[00:00:01]
YES.ALRIGHT, LET, UM, LET US GO AHEAD AND CALL THIS MEETING TO ORDER.
[1. CALL TO ORDER AND ROLL CALL OF MEMBERS]
THE ETHICS REVIEW BOARD WILL NOW COME TO ORDER IN A REGULAR MEETING ON AUGUST 1ST, 2023 AT 6:03 PM AND WE'LL START WITH OUR ROLL CALL.[2. APPROVAL OF MINUTES FROM THE JUNE 6, 2023 MEETING]
NUMBER TWO, APPROVAL OF THE MINUTES FROM THE JUNE 6TH, 2023 MEETING.WERE THERE ANY CORRECTIONS TO THE MINUTES OR ANY COMMENTS? NO.
I JUST NEED A MOTION AND A SECOND.
ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR OF APPROVING THE MINUTES? SAY AYE.
[3. PUBLIC COMMENT]
ALRIGHT.AND NOW MOVING ALONG TO AGENDA ITEM THREE, WE'RE GONNA OPEN THE FLOOR TO PUBLIC COMMENT.
IF THERE'S ANYONE IN THE AUDIENCE THAT WISHES TO SPEAK, PLEASE GO AHEAD AND, UM, COME UP TO THE PODIUM.
STATE YOUR NAME AND YOUR ADDRESS PLEASE.
OH, NO, I, I ACTUALLY THOUGHT THAT WAS MY DAUGHTER.
I WAS LIKE GETTING HECKLED ALREADY UP HERE.
I LIVE AT 2207 DOVE HAVEN LANE.
AND I JUST WANTED TO COME IN AND JUST SAY, I REALLY APPRECIATE EVERYTHING YOU GUYS ARE DOING HERE.
UH, WHILE TONIGHT MAY SEEM IT COULD SEEM A LITTLE PETTY, IT'S ACTUALLY A BIGGER UNDERLYING ISSUE.
AND YOU'RE GONNA SET A VERY LARGE PRECEDENT HERE.
UM, ORIGINALLY, YOU KNOW, ON THE WAY OVER HERE, I WAS TRYING TO THINK OF WHAT I WAS GONNA SAY.
AND AT FIRST IT WAS, WE NEED TO LEAVE POLITICS OUT OF THIS.
BUT THAT'S EXACTLY THE WRONG WAY.
WE NEED TO KEEP POLITICS IN OUR MIND WHEN THIS HAPPENS BECAUSE IF WE NEED TO IMAGINE WHAT WOULD HAPPEN IF THIS WAS AGAINST YOUR CURRENT BELIEFS, WHAT WOULD YOU DO IF, HOW WOULD YOU FEEL IF YOU, YOUR SON, YOUR DAUGHTER, MOTHER, IF THEY HAD WRITTEN A LETTER ABOUT THEIR, YOU KNOW, TO THEIR CONGRESSMEN OR TO THEIR CITY COUNCILMEN OR, OR EVEN TO THEIR BOARD OF DIRECTORS AND SAID, HEY, I WOULD LIKE YOU TO CONSIDER THIS.
AND THE RESPONSE COMING BACK WAS, HEY, YOU KNOW WHAT? I'M, THEIR BOSS'S BOSS COMES BACK AND SAYS, THIS HAD BETTER NOT BE DONE ON CITY TIME.
AND THEN WHEN IT COMES BACK AND WHEN YOU SAY, HEY, YOU KNOW WHAT, IT WASN'T, SHE WAS OFF.
HE THEN BASICALLY COMES BACK AND SAYS, WELL, I WANT PROOF THAT IT WAS THAT WE HAD A VACATION, UM, APPROVAL REPORT.
AND THEN HE THEN SAID, NOPE, I WANT KEY CARDS.
I WANNA SEE KEY LOGS COMING IN.
THAT IS POLITICS BEING BROUGHT INTO IT.
AND SO IF THIS HAD HAPPENED TO ANYBODY ELSE ON FOR THE OTHER POLITICAL SPECTRUM, YOU'D BE OUTRAGED.
AND IF YOUR, AND WHAT DOES THAT ACTUALLY COME BACK AND SAY, YOU KNOW, YOU WOULD SAY, WELL, I DEFINITELY DON'T WANNA SEND THIS BACK OVER BECAUSE ONE, IT CAUSED MY BOSS ALL THIS HEARTACHE.
