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HomeMy WebLinkAboutMinutes - BoE - 03/24/2008® City of Milton Board of Ethics Work Session Monday, March 24, 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 an 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- Angie Davis, City Attorney AGENDA I. Call to Order — Chairman Clint Johnson II. Election of Chairman and Vice Chairman III. Approval of the February 25, 2008 Work Session minutes. IV. Review of pending letters. V. Discussion on revisions to Chapter 6, Code of Ethics and Standard of Conduct. VI. Old Business VII. New Business VIII. Next Meeting Date IX. Adjourn MEETING CALLED TO ORDER Chair Clint Johnson: • Called the Board of Ethics Work Session to order for March 24, 2008 at 6:00 PM. • Discussion about updating contact information for board members, legal counsel and staff. DISCUSSION OF AGENDA ITEM IV, PENDING LETTERS Howard Drobes: • Stated he believed the letters had been dealt with at the last meeting. • Thought that they had decided they were not going to do anything regarding them because they were not properly filed (read from previous meeting minutes the motion and vote on this item). Page 1 of 10 101 C Board of Ethics Work Session Monday, March 24, 2008 Clint Johnson: • Advised they were tabled and were on the Agenda to reconsider and conclude what the Board should address them. • Stated they should be discussed so that they could respond to the correspondence from the individual Councilmembers that the Board had received in an appropriate fashion. • Stated the ordinance requires the Board to investigate the matter and felt Board needed to reconsider them to respond to the individual Councilmembers. Clint Johnson: • Called the first item of business, Election of Chairman and Vice Chairman. • Wants to discuss possibility of changing the Chairman and Vice Chairman terms to April instead of January because of writing of the Annual Report. Todd Ashley: • Stated the idea of keeping them in January is so the designees do not remain on the Board six months after the elected official. • Needs to be in concert with when the newly elected officials take office. Board Discussion about changing term of office times. Todd Ashley: • Volunteered to be the new Chairman. Carol Lane: • Volunteered to be the Vice Chairman. Howard Drobes: • Made a motion. Motion and Second: Howard Drobes moved to accept Todd Ashley's nomination of himself for Chair and Carol Lane's nomination of herself for Vice -Chair. Joe Whitley seconded the motion. There was no further discussion. Vote: 6-0. Motion unanimously carried to accept the nominations. Joe Whitley: • Thanked Mr. Johnson for his chairmanship under difficult and challenging circumstances. Howard Drobes: • Reminded incoming Chair date for the Annual Report will be due first meeting in December. Page 2 of 10 Board of Ethics Work Session Monday, March 24, 2008 ® APPROVAL OF THE MINUTES Chair Todd Ashley: • Need to approve the February 25, 2008 meeting minutes. There were no changes or additions and no further comment. Motion and Second: Carol Cookerly moved to approve the minutes. Clint Johnson seconded the motion. Vote: 6-0. Motion unanimously carried and minutes were approved. Chair Todd Ashley: • Review of Item IV, Review of Letters. • Queried Board as to their feelings about discussing them. Carol Lane: • Stated in accordance with the ordinance and all the emails that went from the city attorney regarding addressing the issue proposed by Councilmember Thurman, she believed the matter was resolved on February 25th. • She said there was no formal violation filed. • The Board is currently working on the new Ethics Ordinance. • Did not see need to address it now. Howard Drobes: • Board had been made aware of a possible ethics violation of which it is our responsibility to address whether or not a file complaint was lodged. • Stated the Board still had duty to investigate it. • Under the existing ordinance there is a part that talks about members of a city board or elected officials taking ads out using their titles. Angie Davis: • Told Board that provision occurred on page 11, subparagraph (e). • Stated she believed that was the basis for the allegation. • Read aloud no public servant shall use his or her official authority or position... • Said it was actually on page 12, Section 11, subparagraph (e). Joe Whitley: • Asked if Board could dismiss a complaint as being inadequate or insufficient based on there was no affidavit attached to the letter stating the alleged violation. Carol Cookerly: • Told the Board that she remembered both writers stated they were not formal complaints, but just for informational purposes. Page 3 of 10 Board of Ethics Work Session Monday, March 24, 2008 Board Discussion about receipt of complaints and how to handle them, referencing certain portions of the ordinance. Chair Todd Ashley: • Stated he believed Section (e) would be unconstitutional as a refrain on free speech. Deferred to Angie Davis. City Attorney Angie Davis: • Read from ordinance. No public servant shall use his or her official authority or position to influence or interfere with or affect the results of any election, nor to solicit or receive contributions from City employees in connection with any City election. • Stated she believed literally as it is written it is not unconstitutional, but thought it could be applied unconstitutionally. • Have to distinguish using official authority or title and going out and doing things as if representing the City. She stated she thought that this is what it seeks to prevent and that is what she believed