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HomeMy WebLinkAbout12-17-2007MINUTES City of Milton Board of Ethics Regular Meeting December 17, 2007 6:oo PM This summary is provided as a convenience and service to the public, media, and staff. It is not the intent to transcribe proceedings verbatim. Any reproduction of this summary must include this notice . Public comments are noted and heard by the Board, but not quoted. This is an official record of the City of Milton Board of Ethics Meeting proceedings. Official Meetings are audio recorded . Board Members Present: Board Member arriving late: Not Present: City Staff: AGENDA: Clint Johnson, Todd Ashley, John McCrory, Joe Whitley (Quorum) Carol Lane -recused at 6:12 p.m. John McMillan late arrival-6:15 PM -recused. Susan Campbell Jeanette Marchiafava, City Clerk Mark Scott, City Attorney I. Call to Order -Chairman Clint Johnson II. Approval of the Meeting Agenda III. Approval of the October 10, 2007meeting minutes. IV. Approval of the December 5, 2007 meeting minutes. V. Hearing on ethics complaint filed by John McMillan. VI. Old Business VII. New Business VIII. Next Meeting Date IX. Adjourn MEETING CALLED TO ORDER Chair Clint Johnson: • Called the Board of Ethics meeting to order for December 17, 2007 at 6:oo PM. • Called the first Agenda item, and asked if there were any additional items, discussion or changes to the Agenda. Page 1 of 8 • Regular Meeting Board of Ethics Monday, December 17, 2007 APPROVAL OF THE MEETING AGENDA • Chair Clint Johnson called for a motion to approve the Agenda. • Changed date of the October meeting minutes from October 10, 2007 to October 1, 2007. MOTION AND VOTE: Board Member John McCrory moved to approve the meeting agenda with the date change from October 10, 2007 to October 1, 2007. Board Member Todd Ashley seconded the motion. VOTE: 4-0. Motion carried unanimously. Chair Clint Johnson: • Called the next agenda item, Approval of the October 1, 2007 meeting minutes. MOTION AND VOTE: Board Member John McCrory moved to approve the October 1, 2007 meeting minutes. Board Member Todd Ashley seconded the motion. VOTE: 4- 0. Motion carried unanimously. Chair Clint Johnson: • Called the next agenda item, Approval of the December 5, 2007 meeting minutes. MOTION AND VOTE: Joe Whitley moved to approve the December 5, 2007 meeting minutes. Board Member Todd Ashley seconded the motion. VOTE: 4-0. Motion carried unanimously. Chair Clint Johnson: • Called the next agenda item, Hearing on ethics complaint filed by John McMillan. • Stated informal part was over and this was the hearing. • Mr. McMillan has not arrived yet. • Would be recused when he arrives. • Asked Ms. Lane to recuse herself. • Advised there was a quorum. • Gave brief review of basis for complaint. • Had previous informal hearing. • At request of Ms. Lane and her counsel, set for final hearing. • Milton City Attorney, Mark Scott, did an investigation. • September 26, 2007 a response was filed in support of the Dismissal of Complaint. • Board has been provided with complete packets. • Called attorney for Ms. Lane, Myles Eastwood forward. Page 2 of 8 , Regular Meeting Board of Ethics Monday, December 17, 2007 Myles Eastwood: • Moved to dismiss the complaint. • Discussion about 30-day requirement. • Waived to have all board members present for the hearing. • October 1, 2007 Board met to consider City Attorney's report and the complaint and decision of whether or not to go to a hearing. • Referred to Ethics Ordinance Section 17(k) in the April 2007 ordinance, renumbered 17(m). Amended in September of this year. • Read from ordinance requirement time requirements for setting hearing. • October 17, 2007, advised the city attorney that Ms. Lane wanted to invoke the 30-day clause. • Restated they wanted all the board members present. • On that condition would waive the 30-day requirement. • Hearing has started and Board is short two members. • Hearing is outside time frame provided by the ordinance. • Motion to Dismiss was filed on that basis. Chair Clint Johnson: • Tried to get all members present many times . • Hard to get 7 people when they have business of the state. • A few members travel for business a good deal. • Mr. McMillan arrived at (6:15 p.m.), but is being recused. • Two options: Could dismiss complaint or could wait until we can get all board members present. Myles Eastwood: • Decision by Board as to whether Motion to Dismiss will be granted or not, as hearing has started. City Attorney Mark Scott: • Acknowledged Myles Eastwood's and Carol Lane's desire, did not agree to anything, that was the extent