4 March Agenda Questions and Responses 4 March Agenda Questions and Responses smartsheet
Response .7n-
03/02/25 Mayor Hudspeth Work Session C 25-237 Are we at a point where we can complete We are actively resolving the remaining details and are moving forward with the development agreement.The developer(JPI)has
the development agreement?Meaning is expressed agreement with both the project's direction and the established timeline.
the county agreeable to committing to
finding the additional$100,000 to move the
homestead?
03/02/25 Mayor Hudspeth Work Session C 25-237 Who were the previous owners of this Greater Texas Land Resources was the developer that sold the property recently to JPI. Other prior ownership on DCAD are the Reids
property?Who were the owners that sold and Tripps. Nothing else is available on the County website. If the City did not accept the property technically the developer could
the property to JPI?What did the property demolish the structures but is required to preserve the trees and provide some trail connectivity. The property has not officially been
purchase agreement/contract say about received by the City. Staff would anticipate having a Developer Agreement on the property to City Council for consideration in the coming
the home and what was to be done with it? months.
What would happen to the home if the City
did not accept the property?Has the
property already been received by the City
of Denton.?
03/02/25 Mayor Hudspeth Work Session C 25-237 A. Howington and I.Echols state that they The Howington family rented the property from the Tripps family from approximately 1987-1999.
grew up at the home.What is their
relationship to the property owner(s)?
03/02/25 Mayor Hudspeth Work Session A 25-300 Did the Board of Ethics consult with former The Board of Ethics did not speak to previously elected officials.
4 or previously elected officials to gain
insights?
5 03/02/25 Mayor Hudspeth Work Session A 25-300 Has the City Secretary's Office received a No. City Secretary has not received any petition or correspondence related to a petition for which the Mayor was the subject of a recall.
petition to recall the Mayor?
03/02/25 Mayor Hudspeth Work Session A 25-300 If a petition has not been filed to recall the Recall petition signatures may be gathered at any time. However,the City Charter says"[n]o signature to such petition shall remain
Mayor,would that be considered an effective or be counted which was placed thereon more than forty-five(45)days prior to the filing of such petition with the city secretary."
6 ongoing,valid petition?Would it be proper On the propriety of the Chair's actions,any city official may request an advisory opinion on a question of compliance with the Ethics
for the Chair to speak for the Board of Ordinance by sumbitting a request to the Ethics Board.
Ethics while the matter is pending?
03/02/25 Mayor Hudspeth Work Session A 25-300 Please provide a timeline of work sessions On June 4,2024,the last set of proposals to amend the Ethics Ordinance was presented to the City Council.The Board of Ethics then
7 and public feedback gathering that lead to developed the current proposals based on discussions at all of its regular meetings since that day(i.e.,August 5,2024,October 7,2024,
these proposed changes. November 4,2024,December 16,2024,January 6,2025,and February 10,2025;meetings in July and September were not held due to
City holidays).
8 03/02/25 Mayor Hudspeth Work Session A 25-300 Was the committee attorney consulted and Yes.Special outside counsel reviewed the proposed changes and feedback was incorporated into the redlined proposals. The Ethics
did they review the proposed changes? Ordinance allows for independent,outside legal services to provide legal support when it is in the best interest of the city.
03/02/25 Mayor Hudspeth Work Session A 25-300 Regarding Sec.2-273(a)please provide These terms are not defined in the proposed revisions. There is not a universal legal definition of these terms that would be binding on
the legal definition of:reasonably certain, the Board of Ethics. The determination of whether conduct meets these standards is generally a question of fact. Thus,if adopted by
compromise judgement,know or should City Council,the Board of Ethics would have discretion to make determinations regarding these terms when they are applied to the
9 know,likely to impact personal or financial specific circumstances of a complaint or request for advisory opinion. Sec.2-282 Disposition provides that the"Board of Ethics
interest,substantial segment of the City's determines by simple majority vote of those present and voting at the conclusion of a hearing that a violation has occurred.. .."
population?What is the judiciary
responsbility of the ethics board?
03/02/25 Mayor Hudspeth Work Session A 25-300 Please clarify the 12 months on page 2 of The 12 months referenced on page 2 of the memo refers to the proposed change set a deadline by which affidavits of abstention should
10 the memo to Council compared to the 24 be filed,which would then be valid for 12 months.The 24 months on slide 9 of the presentation is part of the proposed definition of Client.
months referenced in the presentation.
03/02/25 Mayor Hudspeth Work Session A 25-300 Please provide the legal definition of Sec.2-282 Disposition provides that the"Board of Ethics determines by simple majority vote of those present and voting at the
sufficient facts and reasonable certainty. conclusion of a hearing that a violation has occurred.. .." These terms are not defined in the proposed revisions. There is not a
11 How does one prove a violation during the universal legal definition of these terms that would be binding on the Board of Ethics. The determination of whether certain conduct
process of the hearing,and determine if the meets these standards is generally a question of fact the Board of Ethics would decide based on the specifics of a complaint or request
ordinance has been violated?Please clarify for advisory opinion. The Complainant has the responsibility to establish sufficient facts that the official acted or failed to act in their
or define official capacity. official capacity.
