[1. DECLARATION OF A QUORUM AND CALL MEETING TO ORDER]
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CALL THE CITY COUNCIL MEETING TO ORDER FOR JANUARY SEVENTH.WE DO HAVE A QUORUM, BUT COULD WE HAVE A ROLL CALL, PLEASE? WE DO HAVE A [INAUDIBLE].
AND ON YOUR AGENDA, COUNCIL THE ITEMS THAT WE'LL BE GOING THROUGH AS WE GO THROUGH THIS ORIENTATION.
WE HAVE INDIVIDUALS THROUGHOUT STAFF THAT WILL BE PRESENTING TO THESE DIFFERENT TOPICS.
JANELLE, COULD YOU READ TOPIC THREE A PLEASE MA'AM?
[3.A. The City Charter (Part 1 of 2)]
THREE A, THE CITY CHARTER.MAYOR, I THINK THAT DON WANTED TO GO IN A SLIGHTLY DIFFERENT ORDER.
DON ARE YOU ON THE LINE? I AM.
IS THAT DON IS IT THE ORDER THAT YOU HAD SENT TO ME THAT--? YES.
INCLUDED THE NAMES OF AGE AND IT COVERS EVERYTHING IN THE WORKSHOP IN A SLIGHTLY DIFFERENT ORDER.
IT'S A MORE LOGICAL PROGRESSION.
IT BEGINS WITH OPEN MEETINGS THEN DOES THE AGENDA.
SO WE'LL BE A LITTLE OUT OF ORDER AROUND THE WORKSHOP AS POSTED BUT ALL THOSE ITEMS WILL BE DISCUSSED.
I HAVE THAT BEFORE ME HERE, DON.
OR THEIR MICROPHONE, PLEASE? BECAUSE WE'RE GETTING ALL KINDS OF WE'RE GETTING THREE OR FOUR CONVERSATIONS AT ONCE HERE.
DON, WHAT I'LL DO IS FOLLOW THE ORDER THEN THAT YOU HAD SENT AND WE'LL START AGAIN
[3.B. Open Meetings Act/Public Information Act]
WITH ITEM THREE, B, IF WE COULD, PLEASE JANELLE.ITEM THREE B, OPEN MEETINGS ACT AND PUBLIC INFORMATION ACT.
AND I THINK WE HAVE DOWN JANELLE AND BEVERLY WEST FROM THE LEGAL DEPARTMENT WILL BE PARTICIPATING WITH THIS.
JANELLE, DID YOU WANT TO GO AHEAD AND START WITH THAT? YES, SIR.
I'M GOING TO TALK TO COUNCIL JUST BRIEFLY ABOUT TRAINING FOR ELECTED OFFICIALS.
AND I'M GOING TO SHARE A SLIDE.
CAN EVERYONE SEE THE SCREEN? YES.
MEMBERS OF A GOVERNMENTAL BODY ARE REQUIRED TO PARTICIPATE IN EDUCATION TRAINING SESSIONS PURSUANT TO THE TEXAS GOVERNMENT CODE.
THE FIRST ONE IS THE OPEN MEETINGS ACT, FOUND IN CHAPTER FIVE FIFTY ONE IN THE PUBLIC INFORMATION ACT NOW IN CHAPTER FIVE FIFTY TWO.
PUBLIC OFFICIALS ARE REQUIRED TO COMPLETE THE TRAINING WITHIN 90 DAYS OF TAKING THE OATH OF OFFICE.
AND THE ATTORNEY GENERAL PROVIDES THE ONLINE TRAINING.
EACH VIDEO IS ABOUT AN HOUR LONG AND AT THE END OF EACH VIDEO, YOU WILL BE GIVEN A CODE FOR GENERATING YOUR CERTIFICATES OF COMPLETION.
AND COPIES OF THOSE CERTIFICATES NEED TO BE FILED WITH THE CITY'S SECRETARY'S OFFICE.
DO WE STILL HAVE TO DO IT AGAIN? NO, MA'AM.
YOU'RE ONLY REQUIRED TO TAKE THE COURSES ONCE.
IF IT'S BEEN A WHILE, YOU MIGHT WANT TO TAKE THEM AS A REFRESHER AND TO GET UPDATED ON ANY CHANGES MADE BY THE LEGISLATURE BECAUSE THEY TEND TO CHANGE SOMETHING IN THOSE ACTS EVERY TWO YEARS.
ANY QUESTIONS ON THAT? I THINK YOU'VE CONTACTED THOSE MEMBERS TO JANELLE THAT NEED TO TAKE THE TRAINING TO GET THEM.
I'VE SENT AN EMAIL WITH THE LINK TO BOTH OF THE VIDEOS, AND I'D BE HAPPY TO SEND YOU
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IT AGAIN.OK, ANY QUESTIONS, COUNCIL? NOW MOVING TO UNDER OPEN MEETINGS RECORDS AND OPEN MEETINGS ACT MEETINGS, MOVING TO BEVERLY WEST.
BEVERLY ABOUT PERSONAL DEVICES USED FOR CITY BUSINESS ARE SUBJECT TO OPEN RECORDS ACT.
I WOULD LIKE TO PUT A SLIDE SHOW UP THERE.
AND REALLY WHAT I WANT TO HEAR ASSISTANT CITY ATTORNEY BEFORE I START MY SLIDE SHOW, I HAVE THE PLEASURE OF TRAINING Y'ALL TODAY.
THEIR OBLIGATIONS AND DUTIES UNDER THE INFORMATION THAT REGARD TO PERSONAL DEVICES AND AL SO THE [INAUDIBLE] MEETINGS ACT.
WITH REGARD TO CLOSED DELIBERATIONS OR WHAT THEY CALL A [INAUDIBLE].
SO LET ME SEE IF I CAN SHARE MY SCREEN HERE.
ARE YOU ABLE TO TURN UP THE VOLUME ON YOUR MICROPHONE? A LITTLE MUTED.
CAN YOU SEE THE SLIDESHOW? [INAUDIBLE] NO, YOU'RE THE ONLY THING WE CAN SEE, BEVERLY, IS YOUR EMAIL.
YOU NEED TO CHANGE YOUR MONITORS.
IF YOU'RE DISPLAYING THE PRESENTATION ON A SECOND MONITOR, YOU'LL NEED TO CHANGE.
SO I'M GOING TO [INAUDIBLE] INFORMATION AND YOU'RE REQUIRED TO TURN OVER ANY PUBLIC INFORMATION IF IT'S REQUESTED [INAUDIBLE] THE PURPOSE OF THE PUBLIC INFORMATION FROM THE OPEN GOVERNMENT.
I THINK YOU'RE STILL DISPLAYING THE WRONG SCREEN.
IF YOU'RE ON A SLIDE SHOW, JEFF, IF YOU WILL, UNMUTE AND EXPLAIN TO HER HOW TO CHANGE HER DISPLAY SCREEN.
BEVERLY, IF YOU'LL GO BACK TO YOUR-- GO BACK.
AT THE BOTTOM OF YOUR AND SCROLL OVER TO THE BOTTOM WHERE IT SAYS NOTES, DISPLAY SETTINGS, COMMENTS ON THE POWERPOINT PRESENTATION.
NOW IT'LL FLIP YOUR SLIDES FOR YOU.
ALL RIGHT, SO WHAT I WANT TO TALK TO YOU ABOUT, I THINK IT'S SAFE TO SAY THAT EVERYBODY HAS A PERSONAL DEVICE.
I THINK THEY WOULD HAVE ALL OF EVERYBODY HAS A CELL PHONE, A PERSONAL CELL PHONE, TABLET, A LAPTOP, SOMETHING THAT THEY PROBABLY CONDUCT SOME BUSINESS ON.
AND UNDER THE PUBLIC INFORMATION ACT, IF YOU CONDUCT ANY BUSINESS ON YOUR PERSONAL CELL PHONE, THAT'S PUBLIC INFORMATION OR ON YOUR TABLET.
SO WHAT IS PUBLIC INFORMATION, YOU MIGHT SAY? WHY WOULD I HAVE PUBLIC INFORMATION ON MY CELL PHONE.
THAT'S ANY INFORMATION THAT IS WRITTEN, COLLECTED, CREATED, MAINTAINED IN THE CONNECTION OF A TRANSACTION OF OFFICIAL BUSINESS.
SO ANY PHONE CALLS WITH YOUR CONSTITUENTS, ANY TEXTS, ANY OF THAT WILL BE CONSIDERED PUBLIC INFORMATION.
AND THAT'S ANY INFORMATION HELD BY OR FOR A GOVERNMENTAL BODY.
AND THAT'S PROBABLY NOT SOMETHING THAT YOU WOULD HAVE.
BUT YOU HAVE A CONTRACTOR OR AN ATTORNEY OR SOMEBODY ELSE HOLDING INFORMATION THAT HAS TO DO WITH THE TRANSACTION OF PUBLIC BUSINESS OR CITY BUSINESS, THAT IS ALSO PUBLIC INFORMATION.
AND SPECIFICALLY, I HIGHLIGHTED THAT ANY INFORMATION HELD BY AN INDIVIDUAL OFFICER OR EMPLOYEE OF A GOVERNMENTAL BODY IN THE OFFICERS OR EMPLOYEES OFFICIAL CAPACITY.
AND THE INFORMATION PERTAINS TO OFFICIAL BUSINESS OF A GOVERNMENTAL BODY IS PUBLIC INFORMATION.
SO JUST GOING THROUGH THAT, AGAIN, THE INFORMATION WILL BE DOCUMENTS, BOOKS, LETTERS, PHOTOGRAPHS, NOTES, TWEETS, THE VOICEMAIL RECORDINGS OR AUDIO TEXTS, ELECTRONIC COMMUNICATIONS.
TRANSACTION OF OFFICIAL BUSINESS INCLUDES AGAIN, YOU KNOW, INFORMATION THAT YOU
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CREATE AND TRANSMITTED RECEIVE.IT INCLUDES ELECTRONIC COMMUNICATION, [INAUDIBLE] DEVICE, WHETHER IT'S CITY, AS YOU KNOW, PERSONAL COMMUNICATIONS, CONNECTION WITH THE TRANSACTION, OFFICIAL BUSINESS.
SO HOW WOULD YOU RECEIVE THIS REQUEST OR WHAT IS THE PUBLIC INFORMATION REQUEST? MAY GET A VERBAL REQUEST BY A CONSTITUENT SAYING I WANT A COPY OF ALL YOUR TEXTS OR ALL YOUR COMMUNICATIONS OR [INAUDIBLE].
UNDER THE PUBLIC INFORMATION ACT YOU ARE REQUIRED TO [INAUDIBLE].
THE OBLIGATION DOES THE PUBLIC INFORMATION ACT, DO NOT OCCUR UNTIL YOU HAVE SOMETHING IN WRITING.
THEY DON'T HAVE TO REFER TO THE ACT.
A LOT OF TIMES WE'RE GOING TO REFER TO THE FREEDOM OF INFORMATION ACT.
IF IT'S A REQUEST FOR PUBLIC INFORMATION, AND THAT'S A REQUEST FOR INFORMATION THAT FALLS WITHIN THE PUBLIC INFORMATION ACT.
IT CAN BE RECEIVED BY MAIL, ELECTRONIC MAIL, HAND DELIVERY OR ANY METHOD DESIGNATED BY THE GOVERNMENTAL BODY.
SO AT THE CITY, WE HAVE ON OUR INTERNET SITE WHERE THE CITY HAS DESIGNATED THAT INFORMATION REQUEST YOU TO SEE HOW THEY CAN BE SENT.
I BELIEVE THAT WE HAVE AN EMAIL ADDRESS.
YOU CAN GO DIRECTLY ON THE WEBSITE AND REQUEST INFORMATION THERE.
AND ALSO, OF COURSE, HAND DELIVERY.
SO UNDER THE PUBLIC INFORMATION ACT, ALL PUBLIC INFORMATION IS SUBJECT TO DISCLOSURE AND NOTHING SPECIFICALLY CONFIDENTIAL OR SPECIFICALLY [INAUDIBLE].
THERE'S A BASICALLY 64 EXCEPTIONS FOR DISCLOSURE UNDER THE ACT.
AND THERE ARE DISCRETIONARY DISCLOSURES, SOMETHING SUCH AS PENDING LITIGATION.
BUT ESSENTIALLY THE ATTORNEY GENERAL CONSTRUED THE ACT WITH FAVOR OF OPEN GOVERNMENT.
SO IF IN FACT, YOU RECEIVE A REQUEST AND YOU SIT ON IT AND YOU DON'T DO ANYTHING ABOUT IT, THEN WE CANNOT WITHHOLD ANY INFORMATION THAT'S PRESUMED TO BE PUBLIC, MUST BE CONFIDENTIAL BY LAW.
SO ESSENTIALLY, WHEN YOU HAVE INFORMATION ON YOUR PERSONAL DEVICE THAT YOU ARE CONSIDERED A TEMPORARY CUSTODIAN UNTIL YOU TURN THAT INFORMATION OVER TO THE CITY SECRETARY.
THE CITY SECRETARY, AND I'LL GO THROUGH THAT REAL QUICK.
AN OFFICER OR AN EMPLOYEE THAT'S FORMER OR CURRENT OFFICE OR EMPLOYEE WHO CREATES OR RECEIVE PUBLIC INFORMATION THAT THEY HAVE NOT PROVIDED TO THE OFFICE OF PUBLIC INFORMATION AND WILL BE CALLED AT THE CITY SECRETARY OR JANELLE.
SO CURRENT AND FORMER OFFICER OR EMPLOYEES WHO HAVE INFORMATION ON A PUBLIC DEVICE MUST FORWARD THE INFORMATION TO JANELLE OR PRESERVE THE INFORMATION IN THE ORIGINAL FORM, NOW BACK UP ON OUR RECORDS, RETENTION POLICIES APPLY TO THIS INFORMATION.
SO UNLESS YOU WANT TO HANG ON TO THIS INFORMATION, YOU JOIN THE RETENTION POLICY.
I SUGGEST THAT MY ADVICE WOULD BE TO IMMEDIATELY, MAYBE EVEN AT THE END OF THE MONTH, AT THE END OF THE WEEK.
IF YOU'RE AWARE THAT YOU HAVE INFORMATION ON YOUR PHONE OR TABLET, GO AHEAD AND SEND THAT INFORMATION TO JANELLE, OR AT LEAST PUT IT ON A JUMP DRIVE AND GET IT TO JANELLE.
OTHERWISE YOU'RE GOING TO BE WALKING AROUND WITH THAT INFORMATION.
AND IT CAN BE REQUESTED AT ANY TIME.
AGAIN, BACK IN, I BELIEVE, THREE YEARS AGO, THE LEGISLATORS CAME IN AND THEY MADE SOME AMENDMENTS TO THE ACT, BUT NOW REQUIRES THE OFFICE OF PUBLIC INFORMATION TO OBTAIN THAT INFORMATION FROM THE BOARD OF A PUBLIC OFFICIAL OR EMPLOYEE WHO HAS INFORMATION ON PERSONAL CELL PHONE.
ONCE THE INFORMATION IS REQUESTED BY THE OFFICE OF PUBLIC INFORMATION, HAS A REASONABLE BELIEF THAT YOU HAVE [INAUDIBLE] HAS INFORMATION, SHE'S OBLIGATED TO ASK YOU FOR THAT INFORMATION.
AND IF YOU DON'T PROVIDE THAT INFORMATION, THERE ARE PENALTIES AND CRIMINAL OFFENSES THAT CAN APPLY.
AND THAT WOULD BE SO WE GET A PUBLIC INFORMATION REQUEST FOR ANY AND ALL COMMUNICATION OR POSTINGS CREATED OR RECEIVED BY THE MAYOR.
AND JANELLE KNOWS THAT SHE GOT AN E-MAIL OR TEXT FROM THE MAYOR AND SO SHE'D DONE A REQUEST THAT INFORMATION FROM THE MAYOR.
