HomeMy Public PortalAbout20160706 Ethics Commission Approved Minutes.docEthics Commission Minutes
July 06, 2016 Meeting
Approved 08/18/2016
Members Present: Dennis Alexander, Ben Goggins, Danny Hill, Kathy Jackson and Frances Kay Strickland
Members Absent: Katherine Garlington and Michael Pappas
Ex-Officos Present: Janice Elliott, Recording Clerk
Invited Guests: Charlie Barrow
Roll:
Danny Hill called the meeting to order. Roll was taken.
Minutes:
Minutes from June 22, 2016 were not completed.
Old Business:
Discuss reimbursement of legal expenses by City of Tybee for Complainant or Respondent
Chairperson Danny Hill asked that this be discussed later in the meeting.
New Business:
Charles Barrow Letter dated June 28, 2016 (attached) to the Ethics Commission Members.
The letter is basically a summary of what was discussed at the last meeting. Danny Hill sent this letter to Michael Pappas. Since Michael could not attend this meeting, he did send
Danny feedback and Danny shared this with the board.
First item in the letter pertained to persons subject to Ethics Commission Review which involved changing the definition of “city official” in Article I in the ordinance. Mr. Barrow
stated that he deleted the last part ‘position of the city.” Those positions would be city manager, city attorney, city clerk or municipal court judge(s). By doing this, this took
these positions out from the Ethics Commission jurisdiction. These positions needed to be listed under someone’s jurisdiction in the ordinance so a provision was created to add these
positions under the mayor and council.
All members were in agreement of this change.
Discussion then shifted to legal fee reimbursement(s) and how it should be handled. It was the consensus of the commission that the city should not be paying legal fees for either side.
It is not a capital offense. The worst case scenario that the commission would recommend would be a reprimand. They felt that if it was a criminal matter, it would be turned over
to the legal system. Mr. Barrow referred to the section on reimbursement of legal expenses in the handout that Mr. Hughes had given to the commission from the International Municipal
Lawyers Association.
It was decided that a recommendation should include the language and that language needed to be included to the ordinance. The language should be clear and simple:
Mr. Barrow created a quick statement that the commission agreed with which stated, “The city shall not use funds to pay for legal fees of any party bringing a complaint or any party
against if a complaint is filed. Mr. Hill wanted to add a second sentence to make sure that if either party decided to seek legal
representation that they would pay for it. Mr. Barrow added, “Either party who hires an attorney shall pay for their attorney’s fees and expenses.”
This could also be added to the form letter as well.
The commission did not feel that the ordinance was created for someone to hire legal representation.
A less formal procedure of the process was discussed.
In response to Michael Pappas feedback on the legal fee reimbursement, the commission discussed his concerns for legal representation for serving on a committee. The commission acknowledged
that an ethics violation was different than being sued for any other activity or behavior while serving on a committee. The city under the GIRMA insurance coverage agreement would provide
a lawyer for that type of defense.
Part of the reason the lawyer representation started was due to the early version of the ethics ordinance and its complexity. The ethics commission section in the current ordinance
and its procedures was part of the earlier ordinance. The regulatory standard of conduct (Article I) was simplified. The procedure could be simplified so the inquisitor nature is left
out. Again, a less formal procedure was discussed such as a mediation type of procedure. Charlie Barrow stated that he could look at the current procedures and redraft and add the
provision of an informal procedure and present this idea to the commission at the next meeting. The informal process should only have discussion between the commission, the complainant,
and the respondent. It is to be held at an open meeting but the audience cannot participate.
A correction in the Complainant letter was discussed. In the last paragraph, the first sentence should read,
“Please keep in mind that your statement/declaration/complaint will become public record when it is filed. If the “no reimbursement of legal fees” is adopted, then a paragraph will
need to be added to this letter.
The need for changes in the By-laws was discussed. Mr. Barrows will review those as well.
The next meeting was set for Thursday, August 18th, City Hall Auditorium at 5:00 pm.
Adjournment:
Dennis Alexander motioned to adjourned. Frances Kay Strickland seconded. Motion carried. Meeting adjourned.
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