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April 4 - Agenda Questions & Responses April 4 - Agenda Questions & Responses smartsheet 1 Agenda Item Question/Comment Staff Response 03/21/23 Mayor Pro Tern Beck Work Session A. 22-690 Have any cash thefts or missing cash occurred,indicating a problem or The audit recommendations are intended to ensure best practices are adopted. In addition,during the audit period missing cash was is this more adopting a best-practice? reported and an interim audit report was issued to the relevant Departments.The issuance of this interim report is disclosed on page 11 of the full Audit report. 03/21/23 Mayor Pro Tern Beck Work Session A. 22-690 Do city facilities have at least one CPR/AED training staff member on All Recreation,Aquatics and Athletics staff are required to complete CPR,AED,and First Aid training within three months of hire.A duty during business hours? minimum of two staff are scheduled to be on-site during all recreation center operating hours and at least one must be certified.The 2 Leisure Services Division currently employs 9 staff who are trained as CPR,AED,and First Aid Instructors.Beginning in January 2023, classes have been offered to staff and the public once per month at rotating locations and times.This schedule allows staff to obtain certification in a timely manner,often sooner than the required three months. 03/21/23 Mayor Pro Tern Beck Work Session B. 23-691 Do the courts have sufficient personnel with sufficient work time load to The Court Clerk's office is in the process of hiring an Assistant Court Rep I and reclassifying another vacant position to hire an achieve the desired reporting goals? additional Docket Clerk.The reclassification is currently pending approval by HR/Budget.Filling these two roles,we would be fully This was similarly discussed at the recent approval to discontinue 3rd- staffed and have sufficient personnel resources for our current workload. 3 party collections;does this additional load impact either set of goals and functions? Staff is also in the process of implementing an electronic(paperless)warrant module that will eliminate a significant amount of manual processing by the Warrant&Collections Specialist.The efficiencies created by this module will allow the Specialist more time to devote to collections research.There are some additional technology projects that are in various stages of progress that will further improve efficiency in the Clerk and Judge's Offices. 03/21/23 Mayor Pro Tern Beck Work Session C. 23-689 Proposal 7:2-273(a)(3)(J), ..."duty of care,confidence,trust,or In general,Staff does not have the authority to provide interpretations on application of the Ethics Ordinance as this is a power that lies privilege applies"... solely with the Board of Ethics through issuing an Advisory Opinion or processing an Ethics Complaint.However,Staff believes that Can I get examples to define"regular business standard of care"vs.the the Board of Ethics'intention for this was to capture relationships where the person or Business Entity owes a duty of care,confidence, specialized"privileged care"noted? trust or privilege to the City Official.An example of this would be a fiduciary duty owed by a Certified Public Accountant or the duty of a. Is a tax-preparer covered because privileged financial information? privilege owed by an attorney to their client.I cannot provide specific responses to the examples listed as they were not specifically b. Is an auto-dealer covered?Are the private disclosures submitted to discussed by the Board of Ethics when developing this proposal. 4 the state"privileged care"? c.Is a massage therapist excluded while a physician is included even However,City Council has not yet given guidance on this proposal. If this language does not clearly capture or exclude a specific though both have a care giving relationship? scenario that the City Council would like to address,Staff will take direction to modify the language and bring it back to Council at a d.Is a realtor that participated as either a buying or selling agent for an future meeting. official on their property covered? e.Is the teacher or professor of an official or their family covered? f.Are campaign staff covered? 03/20/23 Council Member Watts Work Session C. 23-689 The recommendation states the time frame extends until the next Staff believes that the Board of Ethics'intention was for the"election cycle"to extend for the typical term of the elected official,so if the regular election. If contribution given to Mayor or at large candidate, Mayor received more than a$500 campaign contribution in April 2020 and the election results were declared in May 2020,the Mayor 5 recusal from a pending matter regarding the contributor extends to the would have a conflict with that Individual, Business Entity,or organization from May 2020 through May 2022. next Mayor or At Large election or simply the next election cycle even if single member district election? 03/20/23 Council Member Watts Work Session C. 23-689 1 am going to describe a factual scenario and ask for response on how/if Staff drafted this language based on direction from the Board of Ethics to include a provision that would require a City Official to recuse proposal#4 may apply. from a vote on a Pending Matter when the Official receives more than a$500 Campaign Contribution from an individual,business Fact scenario. entity,or other organization during the most recent election cycle. During the last election,then council member Meltzer contributed in excess of 13k in monetary and in-kind contributions to then candidate The application of this fact scenario depends on the definitions of Campaign Contribution and Pending Matter.The proposed definition McGee who was subsequently elected. During the same election cycle of Campaign Contribution is"a contribution to a candidate for mayor or city council in any of the following forms:a monetary candidate McGee contributed in excess of$5000 in monetary and in- contribution or non-monetary contribution(in-kind contribution)." kind contributions to then council member/candidate Meltzer. Given these facts,what items,if any,would said members have to The Ethics Ordinance currently defines a Pending Matter as"an application seeking approval of a permit or other form of authorization 6 rescue themselves i.e.;nominations to board and commissions, required by the City,State,or Federal law;a proposal to enter into a contract or arrangement with the City for the provision of goods, committee assignments,business matters both public and private? services,real property,or other things of value;a case involving the City that is(or is anticipated to be)before a civil,criminal,or administrative tribunal." In general,Staff does not have the authority to provide interpretations or Advisory Opinions on application of the Ethics Ordinance; however,based on this proposed definition,in the described scenario the Council Member would be required to recuse on any Pending Matter that came before Council that involved another Council Member that donated more than$500 during the previous Election Cycle.The Board of Ethics did not deliberate whether the application of this proposed revision to a nomination,appointment, or assignment of volunteer to a board or commission would be a Pending Matter. City Council has not yet given guidance on this proposal.If this language does not clearly capture or exclude a specific scenario that the City Council would like to address,Staff will take direction to modify the language and bring it back to Council at a future meeting. 