SO THAT SHE CAN LOOK AT THAT, PLEASE CONTACT THE CITY ATTORNEY'S OFFICE AND
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CONFIRM THAT REQUEST.UPON REQUEST BY THE CITY SECRETARY YOU MUST SURRENDER THAT INFORMATION WITHIN 10 DAYS.
AGAIN, THE REASON WHY YOU PROBABLY WANT TO GO AHEAD AND SEND THAT INFORMATION, PUT IT ON A JUMP DRIVE AND SEND IT TO THE CITY.
THE TEMPORARY CUSTODIAN, AS I SAID CAN BE DISCIPLINED OR SUBJECT TO OTHER PENALTIES UNDER THE ACT FOR NOT SURRENDERING THE INFORMATION.
THE CITY CONSIDERED TO RECEIVE THE REQUEST FOR INFORMATION HELD BY TEMPORARY CUSTODIAN ON THE DAY OF ITS SURRENDER.
SO THERE IS AT LEAST A LITTLE BIT OF EXTRA TIME ONCE YOU HAVE A WRITTEN REQUEST TO THE PUBLIC OFFICIAL OR THE EMPLOYEE [INAUDIBLE] INFORMATION THAT YOU BELIEVE YOU HAVE ON A [INAUDIBLE] CURRENT OR FORMER OFFICIAL OR EMPLOYEES, DON NOT OWN THAT PUBLIC INFORMATION THEY CREATE OR RECEIVE WHILE ACTING IN AN OFFICIAL CAPACITY THAT IS ACTUALLY OWNED BY THE CITY.
THE DUTY [INAUDIBLE] SHALL RESPOND WHEN YOU RECEIVE A PUBLIC INFORMATION REQUESTS, IF YOU HAVE THAT INFORMATION [INAUDIBLE] AS SOON AS YOU CAN PRODUCE THE PUBLIC INFORMATION.
A DROP WHAT I CALL A DROP-DEAD DEADLINE IS ACTUALLY TEN DAYS TO REQUEST THE ATTORNEY GENERAL OPINION, IF IN FACT, WE'RE GOING TO REQUEST THAT IT'S HOLDING [INAUDIBLE] INFORMATION BASED ON [INAUDIBLE] OR A MANDATORY [INAUDIBLE] EXCEPTION.
OF COURSE, I KNOW MR. [INAUDIBLE] WHO HANDLES A LOT OF THINGS HERE IN THE CITY ATTORNEY'S OFFICE.
WE'RE REQUESTING THAT INFORMATION WE PROVIDED PROBABLY AS POSSIBLE WITHIN FIVE DAYS.
SO THE PEOPLE HANDLE THAT, [INAUDIBLE].
SO I'LL GO AHEAD AND GO THROUGH THE SECOND PART AND THEN ASK IF Y'ALL HAVE ANY QUESTIONS [INAUDIBLE].
BEFORE WE MOVE TO THE WALKING QUORUM COULD I ASK YOU SOMETHING ABOUT.
EMAILS THAT WE RECEIVE, NO MATTER HOW THEY'RE RECEIVED ON WHAT DEVICE.
BUT IF THEY COME THROUGH ON OUR CITY ADDRESS, THOSE ARE ON OUR SERVER.
AND IF THE PUBLIC IF THERE'S A REQUEST FOR THAT THAT'S HANDLED AT THE CITY LEVEL THROUGH I.T.
YES, THAT WOULD BE ANOTHER LOCATION.
AND IN THAT [INAUDIBLE] WHERE I TALK ABOUT SURRENDERING THE INFORMATION IF THE CITY ALREADY HAS IT, AS LONG AS THERE'S NOT ANY OTHER INFORMATION THAT MIGHT BE ON YOUR PHONE OR YOUR PERSONAL DEVICE THAT THE CITY WOULDN'T HAVE IN THEIR EMAIL, THEN YOU'VE ALREADY PROVIDED INFORMATION FOR THE ANY OTHER QUESTIONS [INAUDIBLE].
ALL RIGHT, I'LL GO AHEAD AND GO FORWARD WITH YOUR PROHIBITIONS UNDER THE TEXAS OPEN MEETINGS ACT FOR A WALKING QUORUM.
SO THE TEXAS OPEN MEETINGS ACT [INAUDIBLE] TO THE PUBLIC INFORMATION ACT IS A PRESUMPTION THAT INFORMATION IN A MEETING AND YOUR DELIBERATIONS, YOUR MEETINGS, THEY'RE OPEN TO THE PUBLIC.
IT WAS ADOPTED TO HELP MAKE A GOVERNMENTAL DECISION MAKING ACCESSIBLE TO THE PUBLIC.
THAT REQUIRES MEETINGS OF GOVERNMENTAL BODIES TO BE OPEN TO THE PUBLIC UNLESS AUTHORIZED TO BE CLOSED.
[INAUDIBLE] CONSTRUED BY THE ATTORNEY GENERAL IN FAVOR OF OPEN GOVERNMENT AND THE GOVERNMENTAL BODY MUST HOLD A MEETING TO EXERCISE ITS POWERS.
A MEETING IS A QUORUM OF THE GOVERNMENTAL BODY? AND AT THE CITY A QUORUM IS FOUR.
DELIBERATION IS ANY VERBAL EXCHANGE WRITTEN EXCHANGE OR ELECTRONIC EMAIL.
SO ANY EXCHANGE BETWEEN PUBLIC OFFICIALS WITH REGARD TO PUBLIC BUSINESS IS CONSIDERED A MEETING AND INCLUDE WHERE THE GOVERNMENT BODY RECEIVES INFORMATION FROM GIVES INFORMATION TO ASK QUESTIONS OF OR RECEIVES QUESTIONS FROM ANY THIRD PARTY, INCLUDING AN EMPLOYEE OF A GOVERNMENTAL BODY, ABOUT PUBLIC BUSINESS.
[INAUDIBLE] SOME EXAMPLES OF MEETINGS, A FORMAL MEETING WHICH JANELLE KIND OF TALKED TO YOU ABOUT [INAUDIBLE] OR YOUR FORMAL MEETINGS.
ATTENDANCE AT ANOTHER ENTITY'S MEETING.
ATTENDANCE AT CITY'S BOARD OR COMMITTEE MEETING.
SOCIAL SITUATIONS CAN BE A MEETING IF THERE'S A QUORUM OF INDIVIDUALS AND YOU TALK ABOUT PUBLIC BUSINESS.
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THOSE ARE OPEN MEETINGS OR MEETINGS UNDER THE OPEN MEETINGS ACT.I BRING THAT UP BECAUSE THAT WAS THE SUBJECT OF A CASE AT ONE POINT THAT ACTUALLY LED TO THE WALKING QUORUM ISSUE.
CONVERSATIONS IN THE RESTROOM ABOUT [INAUDIBLE] ITEMS ON THE AGENDA OR ITEMS COMING UP ON THE AGENDA, PUBLIC [INAUDIBLE] TRANSACTION OF PUBLIC BUSINESS.
WHAT'S GOING ON WITH THE CITY RECYCLING CENTER.
THAT PARTICULAR CONVERSATION IF IT MAKES IT TO A QUORUM THAT'S A MEETING AND IT'S PROHIBITED UNLESS IT'S PUBLIC AND YOUR DELIBERATIONS ARE IN THE PUBLIC.
AND EMAILS, OF COURSE, SENDING EMAILS BACK AND FORTH BETWEEN IF YOU RECEIVE AN EMAIL AND I'M GOING TO TALK TO YOU ABOUT THIS IN A MINUTE.
BUT I'LL GO AHEAD AND ADDRESS IT NOW.
IF YOU SEE AN EMAIL THAT'S ADDRESSED TO ALL OF THE COUNCIL MEMBERS A FEW OF THE COUNCIL MEMBERS ONE COUNCIL MEMBER DON'T REPLY TO ALL.
AND I'M SURE YOU ALL ARE AWARE OF THIS.
AND THAT WILL BE IN YOUR TRAINING AS WELL BECAUSE THAT BECOMES A QUORUM.
AND IF THERE'S ANY DISCUSSION ON THOSE EMAILS ABOUT PUBLIC BUSINESS THEN YOU HAVE A WALKING QUORUM.
SO THE ACTUAL DEFINITION OF A WALKING QUORUM USED TO B CONSPIRING TO CIRCUMVENT THE OPEN MEETINGS ACT.
NOW IT HAS BEEN AMENDED, BECAUSE THAT WAS CONSIDERED TO BE VAGUE TO BEING A PUBLIC OFFICER, KNOWINGLY ENGAGING IN AT LEAST ONE COMMUNICATION AMONG A SERIES OF COMMUNICATIONS.
THESE ARE BOTH VERBAL EXCHANGES AND WRITTEN EXCHANGES THAT EACH OCCUR OUTSIDE OF A MEETING AUTHORIZED BY THE ACT THAT CONCERN ISSUES WITHIN THE JURISDICTION OF THE GOVERNING BODY IN WHICH THE MEMBERS ENGAGING IN THE INDIVIDUAL COMMUNICATIONS CONSTITUTE FEWER THAN A QUORUM.
BUT THE MEMBERS ENGAGING IN A SERIES OF COMMUNICATIONS CONSTITUTE A QUORUM OF MEMBERS.
AND THE MEMBERS KNEW AT THE TIME HE OR SHE ENGAGED IN THE COMMUNICATION THAT THE SERIES OF COMMUNICATIONS INVOLVED OR WOULD INVOLVE QUORUM AND WOULD CONSTITUTE A DELIBERATION ONCE A QUORUM OF MEMBERS ENGAGED IN A SERIES OF COMMUNICATIONS AND AGAIN EMAILS ARE COMMUNICATIONS.
REPLYING TO ALL TO ANY EMAIL TO OR FROM COUNCIL MEMBERS CAN BE A QUORUM A PROHIBITED WALKING QUORUM.
CLOSED MEETINGS, EXECUTIVE SESSIONS IS WHAT YOU CALL THEM, YOU CAN ONLY GO INTO A CLOSED MEETING IF YOU HAVE AUTHORIZATION, STATUTORY AUTHORIZATION, AND I'M SURE YOU'RE ALL PRETTY FAMILIAR WITH CONSULTATION WITH THE ATTORNEY PERSONNEL MATTERS, REAL PROPERTY DELIBERATIONS AND ECONOMIC DEVELOPMENT.
AND I JUST THROUGH THIS SLIDE IN HERE, BECAUSE I'M GOING TO TALK TO YOU ABOUT THE PENALTIES AND THE [INAUDIBLE] UNDER THE OPEN MEETINGS ACT.
SO A CLOSED MEETING, AND CLOSED MEETING IS BASICALLY A QUORUM WITH DELIBERATIONS REGARDING PUBLIC INFORMATION OR PUBLIC BUSINESS.
CLOSED MEETINGS HELD IN VIOLATION OF THE ACT IS A CRIMINAL OFFENSE.
MEMBER COMMITS AN OFFENSE IF A CLOSED MEETING IS NOT PERMITTED UNDER THE ACT AND THE MEMBER KNOWINGLY CALLS OR AIDS IN CALLING OR ORGANIZING THE CLOSED MEETING.
CLOSES OR AIDES IN CLOSING THE MEETING TO THE PUBLIC [INAUDIBLE] NOT AUTHORIZED, PARTICIPATES IN THE CLOSED MEETING OR KNOWING ENGAGES IN A WALKING QUORUM.
THE OFFENSE IS A MISDEMEANOR PUNISHABLE BY A FINE ONE HUNDRED TO 500 DOLLARS COUNTY JAIL CONFINEMENT OR BOTH FINE AND CONFINEMENT.
IF IN DOUBT, CONTACT YOUR CITY ATTORNEY AS SOON AS POSSIBLE.
BEVERLY, WE'RE GETTING DISTORTION ON YOUR AUDIO.
BUT YOU'RE SOUNDING VERY MUFFLED.
IT'S A TECHNOLOGY ISSUE, BUT FORTUNATELY, I THINK BEVERLY'S PRESENTATION IS DONE SO.
WE'LL LOOK AT THE TECH ISSUE LATER UNLESS YOU HAVE ANY QUESTIONS FOR HER.
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I HAVE A QUESTION.WALKING QUORUMS AND PHONE CALLS IS IT JUST EMAIL OR IS IT ALSO PHONE CALLS.
IT'S DEFINITELY PHONE CALLS ANY VERBAL EXCHANGES.
[INAUDIBLE] AND THAT'S I DON'T KNOW [INAUDIBLE], CAN Y'ALL HEAR ME.
HAVING A PHONE CALL WITH THE MAYOR ABOUT CITY BUSINESS AND [INAUDIBLE] THE MAYOR OR MR. LISTOWSKI CONTACTING ANOTHER INDIVIDUAL BECAUSE HE DOESN'T UNDERSTAND WHY IS THIS ON THE AGENDA AND THEN CONTACTING MS. ROBB.
YOU KNOW AT THAT POINT, YOU GOT THE QUORUM.
AND I WOULDN'T GET PAST ONE PERSON IF YOU HAVE ANY IDEA THAT YOUR QUESTION OR YOUR CONCERN ABOUT WHAT'S ON THE AGENDA IS GOING TO GO TO ANOTHER COUNCIL MEMBER.
ESSENTIALLY THE DELIBERATIONS NEED TO BE DURING A MEETING.
AND YOU SEE THIS HAPPEN A LOT WHEN THEY'RE IN A MEETING AND THERE'S NO DELIBERATION ON WHATEVER THE [INAUDIBLE] SO THAT ALWAYS RAISES A FLAG OR ESPECIALLY IF IT'S A CONFUSING ITEM OR THERE WASN'T A WORKSHOP ON THAT.
BEVERLY I HAVE A QUESTION ABOUT PHONE CALLS AND JUST OPEN RECORDS ACT, YOU KNOW, OF COURSE, I HAVE A LOT OF PEOPLE CALL ME ON MY PERSONAL CELL PHONE JUST BECAUSE THEY HAVE MY NUMBER.
I MEAN, WHAT'S THE BEST WAY TO HANDLE THAT SHOULD I JUST SAY, CALL ME ON MY CITY PHONE OR IS IT OK TO TAKE THAT CALL AND DISCUSS CITY BUSINESS AT THAT TIME IF THEY CALL ME ON THAT NUMBER.
YOU CAN ALWAYS CHOOSE TO USE YOUR PERSONAL CELL PHONE.
ALONG WITH THAT COMES THESE OBLIGATIONS AND DUTIES UNDER THE PUBLIC INFORMATION ACT.
SO IT'S REALLY WHETHER OR NOT YOU WANT TO HAVE TO SAVE THAT INFORMATION IF THERE'S INFORMATION ON YOUR PHONE, WHICH COULD BE PHONE BILLS.
YOU KNOW INFORMATION THAT YOU WOULD NEED TO RETAIN AND NEEDS TO BE SENT TO THE CITY.
HOW LONG DOES THAT INFORMATION HAVE TO BE RETAINED? THAT MAYBE A QUESTION FOR JANELLE.
IT DEPENDS ON THE TYPE OF INFORMATION AND THE RECORD MANAGEMENT PUBLICLY OF THE CITY.
AND SO ON PHONE RECORDS, BASICALLY, SOMEBODY COULD ASK FOR, YOU KNOW, THE NUMBERS THAT CONTACTED YOU ON YOUR PERSONAL CELL PHONE.
IS THAT THE INFORMATION THAT THEY WOULD ASK FOR AND YOU COULD PROVIDE.
AND THERE MAYBE AN OPPORTUNITY [INAUDIBLE] INFORMATION OR NUMBERS THAT [INAUDIBLE] PUBLIC NUMBERS SO THE NUMBERS THAT WOULD BE PUBLIC INFORMATION WOULD BE THOSE WHERE YOU CONDUCT PUBLIC BUSINESS.
