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HomeMy WebLinkAbout12-05-2007MINUTES City of Milton Board of Ethics Regular Meeting Wednesday, December 5, 2007 6:00PM 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, Carol Lane, Todd Ashley, John McCrory (Quorum) John McMillan 0ate arrival 6:08 PM) Susan Campbell Joe Whitley Jeanette Marchiafava, City Clerk Chris Lagerbloom, Acting City Manager Mark Scott, City Attorney I. Call to Order -Chairman Clint Johnson II. Approval of the Meeting Agenda III. Discussion of ethics complaint filed by Bill Fantozzi. IV. Next Meeting date December 17, 2007 V. Adjournment MEETING CALLED TO ORDER Chair Clint Johnson: • Called the Board of Ethics meeting to order for December 5, 2007 at 6:oo PM . • Called the first Agenda item, and asked if there were any additional items, discussion or changes to the Agenda. APPROVAL OF THE MEETING AGENDA • Chair Clint Johnson called for a motion to approve the Agenda. MOTION AND VOTE: Board Member John McCrory moved to approve the meeting agenda. Board Member Todd Ashley seconded the motion. VOTE: 4-0. (Board Members Susan Campbell, John McMillan and Joe Whitley were not present for the vote.) Motion carried unanimously. Page 1 of 5 Regular Meeting Board of Ethics Wednesday, December 5 , 2007 Chair Clint Johnson: • Discussion of the ethics complaint filed by Bill Fantoozi. • Entering a motion that complaint be dismiss on a technicality. • Referring to Section 17 (c) of the City of Milton Ethics Ordinance on page 16 of the Ethics Ordinance. • Ethics Ordinance states that every complaint filed shall contain a verification that the facts contained therein are true to the best of the complainant's knowledge and belief. • Ethics Ordinance authorizes the Board to impose penalties for filing a frivolous complaint, including without limitation, dismissal of the complaint and cost associated with the handling and processing of the complaint and/or all other penalties applicable under the law. • It is required that be contained in the ethics complaint. • Does not mean turned in a few days later, a few hours later or in a separate document. • It was put in Ethics Ordinance when it was rewritten to ensure when a person filed the complaint it was understood what was being filed and the laws associated with the filing of the complaint. • Going to enter a motion to dismiss the complaint based on Section 17(c). • Going to further dismiss the re-filing of the complaint on December 4th by Mr. Bill Fantoozi. • It was a repetition with the same date as the original complaint being dismissed. • Cannot accept the new complaint with the same date on it. • No intent in the motion to discuss the merits of the complaint. • This is a technicality that the complaint was filed incorrectly and it will be dismissed on that basis . • Mr . Fantoozi can re-file a formal complaint with a properly dated and properly typed up statement ifhe wishes to. • Not at this time deliberating at all and this motion is not covering any merits of the case . • Both complaints fall under the same technicality. CITY ATTORNEY MARK SCOTT: • Advised the Chair that he needed a second. CHAIR CLINT JOHNSON: • Advised he was just discussing what the motion was . • Wanted it understood what motion engenders. CITY ATTORNEY MARK SCOTT: • Advised a second was needed before di s cussion took place. Page 2 of 5 Regular Meeting Board of Ethics Wednesday, December 5, 2007 MOTION AND VOTE: Chair Clint Johnson moved to dismiss the original claim of October 18, 2007 filed by Mr. Bill Fantoozi because of the lack of the caveat required by Section 17(c) of the City of Milton Ethics Ordinance and to dismiss the resubmission of the claim since it contains the same original date and same original writings and does not technically contain the statement. John McCrory seconded the motion to dismiss. Chair Clint Johnson: • Called for any discussion. Chair Clint Johnson: • Called for any comment from the complainant or party that was complained against on the action being taken tonight if the motion is approved. • Asked if either side desired to make a comment. Board Member John McCrory: • I think it is very clear what the ordinance states. • I agree with you on what you propose in the motion, in no way rules on the merits of the complaint. • Very obvious that a complainant must adhere to those strict set of rules concerning filing of a complaint and the motion certainly adheres to that. • Agree very strong that it should be dismissed based on the merits of the inadequacy of the filings. Board Member Carol Lane: • Also agree with the problem with the complaint in that it was not filed correctly. • Believes Board should continue with this as far as discussing the complaint. • Recommends dismissal not only because it was not filed correctly, but would also recommend dismissal based on other areas in the Ethics Ordinance. Chair Clint Johnson: • Called for any further discussion. Board Member Todd Ashley: • Concurred with Board Member Carol Lane. • Cursory evaluation of the merits of the complaint clearly indicate that at best it was politically motivated. • Fact that it is being dismissed here today does not bar it being re-filed. • Stated he supported the motion. Board Member Carol Lane: • If the complaint is resubmitted and the dates were correct and the statement that it was not a frivolous complaint were included, it would not change the substance of the complaint. Page 3 of 5 • Regular Meeting Board of Ethics Wednesday, December 5, 2007 • If it was re-filed Board would be in the same situation. • Believes should discuss the complaint in other areas of the Ethics Ordinance instead of just dismissing it and it coming back. Board Member John McCrory: • Do not believe that is germane in that if the complaint is dismissed for an erroneous filing, that in itself would eliminate further discussion about the complaint. • If it is brought back to the Ethics Board re-filed at that time, could be discussed then. • If dismissed due to faulty filing, then that eliminates it. Chair Clint Johnson: • Called for a vote. Board Member John McMillan: • Arrived late to the meeting at 6:13 PM. • Asked Chair to restate what the vote was for. Chair Clint Johnson: • Restated reasons for dismissing the complaint and re-filing of the complaint in accordance with Section 17(c) of the City of Milton Ethics Ordinance. Board Member John McCrory: • Asked City Attorney if the motion should be dismissed without prejudice allowing it to be re-filed. City Attorney Mark Scott: • Stated if that was the Board's wish that probably would be the best way to state it. Chair Clint Johnson: • Added without prejudice to the motion . City Clerk Jeanette Marchiafava: • Asked Board Member John McCrory if he accepted the addition of without prejudice to the already stated motion by Chair Clint Johnson. Page 4 of 5 ► Regular Meeting Board of Ethics Wednesday, December 5, 2007 Board Member John McCrory: • Stated affirmatively that he did accept the addition of without prejudice. VOTE: 4-0-1. Board Member John McMillan being opposed. Chair Clint Johnson: • Stated there was a quorum. Five members of the board were present and 2 were absent. • Called the next agenda item, Next Meeting Date. • Date is December 17, 2007 at 6:oo PM • Called for any other business. • There was none. ADJOURNMENT Chair Clint Johnson: • Called for a motion to adjourn. MOTION AND VOTE: Board Member Todd Ashley moved to adjourn the meeting. Board Member Carol Lane seconded the motion. There was no further discussion. VOTE: 5-0. Motion unanimously carried to adjourn meeting. The meeting adjourned at 6:17 PM. BOARD MEMBER JOE WHITLEY: • Arrived after meeting adjourned at 6:20 PM. DateApproved: l~/127 rancesca Ivie City Clerk's office Clint Johnson, Ch Board of Ethics Page 5 of 5