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HomeMy WebLinkAboutMinutes - BoE - 07/21/2008' City of Milton Board of Ethics Work Session Monday, July 21, 2008, 6:0o 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 Work Session proceedings. Official Meetings are audio recorded. AGENDA I. Call to Order — Chairman Todd Ashley II. Approval of the June 18, 2008 Work Session minutes. III. Discussion on revisions to Chapter 6, Code of Ethics and Standards of Conduct. IV. Old Business V. New Business VI. Next Meeting Date VII. Adjourn 01W MEETING CALLED TO ORDER Chair Todd Ashley: Called the Board of Ethics Work Session meeting to order for Monday, July 21, 20o8 at 6:07 PM. ROLL CALL: Todd Ashley, Chair Carol Lane, Vice Chair Clint Johnson Howard Drobes Kristin White Joe Whitley Not Present: Carol Cookerly City Staff: Paul Frickey, City Attorney's Office Francesca Ivie, City Clerk's Office APPROVAL OF THE MINUTES Todd Ashley noted one change to the minutes. Milton Board of Ethics Work Session Minutes July 21, 2oo8 Meeting Page 2 Chair Todd Ashley: • Called for approval of the June 18, 20o8 meeting minutes with the correction. There was no discussion. Vote was unanimous to approve the June 2oo8 minutes. Chair Todd Ashley: • Called the next agenda item, Item III, Discussion on revisions to Chapter 6, Code of Ethics and Standards of Conduct. Attorney Paul Frickey: • Provided Board Members the latest version of the Ordinance. • Provided Board Members with Version 1, 2 and 3 regarding how complaints were to be handled. Chair Todd Ashley: • Opened floor for discussion. Clint Johnson: • Page one, suggested changing ITS in the preamble paragraph to BOARD. Carol Lane: • Page one, suggested changing INVESTIGATION to DISPOSITION. Howard Drobes: • Page two, grammar change in second sentence of Whereas paragraph ...so as to not instead of so as not to. [No changes to draft ordinance on pages 3-91 Board discussion starting on page 9 and continuing on page io, Section Nine, Political Recrimination and Activity, (3), Solicitation of contributions. Carol Lane: • Questioned whether a Board member could be involved in a campaign for an elected official. Chair Todd Ashley: • Stated as long as they do not solicit, accept or receive political contributions from any candidate running for a position in the City of Milton. Board decided after brief discussion on this topic Section Nine (3) was okay. 2 Milton Board of Ethics Work Session Minutes July 21, 2008 Meeting Page 3 [No changes to draft ordinance on pages 11 -131 - Board discussion on page 14, Section Five, Organization and Internal Operating Regulations, (D). After brief discussion, it was decided Section Nine (D) was okay. Suggestion: Perhaps the City could come up with an approved attorney list in the event of conflict with our acting city attorneys. [No changes to draft ordinance on pages 15, 16]. Board discussion on page 17, Section Twelve (B), Complaints. After brief discussion, it was decided in the second paragraph to add: ...payment of costs and attorney's fees associated with the hand, processing and defense of the complaint. Board discussion on page 17, Section Twelve (D), Complaints. After brief discussion, it was decided that: Any reference in (D) and (E) of written notification shall be by certified mail, return receipt requested. Also in (E), ...the City Clerk shall immediately forward the complaint by certified mail. Board discussion on page 18 Section Twelve, Complaints. Board had been provided with Version One, Version Two and Version Three to implement in this section. Chair Todd Ashley: • Polled the board members about which version they believed they thought was the best to use. • It was unanimous for Version One. Carol Lane: Raised question regarding Section Twelve (H), Complaints about the time periods for responding to Complaints and how long before holding a hearing. Stated all members did not need to be present as long as there is (4) members for a quorum. Said there are 3o days between the time the person receives the complaint and 3o days to respond. 3 Milton Board of Ethics Work Session Minutes July 21, 2008 Meeting Page 4 • Her concern was about not having a time period specified for how long until the hearing would be set. Attorney Paul Frickey: • Stated the way it is set up now was to give the Board maximum flexibility if they need to go outside of a time period because of holidays or other reasons. Mr. Frickey said it states that notice of the hearing has to go out within the 6o days. The hearing can take place whenever down the line after that. Told the Board they could set a time if they wanted to. Carol Lane: • Thought things would move along more quickly if there was a definite timeline. Kristin White: • Asked Ms. Lane if she was concerned that it would be unfair to the parties by not knowing a set deadline. Carol Lane: • Just that the Board should have a time period if they