YOU WOULD JUST HAVE TO GO THROUGH THAT.
I JUST WANTED TO MAKE A COMMENT.
HOW I HANDLE THAT, JOHN, IS I JUST GIVE THEM MY CITY CELL NUMBER AND SAY FOR CITY BUSINESS, IT'S BEST TO CALL ME ON THIS.
IF IT'S ABOUT SOMETHING PERSONAL, THEN FEEL FREE TO CALL MY PERSONAL PHONE.
IF SOMEONE CALLS ME ON MY CITY PHONE AND I VISIT WITH THEM, OF COURSE, IF THERE'S AN OPEN MEETINGS REQUEST AS JOHN HAD MENTIONED THE ONLY THING THEY CAN GET IS JUST THE RECORD OF THE PHONE CALLS THAT CAME IN.
I GUESS I SHOULDN'T BE DOING THIS ON MY CITY PHONE.
I GO IN AND DELETE MY RECENT CALLS BECAUSE I GET SO MANY OF THEM THAT THEY START PILING UP.
LET THOSE CONTINUE TO RUN AND KEEP THOSE ARCHIVED ON THE PHONE.
WELL, I THINK THOSE WOULD BE WHAT'S CONSIDERED TRANSITORY INFORMATION.
AND I'M NOT SURE IF THE IT DEPARTMENT OR WHO ACTUALLY YOU KNOW IF THERE IS A WAY [INAUDIBLE] THAT PHONE IS AUTOMATICALLY BACKED UP.
YOU'RE NOT REQUIRED TO, BUT I DON'T BELIEVE THIS BUT I'LL LOOK IT UP AND SEND YOU A MESSAGE MAYOR.
BUT I DON'T BELIEVE YOU WOULD BE REQUIRED TO KEEP ALL OF THEM ON YOUR PHONE.
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MAYOR, IF I MAY THE PHONE CALLS THAT COME IN TO YOUR CITY PHONE ARE DOCUMENTED BY THE CARRIER AND THEY'RE RETAINED FOR A TWENTY FOUR MONTH PERIOD.OK, SO IF I DELETE THOSE MY RECENT CALLS AND KEEP THOSE DELETED, THEY'RE STILL ARCHIVED WITH THE CARRIER.
I HAVE A QUESTION ON THOSE DELETIONS OR THE RECORDINGS AREN'T THEY ON THE BILLING THAT THE CITY GETS AND KEEPS A RECORD OF IT.
ON THE I'M ASSUMING YOU'RE TALKING ABOUT THE CITY CELL PHONE.
[INAUDIBLE] HOPE [INAUDIBLE] ANSWERED THAT QUESTION.
BUT DOES THE CITY HAVE A RECORD OF THOSE THAT THEY KEEP IN THEIR ARCHIVES FOR A LONGER PERIOD OF TIME? COUNCILMAN QUIROGA, I'LL HAVE TO CHECK WITH ACCOUNTING, I BELIEVE THAT THE BILL DOES DISPLAY A LIST OF THOSE PHONE RECORDS, BUT I'LL HAVE TO VERIFY THAT AND GET BACK WITH YOU.
I'M PRETTY SURE I USED TO WORK FOR A UTILITY THEY USED TO SEND OUT THE BILLS AND THEY HAVE THE TELEPHONE NUMBER, WHO YOU CALL AND THE NUMBER OF MINUTES THAT YOU TALKED ON THAT CONVERSATION.
I WILL VERIFY THAT AND GET BACK TO YOU.
JUST A QUESTION, TOO, ON THE CARRIER IT ARCHIVES THESE DO THEY ARCHIVE VOICE MESSAGES ALSO THAT ARE LEFT.
THE RECORD WILL SHOW THAT THERE IS A VOICEMAIL.
WHAT'S CONTAINED SPECIFICALLY IN THAT VOICEMAIL WE DON'T HAVE ACCESS TO.
THEY DO SHOW WHERE THERE WAS A VOICEMAIL THAT WAS LEFT.
BUT THE CONTENTS OF THAT VOICEMAIL ARE NOT KNOWN.
YOU CAN'T JUST GIVE INFORMATION ON A VOICE RECORDER UNLESS YOU'RE PART OF THE CONVERSATION IN THE STATE OF TEXAS.
WE DON'T HAVE ACCESS TO VOICEMAIL'S.
COULD SOMEONE REQUEST THAT INFORMATION IF THEY WANTED IT.
I BELIEVE THAT'S A LEGAL QUESTION AND IT WOULD HAVE TO BE DONE VIA SUBPOENA THROUGH THE CARRIER WOULD REQUIRE A SUBPOENA FOR THAT, IF I'M NOT MISTAKEN.
BUT THAT'S DEFINITELY SOMETHING WORTHY OF FOLLOWING UP ON.
AND SO JUST A LITTLE FURTHER THAT I MEAN, I DELETE THOSE VOICEMAILS ONCE I ANSWER THE VOICEMAIL, I USUALLY DELETE THEM JUST TO CLEAR OUT THAT INBOX.
AND SO THAT'S NOT SOMETHING THAT'S A PROBLEM.
I THINK THAT WOULD BE CONSIDERED TRANSITORY [INAUDIBLE] INFORMATION, BUT AGAIN THAT IS SOMETHING THAT I CAN LOOK UP [INAUDIBLE] OKAY.
COUNCIL [INAUDIBLE] I THINK WE LOST HIM.
CRAIG, WE'VE LOST YOU TWO OR THREE TIMES OVER THE COURSE OF THE LAST 30 MINUTES HERE.
DID WE LOSE HIM COMPLETELY THIS TIME.
CRAIG, CAN YOU HEAR ME? DAVID, CAN YOU HEAR ME, DAVID? YEAH, WE CAN HEAR YOU NOW.
YOU'VE DROPPED OUT TWO OR THREE TIMES HERE IN THE LAST FEW MINUTES OR LESS.
WELL, I THINK YOU'RE BACK WITH US NOW.
I'M GOING TO GO ON ANOTHER SCREEN HERE.
[00:35:22]
YES, IT'S PRETTY GOOD.OK, I'M GOING TO STAY ON THIS COMPUTER, BEVERLY, ANYTHING ELSE THAT YOU WANTED TO MENTION? NO.
THAT'S ALL I HAVE, UNLESS YOU HAVE MORE QUESTIONS.
COUNCIL ANY QUESTIONS FOR BEVERLY? THANK YOU, BEVERLY, VERY MUCH, APPRECIATE IT.
THANK YOU ALL IT'S BEEN A PLEASURE.
WE'RE MOVING TO ITEM 3C IF WE COULD PLEASE JANELLE.
[3.C. Structure Of Agenda Items]
ITEM 3C STRUCTURE OF AGENDA ITEMS. AND JANELLE I THINK YOU'RE GOING TO HANDLE ALL OF THESE.OK, THE FIRST SUBJECT IS POSTING AGENDAS, THE CITY SECRETARY'S OFFICE PREPARES AND POSTS THE CITY COUNCIL AGENDAS AND THE PACKET DOCUMENTS, AND WE ALSO POST ALL OTHER BOARD AND COMMITTEE AGENDAS.
TO ENSURE COMPLIANCE WITH THE OPEN MEETINGS ACT THE NOTICE OF MEETING MUST BE POSTED AT LEAST 72 HOURS BEFORE THE SCHEDULED TIME OF THE MEETING.
THE CONTENT OF THE NOTICE THE OPEN MEETINGS ACTS SAYS A GOVERNMENTAL BODY MUST GIVE THE PUBLIC ADVANCED NOTICE OF THE SUBJECTS TO BE CONSIDERED.
ANY ACTIONS TAKEN IN VIOLATION OF THE NOTICE REQUIREMENTS OF THE ACT ARE VOIDABLE.
IN OTHER WORDS, THE WORDING OF THE AGENDA ITEMS MUST GIVE FAIR NOTICE TO THE PUBLIC OR COUNCIL WOULD BE IN A VIOLATION OF THE MEETINGS ACT.
JANELLE, I THINK SOMEONE HAS OR IS NOT MUTED, SO WE'RE GETTING A REVERBERATION.
IS THAT BETTER? CAN YOU HEAR ME? I HEAR YOU FINE, JANELLE, I'M NOT SURE IF COUNCILWOMAN ROBB THOUGH MAY HAVE SOME PROBLEMS. YES.
OK, SO THE PLACE OF POSTING NOTICES MUST BE POSTED ON THE BULLETIN BOARD AT A PLACE CONVENIENT TO THE PUBLIC AT CITY HALL.
AND THEY ALSO MUST BE POSTED ON THE CITY WEBSITE.
AFTER THE MEETING'S RECORDINGS OF COUNCIL MEETINGS MUST BE POSTED ON THE INTERNET NOT LATER THAN SEVEN DAYS AFTER THE MEETING.
AND THEY MUST REMAIN ON THE INTERNET FOR NOT LESS THAN TWO YEARS.
OK, SO WE HAVE A FEW AGENDA DEADLINES I'M GOING TO TALK ABOUT.
UNDER THE OPEN MEETINGS ACT, THE STATUTORY DEADLINE TO POST AN AGENDA IS 72 HOURS PRIOR TO A MEETING, EXCEPT FOR EMERGENCY MEETINGS WHERE THE DEADLINE IS ONE HOUR PRIOR TO THE MEETING.
IN TWENTY EIGHTEEN, THE CITY COUNCIL ADOPTED AN ORDINANCE THAT REQUIRES CITY COUNCIL MEMBERS TO SUBMIT ITEMS FOR THE AGENDA NOT LATER THAN NOON ON THE SEVENTH DAY PRIOR TO THE MEETING.
AND THEN STAFF'S INTERNAL PROCEDURE REQUIRES STAFF MEMBERS TO SUBMIT ITEMS FOR THE AGENDA, NOT LATER THAN NOON ON THE EIGHTH DAY PRIOR TO THE MEETING.
OUR AGENDA PREPARATION PROCESS IS AN ELECTRONIC PROCESS, WE CONVERTED TO ELECTRONIC SEVERAL YEARS AGO, SO STAFF MEMBERS UPLOAD THEIR AGENDA ITEMS TO THE ONLINE AGENDA CENTER ON THE CITY'S WEBSITE.
THERE'S AN APPROVAL WORKFLOW THAT ALL STAFF INITIATED AGENDA ITEMS GO THROUGH, IT'S A FOUR PART APPROVAL WORKFLOW AND IT GOES THROUGH THE CITY SECRETARY, THE CITY
[00:40:02]
ATTORNEY, FINANCE AND CITY MANAGER PRIOR TO PLACEMENT ON ANY AGENDA.MAYOR OR [INAUDIBLE] COUNCIL MEMBERS MAY PLACE ITEMS ON AN AGENDA.
MAYOR BROWN HAS OFFERED TO BE THE AUTOMATIC SECOND FOR ANY COUNCIL MEMBER WANTING TO PLACE AN ITEM ON THE AGENDA.
SO YOU WON'T HAVE TO GO AND FIND ANOTHER COUNCIL MEMBER IF YOU WANT TO PLACE SOMETHING ON THE AGENDA YOU CAN SEND IT TO ME.
AND DR. BROWN HAS SAID THAT HE WOULD BE YOUR AUTOMATIC SECOND.
ONCE ALL ITEMS ARE APPROVED, THE AGENDA IS PUBLISHED ON THE WEBSITE.
WE PROVIDE IT TO COUNCIL AND ALSO TO THE GENERAL PUBLIC IN AN HTML FORMAT THAT ALLOWS USERS TO CLICK ON EVERY ITEM INDIVIDUALLY.
THE DRAFT AGENDA, IS POSTED SEVEN DAYS PRIOR TO THE MEETING AND THE FINAL IS POSTED SIX DAYS PRIOR.
SO USING JANUARY 28TH AS AN EXAMPLE FOR THAT MEETING, STAFF'S DEADLINE TO SUBMIT ITEMS IS JANUARY 20TH AT NOON ON THAT WEDNESDAY.
AND THEN COUNCIL'S DEADLINE IS THURSDAY, JANUARY 21ST AT NOON.
AFTER COUNCIL'S DEADLINE A DRAFT AGENDA IS SENT OUT ON THAT THURSDAY AND THEN ON THAT FRIDAY, JANUARY 22ND THE FINAL AGENDA WILL BE POSTED AT NOON.
ANY QUESTIONS ABOUT THAT? WHAT IF WE WANT TO ADD SUPPLEMENTS TO A ITEM LIKE PHOTOGRAPHS OR VIDEO A PRESENTATION OR SOMETHING LIKE THAT? SO PACKET DOCUMENTS REALLY NEED TO BE SUBMITTED AT THE SAME TIME THAT THE AGENDA ITEM IS SUBMITTED SO THEY CAN BE POSTED ON THE WEBSITE.
SO I WOULD NEED THOSE ON A THURSDAY AT NOON.
DOES THAT ANSWER YOUR QUESTION.
SO WHAT'S THE PROCEDURE OR WHAT'S THE REASON SUBMITTING THAT PRELIMINARY AGENDA ON THE THURSDAY AND THEN THE FINAL ONE ON THE FRIDAY.
WHAT DO YOU ALL DO IN BETWEEN THAT PERIOD THAT MIGHT CHANGE SOMETHING.
REALLY THAT'S JUST A TIME FOR COUNCIL TO REVIEW THE AGENDA AND MAKE SURE THAT NOTHING IS FORGOTTEN? [INAUDIBLE] SEND SOMETHING TO ME IN AN EMAIL AND MISSED IT.
THEY COULD CALL ME UP AND SAY, HEY, MY ITEM IS NOT ON THERE.
NOTHING ELSE HAPPENS DURING THAT TIME.
JANELLE YOU HAD MENTIONED THAT THE POSTING IS ONE HOUR FOR EMERGENCY CALLED MEETINGS, IS THAT CORRECT? YES, SIR, THAT'S CORRECT.
WHAT CONSTITUTES AN EMERGENCY CALLED MEETING? WHAT KIND OF CRITERIA HAS TO BE MET FOR THAT.
IN THE OPEN [INAUDIBLE] ACT AN EMERGENCY CAN ONLY BE HELD IF IMMEDIATE ACTION IS NEEDED BY THE COUNCIL BECAUSE OF THERE ARE A FEW THINGS I'M GOING TO READ THEM.
AN IMMINENT THREAT TO PUBLIC HEALTH AND SAFETY A REASONABLY UNFORESEEN SITUATION, INCLUDING A FIRE, FLOOD, EARTHQUAKE, HURRICANE, TORNADO WIND, RAIN OR SNOW STORM A POWER FAILURE OR TRANSPORTATION FAILURE OR INTERRUPTION OF COMMUNICATION FACILITIES AND EPIDEMIC OR A RIOT, CIVIL DISTURBANCE, ENEMY ATTACK OR OTHER ACTUAL OR THREATENED ACT OF LAWLESSNESS OR VIOLENCE.
THAT CONSTITUTES AN EMERGENCY MEETING.
THANK YOU, JANELLE, APPRECIATE THAT.
AND MOVING TO ITEM THREE D, IF WE COULD, PLEASE.
[3.D. Conflicts Of Interest]
ITEM THREE, D, CONFLICTS OF INTEREST.AND I THINK OUR ASSISTANT CITY ATTORNEY, BARRY WILLEY, WILL BE PRESENTING FOR THIS.
BARRY? HI, HOW'RE YOU DOING? MY NAME'S BARRY WILLIEY; I'M THE ASST.
CITY ATTORNEY HERE AND I'LL BE GIVING YOU AN INTRODUCTION INTO CONFLICTS OF INTEREST AND SOME MINOR ISSUES REGARDING ETHICS ON THAT.
LET ME GET MY PRESENTATION UP HERE AND SEE IF WE CAN GET THIS GOING.