AND IT, AND TO, AND THAT'S JUST ONE EXAMPLE OF IT.
IF WE LOOK THE OTHER WAY AND WE SAY, HEY, UM, YOU KNOW, ON A PERFORMANCE EVALUATION, WE SAY THAT YOUR EMPLOYEE, YOU KNOW, SAID, HEY, SOMEBODY THAT WORKS FOR YOU IS, IS NOT, IS, IS SAYING BAD THINGS ABOUT POLITICAL FIGURES ON YOU.
SO WE THINK THAT YOU SHOULD CONSIDER TERMINATION.
THEY NEED TO BE BROUGHT INTO LINE WITH THE WAY OF THOUGHTS OF THE CURRENT PROCESS THAT IS WRONG.
AND SO WHAT YOU'RE BEING ASKED TONIGHT TO DO IS TO SET THE PRECEDENT.
BECAUSE IF YOU VOTE AND YOU SAY THAT THIS KIND OF BEHAVIOR IS OKAY, IT MAY WORK IN FAVOR OF A FEW PEOPLE NOW, BUT WHAT'S GONNA HAPPEN WHEN THE POLITICAL WINDS CHANGE AND IT GOES THE OTHER WAY, THEN IT'S GONNA BE ABSOLUTELY
[00:05:01]
TERRIFYING.AND SO THAT WEIGHT IS ON, YOU GUYS DO NOT THINK OF THIS ABOUT JUSTIN HICKS BECAUSE THAT'S WHAT STARTED IT.
BUT NOW IT'S GOING TO SAY, ANYBODY ELSE, WHAT'S GONNA HAPPEN? SO I REALLY WANT YOU GUYS TO HOPEFULLY TAKE SOME TIME, LOOK AT IT, READ THE FACTS AND THINK, IS THIS THE KIND OF BEHAVIOR? IS THIS NOT SOMETHING THAT WOULD SAY, I AM SCARED TO COME BACK AND PUT ANYTHING POLITICAL OUT THERE, BECAUSE THAT'S WHAT IT WAS TO ME.
I DO NOT ENVY YOU, BUT I SURE DO APPRECIATE YOU.
ANYBODY ELSE? OKAY, MOVING ON TO AGENDA ITEM FOUR,
[4.A. Executive (Closed) Session(s) - Texas Open Meetings Act, Section 551.071 Government Code – Consultation with attorney: Consultation with the Ethics Compliance Officer to receive legal advice regarding an ethics complaint filed February 2, 2023.]
OUR BUSINESS.WE ARE GOING TO MOVE TO AN EXECUTIVE CLOSED SESSION PURSUANT TO THE TEXAS OPEN MEETINGS ACT, SECTION 5 5 1 0.07, ONE OF THE GOVERNMENT CODE CONSULTATION WITH OUR ETHICS COMPLIANCE OFFICER, WHERE WE WILL RECEIVE LEGAL ADVICE REGARDING THE ETHICS COMPLAINT FILED FEBRUARY 2ND OF THIS YEAR.
SO THE ETHICS REVIEW BOARD HAS COMPLETED ITS
[4.B. Action Item(s) from Executive Session(s): Consideration and possible action on ethics complaint filed on February 2, 2023.]
EXECUTIVE SESSION ON THIS FIRST DAY OF AUGUST, 2023.WE ACTUALLY COMPLETED AT 6:44 PM THE ETHICS REVIEW BOARD WILL NOW RECONVENE AN OPEN SESSION.
UM, THERE WAS NO FINAL ACTION DECISION OR VOTE WITH REGARD TO ANY MATTER CONSIDERED IN OUR EXECUTIVE SESSION THAT JUST CONCLUDED.
UM, AND SO BEFORE WE CONSIDER, AND WELL BEFORE WE TAKE ACTION ON THE ETHICS COMPLAINT FILED ON FEBRUARY 2ND, WE'LL GO AHEAD AND DO OUR CONSIDERATION PORTION.
AND I AM GONNA ASK MR. STRONG, KIND OF LIKE WE DID AT OUR LAST MEETING TO GO AHEAD AND PRESENT A BRIEF VERSION OF HIS SUMMARY OF HIS OPINION.
AND THEN
ALRIGHT, THANK Y'ALL FOR HAVING ME HERE.
