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HomeMy Public PortalAbout20070910Ethics Commission Minutes.docEthics Commission Minutes September 10, 2007 Members Present: Walker Beeson, Randi Bryan, Fretwell Crider, Danny Hill, Pam O’Brien, Sue Off, and Carolyn Smith Ex-Officos Present: Bubba Hughes, City Attorney and Janice Elliott, Recording Clerk Member Absent: Michael Sullivan Visitors: Fretwell Crider called the meeting to order. Numbers 1-10 were placed in a hat for members to draw. Odd numbers will hold a 2009 term and even numbers will hold a 2010 term. Terms are as follows: Walker Beeson (6) 2010 Danny Hill (7) 2009 Randi Bryan (8) 2010 Carolyn Smith (9) 2009 Fretwell Crider (4) 2010 Michael Sullivan (5) 2009 Pam O’Brien (10) 2010 Alternate: Sue Off (1) 2009 Numbers 2 and 3 were not drawn. These numbers will be held and drawn by the 2 alternates that are to be appointed by Mayor and Council. Walker made the motion to accept the minutes from the August 20th meeting submitted by the Vivan Woods the filing clerk. Danny Hill gave a second. Minutes were approved. Ground rules discussed by the chairperson: Be informal at the meetings Asked that everyone participate in all meetings – always be courteous, considerate and timely Limit the time of the meetings to 1 and at most 1 ½ hours – assignments may be made to expedite the discussion at the next meeting. A complaint had been issued to the Commission. There was discussion on how the complaint should be handled. The members felt that policy and procedures should be established before dealing with a complaint. The order of business was to establish policy and procedure. Fretwell handed out a complaint procedure that he had written. Step 4 in the procedure – Commission meets in private and reviews complaint for disposition- was questioned. Bubba stated that all meetings had to be advertised and open to the public. The only time a closed meeting could occur is to go into executive session for a portion of the meeting to discuss the merits of the complaint. In order to meet in private, you have to meet in public, and then go to private. Our meetings are subject to the open records law. The complaint itself is an open record. Bubba will follow up on the issue of public record with GMA. A motion was made by Sue that Janice should return the complaint to the person who submitted it and let them know that it will be public record. Pam seconded the motion per discussion. There was discussion. The motion is to also make them aware of the requirements for a proper complaint – refer to Section 4.14-C under Submission and Qualification. Sue asked that since a complaint has come so quickly can we back off from accepting it until by-laws and procedures are in place. Bubba stated that if it was the will of the majority the commission could. It was discussed how long it would take to establish by-laws and procedures. Sue did not want to set precedence by doing this first time differently than you would do things to follow. We need to be really careful how we handle the very first case because that will be the standard we will be held to. There was discussion on the difference between a Complaint Policy and a Complaint Procedure. A policy would explain the procedure to be followed, the guidelines to be honored, and the goals and responsibilities, and the rights of the complainant. Bubba felt that it was safest from the City and Commission’s standpoint not to deal with complaints until a policy and procedure were established. Bubba does not want to have any misunderstandings. If the individual doesn’t mind then, the complaint will be deemed accepted if it meets the requirements of section 4.14. As soon as procedures are developed we can deal with it. That is the best we can do. Pam amended the motion to read: to tell the complainant that the Commission will have a policy and procedure within two weeks. At that time, he/she can then resubmit the complaint at that time or we can keep the complaint and once the policy and procedure has been written that it would be dealt with at that time. The amendment was voted and approved by 7 to1 vote. The motion was also approved by a 7 to 1 vote. By-Laws Sue compiled a draft copy of the by-laws. Pam questioned Section 4. Notice of Meetings – 7 days too much time on the advanced notice of the meetings. Sue stated that this had to do with the Sunshine Law. There was discussion. Bubba stated that a special called meeting. It was discussed that the 7 days was referring to a regular meeting. It was agreed that “and in the case of special meetings, the purpose for which the meeting is called,” should be remove from Section 4. Under the Creation and Purpose section it should read “Pursuant to Ethics Ordinance 4.01 is hereby created...” Also “leverage” should be removed under the b part of this section. In Section 6 “role” should be replaced with “roll.” In Section 3. Terms of Service (2)– “No terms will expire in 2007 or 2008” should be eliminated. Walker motioned to accept the By-Laws per the corrections made. Pam seconded. By-Laws with the corrections were approved. Sue will make the necessary corrections and email to the commission. Complaint Policy Section 13 on Judicial Review was totally removed from the Complaint Policy draft outline that was created by Sue Off. In Section III – B on the outline, “30 days (+ or -)” was removed and “within such time as directed by the Commission, not to exceed 30 days” added. It was discussed by the members that when the complaint is handed to the Clerk of Council, the complaint is dated, initialed on the back sealed flap of the envelope and the complainant given a receipt. It was established that the designee should be the Chairperson and if the Chairperson is not available then the complaint would go to the Vice-chairperson. A Check List was discussed to be developed and added to the Complaint Policy as Roman Numeral I A check list and policy should be given by the Clerk of Council to the complainant at the time the complaint is submitted. Pam O’Brien is to work on the check list prior to the next meeting. In Section II – B-1 on the outline needs a time period of 7 business days was added and it is to read, “(1) Deficient Claims returned to complainant with letter explaining deficiencies within 7 business days.” In Section II, “within 7 business days” should be added and it is to read, “Ethics Commission designee assigns complaint to proper authority within 7 business days. In Section III – A, 5 should be replaced by 7 business days and “of determination that complaint is not technically deficient” to be added. Section III-A, should read, “Copy of complaint delivered to accused via registered mail within 7 business days of determination that complaint is not technically deficient.” In Section III-C, “receipt of complaint” should be replaced by “date for response by accused” and it is to read, “Ethics Commission investigatory review to be held within 30 days of date for response by the accused.” Section III-C-1-b is to be deleted. Section IV, “not to exceed 30 days from the conclusion of the investigatory review” should be added. Bubba pointed out that on the check list the complaint should include what section of the code has been violated. Carolyn is to revise the Policy and Sue is to revise the By-laws and email to the members. A motion was made by Carolyn to approve the Policy with the corrections. There was a second by Walker. Motion approved. A motion was made by Walker to adjourn the meeting. Carolyn seconded. Motion approved. With there being no further business the meeting was adjourned. Respectfully submitted by Janice Elliott.