[00:45:03]
ARE YOU SAYING THAT? YES, YES, WE ARE.THE FIRST THING I'D LIKE TO TALK ABOUT IS, YOU KNOW, WHAT IS A CONFLICT OF INTEREST? WE WILL BE GOING INTO SOME OF THE SOURCES OF THE LAW FOR CONFLICTS HERE IN THE STATE OF TEXAS.
AND I'M GOING TO COVER A FEW BASIC ETHICAL GUIDELINES THAT ARE SET OUT IN OUR CODE OF ETHICS HERE IN THE CITY AND SOME THAT ARE COVERED UNDER STATE LAW.
NOW, WHAT IS A CONFLICT OF INTEREST? BASICALLY, IT'S A TERM USED IN CONNECTION WITH PUBLIC OFFICIALS AND THEIR RELATIONSHIP TO MATTERS OF PRIVATE INTEREST TO THEM OR GAIN TO THEM.
NOW, A CONFLICT OF INTEREST ARISES WHEN A PUBLIC OFFICIAL OR GOVERNMENT EMPLOYEES, PERSONAL OR FINANCIAL INTERESTS, CONFLICTS OR APPEARS TO CONFLICT WITH HIS OFFICIAL RESPONSIBILITIES.
NOW, THESE CONFLICTS APPLY TO VARIOUS PEOPLE.
NOW, GENERALLY IN TEXAS, CONFLICTS OF INTEREST ARE GOVERNED UNDER CHAPTER 171 OF THE LOCAL GOVERNMENT CODE.
AND THIS COVERS MORE THAN JUST MUNICIPALITIES.
IT ALSO COVERS OTHER GOVERNMENTAL ENTITIES, DISTRICTS, THINGS OF THAT NATURE.
THIS WOULD ALSO APPLY TO, YOU KNOW, VARIOUS BOARDS THAT THE CITY MAY HAVE.
ALSO, CHAPTER 176 OF THE CODE COVERS REQUIREMENTS FOR DISCLOSURES.
NOW, ESSENTIALLY, THIS CHAPTER ONE SEVENTY SIX SETS OUT WHEN VENDORS MUST FILE QUESTIONNAIRES WITH THE CITIES ON ANY TYPE OF FINANCIAL INTERESTS OR THINGS OF THAT NATURE THAT THEY MAY HAVE WITH A PUBLIC OFFICIAL OR GOVERNMENTAL ENTITY.
AND I'LL GET INTO A LITTLE MORE OF THAT LATER.
ALSO, I'M GOING TO GO OVER BRIEFLY SOME OF THE CODE OF ETHICS IN THE CITY OF GALVESTON.
IT'S UNDER OUR CHARTER, I BELIEVE, PART ONE, CHAPTER TWO, ARTICLE TWO, DIVISION THREE.
AND I BELIEVE IT'S IMPORTANT FOR AT LEAST YOU ALL TO GET A COPY OF THAT AND PERUSE IT.
YOU DON'T NEED TO MEMORIZE IT OR ANYTHING.
IT WILL MAKE YOU AWARE OF A LOT OF ISSUES THAT MIGHT COME UP AND THAT YOU NEED TO BE AWARE OF.
NOW, CHAPTER 171 ESSENTIALLY REQUIRES THAT A LOCAL PUBLIC OFFICIAL MUST FILE AN AFFIDAVIT BEFORE A VOTE OR DISCUSSION INVOLVING A BUSINESS OR REAL PROPERTY IN WHICH SHE HAS A SUBSTANTIAL INTEREST.
ESSENTIALLY, ONCE YOU AND THIS COMES OUT INTO PLAY, IF ALSO IF YOU HAVE A FAMILY MEMBER WHO HAS AN INTEREST IN NOW, I'LL TALK ABOUT WHAT A SUBSTANTIAL INTEREST IS LATER ON.
BUT IF YOU DO HAVE THAT INTEREST OR A FAMILY MEMBER DOES, YOU'RE GOING TO HAVE TO FILE AN AFFIDAVIT OF DISCLOSURE WITH THE CITY AND YOU'RE GOING TO HAVE TO ABSTAIN FROM ANY DISCUSSIONS OR VOTES ON THE ISSUE WHERE THAT CONFLICT ARISES.
NOW, THE STATUTE TALKS ABOUT A LOCAL PUBLIC OFFICIAL AS CITY COUNCIL MEMBERS, YOU ARE PUBLIC OFFICIALS UNDER THE STATUTE.
NOW, IT ALSO COVERS OFFICERS, WHETHER ELECTED OR APPOINTED, PAID OR UNPAID, AND APPLIES TO DISTRICTS, COUNTIES, MUNICIPALITIES, PRECINCTS.
IT WOULD ALSO APPLY PROBABLY TO BOARDS WHO HAVE AUTHORITY FOR APPROVAL OF PLANS, THINGS OF THAT NATURE.
I WON'T GET INTO THE DETAILS OF THAT, SINCE IT DOESN'T REALLY APPLY TO YOU, THOUGH.
NOW, A SUBSTANTIAL INTEREST HAS A SOMEWHAT TECHNICAL DEFINITIONS AND YOU DON'T NEED TO MEMORIZE THESE, BUT YOU JUST NEED TO BE AWARE.
SO IF YOU HAVE ANY INTEREST IN SOMETHING, YOU CAN TAKE A LITTLE DEEPER LOOK, COME TO US.
WE CAN GIVE YOU ADVICE ON WHETHER OR NOT WE THINK IT'S GOING TO FALL UNDER THESE CONFLICT STATUTES.
NOW, YOU'VE GOT A SUBSTANTIAL INTEREST IF YOU OWN 10 PERCENT OR MORE OF THE VOTING STOCK OR SHARES OF A BUSINESS ENTITY, OR YOU OWN EITHER 10 PERCENT OR MORE OR FIFTEEN THOUSAND DOLLARS OR MORE OF THE FAIR MARKET VALUE OF A BUSINESS ENTITY.
YOU ALSO OWN A SUBSTANTIAL INTEREST OR HAVE A SUBSTANTIAL INTEREST IF THE FUNDS RECEIVED BY YOU FROM THE BUSINESS ENTITY SENT 10 PERCENT OF YOUR GROSS INCOME FOR THE PRIOR YEAR.
IN REGARDS TO REAL PROPERTY, YOU HAVE A SUBSTANTIAL INTEREST IF YOU'RE LEGAL OR INTEREST IS EQUAL TO OR GREATER THAN TWENTY FIVE HUNDRED DOLLARS.
[00:50:07]
NOW, THIS IS JUST KIND OF A SUMMARY OF THE THINGS I JUST MENTIONED, YOU OWN 10 PERCENT OR GREATER OF THE BUSINESS OR YOU OWN GREATER THAN 10 PERCENT OR FIFTEEN THOUSAND DOLLARS, THE FAIR MARKET VALUE OR THE FUNDS YOU RECEIVE WERE GREATER THAN 10 PERCENT OR EQUAL TO OF YOUR GROSS INCOME.ALSO, TWENTY FIVE HUNDRED DOLLARS OWNERSHIP IN REAL PROPERTY.
DOES THAT PERTAIN TO LEASING? YES, IT WOULD.
LEASING IS CONSIDERED AN OWNERSHIP INTEREST.
IT'S ONE OF THOSE BUNDLE OF STICKS IN PROPERTY LAW WHERE YOU HAVE AT LEAST A LIMITED OWNERSHIP INTEREST.
AND IT WOULD DEPEND ON, YOU KNOW, THE DETAILS OF THE LEASE.
I WOULD SAY I'D HAVE TO LOOK THAT UP.
I HAVEN'T GONE INTO DETAIL, BUT SUPPOSE YOU OWNED OR YOU WERE LEASING, YOU HAD A LONG TERM LEASE ON A BUILDING AND YOU WANTED TO LEASE IT CITY SUBWAYS TO THE CITY.
YOU WOULD HAVE AN OWNERSHIP INTEREST IN THAT.
YOU WOULD HAVE TO DISCLOSE THAT BEFORE THAT LEASE TOOK PLACE.
WHAT ABOUT IF WE HAD A BUSINESS OUT THERE? LET'S SAY I OWN A BUILDING AND SOME PROMOTER OR CONTRACTOR OUT THERE WANTS TO LEASE THAT BUILDING FROM ME.
FROM YOU INDIVIDUALLY? CORRECT.
AND THIS WOULD BE A CITY, SOMEBODY WHO IS A VENDOR WITH THE CITY? CORRECT? THERE WOULD DEFINITELY BE SOME DISCLOSURE REQUIREMENTS.
NOW UNDER ONE SEVENTY ONE, THE CITY'S NOT TAKING ANY ACTION ON THIS.
SO UNLESS THERE'S DISCUSSION WITH THE CITY, CHAPTER 171 WOULDN'T COME INTO PLAY.
BUT UNDER CHAPTER 176, I'LL GET INTO THAT A LITTLE LATER.
THERE ARE DISCLOSURE REQUIREMENTS THAT WOULD HAVE TO BE MADE BY THAT VENDOR, BY THAT VENDOR OR THE PUBLIC OFFICIAL.
WELL, THE PUBLIC OFFICIAL MIGHT HAVE TO MAKE A DISCLOSURE, TOO, BUT TYPICALLY THE PUBLIC OFFICIALS DISCLOSURES COME INTO PLAY WHEN THAT VENDORS DOING BUSINESS WITH THE CITY OR THERE'S SOME TYPE OF DISCUSSION THAT THAT VENDORS THINKING OF ENTERING INTO THE CONTRACT WITH THE CITY, SOMETHING OF THAT NATURE.
NOW, REMEMBER, THAT SUBSTANTIAL INTEREST ALSO APPLIES IF YOU HAVE A FAMILY MEMBER WITHIN THE FIRST DEGREE OF CONSANGUINITY OR AFFINITY, IF THEY HAVE THAT INTEREST, WHAT THAT MEANS IS IF THE PARENTS, CHILDREN OR SPOUSE HAVE THAT INTEREST, THAT INTEREST IS IMPUTED TO YOU FOR PURPOSES OF THIS STATUTE.
NOW, IF THAT SUBSTANTIAL INTEREST EXISTS, THAT'S WHEN YOU HAVE TO FILE AN AFFIDAVIT WITH THE CITY SECRETARY AND ABSTAIN FROM ANY DISCUSSIONS.
NOW, THE CITY SECRETARY HAS A FORM THAT YOU CAN GET FROM HER, THAT YOU CAN FILL OUT SOMETHING LIKE THIS.
I DON'T BELIEVE THIS IS THE EXACT FORM THAT SHE USES, BUT IT HAS A CHECKLIST OF POTENTIAL CONFLICTS OR SPOT WHERE YOU CAN KIND OF FILL IN AND THE PUBLIC WILL HAVE ACCESS TO THIS.
IT'S GOING TO BE A PUBLIC RECORD.
THE POINT OF THIS IS TO MAKE SURE THAT THAT INTEREST IS KNOWN TO THE PUBLIC AND THERE'S NOT ANY BACK DOOR DIDDLING GOING ON.
NOW THE TIME FOR FILING THIS AFFIDAVIT: GOT TO BE FILED BEFORE ANY VOTE OR DECISION OR DISCUSSION INVOLVING THAT BUSINESS ENTITY OR THE REAL PROPERTY.
SO, LIKE, IF THE COUNTY OR THE CITY IS CONSIDERING ENTERING INTO AN AGREEMENT WITH A VENDOR AND YOU HAVE AN INTEREST IN THAT, THEN YOU'VE GOT TO FILE THAT BEFORE ANY DISCUSSION TAKES PLACE AT CITY COUNCIL.
AND YOU ALSO ABSTAIN FROM ANY PARTICIPATION IN THE DISCUSSION.
WHAT'S THE PENALTY IF YOU DON'T? I BELIEVE IT'S A CLASS A MISDEMEANOR.
THERE ARE SOME OTHER DETAILS FOR VIOLATIONS OF THAT STATUTE THAT HAVE TO BE MET ON WHETHER IT'S, YOU KNOW, A SUBSTANTIAL ECONOMIC IMPACT FOR THE VENDOR THINGS OF THAT NATURE.
SO YOU THINK YOU MIGHT HAVE AN ISSUE WITH THIS, PLEASE COME SEE US.
IF NOT, YOU CAN ALWAYS CONTACT PERSONAL COUNSEL ON THIS.
COULD THIS BE RETROACTIVE? WELL, I'M NOT SURE HOW THIS WOULD BE A PRETTY FACTUAL SCENARIO ON SOMETHING WHEN YOU SAY RETROACTIVE.
NOW, IF YOU WERE A PUBLIC OFFICER WHEN SOMETHING LIKE THAT TOOK PLACE, IT WOULD HAVE TO DEPEND ON A STATUTE OF LIMITATIONS ISSUE.
[00:55:04]
SO I'D PROBABLY HAVE TO GET INTO A LOT MORE DETAILS IN TERMS OF RETROACTIVE.WE'LL BE GLAD TO TALK WITH YOU THAT OFFLINE, IF YOU LIKE.
YOU DON'T KNOW OFF THE BAT, WHAT THE STATUTES OF TWO YEARS, THREE YEARS.
I CAN GET FOR YOU IF YOU'D LIKE, BUT I DON'T TELL YOU THE WRONG THING.
NOW, CHAPTER 176, GOVERNS BASICALLY DISCLOSURES OF RELATIONSHIPS.
NOW IT REQUIRES DISCLOSURES WHEN AN OFFICER OF A GOVERNMENTAL BODY OR FAMILY MEMBER HAS AN EMPLOYMENT OR BUSINESS RELATIONSHIP WITH A PERSON WHO MUST FILE A QUESTIONNAIRE.
AND THESE INDIVIDUALS RECEIVE MORE THAN TWENTY FIVE HUNDRED DOLLARS FROM THAT RELATIONSHIP.
OK, NOW, I'M NOT GOING TO GET INTO THE DETAILS OF WHO MUST FILE A QUESTIONNAIRE.
THERE'S SOME TECHNICAL ASPECTS OF IT BASICALLY APPLIES TO VENDORS WITH THE CITY AND THEY WILL HAVE TO FILE THAT QUESTIONNAIRE REGARDLESS.
THAT'S GOING TO BE THEIR RESPONSIBILITY.
NOW, WE DO NEED TO KIND OF MAKE SURE THAT THOSE VENDORS DO FILE THOSE AND KEEP AN EYE ON IT.
BUT SO BASICALLY VENDORS ARE DOING RELATIONSHIP WITH THE CITY, THEY NEED TO GO AHEAD AND FILE THOSE QUESTIONNAIRES, INDICATE WHETHER, YOU KNOW, WHAT BUSINESS RELATIONSHIPS THEY MIGHT HAVE WITH THE PUBLIC OFFICIAL.
NOW, IF YOU'VE ALSO RECEIVED ANY GIFTS OR YOUR FAMILY MEMBER HAS RECEIVED GIFTS IN THE 12 MONTHS PRIOR GIFTS TOTALING MORE THAN ONE HUNDRED DOLLARS, YOU'D HAVE TO ALSO FILE A DISCLOSURE ON THAT.
NOW, THIS IS REMEMBER, APPLIES TO OFFICIAL FAMILY MEMBERS, IF THEY RECEIVE GREATER OR EQUAL TO TWENTY FIVE HUNDRED DOLLARS FROM EMPLOYMENT OR A BUSINESS RELATIONSHIP.
OR IF OFFICIAL OR FAMILY MEMBERS RECEIVED GREATER THAN OR EQUAL TO 100 DOLLARS AND GIFTS FROM THAT PERSON WHO CONTRACTS WITH THE CITY OR THE CITY IS CONSIDERING DOING BUSINESS.
SO, FOR EXAMPLE, IF THE CITY WAS CONSIDERING ENTERING INTO AN AGREEMENT WITH A VENDOR, WAS CONSIDERING ENTERING INTO AN AGREEMENT WITH THE CITY TO REPAIR ROADS OR SOMETHING, AND THEY HAD GIVEN A GIFT IN THE LAST 12 MONTHS, TO A CITY OFFICIAL THAT WOULD HAVE TO BE REVEALED IN A DISCLOSURE.