IS THAT ON? ALRIGHT, UM, IT IS, I DISCUSSED A LITTLE MORE DETAIL IN THE MEETING.
UM, I HAVE REVIEWED THE COMPLAINTS, THE INFORMATION SUBMITTED BY THE COMPLAINANT.
THE RESPONDENT INTERVIEWED SOME OF THE PARTIES, UM, AND LOOKING AT THE ENTIRE COMPLAINT, UM, I TRYING TO BOIL IT DOWN TO THE SIMPLEST TERMS. WE HAVE A SITUATION WHERE A CITY OFFICIAL OBSERVED THE ACTIVITY THAT HE BELIEVED WAS, UH, UNLAWFUL.
HE REPORTED THAT ACTIVITY ASKED TO BE INVESTIGATED TO THE CITY MANAGER.
UH, OUR COMPLAINANT FILED A COMPLAINT REGARDING THAT REPORT TO THE CITY MANAGER TAKING THE POSITION.
THAT IS AN ETHICS VA UH, VIOLATION SIMPLISTICALLY, THAT'S WHAT WE ARE LOOKING AT HERE.
UM, BECAUSE THE ACTIVITY INVOLVED WAS AT LEAST TO ANY REASONABLE APPEARANCE COULD HAVE BEEN CONSIDERED UNLAWFUL.
'CAUSE THE TIME AND DATE ON THE EMAILS, IT'S NOT UNREASONABLE FOR ANY PERSON TO REPORT THAT AND ASK TO BE INVESTIGATED.
UM, BECAUSE AS WE DISCUSSED, THE KEY TO ALL ALL THIS IS WHETHER THE ACTIVITY IS LAWFUL OR UNLAWFUL.
UM, IN THIS PARTICULAR CASE, IT WASN'T DETERMINED TILL AFTER THE FACT THAT THE ACTIVITY WAS IN FACT LAWFUL, WHICH RAISED POTENTIAL, UH, UH, PROBLEM.
BUT AGAIN, BECAUSE THE ACTOR IN THIS CASE, GIVEN ALL THE CIRCUMSTANCE, IT WAS A REASONABLE ACCIDENT IN HIS PART, DO NOT BELIEVE THIS RISES TO THE LEVEL OF AN ETHICS COMPLAINT OR AN ETHICS VIOLATION.
AND, UH, MY RECOMMENDATION TO THE BOARD IS TO DENY THE COMPLAINT.
DID ANYBODY HAVE ANY OTHER QUESTIONS OR WANT TO CHAT WITH MR. STRONG PUBLICLY RIGHT NOW OR BEFORE WE LET HIM SIT BACK DOWN, Y'ALL? OKAY.
UM, SO I GUESS LET'S JUST OPEN UP DISCUSSION NOW AND THEN WE'LL VOTE, UM, IF THAT'S OKAY WITH EVERYBODY.
[00:10:01]
OKAY, I'LL START.SO, UH, THANK YOU MR. STRONG FOR YOUR WORK ON THIS.
UM, WE APPRECIATE IT AND THE WORK YOU'VE DONE FOR LEAGUE CITY IN THE PAST.
UM, WE DID TALK ABOUT WHETHER THE ACTION WAS LAWFUL OR UNLAWFUL.
WE HAD A VERY BROAD DISCUSSION ON THAT AND WE TOOK, YOU KNOW, THE DISCUSSION VERY SERIOUSLY.
UM, YOU KNOW, I OF IMPORTANCE TO ME ESPECIALLY WAS, YOU KNOW, THE TIMING OF THINGS AND HOW, UM, VARIOUS ACTORS REACTED WHEN INFORMATION WAS THEN REVEALED ABOUT WHETHER WHAT HAPPENED WAS LAWFUL OR UNLAWFUL.
AND SO, YEAH, I THINK I'M PROUD OF OUR BOARD FOR TAKING IT SERIOUSLY AND ASKING GOOD QUESTIONS.
AND, UM, I THINK THAT MR. STRONG'S RECOMMENDATION IS SOUND.
WHAT CONSTITUTES QUORUM FOR THE CITY COUNCIL MEETING? HOW MANY, HOW MANY MEMBERS CONSTITUTE QUORUM? THE QUORUM OF THE COUNCIL IS FIVE.