03/02/25 Mayor Hudspeth Work Session A 25-300 Please define or explain:certain "Certain relationships"is a term used in the presentation and memo as a short hand to reference the relationships further defined within
12 relationships. the current ordinance(see Sec.2-273(a)(3))and proposed ordinance(see Sec.2-273(a)(1)).The term"certain relationships"does not
appear in the current or proposed ordinance.
03/02/25 Mayor Hudspeth Work Session A 25-300 "Discussions at the dais"is this a literal This provision is in the existing Ethics Ordinance(not being amended by this proposed change). The term"deliberation"also includes
13 translation or is the work session an conversing/corresponding with other city officials or staff.
extension of the dais?
03/02/25 Mayor Hudspeth Work Session A 25-300 Please define or explain:"reasonably This phrase is not defined in the proposed revisions.There is not a universal legal definition of this phrase that would be binding on the
14 should have been aware."Who would Board of Ethics.The determination of whether certain conduct meets this standard is generally a question of fact the Board of Ethics
decide the"reasonableness"? would decide based on the specifics of a complaint or request for advisory opinion.
03/02/25 Mayor Hudspeth Work Session A 25-300 Please confirm whether the City can legally Per the proposal,the Complainant would be required to establish facts to support to a reasonable certainty that the relationship exists.
15 inquire if someone is in a romantic or
sexual relationship.
16 03/02/25 Mayor Hudspeth Work Session A 25-300 Please define:indefinite,romantic,and These terms are not defined in the proposed revisions.
sexual.
03/02/25 Mayor Hudspeth Work Session A 25-300 Please explain how the term"rent"is This term is not defined in the proposed revisions. The determination of whether certain conduct meets this standard is generally a
17 defined?Should the agreement be in determination the Board of Ethics would decide based on the specifics of a complaint or request for advisory opinion.
writing or will a verbal agreement suffice?
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Date Submitted By Type Item Item Number Question/Comment Staff Response
03/02/25 Mayor Hudspeth Work Session A 25-300 Please share the meeting minutes on how Per the proposal a City Official would be required to recuse from Deliberations and file a disclosure involving a Client.A Client is defined
the committee arrived at$2,500.Does this as a person or Business Entity that the City Official has supplied goods or services valuing more than$2500 in the last 24 months.
section affect the disclosure requirements?
Would the opposite be true for an official This definition does not included the opposite(i.e.,a person or Business Entity that supplied the City Official with goods or services).
18 purchasing goods at a value greater than Meeting minutes for the meeting where this was discussed have not yet been approved;however,the meeting can be viewed here
$2,500? (timestamp: 11:30-31:30):https:Hdentontx.new.swagit.com/videos/334427.
The Board discussed$1,000(taken from the model code),$2,000,$2,500,and$5,000.There was also discussion regarding if this
definition should include people that the City Official owes a fiduciary duty,however,this was removed.
19 03/02/25 Mayor Hudspeth Work Session A 25-300 Please define facts and establish who is the This term is not defined in the proposed revisions.The Board of Ethics is the finder of fact.
finder of facts.
03/02/25 Mayor Hudspeth Work Session A 25-300 If the term"burden of proof'is removed, The Complainant has the responsibility to establish sufficient facts.
20 please explain who has the responsbility of
prooving up the claims.
03/03/25 Council Member Jester Work Session A 25-300 Sec.2-273(a)Conflicts of interest:Would "Yes. If an Ethics Complaint is submitted under the Conflicts of Interest section,the Complainant would have the responsibility to
the Board of Ethics be the decider of what establish facts supporting that the alleged relationship was reasonably certain to influence or compromise the judgement or actions of the
is"reasonably certain to influence or City Official.These relationships are defined within Sec.2-273(a)(1)(A-H).The Board of Ethics is then responsible for determining if the
compromise judgment or actions? facts presented support to a reasonable certainty that the alleged relationship exists and falls within one of those categories.
21
It should be noted that the relationship is only one element that the Complainant is required to satisfy.Other elements include that the
City Official(1) knew or should have known that(2)Deliberating a matter(i.e.,acting/failing to act in their oficial capacity)would(3)
impact the personal or financial intersts of the alleged relationship(4)in a way not shared with a substantial segment of the City's
population."
03/03/25 Council Member Jester Work Session A 25-300 Definitions:Deliberations:include Generally,City Officials are not prohibited from asking questions.Under the proposed ordinance,City Officials must only recuse from
conversing or corresponding w/other city Deliberations on matters they know involve a Conflict of Interest.