WHAT ABOUT IF ACCUMULATION OF VENDORS GAVE TO AN OFFICIAL.
IS THAT CONFLICT OF INTEREST AND NEEDS TO BE REPORTED? WHEN YOU SAY--IT WOULD DEPEND, I WOULD PROBABLY SAY YES.
I MEAN, IT'S ALWAYS BEST IF YOU IF THERE'S A QUESTION, YOU CAN ALWAYS GET DOWN TO THE DETAILS OF WHO GAVE THE GIFT, HOW MUCH THEY WERE.
IF WHEN YOU SAY CUMULATIVE, IT'S CUMULATIVE TO THE CITY OFFICIAL FROM ONE VENDOR OR A LIST OF VENDORS.
BUT IT'S ALWAYS BETTER TO ERR ON THE SIDE OF CAUTION AND DISCLOSE THESE THINGS IF YOU THINK THERE'S AN ISSUE.
NOW, THERE ARE CERTAIN EXCEPTIONS UNDER ONE SEVENTY SIX, ONE WOULD BE FOOD ACCEPTED AS A GUEST OF THAT INDIVIDUAL, AND THE SECOND WOULD BE POLITICAL CONTRIBUTIONS UNDER THE ELECTION CODE.
I'M NOT GOING TO GET INTO THE DETAILS OF THE POLITICAL CONTRIBUTIONS UNDER THE ELECTION CODE.
YOU ALL SHOULD BE AWARE OF THAT AND KEEP YOUR OWN BOOKS FOR THOSE POLITICAL PURPOSES.
AND SO YOU SHOULD BE AWARE OF ANYTHING OF THAT NATURE.
THERE'S REALLY NOT MUCH DISCUSSION IN TERMS OF FOOD ACCEPTED AS A GUEST.
I WOULD SAY IT'S PROBABLY EQUIVALENT OF IF YOU HAD A PERSONAL FRIEND WHO INVITED YOU OVER FOR DINNER AND YOU HAD DINNER AT THEIR HOUSE, YOU WOULD BE A GUEST.
THAT WOULDN'T HAVE TO BE SOMETHING THAT WOULD BE DISCLOSED NECESSARILY.
NOW, YOU COMMIT A VIOLATION UNDER THIS, IF YOU'RE REQUIRED TO FILE A DISCLOSURE UNDER 17603 AND YOU KNOWINGLY FAIL TO FILE THAT REQUIRED DISCLOSURE STATEMENT WITH THE RECORDS ADMINISTRATOR, WHICH WOULD BE THE SECRETARY NO LATER THAN FIVE P.M.
ON THE SEVENTH BUSINESS DAY AFTER THE DATE ON WHICH THE OFFICER BECOMES AWARE OF THE FACTS THAT REQUIRE THE FILING OF A STATEMENT.
NOW, THAT'S SOMEWHAT SUBJECTIVE IN TERMS OF, YOU KNOW, MAYBE WHEN YOU SHOULD HAVE KNOWN OR WHEN YOU SHOULD HAVE BECOME AWARE OF THE FACTS OF THE FILING OF A
[01:00:04]
STATEMENT.BUT LIKE I SAY, MAKE SURE YOU'RE JUST AWARE THAT IT'S BETTER TO FILE ANY TIME, EVEN IF IT IS LATE.
NOW PENALTY VARIES ON THIS STATUTE, DEPENDING ON THE AMOUNT OF THE CONTRACT THAT THE VENDOR HAS WITH THE CITY.
IT VARIES FROM A CLASS C MISDEMEANOR TO A CLASS A MISDEMEANOR.
AND I BELIEVE, YOU KNOW, IF IT'S YEAH, I DIDN'T WANT TO GET DOWN INTO THE WEEDS.
BUT IF YOU HAVE ANY QUESTIONS ON THE BREAK OUT BETWEEN THE CLASS C, AND THE CLASS A, SEND ME A MESSAGE AND I'LL BE GLAD TO GET THAT INFORMATION TO YOU.
NOW, ADDITIONAL CONFLICT PROVISIONS THAT ARE DIFFERENT FROM THE STATUTORY PROVISIONS WE TALKED ABOUT.
ONE, IS PLAT APPROVALS? NOW, THERE IS SOME OVERLAP IN THESE THINGS, BUT THEY ALSO HAVE SOME ADDITIONAL, AS A PRACTICAL MATTER, THERE WOULD BE OVERLAP IN THESE PLAT APPROVAL ISSUES IF YOU WERE DOING DEVELOPING.
BUT THEY DO HAVE SEPARATE STATUTES.
AND I WANTED TO MAKE YOU AWARE OF IT.
NOW, IF A MEMBER OF TH MUNICIPAL AUTHORITY HAS RESPONSIBILITY FOR APPROVING PLATS, YOU HAVE A SUBSTANTIAL INTEREST IN THAT SUBDIVIDED TRACT.
YOU'VE GOT TO FILE AN AFFIDAVIT STATING THE NATURE AND EXTENT OF THE INTEREST, AND YOU ALSO HAVE TO OBTAIN PARTICIPATION IN ANY DISCUSSIONS.
THE OTHER IS THE SELECTION OF A CITY DEPOSITORY.
IF A BANK OVER ESSENTIALLY BANK'S DISQUALIFIED FOR SERVING AS A DEPOSITORY OF THE CITY, IF AN OFFICER EMPLOYEE OF THE CITY HAS A DUTY TO SELECT THE DEPOSITORY OWNS OR HAS A BENEFICIAL INTEREST INDIVIDUALLY OR COLLECTIVELY, MORE THAN 10 PERCENT IN THE OUTSTANDING CAPITAL STOCK OF THE BANK.
I DON'T THINK WE'LL HAVE ANY PROBLEMS WITH THIS.
IF YOU HAVE ANY QUESTIONS ABOUT IT OR DETAIL, LET ME KNOW.
NOW, I COVERED THAT THERE'S ALSO SOME PROVISIONS AGAINST ACTING AS A SURETY FOR YOU AS AN INDIVIDUAL CANNOT ACT AS A SURETY FOR A BUSINESS ENTITY THAT HAS WORK OR BUSINESS OR CONTRACT WITH THE CITY.
YOU ALSO MAY NOT ACT AS A SURETY ON ANY OFFICIAL BOND REQUIRED OF AN OFFICER OF A GOVERNMENTAL ENTITY.
SO, FOR EXAMPLE, ONE OF THE CITY EMPLOYEES WAS REQUIRED TO HAVE A BOND TO ACCOMPLISH THEIR JOB, YOU COULD NOT ACT AS A SURETY ON IT.
ON THE ACQUISITION OF PROPERTY, IF YOU HAVE A LEGAL OR EQUITABLE INTEREST IN PROPERTY THAT IS TO BE ACQUIRED WITH PUBLIC FUNDS, YOU HAVE TO FILE AN AFFIDAVIT 10 DAYS BEFORE THE DATE ON WHICH THE PROPERTY IS TO BE ACQUIRED BY PURCHASE OR CONDEMNATION.
SO ESSENTIALLY, IF THE CITY WAS GOING TO DO A ROAD THROUGH SOME OF YOUR PROPERTY.
THEY WERE GOING TO HAVE TO EITHER BUY IT OR CONDEMN IT.
YOU WOULD HAVE TO FILE AN AFFIDAVIT REVEALING THAT INTEREST AND THE ACQUISITION 10 DAYS PRIOR.
CAN EVERYONE PLEASE MUTE? THERE'S A HORRIBLE ECHO.
THE CITY'S CODE OF ETHICS IS PROBABLY A VERY IMPORTANT THING FOR YOU ALL TO AT LEAST BROWSE THROUGH, IT COVERS A LOT OF THE THINGS I'VE TALKED ABOUT HERE TODAY, BUT IT ALSO TALKS ABOUT IN A LITTLE MORE DETAIL ON SOME OF THE THINGS THAT YOU SHOULD FOLLOW.
NOW, ONE OF THESE THINGS I WANT TO TALK ABOUT, I'M PULLING OUT A FEW OF THE THINGS IS GIFTS OR BENEFITS.
AND BASICALLY THIS IS APART FROM STATE LAW, BUT THESE ARE REQUIREMENTS OF OUR CODE OF ETHICS HERE AT THE CITY.
AN OFFICIAL SHALL NOT ACCEPT ANY GIFT BENEFIT, FAVOR OR SERVICE OR OTHER THING OF VALUE SUCH THAT IT MIGHT REASONABLY TEND TO INFLUENCE THE OFFICIAL IN THE DISCHARGE OF OFFICIAL DUTIES.
NOW, THIS ALSO OVERLAPS SOMEWHAT WITH THE BRIBERY STATUTE IN THE STATE OF TEXAS.
SO IT IS IMPORTANT TO KNOW ANYTHING THAT YOU TAKE THAT YOU KNOW, IS TO INFLUENCE YOUR DISCRETION IN THE PERFORMANCE OF YOUR CITY POSITION WOULD BE IN VIOLATION OF THIS.
IF IT'S GOING TO BE, IT APPLIES TO ANY PERSON, GROUP OR BUSINESS ARE SUBJECT TO THE REGULATION, INSPECTION OR INVESTIGATION BY ANY CITY DEPARTMENT, AGENCY OR COMMISSION, ANYBODY THAT'S INTERESTED OR LIKELY TO BECOME INTERESTED IN A PROPOSED ORDINANCE RESOLUTION OR DECISION ON WHICH YOU MUST ACT OR MAKE A
[01:05:01]
RECOMMENDATION AS A CITY COUNCIL PERSON ALSO APPLIES TO THOSE INTERESTED OR LIKELY TO BECOME INTERESTED IN ANY CONTRACT, PURCHASE, PAYMENT OR CLAIM INVOLVING THE OFFICIALS DISCRETION OR INVOLVING PENDING OR CONTEMPLATED LITIGATION BY THE CITY.THESE ARE JUST SOME OF THE DETAILS I HAD READ THROUGH.
THERE ARE EXCEPTIONS TO THE GIFT OR BENEFIT LIMITATIONS.
ONE, A GIFT THAT HAS A VALUE OF LESS THAN 50 DOLLARS, EXCLUDING CASH OR NEGOTIABLE INSTRUMENT.
AND THE CAVEAT HERE SAYS IF IT WAS NOT GIVEN IN EXCHANGE FOR ANY EXERCISE OF OFFICIAL DISCRETION.
SO IF IT WAS GIVEN IN EXCHANGE FOR THE EXERCISE OF THAT OFFICIAL DISCRETION, IT DOESN'T MATTER HOW MUCH IT WAS.
IF IT WAS FIVE DOLLARS, IT WOULD BE A VIOLATION.
THE OTHER IS IF THERE'S A PREEXISTING RELATIONSHIP, THE GIFT OR BENEFIT CONFERRED ON ACCOUNT OF KINSHIP OR PERSONAL, PROFESSIONAL OR BUSINESS RELATIONSHIP INDEPENDENT OF THE OFFICIAL STATUS OF THE RECIPIENT.
THE LAST ONE IS FOOD, LODGING, TRANSPORTATION OR ENTERTAINMENT ACCEPTED AS A GUEST PROVIDED THE DONOR IS PRESENT AND IF THE DONOR IS REQUIRED BY LAW TO REPORT THOSE ITEMS GIVEN BY THE DONOR.
NOW, THERE ARE ADDITIONAL EXCEPTIONS ARE REIMBURSEMENT FOR FOOD, LODGING OR TRANSPORTATION OR OTHER WORK RELATED EXPENSES USED SOLELY TO DEFRAY THE EXPENSES IN THE PERFORMANCE OF DUTIES OR ACTIVITIES, STATUTORILY PROVIDED FEES AND POLITICAL CONTRIBUTIONS DEFINED UNDER ELECTION LAWS.
SOME OF THE OTHER THINGS THAT ARE COVERED BY THE CODE OF ETHICS AND ALSO SOME OF THE STATUTES.
[INAUDIBLE] CONFIDENTIAL INFORMATION IN YOUR POSITION AS A CITY COUNCIL PERSON.
USING THAT TO ADVANCE YOUR PERSONAL INTEREST.
I JUST GOT A NOTICE THAT MY INTERNET CONNECTION WAS WONKY.
HAS EVERYBODY HAD BEEN ABLE TO HEAR WHAT I'VE BEEN SAYING? I'D LIKE YOU TO REPEAT, IF YOU DON'T MIND.
YEAH, YOU WENT OFF FOR ABOUT A MINUTE.
OK, I'LL START WITH THE MISUSE OF OFFICIAL INFORMATION.
NOW, THESE ARE ALSO SOME OF THESE ARE COVERED IN OUR CODE OF ETHICS.
BUT THEY'RE ALL SOME OF THESE ARE ALSO VIOLATIONS OF PENAL CODE ISSUES.
AND SO IF THERE'S ANY QUESTIONS ABOUT SOME OF THESE, I REALLY DIDN'T HAVE TIME TO GO INTO ALL THE DETAILS.
A LOT OF IT CAN GET PRETTY DETAIL ORIENTED.
BUT I WANTED TO RAISE THE ISSUE JUST SO YOU'LL BE AWARE OF IT.
IF YOU GOT QUESTIONS, LET ME KNOW AND I CAN.
WE CAN GET DOWN TO THE DETAILS ON THAT.
SO IF YOU GET CONFIDENTIAL INFORMATION IN YOUR POSITION AS A CITY COUNCIL PERSON, YOU CAN'T USE THAT TO ADVANCE YOUR PERSONAL INTERESTS, TO ACQUIRE OR HELP ANOTHER ACQUIRE PECUNIARY INTERESTS OR TO USE THAT INFORMATION TO HURT OR BENEFIT ANOTHER PERSON.
AND A LOT OF THESE ARE COMMON SENSE THINGS.
IT'S CONFIDENTIAL, STAYS CONFIDENTIAL IN TERMS OF THE BUSINESS ASPECTS OF THE CITY.
THE NEXT THING IS MISUSE OF PROPERTY.
AND IT SAYS, YOU KNOW, GOVERNMENT OFFICIALS MAY NOT USE THEIR POSITION OR OFFICE TO USE THE PROPERTY FACILITIES, PERSONNEL, EQUIPMENT OR SUPPLIES OR ANYTHING OF VALUE BELONGING TO THE CITY THAT HAS COME INTO THE INDIVIDUAL'S CUSTODY OR POSSESSION BY VIRTUE OF THEIR PUBLIC OFFICE OR EMPLOYMENT FOR PURPOSES UNRELATED TO INTERESTS OF THE CITY, FOR PRIVATE ADVANCEMENT OR GAIN, OR TO SECURE PRIVILEGES OR EXEMPTIONS.
AND, YOU KNOW, THE OBVIOUS EXAMPLES OF SOMETHING LIKE THIS IS IF YOU WERE PROVIDED EQUIPMENT, SAY, COMPUTER BY THE CITY OR A LAPTOP, YOU SHOULDN'T BE RUNNING YOUR BUSINESS FROM THAT LAPTOP, LET'S SAY.
OR IF YOU WERE WORKING OUT OF AN OFFICE, SAY, AN EMPLOYEE, YOU KNOW, THEY SHOULDN'T BE RUNNING THEIR BUSINESS OUT OF THEIR CITY OFFICE.
THOSE ARE PROBABLY SOME OF THE MORE COMMON THINGS YOU HEAR ABOUT THROUGHOUT THE STATE WHERE PEOPLE MAY HAVE A PART TIME POSITION OR A PART TIME JOB.
AND, YOU KNOW, THEY'RE RUNNING IT ON CITY TIME.
THOSE ARE THE THINGS THAT WILL GET PEOPLE IN TROUBLE.
