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HomeMy WebLinkAboutMinutes - BoE - 02/25/2008MINUTES City of Milton Board of Ethics Work Session Monday, February 25, 2008 6:00 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 all official record of the City of Milton Board of Ethics Meeting proceedings. Official Meetings are audio recorded Board Members Present: Carol Cookerly, Carol Lane, Clint Johnson, Todd Ashley, Howard Drobes, Joe Whitley City Staff: Jeanette Marchiafava, City Clerk Ken Jarrard, City Attorney Mark Law, City Arborist SWEARING IN OF NEW MEMBERS: • Mayor Lockwood administered the Oath of Office to Carol Cookerly and Joe Whitley. AGENDA I. Call to Order — Chairman Clint Johnson II. Discussion on revisions to Chapter 6, Code of Ethics and Standard of Conduct. III. Completion of the Annual Report. IV. Discussion on revisions to By -Laws. V. Report of alleged violation received from Councilmember Thurman. VI. Report of alleged violation received from Councilmember D'Aversa. VII. Adjourn MEETING CALLED TO ORDER Chair Clint Johnson: • Called the Board of Ethics Work Session to order for February 25, 2008 at 6:00 PM. • Called the first item of business, which was not on the Agenda, approval of the minutes for December 2007. APPROVAL OF THE MEETING AGENDA • City Attorney Ken Jarrard stated that it may be appropriate to add to the Agenda adoption of the December 21, 2007 meeting minutes. • Chair Clint Johnson called for a motion to add this item to the Agenda. Motion and Vote: Todd Ashley moved to amend meeting agenda to include December 21, 2007 meeting minutes. Seconded by Joe Whitley. Vote: 6-0. Motion carried. Page 1 of 22 Board of Ethics Work Session Monday, February 25, 2008 APPROVAL OF THE MINUTES • The December 21, 2007 meeting minutes were unanimously approved. City Attorney Ken Jarrard: • Discussion about election of officers. • No longer have a vice chair due to resignation. • City Council not accepted resignation yet. • Explained rules regarding reelection of Chairman or Vice Chairman to the Board. Chair Clint Johnson: • By-laws are in suspension. • Were in direct conflict with the Ethics Ordinance. • Now rewriting Ethics Ordinance. Carol Lane: • In 2007, the By-laws were to be suspended per case. Chair Clint Johnson: • Believe they were just suspended and never brought them back in. Todd Ashley: • Asked for minutes reflected the topic of the By -Laws. Jeanette and Francesca left meeting to obtain minutes]. Todd Ashley: • What difference does it make if they were or were not regarding tonight's meeting. Chair Clint Johnson: • If they are, would have to elect new Chair and Vice Chair. Carol Lane: • By -Laws state the election of officers to be at board's first meeting of each calendar year. • July 16`h Board of Ethics minutes reflect that City Attorney suggested to vote as to whether or to suspend the By -Laws on a case-by-case basis for each case. • Motion passed unanimously to suspend the By -Laws on a case-by-case basis. Chair Clint Johnson: • By -Laws were suspended for each of the four hearings we heard. • Question: Bring By -Laws back and use as written or keep them in suspension and go forward? • Okay with election of Vice -Chairman today. Joe Whitley: • Preferred moving elections to next meeting of the board. • There are different points of view. • Came unprepared for this particular issue. • Like to get to know new board members better first. • If go forward, may spend a good deal of time doing so this evening. • Realizes it is an important matter. Page 2 of 22 Board of Ethics Work Session Monday, February 25, 2008 Carol Lane: • Board has issues with meeting and the times to meet. • Now it is toward end of February and this is the first meeting of the year. • Finishing business from last year that has not been resolved. • Not certain when next meeting with all board members may take place. • Understands it is short notice, but it is in the By -Laws. • Perhaps it could be done at end of meeting to vote on new Chair and Vice Chair. City Attorney Ken Jarrard: • Would be helpful if he could review the minutes regarding the issue of By -Laws. Chair Clint Johnson: . • Not trying to fight issue of the By -Laws. • Only have 6 members tonight because of resignation of one member. • Two of our members are newly sworn in. • Not familiar with either new member. • Would not be able to vote on member that he just met and visa versa. • Do not want to violate the By -Laws. • Do not have problem going ahead with the vote. Todd Ashley: • Asked new members to weigh in on the issue. Howard Drobes• • This is a work session and not the first meeting. • Election should be at first regular meeting the way it is written. • With proposed legislation before the state, going to be required to meet once a quarter. • Work sessions will not count as that meeting from what he read. • If passes, will have 4 regular meetings per year in addition to work sessions. • Cannot vote for offices at work sessions for the board. Carol Cookerly: • Can another meeting be scheduled to accommodate the different interests? City Attorney Ken Jarrard: • Stated absolutely. • After meeting, you could discuss and schedule the next meeting. • To ensure that everybody's collective interest would be taken care of. • Chairman could run tonight's meeting. Carol Cookerly: • Not familiar with the rules or rule-making of this Board. • We have a caution approach available to us. • Would appreciate doing this even