22 officials or staff?Questions could not be
asked? It should be noted that the Deliberations,including coversing or corresponding with other City Officials or Staff,is currently prohibited on
Pending Matters where the City Official has a Conflicting Interest.
03/03/25 Council Member Jester Work Session A 25-300 What is meant by"likely to impact the This is the heart of a conflicts of interest prohibition.In general,a conflicts of interest prohibition is intended to provide assurance to the
personal/financial interests of certain public that a City Official is not using the power of their official position to inappropriately impact the personal or financial intersts of
relationships"? themselves or those with whom they have a personal or professional relationship.It is not intended to limit a City Official's personal or
professional life,only to provide transparency and accountability if the City Official's personal or professional life and their official duties
23 intersect.
"Certain relationships"is a term used in the presentation and memo as a short hand to reference the relationships further defined within
the current ordinance(see Sec.2-273(a)(3))and proposed ordinance(see Sec.2-273(a)(1)).The term"certain relationships"does not
appear in actual langage of the current or proposed ordinance.Examples of these relationships include the City Official's employer,a
Business Entity that the City Official owns,or a City Official's Relative.
03/03/25 Council Member Jester Work Session A 25-300 How does one share with a"substantial For example,a construction contract for a new road near the City Official's home or business is likely to impact their personal or financial
24 segment of the City's population"? interests;however,it is likely that this impact is shared with other nearby residents(i.e.,a substantial segment of the City's population).
However,if the City Official owned the company being contracted to build the new road,this impact is likely not shared with a substantial
segment of the City's population and the City Official should recuse from those Deliberations.
03/03/25 Council Member Jester Work Session B 25-299 What is the current law on selling animals Tex.Loc.Gov't Code§229.901 was adopted in 2023 as part of a broader local preemption bill,HB 2127. Section 220.901(a)prohibits
at retail stores? cities from adopting or enforcing an ordinance that restricts,regulates,or otherwise impedes the sale animals if the person operating the
business has a license issued by the federal or state government for that business. Section 220.901(b)preempts cities from adopting or
enforcing an ordinance that restricts,regulates,or otherwise impedes the retail sale of dogs or cats unless the city had such a regulation
25 in place prior to April 1,2023,in which case the regulation can be enforced until statewide regulations are adopted. Pending legislation
includes HB 495 and HB 3498 by Rep.Jared Patterson.HB 495 would address the deceptive trade practice associated with the sale of
animals by specifically targeting individuals or entities that knowingly sell or offer for sale sick animals without full disclosure of their
health condition.HB 3498,which was just filed on Friday, February 27,is a refile of last session's HB 870,and would require pet stores to
source live animals from local rescues or shelters.
03/03/25 Council Member Jester Work Session B 25-299 Why not include the proposed bill taking The City's Legislative Program includes broad policy positions that are intended to encompass a multitude of legislative issues.The
26 away a city's ability to hire lobbyist to follow proposed bill(SB 19)would fall within the third bullet point under the Communtity Focus heading that reads,"Protect the autonomy of
bills? local officials to make decisions in the best interest of their communities."As such,the City registered opposition to SIB 19 on Thursday,
February 27.Adopting a more specific policy position on this matter,or any other,would require Council direction.
03/03/25 Council Member Jester Consent M 25-383 Crown Correctional Telephone Inc.Exhibit Company Profile was evaluated based on the responses the proposer gave to the qualifications defined in the scope of work—
2,RFP 8710 Pricing Evaluation for Inmate 1.Company Profile—Bidder must include a brief history of the company and shall be regularly and continuously engaged in the business
Telephone Services scoring criteria of providing and administering inmate telephone services and installation for the past five(5)years to a minimum of three(3)within a city
(Company Profile 20%). What are the and/or county jail facility.
"company profile"factors that give it 20%? 2.References—Experience must be demonstrated by references provided by the bidder at the time of the bid,all references must be
individuals working directly with or managing the day-to-day operations of the inmate telephone system.
3.Credentials—Bidder shall possess,at the time the proposal is submitted and through the term of the contract,all permits,licenses and
professional credentials necessary to supply and perform services as specified under this RFP.
4.Security and Background Checks—Bidder's employees,agents and subcontractors entering the facilities,must submit to and pass a
27 security and background check performed by the Denton Police Department and will be subject to Jail security procedures while on-site.
a.Failure to pass or comply with the background process will prohibit an individual from entry into the Denton Police Department on behalf
of or to perform work for the Contractor.
b.lf a Clearance is refused for any individual,the Contractor will be notified and the Contractor shall provide a replacement suitable to the
Denton Police Department.
5.Trained Staff—Bidder's organization must have qualified,trained and certified staff dedicated to the sole purpose of supporting the
inmate telephone system installed including,but not limited to,service technicians and technical support for the life of the contract
awarded pursuant to this RFP.
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