THE NEXT THING I WANTED TO MENTION HERE, AND THIS MIGHT BE MY LAST ISSUE, WAS
[01:10:01]
NEPOTISM.NOW, NEPOTISM IS ESSENTIALLY THE HIRING OF FAMILIES OR RELATIVES.
NOW, THERE ARE ANTI NEPOTISM LAWS THAT PROHIBIT A GOVERNMENTAL ENTITY FROM HIRING CERTAIN CLOSE RELATIVES OF A PUBLIC OFFICIAL.
A PUBLIC OFFICIAL MAY NOT VOTE ON THE APPOINTMENT OF AN INDIVIDUAL WHO IS RELATED TO THE OFFICIAL WITHIN THE FIRST, SECOND OR THIRD DEGREE CONSANGUINITY OF THAT OFFICIAL.
NOW THE NEPOTISM LAWS ARE CONTAINED UNDER CHAPTER FIVE SEVENTY THREE OF THE GOVERNMENT CODE.
YOU KNOW, YOU THINK YOU MIGHT HAVE AN ISSUE ON ANY OF THE THINGS THAT I RUSHED OVER HERE THIS MORNING, PLEASE COME SEEK OUR ADVICE.
PLEASE COME SEEK OUR ADVICE EARLY.
THE MORE TIME YOU CAN GIVE US, IF WE A LOT OF TIMES WE DON'T HAVE THE ANSWER AT OUR FINGERTIPS, WE NEED TO RESEARCH IT.
WE NEED TO GATHER WHAT FACTS WE CAN.
RESEARCH IT AND COME UP WITH AN ANSWER FOR YOU.
SOMETIMES THAT'S NOT AS QUICKLY AS WE LIKE.
SO PLEASE THINK YOU HAVE SOMETHING.
COME TALK TO US AND COME TALK TO US EARLY.
DO YOU HAVE ANY QUESTIONS? I JUST HAVE ONE ON THE CONFLICT OF INTEREST.
AS I STATED BEFORE, IS THERE ANY STATUTE OF LIMITATION AN HOW FAR BACK? OK, WELL, I'LL HAVE TO I'LL HAVE TO LOOK AT THAT.
AND IN ORDER TO ANSWER THAT QUESTION PROPERLY, I'LL PROBABLY NEED TO GET SOME MORE FACTS FROM YOU ON, YOU KNOW, WHAT EXACTLY IS INVOLVED IN IT, BECAUSE A LOT OF TIMES THESE THINGS [INAUDIBLE] THE CORRECT ANSWERS TO THESE QUESTIONS CAN DEPEND ON THE INFORMATION WE HAVE AT OUR DISPOSAL.
OK, ANYTHING ELSE? DR. BROWN, I THINK YOUR MUTED.
COUPLE OF QUESTIONS TO KIND OF CLARIFY SOME OF THE THINGS YOU MENTIONED.
ON A CONFLICT OF INTEREST, A COUNCIL MEMBER AND I'M GOING TO REFER TO COUNCIL MEMBERS NOW, THEY CAN DECLARE A CONFLICT UNRELATED TO MEETING THE CRITERIA THAT YOU'VE OUTLINED.
IF A COUNCIL MEMBER JUST FEELS FOR WHATEVER REASON THAT THEY DON'T IT WOULD BE APPROPRIATE TO DECLARE A CONFLICT.
I MEAN, ANY TIME SOMEBODY FEELS LIKE THERE'S AN APPEARANCE OF A CONFLICT AND, YOU KNOW, THIS IS MAY NOT BE AN ACTUAL CONFLICT UNDER THE STATUTE, BUT WHAT THEY FEEL LIKE MIGHT BE AN APPEARANCE OF A CONFLICT THAT THEY THINK THEIR CONSTITUENTS WOULDN'T LIKE.
AND YOU CAN YOU CAN DECLARE THAT AND GO AHEAD.
NOW, THERE MIGHT NOT BE A REQUIREMENT FOR FILING A DISCLOSURE OF THAT APPARENT CONFLICT, BUT IF YOU WANT TO DECLARE IT AND ABSTAIN FROM DISCUSSION OR VOTING, THAT'S ALWAYS THE COUNCIL PERSON'S RIGHT TO DO THAT.
AND WHEN THEY WHEN SOMEONE DECLARES A CONFLICT, I'VE BEEN IN SOME MEETINGS WHERE THE INDIVIDUAL DECLARES THE CONFLICT, LEAVES THE ROOM.
TECHNICALLY, THOUGH, THEY CAN AN INDIVIDUAL CAN STAY AT THE MEETING.
THEY JUST CAN'T PARTICIPATE IN THE DISCUSSION OR VOTE.
IS THAT RIGHT? THAT'S MY UNDERSTANDING, YES.
NOW WE MAY HAVE A SEPARATE ISSUE.
NOW, LET'S SAY SOMEBODY HAD DECLARED A CONFLICT AND YOU WERE GOING INTO A SITUATION WHERE YOU WERE HAVING A CONFIDENTIAL MEETING, BASICALLY A CLOSED MEETING RIGHT? SUPPOSE IT'S A LITIGATION ISSUE.
AND Y'ALL WE'RE GOING TO DISCUSS SETTLEMENT OF A CLAIM THAT WAS AGAINST, SAY, A FAMILY MEMBER OF ONE OF THE COUNCILPERSONS.
SAY IT WAS WITHIN THE FIRST DEGREE.
IT MIGHT BE PRUDENT FOR THEM TO LEAVE THAT DISCUSSION.
ALRIGHT NOW, THAT WOULD DEPEND ON THE DETAILS OF IT.
BUT THERE PROBABLY ARE SOME CIRCUMSTANCES WHERE THEY MIGHT WANT TO LEAVE THE ROOM.
SO I DON'T WANT TO LEAVE THAT COMPLETELY OPEN.
BUT ON A GENERAL, SAY, A PUBLIC MEETING, I DON'T SEE ANY PROBLEM WITH THEM STAYING IN THE ROOM AND JUST NOT PARTICIPATING IN THE DISCUSSION OR VOTING.
I'M JUST GOING TO PROPOSE A SCENARIO SO THAT.
MAYBE I UNDERSTAND THIS BETTER.
IF AN INDIVIDUAL OWNS PROPERTY SAID, IF THERE IS AN ITEM THAT COMES BEFORE, SAY, COUNCIL MEMBER OWNS PROPERTY, COMES BEFORE COUNCIL CONCERNING THAT
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PROPERTY, THAT COUNCIL MEMBER OF COURSE, WOULD DECLARE A CONFLICT OF INTEREST.THE QUESTION BECOMES, IF THERE IS A VOTE OF PROPERTY ACROSS THE STREET FROM THE COUNCIL MEMBER'S PROPERTY, THAT THE THAT THAT PROPERTY ON THE VOTE WOULD IMPROVE THAT PROPERTY AND THEREFORE CAN BE CONSTRUED OF IMPROVING THE VALUE OF COUNCIL MEMBER'S PROPERTY AND THAT COUNCIL MEMBER PARTICIPATE AND VOTE IN THAT SUBJECT.
OR DO THEY HAVE TO DECLARE A CONFLICT? I DON'T THINK I CAN ANSWER THAT QUESTION RIGHT NOW BECAUSE THE IT WOULD BE PRETTY HARD TO SINCE IT'S NOT A DIRECT IMPACT TO THE PROPERTY ITSELF, IT WOULD BE SOMETHING THAT WOULD BE FORESEEN.
LIKE, YOU KNOW, YOU'RE BUILDING SOMETHING THAT'S GOING TO MAKE THE PROPERTY ACROSS THE STREET MORE VALUABLE.
NOW, IT SOUNDS LIKE IT HAS ALL THE APPEARANCE OF A CONFLICT, PERHAPS.
NOW WHETHER IT WOULD FALL UNDER THE STATUTE? I'D HAVE TO LOOK AND SEE IF THERE'S BEEN ANY CASE LAW ON THAT AND SEE HOW THE COURTS MAY HAVE INTERPRETED THAT.
SO I DON'T THINK I COULD GIVE YOU A DIRECT ANSWER TO THAT QUESTION, UNFORTUNATELY, I WOULD SAY BE SOMETHING TO LOOK AT BEFOREHAND AND DO SOME RESEARCH AND MAKE A DECISION ON IT.
ANY FURTHER QUESTIONS, COUNCIL FOR BARRY? YES, I HAVE ONE.
IT'S SORT OF BEEN PERHAPS JUST OUR HISTORY, OUR TRADITION THAT WHEN A COUNCIL MEMBER DECLARES A CONFLICT ON AN ISSUE THAT WE'RE VOTING ON, THAT MEMBER HAS GENERALLY LEFT THE DAIS HAS GONE DOWN AND PERHAPS STAYED IN THE ROOM.
BUT SAT IN THE AUDIENCE, BUT NOT REMAIN, WHERE DID MY CAMERA GO? BUT HAS NOT REMAINED IN THE ROOM OR RATHER NOT REMAINED IN THEIR IN THEIR SEAT.
DOES ANYBODY HAVE AN OPINION ON THAT? AND THAT'S AS I SAY, THAT'S HOW WE, I RECALL US ALWAYS DOING IT.
I DON'T KNOW IF THAT'S A LEGAL REQUIREMENT.
I'M NOT I'M NOT AWARE OF THE STATUTE REQUIRING THAT.
IT'S YOU KNOW, FOR APPEARANCES.
IT'S MAKES IT CLEAR THAT YOU'RE NOT PARTICIPATING IN THE DISCUSSION.
IT'S PROBABLY NOT A BAD PRACTICE.
I DON'T THINK THE LAW REQUIRES THAT, ESPECIALLY IF YOU DECLARE THAT, YOU KNOW, BY AFFIDAVIT ON FILE AND YOU MAKE IT CLEAR AT THE BEGINNING OF THE DISCUSSION THAT YOU'RE NOT PARTICIPATING.
I THINK I DON'T THINK IT'S AN ISSUE IF YOU MOVE FROM YOUR SEAT OR NOT.
GREATLY APPRECIATE IT AND WELCOME TO THE CITY AT THE SAME TO BEVERLY.
[3.A. The City Charter (Part 2 of 2)]
NOW, MOVING TO ITEM 3A, JANELLE PLEASE.AND DON, I THINK YOU'RE GOING TO LEAD US THROUGH THAT.
INCLUDED IN MY DISCUSSION IS 3E, COUNCIL ROLE IN CITY OPERATIONS.
THE TWO WERE INEXTRICABLY LINKED.
SO WE'RE GOING TO GO AHEAD WITH THOSE AS WELL.
BEFORE WE START, I THINK I NEED TO ACKNOWLEDGE COUNCILMAN MIKE DOHERTY, WHO AT THE END OF HIS TERM OPINED THAT IT WOULD BE GOOD IF COUNCIL WERE TO HAVE AN ORIENTATION SESSION CUZ IN THE NORMAL COURSE OF THINGS.
YOU GET ELECTED AND YOU'RE IMMEDIATELY DUMPED INTO THE BUDGET PROCESS.
AND WE DIDN'T GET IT DONE FOR THE LAST INCOMING COUNCIL, BUT IT WAS ON OUR TO DO LIST.
AND I'M GLAD THAT WE'VE DONE THIS.
I DO THINK THIS IS THE FIRST TIME IT'S BEEN DONE AND I HOPE IT'S BEEN WELL TAKEN.
SO I'M GOING TO TALK ABOUT MUNICIPALITIES, THE CHARTER AND THE CITY AS WELL.
FOLLOWING ME IS GOING TO BE MR. LOFTON TALKING ABOUT SOME OF THE CHARTER ITEMS REGARDING TAXATION AND THE BUDGET.
WHAT IS A MUNICIPALITY? I MEAN, MUNICIPALITY.
WE TALK ABOUT THE CITY, BUT WE NEVER REALLY TALK ABOUT WHAT IT IS LEGALLY.
AND IT UNDER THIS CASE, IT'S AN ORGANIZED BODY CONSISTING OF THE INHABITANTS OF A
[01:20:05]
DESIGNATED AREA, WHICH IS A LEGAL ENTITY, WHICH IS A SUBDIVISION OF THE STATE HAVING DELEGATED POWERS AND IS A FANCY WAY OF SAYING THAT IT IS A FORMALLY RECOGNIZED ASSOCIATION OF PEOPLE EXERCISING POWERS OF GOVERNMENT.AND IF WE GO TO THE NEXT SLIDE, MUNICIPALITIES ARE CREATED PURSUANT TO THE TEXAS STATE CONSTITUTION.
ARTICLE FIVE, ARTICLE 11, SECTION FIVE ALLOWS FOR CITIES WITH INHABITANTS OF OVER 5000 BY VOTE TO ADOPT OR AMEND A CITY CHARTER.
CITIES ARE NOT LIKE THE FIELD OF DREAMS. WE DO NOT CREATE CITIES FOR PEOPLE TO COME TO THEM, PEOPLE ARE THERE AND BY THEIR OWN CHOICE, THEY DECIDE TO CREATE A CITY GOVERNMENT SO THAT BY THEIR OWN CHOICE THEY CAN REAP THE BENEFITS OF AN ORGANIZED MUNICIPAL GOVERNMENT.
NOW THE ADOPTION OF A CHARTER IS PROSCRIBED UNDER THE STATE GOVERNMENT, UNDER THE CONSTITUTION, AND IT SPECIFICALLY PROVIDES THAT NO CHARTER OR ANY ORDINANCE PASSED UNDER THAT CHARTER CAN CONFLICT WITH THE STATE CONSTITUTION OR ANY OF THE LAWS CREATED BY THE LEGISLATION.
WE ARE A POLITICAL SUBDIVISION OF THE STATE.
OUR EXISTENCE IS BASED ON THE STATE CONSTITUTION.
SO IN A WAY WE ARE SUBORDINATE TO IT, ALTHOUGH WE ARE A HOME RULED CITY, WHICH WE'LL TALK ABOUT IN A MINUTE.
BUT WHAT THIS GIVES RISE TO IS AN ISSUE CALLED PREEMPTION.
WE CAN ADOPT A CHARTER, WE CAN ADOPT ORDINANCE, BUT WE CAN'T DO IT.
WE CAN'T DO THAT IF IT'S INCONSISTENT WITH THE STATE LAWS OR THE STATE CONSTITUTION.
AND IF WE DO THAT, WE SAY THAT ORDINANCE IS BEEN PREEMPTED UNDER STATE LAW.
WE HAVE A LEGISLATIVE COORDINATOR, SALLY BAKKO, WHO WILL TALK TO YOU MANY TIMES ABOUT THE IMPORTANCE OF PRESERVING OUR HOME RULE.
WE TRY TO ZEALOUSLY PROTECT OUR AUTHORITY AS A HOME RULE CITY BECAUSE THE LEGISLATURE CAN CHOOSE TO PREEMPT OUR AUTHORITY WITH THE PASSAGE OF LEGISLATION.
WE HAVE TO LOOK VERY CLOSELY AT THE CONSTITUTION OR STATUTE, JUST BECAUSE THE LEGISLATURE ENACTS A LAW ON THE SAME SUBJECT ON WHICH WE HAVE AN ORDINANCE DOES NOT NECESSARILY MEAN THAT WE HAVE BEEN PREEMPTED.
WE HAVE TO CONSTRUE THESE THINGS TOGETHER AND ONLY IF THEY ARE ABSOLUTELY REPUGNANT TO EACH OTHER.
AND THE LEGISLATURE HAS BASICALLY EXPRESSLY DECIDED TO PREEMPT THE CITY.
BUT WE ARE ALWAYS VERY, VERY GUARDED ABOUT WHETHER WE HAVE BEEN PREEMPTED AND WHETHER LEGISLATION THAT IS BEING PROPOSED WILL PREEMPT THE CITY IN ANY WAY.
OUR PRESENT CITY CHARTER WAS ADOPTED IN 1960, I BELIEVE.