decide to go forward as soon as possible so it is not put off for a long period due to scheduling of everyone involved. • She just did not want it to drag on. Howard Drobes: • Believed that Version Two and Three was not effective at all. Chair Todd Ashley: • Polled the Board that everyone was okay with Version One and not Versions Two and Three. Board unanimously agreed on Version One. Chair Todd Ashley: • Asked Ms. Lane if after the discussion was she okay with leaving (H) as it was. Carol Lane: • Stated she accepted it. • Said if it were to drag on the expense would be to the person who was complained against. rd Milton Board of Ethics Work Session Minutes July 21, 2oo8 Meeting Page 5 Board discussion on page 19 and 2o, Section Twelve, Complaints, (I) and W Subpoenas. Carol Lane: • Questioned in (J) the "superior court" language, stating the Board is not the superior court. Paul Fri&k—. • Advised the Board that the subpoena language is in the ordinance because the parties have to request a subpoena from the Board. • Board has the power to command people to come before them. • It is their request, but the Board does not consider whether it is a good idea or not. Todd Ashley: • They just get a blank subpoena from us and they write in the name and service address and return a return a service to it. • We just hand out the blank subpoenas. Carol lane: • Stated her concern was they just do not need to get into any "investigating." After lengthy Board discussion, it was agreed to leave the Subpoena portion the way it is currently written. Carol Lane: • Questioned the portion in the first sentence of Section Twelve, Complaints, (I), ...written findings of fact and conclusions of law. • Who would write the findings of fact and conclusions of law? • Asked if it would have to be an attorney. Attorney Paul Frickey: • Advised the Board that anyone can write it, but it is written in accordance with the opinion of the Board based on the Board's vote. • He stated that they could draft it for the Board's review and approval to edit, as long as the instruction was the majority decision of the Board. 5 Milton Board of Ethics Work Session Minutes July 21, 2008 Meeting Page 6 Clint Johnson: • Said the Board would just want to make sure it would be iron clad. Todd Ashley: • Stated clear and convincing is what the Board says it is, like with a jury. • Said it is what the trier of the facts says it is. • Mr. Ashley said he was okay with leaving it undefined. Joe Whitley: • Stated preponderance of evidence would be the civil standard. • Said he was more of a preponderance person. • Mr. Whitley said he would agree with raising the standard to clear and convincing. • Stated it is subjective and will always be subjective. Kristin White: Stated in same paragraph (K), the Board at their last meeting had discussed the discussed the definition of clear and convincing. Asked Board what their feeling where in on leaving in clear and convincing and also whether they wanted to add a definition. Kristin White: • Stated she would read the definition from Black's Law Dictionary: Clear and convincing is evidence indicating that the thing to be proved is higher probable or reasonably certain. There is a greater burden than preponderance of the evidence, the standard that applies to most civil cases and less than the evidence beyond a reasonable doubt. Todd Ashley: • Stated he did not believe it should be put in the ordinance. Carol Lane: • Stated she had a couple of comments from a previous Board member. • Asked where the Board should they go after the new Ordinance is completed. • The Ordinance should minimize violations. • The Ordinance could mirror the State Ethics Board. • Objective is to make it harder to file a complaint. 0 Milton Board of Ethics Work Session Minutes July 21, 2008 Meeting Page '7 Kristin White: • Said maybe not more difficult to file a complaint but more difficult to be successful. Joe Whitley: • Stated he believed the Board had done what they needed to do. Chair Todd Ashley: • Stated clear and convincing evidence is that quantum of proof that satisfies the rationale reasonable inquiries of a person of ordinary intelligence. Clint Johnson: • Stated clear and convincing evidence is okay for the Board because the matter will probably be passed if it is anything that is really serious. Chair Todd Ashley: • Took an inventory on where they were in the Ordinance. • Stated they had reached the end of the most recent proposed Ordinance. • Said everyone had agreed that Version One was what they were going with. • He said regarding (H), the city attorneys will fix the language regarding certified mail, return receipt requested and shall be in writing. After board discussion, it was decided that pages 22 -end of the Ordinance were good. Chair Todd Ashley: • Recommended they now take the Boards changes back with Mr. Frickey and have them another month to make the remainder of the changes. Said when the Board meets again in August, the Board can vote on approving the Ordinance and be prepared at a September Council meeting to give a nutshell version for City Council. Attorney Paul Frickey • Stated they would be voting to approve presenting to Council to be adopted. Chair Todd Ashley: • Asked the Board to look at their calendars for possible August meeting dates. Board took some time to look at their calendars. 