if it meant meeting another night this week. Page 3 of 22 Board of Ethics Work Session Monday, February 25, 2008 Carol Lane: • First meeting of this Board was April 9, 2007. • Chairman was elected that night and that was first meeting. • Does not know if the difference between a work session and a meeting regarding voting. • Board does not meet often. City Attorney Ken Jarrard: • As duly assembled entity of City of Milton, you have right to meet in a special meeting whenever you decide under the Opens Meeting Act. • A meeting is a meeting. • There is a distinction between a regular meeting and a special meeting. • Regular is held at regular intervals scheduled in advance. • Special meeting is called specially to address certain issues. • You can elect all of your officers and all of your concerns would be satisfied. Chair Clint Johnson: How do we handle the matter of a member that resigned, but resignation has not been accepted by the councilmember that nominated her? Technically, she is still a member. We now do not have the 7th member so that narrows down the number of people who can vote for Chair or Vice Chair. City Attorney Ken Jarrard: • You have a working quorum. • Not so certain City Council has to accept her resignation. • No one can be compelled fo serve. • Perhaps a few weeks would allow more time for Mayor and Council to select a new member. Joe Whitley: • Believes we should listen to our City Attorney's advice. • Set a definite time to address these important issues and move forward. • Have City Clerk attempt to arrange a working date to meet again. Motion and Vote: Joe Whitley moved to have the City Clerk arrange a date for the Ethics Board to have their next meeting. Seconded by Carol Cookerly. Vote: 6-0. Motion unanimously carried. Chair Clint Johnson: • We have already discussed the minutes. • Next topic is discussion on revisions to Chapter 6, Code of Ethics and Standard of Conduct. City Attorney Ken Jarrard: • Due to concerns about the current City of Milton Ethics Ordinance, a new ordinance has been drafted by my partner. • We have the current ordinance and now have drafted a different model that we have tried to incorporate some of the concerns based on models we have seen throughout the state. • Geared more toward the state ethical requirements. • To the extent the Board has had opportunity to review the proposed ordinance, or questions about the existing code, perhaps we can discuss without a motion on table on the two ordinances. Page 4 of 22 Board of Ethics Work Session Monday, February 25, 2008 • This Board is a recommending authority. • The existing ordinance allows the Board to make a recommendation to the City Council of Milton as to what you feel works or does not work to have the best ordinance for the City. • Will be happy to go through the document with you and answer questions and direct me to do as you will. Chair Clint Johnson: • We can have both ordinances open and start with the proposed one. • Go through and see if we have any problems, going page by page with both of them. City Attorney Ken Jarrard: • New ordinance has table of definitions. • Referenced particular areas of importance. • Page 4 of the new, Article III is Code of Ethics Requirements for officials, department directors, etc. Carol Lane: • Confusion with use of "public officials," "elected officials," "government employees," and need to clarify the definitions on page 1 in the "Whereas" paragraphs. • Need to use all of these terms for the same thing. City Attorney Ken Jarrard: • Elected officials have different degrees of discretion than employees. • Officials have legislative policy making authority than employees. • Code itself makes that same distinction. • Whereas clauses are preamble and rather sets forth the broad policy objectives of the Code, but it is not law. • Law starts on page 2, Article I, General Provisions. Carol Lane: • Where applicable she want to have the terms to be the same. • One page it says "elected official" and on another it says "city official," etc. • The randomly change and feel need to be consistent throughout. • Does City Council refer to Mayor as well? • I can go through the documents and show exactly where the changes should be made. [Lengthy Discussion about Conflicting Use throughout Document] Joe Whitley: • Agreed with Ms. Lane about this concern. • Terms are often not consistent in document. • Would like this to be one of Board's recommendations to the City Attorney. Page 5 of 22 Board of Ethics Work Session Monday, February 25, 2008 City Attorney Ken Jarrard: • Explained that in some cases there is a reason the terms are defined as they are. • City official has a definition and an employee has a definition. • Referenced under Section 2, Conflict of Interest. • Purporting to capture that both City Official an Employee are governed by this language. • This is purposely done. • Could combine the two and just make "City Official" a catch all for every individual within the City. • It makes the ordinance a little less nuance with respect to capturing some duties and will only apply to city officials. Carol Cookerly: • Difference between public official and city official. • Under 4th "Whereas" Public Official on page 1 [read 4th "Whereas" paragraph]. Chair Clint Johnson: • If going to use "City Official" to include employee, then should not be saying "City Official or "Employee" anywhere in the body of the document. • City Official would be somebody elected or