is the problem. • She said if you as a "citizen" want to go out and stand out on a corner and not wearing your title on your head, then under this she believed you could still do. The problem is when it is linked to "official capacity." Lengthy Board Discussion with City Attorney about this ordinance section and the different interpretations and vagueness of certain portions. Chair Todd Ashley: • Stated he did not think further review is warranted. • Not a big fan of that section of the ordinance. • If an elected official wants to say I am city councilmember Joe Q Public and I want you to support candidate X for office, he or she is putting their political neck on the line. • Believed that language should be stricken entirely as long as no city equipment or vehicles were being used. City Attorney Angie Davis: • Stated the document can be written anyway they want to and make it better. Clint Johnson: • Said other complaints were dismissed because they were not properly filed. • In each of those instances, complainants had opportunity to refile the complaints properly. Clint Johnson: • Believed the Board is bound to answer the letters addressed to the Board. Joe Whitley: • Asked if they should consider this at their next official meeting. • Advocated writing back to writers of the letters stating that the Board chose to dismiss the action and if they wanted to refile, advise them of the process. Page 4 of 10 Board of Ethics Work Session Monday, March 24, 2008 ® Carol Lane: • Asked we have to formally respond to someone else who writes emails or calls the Board about a possible violation. A Joe Whitley: • Perhaps Board could come up with a standard letter to respond to the matters that are not done in the form of an appropriately filed complaint. Chair Todd Ashley: • Stated as the Chair that would be his responsibility to prepare a letter and indicate, paraphrasing, that after consideration of the letters, no further action would be taken. Carol Cookerly: • Personally thought they should give them their words back and say as they did, this is not intended as a complaint - and say, pursuant to your letter, in which you stated and we agreed was not intended as a complaint, we are not pursuing this matter as a complaint based on those facts. • They then would be put to the test on whether they want to file. Chair Todd Ashley: • Made a motion that he would respond to the two councilmembers via email and copy everyone at the meeting this evening including the City Clerk. Carol Lane seconded the motion. Vote: 6-0. Motion unanimously carried. Chair Todd Ashley: • Read next agenda item, V., Discussion of revisions to Chapter 6, Code of Ethics and Standard of Conduct. Carol Lane: • Stated the Board should look at the City of Milton Ethics Ordinance they received on February 25th to start with. • Stated she believed it would be the better document and removing the section about abolishing the current Ethics Board. • Stated she had done quite a bit of research and went through the document making suggestions and possible changes and additions. • Looked at different municipalities and incorporated some of that language. Todd Ashley: • Acknowledged that Carol Lane had put consideration time and effort into reviewing what he called the "Jarrard & Davis" ordinance. Page 5 of 10 Board of Ethics Work Session Monday, March 24, 2008 Carol Lane: • Stated she did it on her computer and did not delete anything but marked through and put in redline the things she thought were beneficial. Board commenced reviewing first 3 pages and then it was decided that it was going to take to long going page by page. Board discussion about how they were planning to present to Mayor and Council the new ordinance suggestions. Todd Ashley: • Stated basically what he heard from council was bring us back a clean ordinance - whatever you want to do. Clint Johnson: • Got the general feeling that they wanted the board to bring back as complete of an ordinance as we could. Carol Lane: • Stated she wanted to make a motion that the board adopts this new ordinance tonight with the revisions she wrote out taking out the board abolishment provision and the prohibitive political activities and passing it on to city council for their approval. • Also being able to go back through and revising it. • Her concern if they get a complaint tomorrow, they have to use the one they are currently operating under and it is not a good ordinance for the city. • Concerned about length of time it would take to go through entire ordinance this evening. • Too much time before council can review it. • Also included ways in which a board could be selected from other jurisdictions. Carol Cookerly: • Asked if the Board could all be furnished with a copy of Carol Lane's document with her proposed changes via email and they could all read through it and make suggested changes. City Attorney Angie Davis: • Stated after the Board gets the revised copy from Carol Lane, they could start working through it and email the changes. • Not conversing about it, but just indicate the changes and she could put together a working document. Todd Ashley: • Stated the Board would continue to discuss the ordinance using her document and told Mrs. Lane she needed to leave to attend her son's confirmation. Page 6 of io Board of Ethics Work Session Monday, March 24, 2008 Joe Whitley: • Called for a short 5 minute recess at 7:00 p.m. Meeting reconvened at 7:10 p.m. Carol Lane: • Left the meeting for son's confirmation at 7:12 p.m. • Left her redlined copy of the ordinance with the new Chair Todd Ashley. Chair Todd Ashley: • Announced