7 Milton Board of Ethics Work Session Minutes July 21, 2008 Meeting Page 8 Joe Whitley: • Stated Mondays work best for him because of his flying schedule. Dates proposed were August ju and August 18. Chair Todd Ashley: • Asked if the Board thought they needed a PowerPoint when they present the Ordinance to City Council. • It would need to be presented timely to get on their Agenda. It was decided not to use a PowerPoint, but just provide a brief synopsis. Clint Johnson: • It would have to be on their Work Session Agenda in September before they could vote on it. Kristin White: • Stated she remembered there were some questions about involvement in campaigns and that Councilmembers wanted this Ordinance before the elections. Todd Ashley: • Called the next agenda item, Old Business. OLD BUSINESS: There was no old business. Todd Ashley: • Called the next agenda item, New Business. NEW BUSINESS: Carol Lane: • Stated there were two things, (1) drafting of By-laws and (2) drafting of a complaint form. • She stated she had copies of forms used in other jurisdictions. Todd Ashley: • Asked Ms. Lane to circulate what information she had to the Board via email for their review and that could be address at their August lith meeting. Milton Board of Ethics Work Session Minutes July 21, 2008 Meeting Page 9 Howard Drobes: • Stated he recalled at the last work session, it was decided that Ms. Lane would draft up a form to use for complaints. • He stated the form was just supposed to have 4 or 5 items like the name of the complainant, stating the charge or violation, a notarization provision, etc. Todd Ashley: • Asked Attorney Paul Frickey if the Board needed By-laws. Asked if the Board would be safe without By-laws. Reminded the Board of the problems they had with the inconsistencies in the Ordinance and the By-laws. Attorney Paul Frickey: • Stated he generally recommended them, but this Ordinance does cover a lot of the Board's purview and duties. • He stated the Board could be operated without By-laws. Todd Ashley: • Stated if the attorney felt the By-laws were not a requirement based on the content of the Ordinance as rewritten, he would be okay with that. • He said the less the better and do not let perfect be the enemy of good. Joe Whitley: • Asked attorney Paul Frickey how he felt about preparing just some very brief By-laws to cover just some very minimum items. Todd Ashley: • Asked attorney Paul Frickey if his firm had a form they could adopt for the City of Milton that would accomplish Mr. Whitley's request. Attorney Paul Frickey: • Stated they had many, but it would depend on what the Board wanted them to include. Joe Whitley: • Stated duties of the member, duties of the chair and vice chair, attendance of meeting, missing meetings, state laws and things of that nature. • Said he was also okay with not having any By-laws. 0 Milton Board of Ethics Work Session Minutes July 21, 2008 Meeting Page io Attorney Paul Frickey: • Stated the significant things to keep you from getting into trouble are covered in the Ordinance as to the operation of the Board. Clint Johnson: • Stated they worked hard to have the Ordinance be complete and thorough and did not feel that they should have anything else to make it less simplified. Todd Ashley: • Stated at their next meeting they should perhaps talk about some proposed By-laws and consider the necessity of the By-laws. • Perhaps have some samples to look at from the attorney. Clint Johnson: • Stated one item that should be in the By-laws if they do decide to have By- laws is missing meetings. NEXT MEETING DATE Todd Ashley: • Asked if the Board had all agreed on August lith at 6:0o p.m. for those members that could attend. Kristin White: • Said after checking her schedule, August 11 she would be out of town. Todd Ashley: • Asked the Board about August 18th. Joe Whitley: • Stated that would give him a little more time to maneuver his calendar. It was decided the Board would meet on Monday, August 18, 2008 at 6:0o p.m. Todd Ashley: • Called the last agenda item, Adjournment. ADJOURNMENT: Motion and Second: Clint Johnson made a motion to adjourn. Seconded by Carol Lane. There was no discussion. Vote: 6-0. Motion unanimously carried. 10 E C C Milton Board of Ethics Work Session Minutes July 21, 20o8 Meeting Page 11 After no further business, the Ethics Board Work Session meeting adjourned at 7:30 pm. Date Approved: 1Y J -ove i sca Ivie Todd Ashley, Chairman Clerk's office Board of Ethics 11