appointed and employee would be somebody that was hired. • Also in ordinance, investigation of complaints is incorrect. • Board is not involved in investigation, only hear the complaints. City Attorney Ken Jarrard: [Explained all the differences regarding definitions of terms that the board members had questions and concerns about (Elected and Appointed Officers, City Official, City Employee, etc.)] City Attorney Ken Jarrard: • Whereas clauses does not define all of Board's performances. • Much broader than that. • Ordinance does speak to the investigation. • All people are deemed to know the law. • Not all know what their ethical obligations are. • They should either consult the ordinance or a private attorney if it is believed that an unethical issue has occurred or to even test their own conduct against the ordinance. Carol Lane: • Ordinance states that ethics complaints go to the City Clerk, not the City Attorney for review to determine if a violation. City Attorney Ken Jarrard: • Requirement that is in current code. • Believes the City Attorney need to be out of the ethics business. • Fraught with a little bit of peril. • City Attorney is also covered by the ordinance. • Can be a conflict. • The Board would make determination of there is a substantive claim of the Ethics Code. Page 6 of 22 Board of Ethics Work Session Monday, February 25, 2008 "� • This ordinance anticipates that if a complaint is made and noticed '�, P P ,you may need an outside ., attorney. • This Board may feel have ability to hear the facts and apply the facts to the ordinance and make their own determination. Howard Drobes: • On page 1 the last "Whereas," change that from "Elected Officials" to "City Officials." Joe Whitley: • In one of the "Whereas" paragraphs, stated operated in a Republican form of government and not a democratic form of government. • Would like that changed. Chair Clint Johnson: • In process of changing the Ordinance totally. • If we are going to approve the Ordinance or portions of it. • We are in the process of abolishing this Board. • Questioned we can make any of these changes. City Attorney Ken Jarrard: • You cannot make these changes. • We are only fashioning a recommended draft that would go to City Council. • Until Council adopts these changes and repeals the current Ordinance, the Board has the right to suggest these changes and modifications. Chair Clint Johnson: • A lot of work for being on a Board for perhaps one meeting. • If I am going to rewrite the City Ordinance it is not going to state "Abolish" anywhere in it. • If the Board is going to be abolished, he believes we should go directly to that vote and abolish the Board tonight. City Attorney Ken Jarrard: • This Board respectfully does not have authority to abolish itself. Chair Clint Johnson: • All boards do in Georgia. • Served on the Library Board and that was an important point. • We can abolish ourselves at anytime by a quorum vote. Carol Lane: • Understood these were just a proposal to help us have a good ethics ordinance. • Does not mean we have to do everything in it. • Just recommendations and suggestions. • Do not feel there is anything that states that we have to be abolished. Page 7 of 22 Board of Ethics Work Session Monday, February 25, 2008 QCity Attorney Ken Jarrard: • No one knows better what worked last year than this Board. • Have the right to make suggestions under current code that still controls this Board's function to make recommendations to Council. • If the Board does not like the proposed new draft of the Ethics Ordinance, do not make recommendation to Council that says it should change. Carol Lane: A • Can we continue page by page and make our suggestions to the ordinance on what we want or do not want? City Attorney Ken Jarrard: • Will defer to Chairman and will yield to him. Chair Clint Johnson: • Want to have discussion about "Abolish" language. • Read the language aloud from the document. • Do not want to be too suspicious of motivation language. • To add this is begging question that someone is in favor of this. • If in favor, then why not just abolish the Board? • If this is your recommendation, it should have gone directly to Council. City Attorney Ken Jarrard: • Not my recommendation. • Believe it is the Council's recommendation. • It is adoption for guidance based on what works and what does not. Chair Clint Johnson: • Hate being played for a sucker and I am being played for a sucker. • I know when I am being played and I am. City Attorney Ken Jarrard: • Are you suggesting I am playing you for a sucker sir? Chair Clint Johnson: • Not talking to you, but saying this abolishing the Board was put in this document by someone. City Attorney Ken Jarrard: • This is not up for adoption tonight. • This is a draft to go through line by line. • If you do not like the language, then do not recommend it. • Not a backdoor attempt to make this Board adopt something you do not like. Page 8 of 22 Board of Ethics Work Session Monday, February 25, 2008 © Todd Ashley: • Almost every complaint last year that we heard had some taint to politics to it. • It touched virtually everybody on City Council. • It touched at least two members of this body. • Question becomes who favors this language and how did it end up in this draft? • Who is advancing this agenda? • Problem is if this becomes the rules and Fulton County Bar Association appoints one of our members who may have no interest whatsoever in what goes on in the