SO WE HAVE JUST CELEBRATED 60 YEARS UNDER THE PRESENT CHARTER.
SO IN THE NEXT SLIDE, WE HAVE A BRIEF DISCUSSION OVER THE TYPES OF MUNICIPALITIES.
I DO THIS BECAUSE YOU'LL PROBABLY GO TO TNL HEARINGS FROM TIME TO TIME IN MEETINGS AND YOU'LL HEAR PEOPLE TALK ABOUT A TYPE A, TYPE B CITY.
AND YOU MAY NOT KNOW WHAT THEY ARE, BUT THERE ARE DIFFERENT TYPES OF MUNICIPALITIES IN THE STATE.
TYPE A, B AND C, GENERAL LAW MUNICIPALITIES, HOME RULE CITIES AND SPECIAL LAW MUNICIPALITIES.
A, B AND C GENERAL LAW MUNICIPALITIES ARE ESSENTIALLY SMALLER TOWNS, VILLAGES AND CITIES.
AND THE DIFFERENCE BETWEEN A GENERAL LAW CITY AND A HOME RULE CITY IS THIS.
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A GENERAL LAW CITY DERIVES ITS POWERS SPECIFICALLY FROM STATUTES ON THE BOOKS THAT SAY WHAT POWER THEY HAVE BEEN GIVEN.A HOME RULE CITY HAS FULL AUTHORITY TO CREATE ORDINANCES TO GOVERN THE CITY, AND IT MAY DO THAT AS LONG AS WE ARE NOT TROTTING UPON THE CONSTITUTION OR LAWS, I.E. AS LONG AS WE HAVE NOT BEEN PREEMPTED.
SO HOME RULE CITIES HAVE LOOKED TO THEIR OWN CHARTERS FOR THEIR AUTHORITY TO ACT.
GENERAL LAW CITIES LOOK AT THE STATUTES AND FROM THOSE STATUTES THEY DECIDE WHAT THEY CAN DO.
THERE'S ANOTHER TYPE OF SPECIAL LAW MUNICIPALITY.
THOSE ARE I DON'T KNOW HOW MANY ARE IN EXISTENCE, BUT THEY ARE THE ONES THAT WERE CREATED PURSUANT TO AN ACT OF THE TEXAS REPUBLIC LONG AGO.
GENERALLY, THEY ARE HOME RULE CITIES.
IF WERE ASKED ON A TRIVIA CONTEST, BUT NONETHELESS, THEY ARE ONE OF THE TYPES OF CITIES THAT IS MENTIONED IN THE LOCAL GOVERNMENT CODE.
AND AS I SAID, THE CITY OF GALVESTON IS A HOME RULED CITY.
AND THAT GETS US TO THE NEXT SLIDE.
DOES THAT HAVE ANY BEARING ON THE POPULATION? NO.
YOU HAVE TO HAVE A POPULATION OF OVER FIVE THOUSAND TO PASS A CHARTER.
BUT FOR OUR HOME RULE PURPOSES, IT DOES NOT.
AS I SAID, WE WERE OUR CHARTER WAS PASSED IN 1960, SO IT WILL ALLOW US TO CONTINUE ON AD INFINITUM.
IF OUR POPULATION WERE TO DROP TO THREE THOUSAND PEOPLE, WE WOULD STILL BE OPERATING UNDER THE CITY CHARTER UNLESS IT WERE CHANGED OR AMENDED.
NOW WE HAVE A CHARTER AND ITS PURPOSE IS TO PROVIDE THE FUNDAMENTAL LAW OF THE MUNICIPALITY IN THE SAME MANNER AS THE CONSTITUTION IS THE FUNDAMENTAL LAW OF THE STATE.
THE THEORY OF AMERICAN GOVERNMENT IS THAT POWER DERIVES FROM THE PEOPLE.
THE PEOPLE GIVE THEIR CONSENT TO BE GOVERNED.
THEY GIVE THEIR CONSENT TO BE GOVERNED, BY ALLOWING THE CREATION OF A CONSTITUTION, WHICH IS THE GRANT OF AUTHORITY BY THE PEOPLE, AND IT PRESCRIBES THE LIMITS THAT THAT GOVERNMENT HAS AUTHORITY TO ACT.
CONSTITUTION, A TEXAS CONSTITUTION.
THOSE ARE THE GRANTS OF AUTHORITY TO THE FEDERAL AND THE STATE GOVERNMENT.
AND THE CHARTER IS THE GRANT OF AUTHORITY BY THE CITIZENS OF GALVESTON TO THE MUNICIPAL GOVERNMENT TO BE GOVERNED BY THE CITY IN ITS DAY TO DAY ACTIVITIES.
OK? NOW THE CITY CAN ONLY EXERCISE THOSE AUTHORITIES THAT ARE EXPRESSLY GRANTED BY THE CHARTER OR REASONABLY IMPLIED FROM THOSE POWERS GRANTED.
AGAIN, THE REASON IS THAT PEOPLE HAVE TO GIVE THEIR CONSENT TO BE GOVERNED AND THAT CONSENT IS CONTAINED IN THE CHARTER.
SO WHILE WE HAVE A LOT OF DISCRETION IN INTERPRETING WHAT THE CHARTER SAYS, WHEN THERE IS AN EXPRESS PROVISION, WE HAVE TO FOLLOW THAT EXPRESS PROVISION TO THE T.
WE MUST FOLLOW THE CHARTER THAT IS THE GRANT AUTHORITY BY THE PEOPLE, AND WE MUST ADHERE TO THEIR WILL.
WE'RE GOING TO GO TO THE NEXT SLIDE, PLEASE.
NOW, CAN THE CHARTER BE CHANGED? YES, BUT THE TEXAS CONSTITUTION PROVIDES THAT NO CITY CHARTER SHALL BE ALTERED, AMENDED OR REPEALED OFTENER THAN EVERY TWO YEARS.
THE TERM OFTENER IS IN THE STATE CONSTITUTION.
[01:30:03]
I HAVE NIGHTMARES OF MY GRAMMAR SCHOOL TEACHERS COMING AT ME BECAUSE OF THE USE OF THAT WORD.SO AS I SEE, THAT'S IN THE ORIGINAL.
SO WE CAN HAVE A CHARTER ELECTION EVERY TWO YEARS.
I RECALL WE HAD A CHARTER ELECTION, I BELIEVE, AND ANYBODY CAN CHIME IN HERE.
WE PUT SOME I THINK IT WAS OVER 20 ISSUES ON THE BALLOT.
WE DID THAT BY CITY COUNCIL APPOINTING AN AD HOC CHARTER COMMISSION HAD ABOUT A DOZEN PEOPLE ON IT.
WE WENT THROUGH THE ENTIRE CHARTER.
THOSE PEOPLE EXPRESSED THEIR OPINION ON WHAT NEEDED TO BE CHANGED IN THE CHARTER.
THAT WAS PRESENTED TO THE CITY COUNCIL.
CITY COUNCIL CHOSE TO PUT ALL OF THE ITEMS ON THE BALLOT AND THE PEOPLE VOTED ON IT.
WE CAN DO A CHARTER ELECTION EVERY TWO YEARS.
SO IF THERE ARE ITEMS IN THE CHARTER THAT BOTHER YOU, WE'RE FREE TO GO AHEAD AND DO AN ELECTION ON THOSE.
THE CHARTER, WE DID NOT HAVE TO HAVE AN AD HOC COMMITTEE BEFORE I ARRIVED AT THE CITY.
I UNDERSTAND THERE WAS A CHARTER ELECTION PRESCRIBED ONLY BY A CITY COUNCIL WITHOUT INPUT FROM ANY COMMITTEE WHATSOEVER.
THAT IS A CHOICE THE COUNCIL CAN MAKE AS WELL.
SO IF YOU HAVE A CHARTER AMENDMENT YOU WANT TO CHANGE, IT HAS TO GO IN FRONT OF COUNCIL FOR APPROVAL? IT HAS TO GO TO COUNCIL FOR APPROVAL TO ORDER THE ELECTION TO PUT IT ON THE BALLOT.
WHETHER THAT CHARTER PROVISION IS ADOPTED, WILL BE UP TO THE VOTERS.
WE'RE GOING TO TALK ABOUT CHARTERS VERSUS ORDINANCES, OK.
SO I MENTIONED A CITY CHARTER IS THE GRANT OF AUTHORITY BY THE CITIZENS TO BE GOVERNED, AND IT WAS PASSED BY A VOTE OF THE PEOPLE.
AN ORDNANCE, ON THE OTHER HAND, IS PASSED BY CITY COUNCIL.
IN ARTICLE TWO, SECTION 12 OF THE CHARTER.
IT SAYS THE COUNCIL SHALL LEGISLATE BY ORDINANCE ONLY AND THE ENACTING CLAUSE OF EVERY ORDINANCE SHALL BE [INAUDIBLE], BEING ORDAINED BY THE CITY COUNCIL OF THE CITY OF GALVESTON.
SO ORDINANCES ARE PASSED BY THE CITY COUNCIL AND THE CITY COUNCIL CAN PASS AND AMEND ORDINANCES AS THEY SEE FIT.
THAT IS THE DIFFERENCE BETWEEN AN ORDINANCE OR WHAT IS IN THE CITY CODE AND THE CHARTER.
CITY COUNCIL CAN CHANGE THE CITY CODE OR THE CITY ORDINANCES.
ONLY THE CITIZENS CAN CHANGE THE CHARTER.
WE HAVE BEEN UNDERGOING A CODE REVIEW PROCESS FOR THE LAST OH, I THINK IT'S 18 MONTHS.
WE STILL HAVE SOME SECTIONS IN THE PIPELINE THAT WILL COME TO CITY COUNCIL WITH RECOMMENDATIONS AND YOU'LL BE FREE TO ADOPT THEM OR NOT ADOPT THEM AS YOU SEE FIT.
SO THE CHARTER IS COMPRISED OF 14 DIFFERENT ARTICLES, EACH CONTAINING DIFFERENT SECTIONS.
YOU WERE GIVEN A HANDOUT BEFORE THIS MEETING AND ONE OF THEM IS THE CITY COUNCIL POLICY MANUAL.
AND AS AN ATTACHMENT TO THAT POLICY MANUAL, THE ENTIRE CITY CHARTER IS THERE FOR YOUR PERUSAL.
I HAVE TO TELL YOU THAT READING THE CITY CHARTER IS LIKE READING A BOOK THAT YOU HAVE READ SEVERAL TIMES.
THE INTERESTING THING ABOUT THE CHARTER IS EVERY TIME YOU READ IT YOU FIND SOMETHING NEW .
SO, YOU PICK UP A BOOK THAT YOU READ IN HIGH SCHOOL AND YOU READ IT AGAIN, YOU SAY, OH, I DIDN'T REMEMBER THAT PART.
THE CHARTER IS REALLY INTERESTING THAT WAY.
THERE IS A LOT OF LITTLE PEARLS IN THERE.
AND READ IT ONE TIME AND READ IT SIX MONTHS LATER AND FIND SOMETHING NEW AND, YOU
[01:35:04]
KNOW, IT'S REALLY KIND OF COOL IF YOU'RE KIND OF A GEEK LIKE I AM.BUT WE HAVE 42 CHAPTERS IN THE CITY CODE AND OF COURSE, WE'RE STILL GOING THROUGH THOSE.
THERE ARE 14 ARTICLES IN THE CHARTER.
AND WE'RE GOING TO LOOK AT THE ONES TODAY INVOLVING FORM OF GOVERNMENT, GENERAL POWERS, THE COUNCIL ADMINISTRATIVE ORGANIZATION, FINANCE AND TAXATION.
FINANCE AND TAXATION IT'S GOING TO BE HANDLED BY MIKE LOFTIN.
AND HE IS THE ASSISTANT CITY MANAGER WHO WAS THE DIRECTOR OF FINANCE FOR MANY YEARS.
AND PROBABLY CHANGE TRAINS MOST FINANCE OFFICERS IN MUNICIPAL GOVERNMENT IN THE STATE.
SO IF WE COULD HAVE THE NEXT SLIDE, PLEASE.
I'VE SAID IT BEFORE, I'LL SAY IT AGAIN, GALVESTON IS A HOME RULE CITY UNDER ARTICLE ONE, SECTION ONE WE HAVE CREATED UNDER THE CHARTER THE CITY FORM OF GOVERNMENT, WHICH IS GOING TO LAST IN PERPETUITY.
IT'S REFERRED TO AS THE CITY AND IT'S GOING TO HAVE THE POWER DUTIES RIGHTS AND IMMUNITIES PROVIDED IN THE CHARTER.
BY THE WAY, YOU KNOW, WE USE THE WORD MUNICIPALITY AND GENERALLY IT REFERS TO CITIES, BUT IN THE TRUEST SENSE OF THE WORD IT ALSO REFERS TO OTHER FORMS OF GOVERNMENT.
COUNTIES ARE SOMETIMES INCLUDED IN THE DEFINITION OF MUNICIPALITIES.
BUT WHEN I TALK ABOUT MUNICIPALITIES, I'M ALWAYS GOING TO BE TALKING ABOUT CITIES.
SO UNDER THE FORM OF GOVERNMENT, WE HAVE ADOPTED THESE COUNCIL MANAGEMENT FORM OF GOVERNMENT SUBJECT TO THE STATE CONSTITUTION AND STATE LAWS.
ALL THE POWERS ARE GOING TO BE VESTED IN THE ELECTED CITY COUNCIL, WHICH IS GOING AND THE POWERS ARE GOING TO BE ABLE TO ENACT LEGISLATION, ADOPT BUDGETS, DETERMINE POLICIES, AND APPOINT A CITY MANAGER WHO WILL EXECUTE THE LAWS AND ADMINISTER THE GOVERNMENT.
AND IF WE COULD GO TO THE NEXT SLIDE.
SO THE POWERS OF THE CITY GOVERNMENT ARE SET OUT IN ARTICLE ONE, SECTION FOUR, WE HAVE THE AUTHORITY TO ADOPT A CORPORATE SEAL, SUE, AND BE SUED, COOPERATE WITH THE GOVERNMENT OF THE STATE OF TEXAS, WHICH UNFORTUNATELY IT INCLUDES THE GENERAL LAND OFFICE.
PASS THOSE LAWS FOR THE WELFARE, HEALTH, MORALS, COMFORT AND CONVENIENCE OF THE INHABITANTS OF THE CITY.
BASICALLY A FULL RANGE OF POWERS SET OUT IN THEIR EXTENSIVELY.
BASICALLY, THAT IS WHAT WE'RE ALLOWED BY THE PEOPLE TO DO.
WE WILL LOOK AT THIS IF THERE'S EVER A QUESTION.
BUT WHEN THIS WAS DRAFTED, THE DRAFTERS WERE VERY FAR REACHING, INCLUDING A VERY BROAD SWEEP OF AUTHORITY IN GRANTING THE CITY AUTHORITY TO GOVERN.
OK, SO IF WE COULD GO TO THE NEXT SLIDE, PLEASE.
ARTICLE TWO REFERS TO WHAT WE SAY UP NORTH AS YOU GUYS, THE CITY COUNCIL IN ARTICLE TWO, THE COUNCIL HAS SEVEN MEMBERS, INCLUDING THE MAYOR AND SIX OTHER COUNCIL MEMBERS WHO ARE GOING TO BE ELECTED TO SERVE FOR TERMS OF TWO YEARS EACH AS OTHERWISE MAY BE PROVIDED UNDER THE CHARTER.
AND THE QUALIFICATIONS ARE SET OUT IN THERE, BASICALLY, YOU HAVE TO BE AT LEAST 18 YEARS OF AGE.
YOU HAVE TO RESIDE IN YOUR DISTRICT FOR AT LEAST ONE YEAR BEFORE RUNNING FOR OFFICE.
AND THE MAYOR HAS TO BE A RESIDENT OF THE ISLAND.