I THINK THERE'S A QUESTION AS TO WHETHER THESE EMAILS THAT GO BACK AND FORTH BETWEEN COUNCIL MEMBERS ARE CREATING A QUORUM FOR CITY COUNCIL PURPOSES WHEN EVERY COUNCIL MEMBER'S COPIED.
AND THEN EVEN IF IT HAS NO TRUE EFFECT ON THIS COMPLAINT.
AND WHETHER WE DISPOSE OF IT OR NOT, IT'S A CONCERN THAT WE HAVE.
AND THAT'S ALWAYS A, A, UH, UH, A VALID CONCERN.
I WILL TELL YOU THAT, UH, CITY COUNCIL DIRECT REPORT, EMPLOYEES SUCH AS THE CITY MANAGER, THE CITY ATTORNEY, UH, ET CETERA, UH, WE DO HAVE A, UH, PRACTICE WHEN WE SEND AN EMAIL TO THE COUNCIL THAT WE SEND, I MYSELF, I HAVE THE CITY COUNCIL INDIVIDUAL EMAIL ADDRESSES IN THE BLIND, COPY THE B C C LINE.
SO THAT WAY IT IS NOT POSSIBLE FOR AN INADVERTENT REPLY.
ALL THAT THEN CONSTITUTES A COMMUNICATION FROM A MEMBER OF THE COUNCIL TO, UH, OTHER MEMBERS, ENOUGH OTHER MEMBERS TO CONSTITUTE A QUORUM.
SO YOU MIGHT, IN THE EMAILS THAT YOU ARE REFERRING TO, YOU MIGHT BE SEEING EMAILS SENT BY A MEMBER OF STAFF TO THE ENTIRE COUNCIL, WHICH ACTUALLY IS OKAY, BECAUSE THE, THE PROHIBITION WOULD BE, UH, A COMMUNICATION THAT COULD COUNT AS DELIBERATION UNDER THE TEXAS OPEN MEETINGS ACT.
AND THAT COMMUNICATION WOULD NEED TO COME FROM A MEMBER OF THE GOVERNING BODY TO ENOUGH OTHER MEMBERS OF THE GOVERNING BODY WHERE IT COULD BE ARGUED THAT THAT WAS A DELIBERATION AMONGST A QUORUM OF THE BODY THAT WAS NOT DONE IN A, A POSTED MEETING PURSUANT TO TOMA.
AND I JUST WANNA SAY, I, I UNDERSTAND THE RECOMMENDATION FROM MR. STRONG, AND I, I DO AGREE WITH IT.
UM, I JUST, YOU KNOW, AS, AS A PUBLIC PERSON MYSELF, AS A, YOU KNOW, I, I I'M AN EMPLOYEE OF, OF A GOVERNMENTAL BODY THAT, YOU KNOW, I JUST THINK THAT, UM, I HOPE THAT OUR CITY COUNCIL MEMBERS, YOU KNOW, ARE CARE MORE CAREFUL WITH THE WAY THAT THEY WORD THINGS AND THE WAY THAT THEY SPEAK TO PEOPLE BECAUSE YOU ARE REPRESENTING ALL OF LAKE CITY AND ALL OF OUR REPRESENTATIVES AND, YOU KNOW, THE WAY WE SPEAK TO PEOPLE, WE WANNA BE MODELS OF THAT.
WE WANNA BE MODELS OF KINDNESS AND RESPECT.
AND SO IN SOME OF THESE EMAILS, WE DON'T EXHIBIT THAT.
AND I UNDERSTAND THAT'S NOT AGAINST OUR CITY CHARTER AND IT'S NOT, YOU KNOW, BUT WE, WE NEED TO USE SOME LEVEL OF PROFESSIONALISM.
AND, AND I WOULD HOPE THAT OUR CITY COUNCILMEN DO THAT AND REPRESENT THAT, UM, AT ALL TIMES.
AND, YOU KNOW, WE ALL TAKE, WE ALL HAVE TO TAKE COURSES AND, AND PUBLIC RECORDS AND OPEN RECORDS AND WHAT CONSTITUTES THAT AND QUORUMS. AND, AND SO I JUST HOPE THAT IN, IN THE FUTURE WHEN WE HAVE DISAGREEMENTS AND THINGS LIKE THIS, THAT THERE'S STILL THAT LEVEL OF PROFESSIONALISM AND RESPECT TO EACH OTHER.
ANY OTHER DISCUSSION BEFORE WE TAKE A VOTE? NO.