City of Milton. • Who wants this in the ordinance? City Attorney Ken Jarrard: • Informal not voted on and direction of the City Council. • I believe it was decided at an official Council work session meeting. City Clerk Jeanette Marchiafava: • Work session minutes are not as detailed. • Will be happy to provide those minutes to you. • Do not know if that was voted on. • Know they did talk about board members being appointed by elected officials. Chair Clint Johnson: • This is more than talking about it. Todd Ashley: • Concurred with Mr. Johnson. • Historically, every complaint last year heard by this Board that carried with it the taint of some sort of politics was unanimously dismissed by this Board. • Whoever on our City Council is wasting my time with this, I would like to know who it is. Carol Lane: • She was at that work session. • Have a different take on this. • Concern was that the past cases had political flavor to them. • Looked at different cities to see what models they have used like City of Atlanta and Roswell. • Different ways to achieve this. • This was just an idea. • Do not see any of this as something that has to be done. • Just a way for Board to give comments and recommendations. • Do not feel that City Council is trying to get rid of us. • It is the ordinance itself not the ethics board members. Chair Clint Johnson: • It states "the previously existing Board of Ethics is hereby abolished" is part of the proposed ordinance. • We can say we are going to remove that portion and Council can do it anyway. ,.s • 1 have a pretty good idea of what they are going to do. Page 9 of 22 Board of Ethics Work Session Monday, February 25, 2008 ® Carol Cookerly: • When is next Council meeting that this could be addressed at? City Attorney Ken Jarrard: • City Clerk states it is not on any current agenda. • City Council can take it up on their own without a recommendation by this Board. • Makes more sense they would want a recommendation if it is to be modifying it. Todd Ashley: • City Council can do whatever they want to do. • This is purely academic. • We need to take this before the next City Council meeting before we spend one more second on it. Chair Clint Johnson: • Is that the motion? Motion and Second: Todd Ashley made a motion to table any revisions until these issues can be brought before City Council for clarification. Seconded by Carol Cookerly. Discussion: Carol Lane: • Until the ordinance is redone and the Board has specific rules, we should table all of this and any complaints from tonight can be forwarded through the state. Chair Clint Johnson: • We are not making a motion like that. • I would not even accept that motion. • They may make a decision that will be regret for the rest of your life. • This is reason we have ethics board to run our own city. Joe Whitley: • When I first read this, I had the same reaction. • Would it be useful for us to share with the City Council a sense of this ethics board on this particular proposal. • Should we get a consensus before we table everything tonight? • Perhaps go before Council and have a discussion about our feelings on this issue. • They had some discussion on this at their meeting. • Is there a message we should send or just vote on purposes of tabling it? • Do not object totally to sending to the state, but feel best served to adjudicate those matters here in the City of Milton. City Clerk Jeanette Marchiafava: • Council discussed the ordinance changes at a work session. Page 10 of 22 Board of Ethics Work Session Monday, February 25, 2008 Chair Clint Johnson: • Motion is still on the floor. • My feeling is to table it, pass it to the Council and say if you really mean to Abolish, which is what adoption of this document would mean, then we request that you vote to abolish the Board. Todd Ashley: • And show 23,000 people that you will back up what you say. Chair Clint Johnson: • If at the next Council meeting they vote to abolish us, I will go back to flying. Carol Lane: • What happens in the meantime if a complaint comes up? City Attorney Ken Jarrard: • I do not believe the Council is going to abolish an existing Board of Ethics without putting something in its place. • Do not believe Council intended to insult this board. Chair Clint Johnson: • It is certainly up to them. '�Nftw Carol Lane: • Would like to continue with making changes. • Things in there I would like to see adopted to help us understand the rules. • Believe it would be beneficial. Chair Clint Johnson: • It may be and we had some of these issues with our last case. • When we were ready to come back and make changes the second time we lost our City Attorney who was in the process of making the changes. • That is reason for being three months into the year. • Need your attorney to help write the ordinance. • Now have new attorneys. • Perhaps we can meet with them and work this out. • For now, I cannot see going forward with making changes to entire ordinance when a portion of it is to abolish the Ethics Board. • It is clear that the intention is to abolish the current board and all the members and create the board in another fashion. • Totally disagree with how you appoint the members of the board. Todd Ashley: • That is just dumb. c Page 11 of 22 Board of Ethics Work Session Monday, February 25, 2008 ® Carol Cookerly: • Perhaps I am not offended by this language because I am new. • It is possible in content of time when this was a discussion point that it was