03/20/23 Council Member Watts Work Session C. 23-689 Ongoing negotiations. Regulations that would address this fact pattern have been deliberated by both the City Council and the Board of Ethics and neither Fact Scenario.Council Member Meltzer paid Jordan Villarreal$4000 for have given direction to include regulations that would specifically apply to the described scenario. As stated previously,it is not clear if campaign consulting services according to campaign finance report. a Panel of the Board of Ethics would consider a nomination,appointment,or assignment of volunteer to a board or commission to be a Said payment was made one day prior to the City Council voting to Pending Matter which requires recusal per the current Ethics Ordinance. appoint Mr.Villarreal to the Planning and Zoning Commission.No disclosure was made by Meltzer or Villarreal prior to the vote.Meltzer In general,Staff does not have the authority to provide interpretations or Advisory Opinions on application of the Ethics Ordinance; then paid and additional$8000 to Mr.Villarreal after the approval of the however,Staff drafted this language based on direction from the Board of Ethics to include a provision that would require a City Official appointment over two months.No disclosure was made except 5 to recuse from a vote on a Pending Matter when business negotiations were ongoing,meaning not terminated or otherwise settled. months later in Meltzer campaign finance reports. This seemed to be based on the idea that the vote on the Pending Matter could potentially influence the negotiations. Would this proposal apply to these facts thereby requiring recusal due to the ongoing recent business opportunity negotiations for campaign City Council has not yet given guidance on this proposal. If this language does not clearly capture or exclude a specific scenario that consulting services and the payee(pending matter)is before council the City Council would like to address,Staff will take direction to modify the language and bring it back to Council at a future meeting. where the payor(city official council member)is voting on pending matter Payee? Exported on April 4,2023 12:31:38 PM CDT Page 1 of 2 Response 03/20/23 Council Member Watts Work Session C. 23-689 Proposal#7 Recusal Requirement for Client Relationship. Regulations that would address this fact pattern have been deliberated by both the City Council and the Board of Ethics and neither Same fact pattern as proposal 6. have given direction to include regulations that would specifically apply to the described scenario. As stated previously,it is not clear if Does the business relationship of campaign consultant contracted by a Panel of the Board of Ethics would consider a nomination,appointment,or assignment of volunteer to a board or commission to be a city official councilmember for re-election/election campaign services Pending Matter which requires recusal per the current Ethics Ordinance. constitute a client relationship including any business,financial or 8 professional relationship to which a duty of care,confidence,trust or In general,Staff does not have the authority to provide interpretations or Advisory Opinions on application of the Ethics Ordinance; privilege applies to the City Official? however,Staff believes that the Board of Ethics'intention for this was to capture relationships where the person or Business Entity In this proposal,which party is charged with the duty of care, owes a duty of care,confidence,trust or privilege to the City Official.An example of this would be a fiduciary duty owed by a Certified confidence,trust or privilege?Does the City official owe those listed Public Accountant or the duty of privilege owed by an attorney to their client. duties or is it the other party of the client relationship? City Council has not yet given guidance on this proposal. If this language does not clearly capture or exclude a specific scenario that the City Council would like to address,Staff will take direction to modify the language and bring it back to Council at a future meeting. 04/04/23 Council Member Watts Item for Individual E. 23-721 Has it been past practice for the Council to appoint chair and vice chair For the 2019 Special Citizen Bond Advisory Committee,the Chair and Vice-Chair were appointed by the committee membership. For Consideration of the committee? the 2014 Special Citizen Bond Advisory Committee,the Chair and Vice-Chair were appointed by Council. 04/04/23 Council Member Watts Item for Individual E. 23-721 If so,when would such selection take place? The selection of a Chair and Vice Chair should take place as soon as possible.City Council will have the opportunity to vote on Consideration nominations today,April 18th and May 2nd.We are tentatively planning to hold the first SCBAC meeting at the end of May. 04/04/23 Council Member Watts Item for Individual E. 23-721 Why is a quorum less than 50%of the committee membership?Is there Making quorum less than 50%of the entire membership of the committee came as a recommendation from our consultant.The intent Consideration precedence for such rule on any other board or commission? How is to lower the number needed for quorum to allow the meetings to continue since the meetings are scheduled during the summer and many votes are required to approve bond committee recommendations the abbreviated timeline to conduct the meetings does not allow for cancelled meetings.A majority of the committee members in to city council?If a quorum is only fifteen,does that mean it only takes 8 attendance when a vote is made will make recommendations. votes to approve recommendations?How many votes are required to forward recommendations to city council? 04/04/23 Council Member Watts Item for Individual E. 23-721 Is the ordinance/charge intended to reflect the direction of the council The ordinance includes all propositions as discussed with Council in the two previous work sessions with a total bond program amount 12 Consideration regarding specific projects,funding amounts and the specific grouping listed as$335 million. of projects within the propositions on the ballot as presented by staff and modified by City Council during work sessions? 04/04/23 Council Member Watts Item for Individual E. 23-721 Does the committee have authority to(1)eliminate or add projects,(2) The committee does have the authority to eliminate projects and change recommended bond program amount,but not to add projects 13 Consideration increase or decrease funding,(3)and/or segregate the projects into or increase total funding.The propositions must be approved by our bond counsel and the Texas Attorney General and are required to different ballot proposition categories,that are different than include projects with a single purpose.Staff will continue to work with the City's Bond Counsel to refine the propositions in conjunction recommended by staff or city council? with the SCBAC's final recommendation. Exported on April 4,2023 12:31:38 PM CDT Page 2 of 2