SO I WILL TAKE ANY MOTION THAT SOMEONE WANTS TO GIVE, UM, TO POTENTIALLY TAKE ACTION ON THE ETHICS COMPLAINT FILED ON FEBRUARY 2ND, 2023.
I MOVE THAT WE ACCEPT, UH, MR. STRONG'S RECOMMENDATION
[00:15:01]
TO DISMISS THIS COMPLAINT.AND ALL OF THOSE IN FAVOR, PLEASE SAY AYE.
ALL OF THOSE OPPOSED? THANK YOU.
[5. COMMENTS FROM BOARD MEMBERS]
RIGHT.MOVING ALONG TO AGENDA ITEM FIVE COMMENTS FROM BOARD MEMBERS.
AND I'M, I HAVE A LIST IN FRONT OF ME, SO I'M JUST GONNA GO WITH THIS LIST.
I, I WANNA ECHO WHAT, UM, MS. MCADAMS SAID ABOUT, UM, RESPECT AND THE WAY WE TREAT OTHERS, ESPECIALLY IN OUR COMMUNITY WHEN WE ARE HAVING MUCH DISCUSSION ABOUT, UM, OUR OWN PERSONAL BELIEFS AND HOW WE SHARE THEM, THAT I WOULD HOPE THAT THE MEMBERS OF THE CITY COUNCIL WOULD EXHIBIT, UM, THE RESPECT THAT THEY EXPECT FROM STAFF AND FROM CITIZENS WHEN THEY HAVE CONCERNS ABOUT, UM, THINGS THAT ARE HAPPENING WITHIN THE CITY.
THANK YOU, RACHEL, AND I APPRECIATE THAT, MS.
AND SO I'M JUST GONNA REITERATE THE FACT OF, I JUST WOULD HOPE THAT WE ARE, CONTINUE TO BE RESPECTFUL AND WATCH THE WAY THAT WE'RE SAYING THINGS TO PEOPLE.
AND BECAUSE WE DO AS CITIZENS AND EMPLOYEES STILL HAVE A RIGHT TO BE ABLE TO EXPRESS OUR OPINION IN THE APPROPRIATE WAYS TO DO THAT, IN WHICH, YOU KNOW, OUR EMPLOYEES OF LEAGUE CITY HAVE PROVEN THAT THEY HAVE DONE THAT.
AND SO I WOULD HOPE THAT OUR CITY COUNCIL, UM, RESPECTS THAT AND THOSE BOUNDARIES AND THE WAY THAT THEY DO TREAT OUR EMPLOYEES OF THE CITY.
AND THEN ME, UM, YEAH, I AGREE WITH WHAT THEY'RE SAYING.
I THINK THAT IF WE HAD VIOLATIONS FOR BEING UNPROFESSIONAL AND BEING RUDE, THEN THIS WOULD'VE PROBABLY BEEN A VIOLATION.
BUT, UM, WE DON'T, AND OUR ETHICS ORDINANCES ARE WRITTEN THE WAY THEY'RE WRITTEN.
AND, UM, I WILL REPEAT WHAT I SAID LAST TIME, THAT WE NEED COUNCIL AND MAYOR'S HELP TO AMEND OUR ORDINANCES TO GET THEM MORE TIGHTENED UP.
KIND OF TO ECHO WHAT MR. CRUZ SAID EARLIER, THAT A GAP IN ORDINANCES CAN BE USED AS A SWORD AND A SHIELD, AND IT CAN BE USED BY BOTH SIDES OF THE POLITICAL SPECTRUM TO THEIR ADVANTAGE.
AND, UM, IT'S NOT A POLITICAL ITEM TO WANT TO IMPROVE OUR ORDINANCES.
SO, UM, IF WE COULD GET THAT WORK DONE, I THINK IT WOULD BEHOOVE OUR ENTIRE CITY, INCLUDING COUNCIL.
AND WE ALL JUST NEED TO BE A LITTLE NICER TO EACH OTHER.
I'M TRYING TO TEACH MY SIX YEAR OLD THAT ALL THE TIME.
SO, UM, WITH THAT, WE'LL GO AHEAD AND ADJOURN THIS MEETING OF THE ETHICS REVIEW BOARD FOR THE CITY OF LAKE CITY AT 6 57.
ONE OF OUR LONGEST MEETINGS EVER