introduced as a discussion point. • Nonetheless some members perceive this as an impasse, what is process to get this back before Council for guidance as to what their intentions are? C City Attorney Ken Jarrard: • Chair could add an addition or modification to the motion to table that is on the floor with addition that the City Attorney or designee of the board go to the City Council and state that "we are not inclined to be the architects of our own demise. " • Suggest that if they would like to submit to the Board a proposed ordinance that does not have our abolishment in it, then we would love to spend the 5, 10 or 15 hours to go through it make a recommendation. Chair Clint Johnson: • Would like to add if they intend to abolish the board, abolish it now before the work gets done. • Be big boys and girls and just do it. City Attorney Ken Jarrard: • Council not going to abolish the Board without something in its place. Chair Clint Johnson: • Just want to know if it came from a Councilmember or not. Todd Ashley: • I would encourage the members of this board to look beginning on page 15, Prohibition Against Certain Conflicting Political Activity, Section 11 that begins at the very bottom of page 15 and goes through 17. • Read that portion aloud. • Believes that is unconstitutional. • The entirety of page 17, 99% of that is most likely unconstitutional. Chair Clint Johnson: • Then I am gone and off of the board. • 1 attended the McCain rally a few days ago. [Board Discussion with City Attorney about Section 11 language]. Carol Cookerly: • Clarified that it said "retains the right." Todd Ashley: • It is on page 17 - It says "shall not take part in or be permitted to do any of the following activities." • Under part (c) on page 17. Page 12 of 22 Board of Ethics Work Session Monday, February 25, 2008 ® City Attorney Ken Jarrard: • Understand your concerns. Carol Lane: • Question about taking active part in a political management? Joe Whitley: • Looking at prohibitive activities, it pretty much forecloses any of us on this current board to continue to be on the board from any political activity of any type. • Perhaps needs to just limit to City of Milton. [Board discussion about political participation of board] Carol Cookerly: • Are we needlessly reinventing the wheel? • There are probably a couple of hundred thousand ethics code out there that we can borrow from the best and move forward. Chair Clint Johnson: • Discussed letter (h) on page 18. • I am an election pole manager. • Difficult to get a pole manager especially in North Fulton. • If this is done, they will lose another pole manager and my wife because she will quit too. • Believes it is non-productive and also illegal to even have that statement in there. • I am very familiar with the pole manager laws. • Have worked in this area for 7 years and read all of the language. • Believe if we signed off on this the way it is currently written, we could be found in violation of federal law by interfering with an election. • If you told me I could not be a pole manager and be on this board, you would be interfering with an election which is a federal offense. Carol Cookerly: • Stated to Chair there was a current motion on the table to go back to Council. City Attorney Ken Jarrard: • When you serve on a board especially on a board with your responsibility, you always have the ability not to serve if that is your choice. • If you chose to serve, then you do abandon some of your rights, but some of them. • You need to be mindful of that, but I hear your concerns loud and clear. Carol Cookerly: • Are these extreme? City Attorney Ken Jarrard: • Do not believe they are extreme and do exist in other jurisdictions right now. • Different boards have difficult proclivities. • Right now there is motion and second on the table to vote on. Page 13 of 22 Board of Ethics Work Session Monday, February 25, 2008 Chair Clint Johnson: • 1 have to be disagreeable again. • Referencing last page, Article VI, Miscellaneous. • This was present for approval and to go ahead with it and then whatever action the Council decided to take. • Believe they wrote this as if they were ready to sign it. • This is not a work session or a draft copy. • Does not have "draft copy" on it. • This is a copy of the new ordinance for our consideration to abolish ourselves and do what somebody wants to do. • Do not care who it is, but they are way out of line, but that does not surprise me. Carol Lane: • Last year's ethics ordinance that was presented to us was not going to come to us for our review. • It finally did and Council did take into consideration our recommendations when they passed it. • Do not feel this is taking over the old ordinance. • In this ordinance there is nothing about education. • Education is a major part of our board. Todd Ashley: • You will notice we are going from 7 to 5 in the new one. • That is absolutely intentional. City Clerk Jeanette Marchiafava: • Asked Chairman if Board had received the CD sent to their houses. • At the work session, the City Council was actually talking about a resolution to rescind the resolution about elected officials going to Boards and Commission meetings and this Board of Ethics recommended that that be taken into consideration. • If you listen to the CD this spun off onto this topic to talk about this Ethics Ordinance. • It really was not on the agenda. • We did send out notice of the March P meeting, but you are welcome to come and