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MINUTES 1 BOARD of ETHICS 2 July 31, 2018 3 4 5 After

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MINUTES 1 BOARD of ETHICS 2 July 31, 2018 3 4 5 After 1 MINUTES 2 BOARD OF ETHICS 3 July 31, 2018 4 5 6 After determining that a quorum was present, the City of Denton Board of Ethics of the City of Denton, 7 Texas convened in a meeting on Tuesday, July 31, 2018 at 6:00 p.m. in the City Council Work Session 8 Room, 215 E. McKinney Street, Denton, Texas at which time the following items were considered: 9 10 Present: Don Cartwright, Deborah Cosimo, Jesse Davis, Kara Engstrom, Ron Johnson, Karen 11 McDaniels, Lara Tomlin, David Zoltner, 12 13 Absent: Ben Clark, Sandy Kristoferson. 14 15 Staff: Larry Collister, Trey Lansford, Todd Hileman, Bryan Langley, Sarah Kuechler, Charlie 16 Rosendahl, Jennifer Walters, Kelly Campbell 17 18 Special Speaker: Alan Bojorquez, Attorney 19 20 Regular Meeting 21 22 23 1. Items for Consideration 24 25 A. City Secretary, Jennifer Walters, called the meeting to order at 6:03pm. Election of a temporary 26 presiding officer. Jennifer Walters opened the floor to nominations for the temporary presiding chairperson. 27 Jesse Davis nominated Ron Johnson. Ron Johnson nominated David Zoltner. Jesse Davis motioned to 28 close the nomination, Karen McDaniels seconded the motion. Five ayes were received by hand vote for 29 Ron Johnson. As this was a majority vote of the members present, the voting ended and Ron Johnson was 30 elected temporary presiding chairperson. 31 32 Presiding officer elected: Ron Johnson (by a vote of 5) 33 34 B. Oath of Office conducted by Kelly Campbell, along with City of Denton Affirmation of Qualifications. 35 36 C. Receive nominations and hold an election of a chairperson and vice-chairperson for the Board of Ethics 37 of the City of Denton, Texas. 38 39 Ron Johnson, Temporary Presiding Chairperson: I will open the floor for nominations for chairperson 40 and vice-chairperson. Before that, how would you like to vote, written ballet or orally? 41 Jesse Davis: I suggest to take the nominations sequentially to keep it orderly. I nominate Mr. Johnson 42 be the permanent chair. 43 44 David Zoltner: That was my suggestion as well. 45 46 Karen McDaniels: I nominate Mr. Zoltner. 47 48 RJohnson: Anyone else? Anymore nominations? 49 No response 50 51 RJohnson: Ok, in all honesty, I’m elated that you would put your confidence into someone you do not 52 know, but my schedule would not handle being chair of this committee. The variances of my 53 working schedule that could adversely impact being the chair. 1 2 Lara Tomlin: Could we open nominations then? 3 4 RJohnson: they are not closed 5 6 LTomlin: Ok, then I’d like to nominate Jesse Davis 7 8 RJohnson: Anymore nominations? Ok then nominations are closed. All in favor of Mr. Zoltner, 9 indicate by raising your right hands. (3 hands) Ok, all in favor of Mr. Davis? (3 hands) Do I have 10 3 or 4? 11 12 JDavis: I did not cast a vote, I didn’t expect a tie, so I will vote for myself. 13 14 RJohnson: Ok, it is unanimous, Mr. Davis will be the new chairperson. And with that, he will inherit 15 the election of the vice-chairperson. 16 17 JDavis: Stupendous. 18 19 Jesse Davis, Chairperson of the Board of Ethics for the City of Denton, Texas 20 21 JDavis: Thank you, Mr. Johnson. At this time, I will open up the floor for nominations for the position 22 of vice-chairperson for the Board of Ethics. Is there any nominations for the position of vice- 23 chairperson? 24 25 KMcDaniels: I would like to nominate Dr. Zoltner as vice-chairperson. 26 27 JDavis: Nomination for Dr. Zoltner. Any other nominations for vice-chairperson? Is there a motion 28 to close nominations? 29 30 RJohnson: I so move. 31 32 JDavis: Is there a second to close nominations? 33 34 LTomlin: I second 35 36 JDavis: All those in favor of closing motions? 37 All ayes. 38 39 JDavis: All those in favor of electing Dr. David Zoltner as vice-chairperson of the Board of Ethics 40 please signify by saying “aye.” 41 All ayes 42 43 JDavis: Any opposed? 44 No response 45 46 JDavis: Dr. Zoltner you are the vice-chairperson. I think our next item of business is to draw straws. 47 That’s item D. on the agenda. Is there a prescribed method in which we should draw straws? 48 49 D. Draw straws to determine which three (3) members shall receive an initial term of one (1) year in order 50 to stagger terms. 