a quorum was present and that Ms. Ivie and Ms. Davis were still in attendance. • Said to make the most efficient use of everyone's time this evening asked Board if they had any thoughts on how they should proceed to be effective, as they only had Ms. Lane's copy. Lengthy Board discussion reading through document and the "Whereas" clauses. There was consideration discussion with different recollections of the changes and how it should be changed. Also discussion about the meaning of a "contractor." City Attorney Angie Davis: • Thought the contractor portion should read, including, but not limited to, those individuals who staff positions in the City of Milton government. City Attorney Angie Davis: • Stated that in the interest of time, they can go through page by page and every word, but if the board just says to her we just need to get CH2MHi11 out and make it work, then she said she will do that. Todd Ashley: • Said the changes were numerous and he would say at least more than fifty. City Attorney Angie Davis: • Her concern is that everyone is having trouble verbally hearing the changes and trying to understand it. Todd Ashley: • Agreed that the City Attorney had a very good point. • Board needs to point out where things need to be changed and let the lawyers come up with the clear language that expresses the intent. Page 7 of 10 Board of Ethics Work Session Monday, March 24, 2008 City Attorney Angie Davis: • Stated she would take Ms. Lane's draft of the ordinance or she could email it to her. • Asked Board if they wanted to go line by line or receive the copy and everyone read it and say whether they agree with Carol's said, or make their own revisions. Chair Todd Ashley: • Stated that is what he originally thought the Board should do. • They had only gone through 3 pages and there were 28 pages. City Attorney Angie Davis: • Advised Board she was happy to do it either way. • Wanted to make the suggestion. • Stated she did not mind doing the bulk of the work and the Board could let her know what they do not accept in her changes. • Could possible reduce the amount of discussion. Joe Whitley: • Said don't let perfect be the enemy of good. Carol Cookerly: • Stated she was fairly new to this and felt she would rather be able to read through the tracked changes and have some time to study it and perhaps then discuss after the Board had an opportunity to go through it and contribute their changes. Chair Todd Ashley: • Stated it was 7:30 p.m. and wanted they could propose language following along with Carol's draft or they could go with receiving Carol's emailed draft and reviewing making our own individual changes and/or suggestions. City Attorney Angie Davis: • Suggested the board could make their lists of what they do not agree with or what they would like to add or change and then they can come back with a set list of maybe 5-10 items versus go through every word. • Those could be emailed to her and she can compile a list. • Said she could put together a working document. Joe Whitley: • Inquired about possible having it in a PowerPoint document so they could review at their next meeting on a visual. Carol Cookerly: • Asked if Angie Davis could take their changes and send the working document back to the Board so they could study and be prepared for the meeting. Page 8 of io Board of Ethics Work Session Monday, March 24, 2008 © City Attorney Angie Davis: • Stated she could and that it would largely form their agenda. N Chair Todd Ashley: • Stated he would make a motion. Motion and Second: Todd Ashley moved to table discussion on the revisions to Chapter 6, Code of Ethics and Standard of Conduct pending receipt of Ms. Lane's marked -up copy which the board could all make their comments after reviewing on their own time and email the proposed changes to Ms. Davis and revisit the issue at their next meeting. Clint Johnson seconded the motion. Vote: 6-0. Motion unanimously passed. Chair Todd Ashley: • Called the next agenda item, Old Business. There was none. Chair Todd Ashley: • Called the next agenda item, New Business. There was none. Chair Todd Ashley: • Called the next agenda item, Next Meeting Date. Chair Todd Ashley: • Proposed the 21st or 28th of April. Discussion of what type of meeting it would be, regular or work session. Carol Cookerly: • Asked the City Attorney how long it would take her after she received all of their comments and if she had them in a few days to compile a working document. City Attorney Angie Davis: • Stated a week or so and that 2 weeks would be great. Clint Johnson and Howard Drobes indicated middle of April would not be good for them because of their being in the tax business. Chair Todd Ashley: • Proposed April 28th to Board to be confirmed via email after everyone had opportunity to review their calendars. Page 9 of io f Board of Ethics Work Session Monday, March 24, 2008 Clint Johnson: • Usually lets the City Clerk send out some dates and then emails everyone to confirm a date everyone can attend. Chair Todd Ashley: • Reiterated he would be responded to the two councilmembers and the Board will be discussing Ms. Lane's revisions to the Code of Ethics when they receive Ms. Lane's marked up copy. • Will be proposing April 21 and April 28th as new meeting dates. ADJOURNMENT Motion and Vote: Howard Drobes moved to adjourn the meeting. Clint Johnson seconded the motion. There was no further discussion. Vote: 6-0. Motion unanimously carried to adjourn meeting. The meeting adjourned at 7:40 PM. Date Approved: oZ dy Francesca Ivie— City Clerk's office 7 Todd Ashley, Chairman Board of Ethics Page io of io