address the Council at the March 10`h work session. Chair Clint Johnson: • Something this important was not on the agenda so nobody could make public comment on it? City Clerk Jeanette Marchiafava: • It was their work session. • They could have if anybody would have been there. • Ms. Lane was there until after 11:00 p.m. Carol Lane: • They wanted to address the specific resolution that said you could not attend the meetings and they discussed rescinding it. • At the end, they decided that is what they would do. • Did not do it formally because it was a work session. Page 14 of 22 Board of Ethics Work Session Monday, February 25, 2008 City Clerk Jeanette Marchiafava: • They did ultimately do that at the February 20`'' meeting. • There was some discussion about the actual ethics ordinance. • You could hear this on the CD. Chair Clint Johnson: • Question for the board members. • I was nominated by the guy that beat me in the City Council elections. • Have no bad feelings toward him or anyone else. • Felt privileged to be nominated. • Not a -political appointment. • As far as Milton goes, pretty close to it. • Feel this is a bald -face move by someone to get exactly what they want. • I see it as an illegal document from the ground up. • Was not at a meeting and they tried to push an ordinance through. • It is ready for their signature. • Could take this document and sign it without any input from this board and it is the new law. • So I say just let them do it. • I will then file a lawsuit that says they pushed an ordinance through at a meeting they did not invite comment at. City Attorney Ken Jarrard: • Asked Chairman if he was done with his comments. • Stated he disagreed with him. Chair Clint Johnson: • You are free to disagree with me, but the document is illegal. • Okay, there is a motion and second on the floor. • Asked if there was additional discussion. Todd Ashley: • The motion is to table further discussion of the revisions to Chapter 6, Code of Ethics and Standards of Conduct for the purposes of clarifying the City Council's intent with respect to Article V, Section 1. Chair Clint Johnson: Called the vote on the motion to table and present to City Council. Vote: 6-0. Motion unanimously carried. Chair Clint Johnson: • Since revisions to Chapter 6, Code of Ethics is tabled. • Would entertain a motion to also table discussion on revision to the By -Laws. Motion and Vote: Todd Ashley made a motion to table Agenda Item IV, Discussion on revisions to By - Laws. Seconded by Howard Drobes. Vote: 6-0. Motion unanimously carried. Page 15 of 22 H Board of Ethics Work Session Monday, February 25, 2008 Chair Clint Johnson: • Completion of Annual Report. • Stated to write this and needed input from everyone. • Could not reach everyone. • Supposed to write the Annual Report by December 1 st. • There was a case we did not decide until around Christmas. • Had an on-going complaint and wanted that to be included in the Annual Report. • Now we are ready and that is done. • Discussion about Board's accomplishments including working on By -Laws, hearing of 3 cases and dismissal of one complaint because inaccurately filed. • This is what I would like to write the report on. Joe Whitley: • Want to include that the votes were nearly all unanimous. • The unanimous votes represent the unity of this Board. • Also the Board has spent countless hours, investment of time, and resources. Chair Clint Johnson: • Asked members if there was anything else they would like in the report. • Everybody will sign off on the report before sending it to the City Clerk. • Alternatively, we can wait until the next meeting and vote on it if we are still around. • The report will be short. Joe Whitley: • Perhaps we should get something to Council by way of comment that we all believe this Board in some capacity continue and reflect the board be reflective of the citizens of this city. • Do not know if it is appropriate or not for purposes of a year-end assessment. • Would not be here tonight if I did not feel that being here was important. Chair Clint Johnson: • Believe I can add this in when discussing unanimous dismissal of complaints. Carol Lane • Can it be added to the report that some work needs to be done on the ordinance? • Do not believe the Board is the issue, but how the ordinance is written that is not clear, as well as the procedures. Chair Clint Johnson: • Will go ahead writing it and send it around for approval. • Will entertain a motion that it be done this way. Motion and Vote: Joe Whitley made a motion that the Chair will write the annual report and sent to all Board Members for approval before sending it in. Todd Ashley seconded the motion. Vote: 6-0. Motion IC unanimously carried. Page 16 of 22 N] Board of Ethics Work Session Monday, February 25, 2008 Chair Clint Johnson: • Next item on the agenda is V, report of alleged violation received from Councilmember Thurman. • Agreed that someone may want to put this on under Old Business/New Business. • Problem with it being an alleged violation. • This is not an official complaint. • It can be discussed and investigate it, but it would be improper to move forward without it\ being an official complaint. • We turned down a complaint twice because it was not properly filed. • Do not believe it should be discussed now. Carol Lane: • Agreed with Chair. • Media involvement • Not yet a complaint. • Puts those members in an awkward position that they cannot defend themselves. Todd