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Ethics Commission Minutes
October 1, 2008 Meeting
Members Present: Walker Beeson, MaryAnn Bramble, Danny Hill, Pam O’Brien,
Sue Off, Julian Toporek
Members Absent: Nancy Anderson
Ex-Officios Present: Janice Elliott, Recording Clerk, Bubba Hughes, City Attorney
Invited Guests:
Roll:
Walker Beeson called the meeting to order. Roll was taken.
Minutes:
Minutes of the September 15, 2008 meeting were approved upon motion by Sue Off. Julian
Toporek seconded. Minutes were approved.
Review and Commentary on draft Ethics Ordinance 21-2008 (9-22-08):
The chairman asked for discussion and recommendations on the draft copy of the new ordinance
dated 9/22/2008.
Pam discussed concerns of Bubba’s letter to the Mayor and Council dated September 22, 2008
regarding the misunderstanding. Pam stated that a motion was made to use the current
ordinance and incorporate Frank Jenkin’s comments yet the Cedartown ordinance was what was
used. Bubba stated that he understood the current ordinance to be the ordinance that had been
sent to the Commission by Mayor and Council (Cedartown) not the one that was currently on the
books. The Cedartown ordinance was the one that was sent in draft form after it had gone to the
Mayor and Council as something that they wanted reviewed and then include within the motion
was to incorporate Mr. Jenkins’s comments and include the advisory committee was part of the
discussion. It was a misunderstanding. Pam stated that it was bothersome because the
Commission expressed a desire to use the ordinance that the Ethic Advisory Committee worked
on for many months. The Commission did not want to disregard that ordinance. Julian Toporek
understood the same as Bubba. It was hard to take the old ordinance and restructure it according
to what Council wanted was almost impossible. Bubba stated that he had attempted to adjust the
current ordinance prior to the Cedartown ordinance. Very lengthy process and so he stopped
until he got further direction from Council. Pam stated that motions will be repeated a second
time so that it is understood before a vote is taken.
Pam stated that a cover letter with a summary of the highlights of the ordinance needs to be
written from the Commission to the Mayor and Council. For example, the old ordinance had a
limit of $500 for campaign contribution and the new one follows Georgia’s Law, also the new
ordinance does not contain an employee section. She also stated that training for the Council
needs to be addressed.
.
The following modifications to the draft ordinance of 9/22/2008 were discussed and agreed
upon:
Page 9, Section 10, 2: omit “with confirmation by City Council.”
Page 10, (C) 5: omit entire section.
Page 10, (D) 6 (a): omit “clear and convincing evidence” replace with “preponderance or greater
weight of the evidence.”
Page 4, Section 14: The 3rd sentence should read, “Further, in cases involving intentional acts,
the general penalties of the Code of Tybee Island may be used as disciplinary action for
violations of the Code of Ethics.
The underline words were added to distinguish between the codes.
Page 5, Section 2, 2: correct typo from “recusal when the” to “recusal when they.”
Page 8, Section B, 1: omit “to members of the Ethics Advisory Board serving at the time this
Code is enacted and.”
Page 2, Section 1, c: omit “sharing household expenses with the official.”
Page 3, Section 8: omit “vote” replace with “participate in any manner and shall recuse
him/herself.”
Page 6, Section 4, 2: omit “after 2007” and “after 2008. No terms will expire in 2007 and 2008.”
Page 7, Annual Appointments, 1: “2008” needs to be changed to “2009.”
Page 6, Section 4: Add a number 1 for those currently serving and renumber 1, 2, and 3 to 2, 3,
and 4. Bubba will work on the wording for this.
A copy or the ordinance with corrections will be sent to Ethic Commission for review. Meeting
scheduled for Tuesday, October 21st, at 4:30 pm. Pam O’Brien will write a draft cover letter for
the Mayor and Council regarding the ordinance and email to members before the next meeting.
Opening of complaint received at City Hall on 9/30/2008:
Reviewed the process in receiving a complaint: Open and decide if the complaint is legitimate,
the Commission decides if it warrant an investigation, if it does warrant an investigation then a
registered letter is sent to the complainant with a copy of the complaint, complainant has time to
respond, a hearing is schedule for the complaint.
Compliant was opened by the Chair and read to the Ethic Commission members. The ethics
violation complaint was against Councilman Charles Brewer regarding his active involvement in
the discussions on whether or not motorized golf cards should be permitted use on city streets.
The complainant, David Postle, felt that both the appearance of impropriety and a direct conflict
of interest had occurred since Mr. Brewer owned an electric car rental business located within
the city and referenced the violation of Section 2.04 and Section 3.06 of the current Tybee
ordinance.
There was discussion. Bubba excused himself. It was decided amongst the members that is was
not a deficient complaint. It was unanimously decided to forward a copy of the complaint to Mr.
Brewer and give him the allotted time to respond. A hearing is to be set up once a response is
received.
There was discussion on hiring an attorney since Bubba Hughes would not be able to advise the
Commission on this issue. The ordinance states that the Commission may appoint someone and
that person must be confirmed by the City Council. Julian Toporek may know of someone that
will be interested.
Registered letter must be submitted to the complainant within 7 days. The complainant has 30
days from the date of receipt to respond. The response is reviewed by the Commission in an
investigatory review within 30 days. If it is decided that a public hearing is warranted, it must be
scheduled within 30 of the investigatory review. This compliant will be conducted under the
current ordinance even if another ordinance is passed during this time.
Walker will send a cover letter with a copy of the complaint via registered mail. A complaint
procedure will be enclosed.
Next meeting scheduled for Tuesday, October 21st, at 4:30 pm in the auditorium.
Adjournment:
Pam O’Brien motioned to adjourn. Danny Hill seconded. Meeting adjourned.
10/06/2008je