51 52 Charlie Rosendahl: Hi, good evening. I’m Charlie Rosendahl, a management analyst with the City of 53 Denton. Per the ordinance, we will draw straws to determine which of the three members will have one 1 year terms, the three of seven, only limited to regular members. We have not described, Ms. Cosimo, 2 what the alternate numbers procedures will be so I have four long straws and three short straws in my 3 hand here and I’ll walk around to each of you and you’ll draw straws. 4 5 JDavis: In the traditional way. 6 7 CRosendahl: Mr. Davis, Ms. Tomlin and Mr. Zoltner for one year terms to begin. 8 9 JDavis: And you said, Davis, Tomlin and Zoltner? 10 11 CRosendahl: Yes, sir. 12 13 DZoltner: I have a question about that before we move on if possible. For those of us with a one year 14 initial term, do the nominations go back to the original council member or do we trust the next council 15 member next year that may have other plans and not know any of us? 16 Bryan Langley: I’m Bryan Langley, Assistant City Manager. It would go back to the full council. They 17 would receive the nominations and make the appointments. Though the individual city council 18 members have made the nominations to the Board of Ethics, but the full council does them. So it would 19 go back to the original council member that made the nominations? 20 21 BLangley: They would have the nomination, but there could be other nominations that are made as well. 22 23 DZoltner: But it would not necessarily go back to a different council member for those three of us… 24 25 BLangley: There could be multiple nominations for three seats, you could have five nominations, for 26 example, and then council would vote to make the appointments to the Board. Certainly the member 27 that nominated you, if they were still on council, they could make that nomination again, but there could 28 be nominations from other council members as well. 29 30 DZoltner: But at least the council member that nominated these three would have another opportunity 31 to re-up that same individual? 32 33 BLangley: If they are still on the council, yes. 34 35 DZoltner: If they are still on the council, well, true. Ok, thank you. 36 37 JDavis: Any other questions on Item D., drawing of straws? Item E., receive training from attorney 38 Alan… you’ll have to help me out. 39 40 E. Receive training from attorney Alan Bojorquez regarding information related to ethics in general, the 41 City of Denton’s Ethics Ordinance, and the requirements of Board of Ethics members. 42 Exhibit 1 – AIS Training 43 Exhibit 2 – Ethics Ordinance 44 45 Alan Bojorquez: There’s no helping with that. (Laughter) Hello everyone, I’m Alan Bojorquez and 46 I’m an attorney and the City’s advisor on adopting and implementing the Code of Ethics. The staff 47 arranged for me to come today and provide some training. This is not the same training session that 48 was done previously for all City officials that are covered by the Code of Ethics. Today’s training 49 session is specific to you as the Board of Ethics. It talks about the methodology provided for in the 50 Code of Ethics for essentially doing your duties and processing ethics complaints and advisory opinions 51 as they come forward. So we’ll go through this power point in your materials, we’ll cover that. My 52 second roll here tonight to walk through a draft for the Rules of Procedure for conducting your meetings 53 and your hearings. So if it is ok with you, Mr. Chairman, we’ll get started. 1 JDavis: Sure, can you tell me, is it Bor-kez? 2 3 Exhibit 3 – Presentation 4 5 ABojorquez: Bor-quez. If you ask any of the people in my law firm, they’ll pronounce it in five 6 different ways, don’t worry about it. What’s important about the particular code that the City Council 7 adopted here in Denton, is that we spent almost ten meetings, ten workshops developing an ordinance 8 that really tries to do three things. It tries to encourage ethical behavior. That is the overarching goal 9 of this document. To encourage those that work for the City, are elected to the City or stepped forward 10 and volunteered as you have, to conduct the public’s business with integrity. Second of all, this 11 particular Code of Ethics tries to empower citizens and give them an avenue, a methodology for raising 12 their questions or complaints in an organized manner. Finally, it’s designed to provide due process, 13 because while we are trying to achieve a City Hall that citizens can trust and respect, we are also trying 14 to handle these complaints in a manner that gives those that are accused an opportunity to be heard, 15 provide their side of the story and have a fair adjudication of those complaints.
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