Ashley: • The Thurman complaint if it goes forward needs to be filed in accordance with the ordinance. • Discussed timing of the letter. • Coincides with Doug Nurse of the AJC's article the next day. • Nobody on this board released information to the AJC that I know of. Chair Clint Johnson: • Feel the same way about VI, report of alleged violation against Councilmember D'Aversa. • Believes this was in response to what she felt was a smearing of her name. • Think she was right in some respect. • Not sure if this was the right way to respond to it. • It was not properly filed as well. • There are some other violations underlying these alleged violations. • One of which is speaking out of school on anything presented to us by the City Clerk before it is released by the City Clerk, which is five days. Todd Ashley: • Which brings up the question how did Doug Nurse get it the next day? Carol Lane: • This was not even a formal complaint. • The complaint filed July 13`h was in the paper Monday, July the 16"i. • A complaint filed with the Ethics Board is similar to a lawsuit. • Discussion about dealing with attorneys and their fees. • It is a very costly situation for the city. • Puts the city in an awkward situation when the complaints are filed and it takes six months to resolve them. • Feel the process needs to be tightened up. Chair Clint Johnson: • Message was sent by the board dismissing all of the cases. Page 17 of 22 Board of Ethics Work Session Monday, February 25, 2008 • Tightened up the frivolous complaint portion of it. Todd Ashley: • And yet they want to abolish us. Carol Lane: • Not just the fact the cases were dismissed, but the fact they were able to proceed. • Who determines whether it is a violation or not. • The City Attorney determines this. • She has a problem with the City Attorney having too much power. • Lengthy discussion about her case and what it cost the city for attorney's fees, her expense for her attorney. • My legal fees were over $12,000.00 over six months. • Not set dates and times. • Problem getting all the members together to meet. • Do not understand how serious this is until you are in this situation. Chair Clint Johnson: • Your own attorney put the case off twice. • Gave him the opportunity to go forward in October. • The ethics board should exist to make a decision on a matter before it gets too far along. Carol Lane: • Not based on the City Attorney's recommendation. • That is the problem. • City Attorney should not have so much power in making this decision. Carol Cookerly: • Asked City Attorney what would be his counsel on having a gatekeeper to decide what moves through the pathway and what does not. • You have experience with other municipalities. City Attorney Ken Jarrard: • The code provides the City Attorney shall provide the board with a preliminary written analysis of the complaint no later than thirty days from the date the complaint is filed. • You may have found that when once you have a copy of the complaint, whatever the complaint is and have also given the alleged offending party the right to submit to you whatever documents that they want to submit to you, that that is the information you need and you are happy with that. • You may not feel you need anyone to give you their opinion as to whether or not some sort of claim has been made under the Ethics Ordinance. • Not sure you have to have a gatekeeper. • You as a board may determine that you have that power among the six or seven of you to make that determination. • No different than a judge deciding if they have jurisdiction over a case or if there is a claim made. Page 18 of 22 Board of Ethics Work Session Monday, February 25, 2008 © Carol Cookerly: • Are you saying whether a complaint has been made or the legitimacy of the complaint? City Attorney Ken Jarrard: • The legitimacy of the complaint. • Once you have received the backup and the other side of the complaint, you may conclude there is no merit to it on its face. • You may be the gatekeeper. Clint Johnson: • In all three complaints, I made an effort to end them right there. Carol Lane: • And that is where the City Attorney stepped in. • When somebody filed a complaint, they reviewed it with the City Attorney. • He gave the go ahead as to whether it was to be filed or not. • That is what happened with my case. • He made the determination before he saw anything else to go ahead. • Based on his decision, he took my deposition alone and took evidence that was never presented to the board. • These are inherent problems with this. • Want people to learn from this situation so it does not happen again. Carol Cookerly: • Is this part of what we want to instruct back to the Council? City Attorney Ken Jarrard: • I think the consensus of the board is to get a threshold question answered and then take some time to think about these other issues. Todd Ashley: • Ms. Lane's points are well -taken. • She takes this job seriously and is always well prepared. • The address that she addresses is not so much the office or the function of the City Attorney as much as it is who the person is. • From what I know of Mr. Jarrard's ability and reputation, he is in the league with Dick Carothers and others in his field. • If he says it is raining outside I do not have to look, but just take my umbrella. • It may have less to do with the function of the office than who is in it. Carol Lane: • What we need to change in the ordinance is the power that we have