of our communication. • Board could dismiss complaint and Mr. McMillan could re-file it tomorrow or tonight if he wishes. • Not matter of judicial economy to dismiss complaint and restate entire process all over agam. Myles Eastwood: • Stated difference in someone submitted a complaint that was not sworn to. • If complaint is re-filed it should be dismissed again. City Attorney Mark Scott: • Pointed out that some of the difficulty with dates were also due to Ms. Lane not being available as well. Page 3 of 8 .. Regular Meeting Board of Ethics Monday, December 1 7, 2007 Myles Eastwood: • First hearing was set for October 22nd. • Modified motion was no sooner than October 22 and no later than December 31st. • Before October 22 advised the city attorney wanted the 30-day provision. • Referenced the email string about dates. Todd Ashley: • Appears based on the email strings provided, it was agreed to set hearing outside the 30-day rule. • On Wednesday, October 17, at 11:33 a.m., you sent an email to Mr. Scott and Mrs. Marchiafava which stated you wanted all 7 board members present. • That email also stated if it required going beyond 30 days, then Mrs. Lane would waive the 30-day requirement and request the board be held later than 30 days. • The Board can operate with 4 people present. • Unaware of anything in the Charter or By-laws or this ordinance that says a complainant gets to dictate how many board members get to hear a complaint. • It is my opinion that by waiving the 30-days, you agreed that the complaint could be heard tonight. Myles Eastwood: • Disagreed. • Submitted before October 22nd. John McCrory: • When motion was made to set date no earlier than October 22 nor later than December 31, no objection was made by you at that time. • Committee voted unanimously to accept that motion. • It was after that you stated you wanted all members present. • Agree that complainant does not have right to state how members need to be in attendance at hearing as long as there is a quorum present. • Deferred to City Attorney. City Attorney Mark Scott: • Made same waiver as Mr. Ashley stated by no objecting to a reset date in the time period of October 22nd to December 31st. Page 4 of 8 , . · • Regular Meeting " Board of Ethics Monday, December 17, 2007 Chair Clint Johnson: • Board was ready to resolve the matter without a hearing. • Proceeded to hearing at request of Mr. Eastwood. • Then have 30 day window to operate under. • Mr. Eastwood then came forward to extend 30 days if all board members could be present. • Have extended past the 30 days attempting to get all 7 members present. • Still have 14 days to accomplish this. Myles Eastwood: • Minutes reflect that I was not the one suggested going to formal hearing. • Read from page 6 of the October 1, 2007 minutes. • Board discussion about whether to go on with a formal hearing. • Board then took a vote. • Trying to get a finding of a lack of probable cause and get matter dismissed on October 1. • Asked whether I was ready to go forward that night or whether I needed more time. • Needed more time in light of all the public comment cards produced. • That is when the date of October 22 was mentioned. Chair Clint Johnson: • Feeling was you wanted to proceed to a hearing and that is why we went to it. • You were not ready at that time to proceed. Myles Eastwood: • Board voted to have a hearing and then asked if I was ready. Chair Clint Johnson: • Voted to have hearing due to expiration of the 30 days from first 30 days. • Board granted a second 30 days for your preparation. • That took us to October 22nd. • Then voted for hearing on October 1st. • Believed you were not ready to go to formal hearing that night. Myles Eastwood: • Dealing with two 30 days periods. • Second 30 day period starting running on October 1st. Chair Clint Johnson: • That was waived if there could be all 7 board members. Pages of 8 .1, . Regular Meeting , , ~ 1 Board of Ethics Monday, December 17, 2007 • Do not believe this is grounds for dismissal of the case at this time. • We can vote as a board. • Dismissing in the hope that the complainant would re-file the complaint would weaken the case of the complainant severely since it would have already been dismissed. • Would be unfair to complainant. • Did agree to have all board members present and that was part of the agreement to waive the 30 days. • We have tried to do that. • Only course of action at this time if you intend to hold us to that agreement is to adjourn this evening and attempt in next 14 days to get all the members together and if we cannot, we can dismiss the case then. • Other option is to proceed this evening with the 4 members present. Myles Eastwood: • Would prefer the first option. • It is a board decision. Chair Clint Johnson: • Polled the board members. Joe Whitley: • Better course in any litigation or proceedings involving rights of the parties is to make sure their rights are protected. • Believe we need to oblige the agreement that was made with Mr. Eastwood the best we can. • Do not always agree with procedural ground taken by parties to achieve a result. • My intention this evening was to preside and hear the complaint and have a hearing. • Understand basis of the procedural motion. • Should adjourn and set another date to hear this when all members can be present. Todd Ashley: • Disagree with Mr. Whitley. • Clearly Mr. Eastwood prepared the motion and came prepared to argue it tonight. • Reflects that he contemplated this course of action. • The City Attorney is here tonight on the clock. • The City Clerk, Mrs. Marchiafava, who has been taken away from her family. • The Chairman of this board who has forgone another opportunity this evening to be here. • This objection was not raised until after 6 :oo p.m. when convened tonight. • Do not like this sort of operation . Page 6 of 8 ... L, # Regular Meeting f Board of Ethics Monday, December 17, 2007 • I think Mr. Eastwood waived and I think he knows he waived. • It is here in black and white that it was waived. • Believe this was a premeditated attempt to force an err and then claim the benefit of that err. • Know as well as Mr. Whitley and I do that you cannot cause an err and then claim a benefit from it. Myles Eastwood: • Was told last Thursday one member may not be present. • If everyone had been here, I would not have filed the motion. John McCrory: • Understand what Mr. Eastwood said. • Understand you would like all members present. • All of us would like all members present. • Labored for the past 3 months in trying to get the members present to even have a quorum. • Do not see a reason we could not move forward tonight with the quorum present. • All busy people and it does not make sense to either dismiss or postpone as there is a quorum present. Chair Clint Johnson: • Read part of an email message from City Attorney, Mark Scott, dated October 11, 2007, at 4:56 p.m. to Mr. Eastwood. • Part of email from Mr. Eastwood stated, my client does wish to have the full 30 days discussed under Section 17 of the Ethics Ordinance. • The response was, it is the 2nd thirty day time frame set out in Section 17(m). • Some confusion as believed an extension was being requested to prepare for the hearing and still feel that way. • This was part of the reason we had trouble getting all members here. • Both sides carry some of the blame in this matter. • Board for not having all members present. • Defendant's side for taking advantage of the 30-day extension before the hearing. • Based on board member's comments, appears split 2-2. Todd Ashley: • Requested a 10 minute recess to confer. Chair Clint Johnson: • Called a recess at 6:30 p.m. • Reconvened meeting at 6:45 p.m. • All 4 members are back and still have a quorum. • Going to make a motion. Page 7 of 8 Regular Meeting Board of Ethics Monday, December 17, 2007 • Going to make a motion. MOTION AND VOTE: Board Member Clint Johnson made a motion to comply with the 7 member requirement which was tied to the 30-day extension and that would push the date to December 31, 2007, the original agreement, and we will adjourn this evening and set a date between now, December 17, 2007, and December 31, 2007, when we can have all 7 members present. If we cannot get 7 members, then we would have to dismiss the complaint due to not having it heard in a timely fashion. Defendant and Complainant will be advised of the first date when we can come up with all 7 members and will start working on that immediately. We will give as much notice as we possibly can. Joe Whitely seconded the motion. VOTE: 3-1. Todd Ashley being in opposition. Motion carried. Chair Clint Johnson: • Called for any other business, old or new. • There was none. • Next meeting will be set up when we can get all 7 members. • Apologized for the inconvenience to everyone present. ADJOURNMENT Chair Clint Johnson: • Called for a motion to adjourn. MOTION AND VOTE: Board Member Todd Ashley moved to adjourn the meeting. Board Member John McCrory seconded the motion. There was no further discussion. VOTE: 4-0. Motion carried to adjourn meeting. The meeting adjourned at 6:45 PM. Frau..,,-,......,,µ Ivie City Clerk's office Clint Johnson, C Board of Ethics Page 8 of 8