given to the City Attorney. • Not questioning Mr. Jarrard's capacity as a lawyer, but how much power do you give the City Attorney? • We did not have the power to decide if it was frivolous or not. • Had to wait on the City Attorney's recommendation for 30 days. • Based on that decision is what the board went with. Page 19 of 22 Board of Ethics Work Session Monday, February 25, 2008 Clint Johnson: • The thirty days was in there for a reason. • To get legal assistance from an attorney as to whether we should go forward with it • How far we should go and how to approach it. • That is written into the ordinance. Carol Lane: • It was his opinion. • His remarks were not by law, but personal. Clint Johnson: • Okay, we are off of the agenda. • Going to end this discussion right now. City Attorney Ken Jarrard: • Would like to make a respectful recommendation. • With respect to these items, I believe I heard the board say that you believe the two alleged violations on the agenda were simply not in accord with Section 17 of your ordinance and therefore you are not inclined to consider them. • Are you calling for a motion on that? Chair Clint Johnson: • Will entertain a motion on the alleged violations. Motion and Vote: Clint Johnson made a motion to not consider the two alleged violations on the agenda at this point unless one or both are properly filed. Seconded by Howard Drobes. Vote: 6-0. Motion unanimously carried. City Attorney Ken Jarrard: • Did the board modify its agenda at the beginning of the meeting to set a date certain for the next meeting? Chair Clint Johnson: • We need a motion to add Old Business/New Business before adjournment. Motion and Vote: Todd Ashley made a motion to add Old Business/New Business to the Agenda prior to Adjournment. Seconded by Carol Cookerly. Vote: 6-0. Motion unanimously carried. OLD AND NEW BUSINESS Chair Clint Johnson: • Opened discussion for next board meeting time. • Asked when he could speak with Council. City Attorney Ken Jarrard: • March 10th. Page 20 of 22 Board of Ethics Work Session Monday, February 25, 2008 City Clerk Jeanette Marchiafava: • Yes sir, March 10th. • It is a work session. Todd Ashley: • We may not need another meeting date. Chair Clint Johnson: • That is why I was not going to set it until after March 10th. Carol Cookerly: • Inquired as to whether all meetings are at night. • Travel a good bit as well. • Mondays work for her. Chair Clint Johnson: • Most members have fulltime jobs and several travel. • The City Clerk tries very hard to get everyone together. City Clerk Jeanette Marchiafava: • Fourth Monday of the month because Is', 2nd and 3rd is now City Council. • It would have to be the 4th Monday of the month. [Board discussion about possible meeting times and places]. Chair Clint Johnson: • Fourth Monday in March would be the 24th at 6:00 p.m. • Gives me the opportunity to see if Councilmember Thurman wants to nominate someone. • We can then nominate a Chairman and Vice Chairman and have seven people to vote. • Any other old or new business? Todd Ashley: • Would like to say welcome and thank you to our two new members, Ms. Cookerly and Mr. Drobes and also to Mr. Jarrard for being here and putting up with us. Howard Drobes: • Did not see anything in the proposed ordinance regarding "whistleblower" protection. • Perhaps that should be in there for the protection of the employees. • Afraid for their own job security if they see any unethical actions for fear of losing their jobs. • My background before was accounting. • Does the city have internal auditors or compliance officers? City Attorney Jeanette Marchiafava: • Do not know the answer to that. • I would think that would be the responsibility of the City Treasurer, but right now I do not know if that is in their purview. Page 21 of 22 Board of Ethics Work Session Monday, February 25, 2008 Chair Clint Johnson: • In addition to the whistleblower question, I did not see anything about the confidentiality of complaints. • Complaints can be a very dangerous thing. • Somebody might decide to dismiss it out of hand on the board, but it is in the news so the damage is done to the individual. • In the letter from Councilmember D'Aversa, she demanded that everything that does through the board come straight to her. • That is a violation of our ordinance. • We need to also tighten the ordinance up regarding confidentiality as well. • The board can then do a lot and when it is said and done they can report out or chose not to report out if they felt it was a scandalous complaint. • This saves both sides. Carol Lane: • Do not know how board can control even confidential complaints getting to reporters. • This is what has been happening. • Calling a reporter before the five days is up in and of itself is an ethics violation. Todd Ashley: • Or encouraging a third party to call a reporter. to", Chair Clint Johnson: �r • That is correct. • If somebody in the city or a city official did it, they are in violation of the ethics ordinance. • Reporters sources are confidential. • Any additional new or old business? There was none. ADJOURNMENT Chair Clint Johnson: • Called for a motion to adjourn. Motion and Vote: Clint Johnson moved to adjourn the meeting. Todd Ashley seconded the motion. There was no further discussion. Vote: 6-0. Motion unanimously carried to adjourn meeting. The meeting adjourned at 8:01 PM. Date Approved: yZ City Clerk's ottice Ao� Clint Johnson, ChaiyKan Board of Ethics Page 22 of 22