I'M SURE YOU GUYS ALL WENT THROUGH THAT WHEN YOU FILED YOUR APPLICATIONS TO RUN.
AND IF YOU CEASE TO POSSESS ANY OF THESE QUALIFICATIONS, OR BE CONVICTED OF A CRIME
[01:40:02]
INVOLVING MORAL TURPITUDE, YOUR OFFICE BECOMES VACANT IMMEDIATELY.ARE THOSE EXPRESSLY CONFERRED AT THE CITY CHARTER AND YOU HAVE THE AUTHORITY TO APPOINT THE CITY MANAGER, THE CITY ATTORNEY, THE CITY SECRETARY, THE CITY COLLECTOR OF TAXES, THE CITY AUDITOR AND THE JUDGE OF THE MUNICIPAL COURT.
AND UNDER SECTION SIX, THE COUNCIL HAS TO WORK WITH THE CITY MANAGER.
YOU CAN'T ASK THE CITY MANAGER TO REMOVE FROM OFFICE OR EMPLOYMENT ANY PERSON.
YOU ARE REQUIRED EXCEPT FOR PURPOSES OF INQUIRY AND INVESTIGATION.
YOU HAVE TO DEAL WITH THE ADMINISTRATIVE SERVICES OF THE CITY THROUGH THE CITY MANAGER, AND YOU CAN'T GIVE IT ORDERS DIRECTLY TO ANYBODY WORKING FOR THE CITY MANAGER.
I HAVE A QUESTION RIGHT QUICK.
WHAT ABOUT FOR INFORMATION PURPOSES? HOW DID YOU DESCRIBE THAT.
FOR INFORMATION PURPOSES IT SAYS THE CITY COUNCIL.
EXCEPT FOR INFORMATION PURPOSES, THE PRECISE CONTOURS ARE [INAUDIBLE].
BUT IT SAYS COUNCIL AND ITS MEMBERS SHALL DEAL WITH THE ADMINISTRATIVE SERVICES THROUGH OF THE CITY THROUGH THE CITY MANAGER AND EXCEPT FOR PURPOSES OF INQUIRY AND INVESTIGATION.
I BELIEVE YOU ARE ALLOWED TO GATHER INFORMATION FROM THE STAFF.
YOU SHOULD DO SO THROUGH THE CITY MANAGER.
SO THE CITY MANAGER IS APPRIZED SO THAT WE ALL ARE ON THE SAME PAGE.
BUT YES, YOU CAN ASK QUESTIONS.
OK, YOU MAY NOT GIVE ORDERS TO CITY STAFF.
AND MOVING ON TO ARTICLE FIVE PROVIDED TO THE CITY MANAGER, HE IS APPOINTED BY THE CITY COUNCIL.
HEY DON, IF TO FURTHER ANSWER COUNCIL MEMBER QUIROGA, YOU KNOW, WE DO ASK THAT IF YOU REACH OUT TO STAFF WITH QUESTIONS AND THINGS, AND I BELIEVE IT'S IN YOUR CITY COUNCIL POLICY MANUAL THAT YOU, [INAUDIBLE] MYSELF OR THE DEPUTY CITY MANAGER ON THOSE THINGS SO THAT WE CAN FOLLOW UP TO MAKE SURE YOU'RE GETTING THE RIGHT INFORMATION.
YOU'RE ALWAYS WELCOME TO REACH OUT TO STAFF TO ASK QUESTIONS.
BUT WE DO ASK THAT WE BE NOTIFIED WHEN YOU DO SO, WE CAN FOLLOW UP AND MAKE SURE YOU'RE GETTING EVERYTHING YOU NEED.
AND, DON, IF I COULD MAKE A QUICK COMMENT ON THAT, THE HOURS OF INVESTIGATION AND SO FORTH ARE RESERVED TO THE CITY COUNCIL, NOT TO INDIVIDUAL MEMBERS.
WOULD YOU CONSTRUE THAT THAT WAY? THAT IS ABSOLUTELY CORRECT.
THE CITY COUNCIL ACTS AS A BODY.
EACH CITY COUNCIL MEMBER IS AN AGENT OF THE CITY, BUT THEIR INDIVIDUAL PRONOUNCEMENTS ARE OF NO EFFECT BECAUSE YOU HAVE TO ACT AS A BODY IN AN OPEN SESSION THAT HAS BEEN POSTED.
SO INVESTIGATIONS BY COUNCIL ARE DONE BY THE ENTIRE COUNCIL.
HOW DO YOU INTERPRET INVESTIGATION VERSUS INFORMATION? I GUESS WE COULD PARSE THIS INTO VERY FINE PIECES.
INVESTIGATIONS WOULD BE AS TO BIG PICTURE ITEMS, INFORMATION IS CAN WE GET THE STOP SIGN ON THE CORNER OF SOMETHING AND SOMETHING STREET'S REPLACED BECAUSE IT'S FADED.
OR SOMETHING THAT'S RELATED TO A PROJECT OR SUCH.
NOW WE'RE GETTING INTO A VERY, VERY FUZZY AREA AS TO WHAT AN INQUIRY OR AN INVESTIGATION IS.
NOT CONFUSED, BUT I'M CONCERNED ABOUT WHETHER THOSE REQUEST BY INDIVIDUAL
[01:45:02]
COUNCIL MEMBER ABOUT THAT STOP SIGN OR SO FORTH, WOULD GO NECESSARILY THROUGH THE CITY MANAGER'S OFFICE AS OPPOSED TO MY GOING DIRECT TO TRAFFIC.THE PRACTICE HAS BEEN TO ALLOW COUNCIL TO ASK QUESTIONS DIRECTLY FROM STAFF BECAUSE YOU HAVE A NEED TO COMMUNICATE WITH YOUR CONSTITUENTS ON VARIOUS ISSUES.
BUT AS BRIAN MAXWELL HAS POINTED OUT, HE ASKED THAT HE'D BE INCLUDED SO HE CAN BASICALLY MAKE SURE HE IS MANAGING HIS PEOPLE AND MAKING SURE THAT YOU GET WHAT YOU NEED.
AND ALSO, DAVID, JUST SO YOU GUYS DON'T RUN AFOUL HERE ON COUNCIL POLICIES AND STUFF.
YOU KNOW, YOU'RE WELCOME TO ASK.
HEY, SHOULD THERE BE A STOP SIGN AT THIS LOCATION OR WHATEVER ELSE.
BUT THE POINT YOU SAY INSTALL A STOP SIGN THAT NEEDS TO COME THROUGH OUR OFFICE JUST TO STAY CLEAN WITH THE CHARTER AND THE POLICY.
SO THAT WAY YOU'RE NOT DIRECTING STAFF, YOU'RE JUST MAKING [INAUDIBLE].
YOU KNOW, AS YOU ALL KNOW, THOSE OF YOU THAT HAVE BEEN ON COUNCIL, I AM VERY OPEN.
I WANT YOU TO HAVE THEIR FULL ACCESS.
I JUST NEED TO BE ABLE TO BE IN THE LOOP.
SO I YOU KNOW, IF YOU'RE GOING TO HOLD ME ACCOUNTABLE FOR GETTING THINGS DONE, I NEED TO KNOW WHAT YOU'RE DOING.
YEAH, BUT THAT'S KIND OF A FINE POINT, [INAUDIBLE] AS OPPOSED TO MY GOING TO THE TRAFFIC DEPARTMENT SAYING WE NEED A STOP SIGN IN THE CORNER OF X AND Y, THAT, YOU KNOW, HOW IS THAT SIGNIFICANTLY DIFFERENT FROM COMING TO YOU? I MEAN, THAT'S JUST SORT OF A CULTURAL THING THAT I WOULD COME TO YOU, BUT IT DOESN'T.
AM I NOT HEARING THE CHARTER SAYING THAT, I CAN'T COME TO YOU AND ORDER A STOP SIGN INSTALLED THAT THAT WOULD REQUIRE COUNCIL TO COME TO YOU AND ORDER A STOP SIGN.
I LOOK AT WHEN IT GOES [INAUDIBLE] DISTRICTS INDIVIDUALLY IS IMPORTANT TO THE WHOLE CITY.
IF YOU BRING TO ME AN ISSUE THINKING.
BRIAN CAN WHEN WE LOOK AT SEEING [INAUDIBLE] STOP SIGN THERE, THAT'S NOT DIRECTING ME TO DO ANYTHING.
IT'S BRINGING IT TO MY ATTENTION AND AS A GOOD MANAGER I'M GOING TO LOOK AT IT AND I'LL GET BACK WITH YOU AND LET YOU KNOW EXACTLY WHY OR WHY NOT THERE AND KNOW EVERYTHING ELSE AS YOU SHOULD BUT, YOU KNOW, I'M A LITTLE BIT MORE OPEN ABOUT THINGS THAN PROBABLY SOME OTHER CITY MANAGER'S THAT I'M HERE TO FIX THINGS.
SO I DON'T KNOW THAT UNLESS YOU TELL ME, YOU KNOW, I'M ALWAYS WILLING TO HELP.
SO THAT'S WHY I LOOK AT IT, THAT'S WHY IT REALLY WORKS BETTER.
AND I CAN ASSURE EACH OF YOU, IF YOU BRING ME AN ISSUE PROBABLY BEFORE I HANG UP THE PHONE WITH YOU OR CLOSE YOUR EMAIL, I'M ALREADY GETTING IT ASSIGNED TO SOMEBODY TO LOOK AT.
SO YOU'RE NOT REALLY LOSING ANY TIME BY GOING STRAIGHT TO STAFF VERSUS GOING STRAIGHT TO ME.
BUT IF YOU DO WANT TO TALK STRAIGHT TO STAFF, THAT'S FINE.
JUST PLEASE, INCLUDE ME IN THE CONVERSATION.
WELL, BUT WOULD THAT EXTEND TO [INAUDIBLE] SAY DEMANDS FOR INFORMATION? YOU KNOW, IF I NEED FINANCIAL INFORMATION, I'M FREE TO GO TO LOFTIN AND SAY I NEED TO MR. LOFTIN AND SAY I NEED THIS OR SHOULD THAT AS WELL COME THROUGH YOU? YOU KNOW, GIVEN THAT IT'S NOT SOME COURT RECORD THAT I NEED TO GO TO JANELLE FOR.
BUT IF YOU WENT STRAIGHT TO MIKE, I WOULD ASK YOU TO COPY ME ON THE E-MAIL SO THAT WAY THAT AFTERNOON, WHEN I DO MY CHECKLIST I CAN SAY, HEY, MIKE, I SEE, COUNCIL MEMBER COLLINS WAS ASKING FOR THIS ARE WE ON IT, WHEN DO YOU PLAN ON GETTING IT TO HIM? YOU KNOW, THOSE TYPE OF THINGS.
AGAIN, I WANT TO MAKE SURE YOU'RE GETTING WHAT YOU NEED.
AND REALLY THE ONLY CITY STAFF MEMBER THAT YOU CAN HOLD ACCOUNTABLE IS ME.
AND THE ONLY WAY I CAN BE ACCOUNTABLE IS TO KNOW WHAT YOU ASK FOR.
SO THAT WAY I CAN MAKE SURE AND I WOULD SAY THAT THAT'S A VERY IMPORTANT ITEM THAT, YOU KNOW, WE CAN REQUEST INFORMATION FROM STAFF, BUT MAKE SURE THAT WE COPY BRIAN.
AND THAT'S GOING ON BECAUSE SOMETIMES JUST BECAUSE OF THINGS GOING ON IN DEPARTMENTS AND THEY GET BUSY, THAT WE MAY NOT GET THE INFORMATION IN A TIMELINE THAT WE'RE REQUESTING.
AND THAT'S SOMETHING BRIAN CAN ADDRESS.
WELL, NOT ONLY THAT, BUT WE HAVE CONVERSATIONS MORE OFTEN THAN YOU DO WITH STAFF, SO I KIND OF HAVE A BETTER FEEL SOMETIMES FOR WHAT'S GOING ON.
AND I CAN INTERJECT WITH SAY, MIKE LOFTIN AND SAY, MIKE, I THINK WHAT WE'RE LOOKING FOR IS THIS AND THIS AND THIS.
SO YOU DON'T GET FIVE HUNDRED PAGES OF THINGS THAT YOU HAVE TO SIFT THROUGH TO GET THE ONE OR TWO THINGS THAT I KNOW YOU'RE LOOKING FOR.
BUT, YOU KNOW, WHATEVER MAKES YOU GUYS HAPPY ON THAT FRONT, JUST MAKE SURE I'M INCLUDED IN THE LOOP.
WE ARE HAPPY TO GET YOU WHATEVER YOU NEED.
SO GETTING BACK TO THE AGENDA, THE ARTICLE FIVE RELATES TO THE CITY MANAGER AND GIVES OUT HIS POWER AND DUTIES, WHICH ARE TO APPOINT AND REMOVE OFFICERS FROM EMPLOYEES OF THE CITY EXCEPT THOSE APPOINTED BY CITY COUNCIL, PREPARE THE
[01:50:01]
ANNUAL BUDGET SUBMITTED TO COUNCIL FOR APPROVAL AND BE RESPONSIBLE FOR ITS ADMINISTRATION AFTER IT'S ADOPTED.KEEP THE COUNCIL ADVISED FOR THE FINANCIAL CONDITION AND ADMINISTRATIVE ACTIVITIES OF THE CITY, MAKE ANY RECOMMENDATIONS AND PERFORM ANY AND ALL OTHER DUTIES UNDER THE CHARTER OR ARE REQUIRED BY THE CITY COUNCIL.
AS REGARDS TO ADVISING OF THE FINANCIAL CONDITION.
I WOULD ALSO SAY THAT IN ADDITION TO THE CITY MANAGER REPORTING TO YOU, YOU WILL ALSO HAVE A FAIRLY ROBUST FINANCE COMMITTEE.
AND DONNA WILL TALK ABOUT CITY COMMITTEES LATER.
BUT THE FINANCE COMMITTEE IS ALSO A CONDUIT THROUGH WHICH INFORMATION GETS TO THE CITY COUNCIL REGARDING FINANCIAL ISSUES.
SO THERE'S KIND OF A LAYERED EFFECT THERE.
SO IF WE GO TO THE NEXT SLIDE, PLEASE, WE HAVE ARTICLE FIVE, WHICH CREATES THE DEPARTMENT OF LAW.
PRESCRIBES OUR DUTIES, WHICH IS TO BASICALLY REPRESENT THE CITY THE CITY COUNCIL AND THE EMPLOYEES AND AGENTS OF THE CITY.
PROSECUTE CASES BEFORE THE MUNI-COURT, PREPARE ORDINANCES, LOOK AT CONTRACTS, BASICALLY PROVIDE THE ADMINISTRATIVE PRACTICE OF LAW FOR THE PROTECTION OF THE CITY.
SECTION SEVEN DEALS WITH THE CITY SECRETARY WHO ALSO IS APPOINTED BY YOU.
SHE IS THE OFFICIAL RECORD KEEPER OF THE CITY WHO KEEPS THE MINUTES AND THE ORDINANCES, AND SHE RECEIVES CITY PROCESSES, [INAUDIBLE] WHICH CIVIL PROCESS, WHICH IS BASICALLY IF WE GET SUED, SHE IS THE ONE WHO'S SUPPOSED TO BE SERVED.
AND WE ALSO HAVE THE CITY AUDITOR WHO AUDITS THE BOOKS OF THE CITY INTERNALLY.
WE ALSO HAVE AN OUTSIDE AUDITOR.
AND GLENN DOES THIS BY SUBMITTING TO YOU AN ANNUAL AUDIT PLAN, WHICH YOU APPROVE, WHICH BASICALLY SETS OUT THOSE ITEMS WHICH [INAUDIBLE] BE LOOKING AT THROUGHOUT THE YEAR.
SO IF WE GO TO THE NEXT SLIDE.
WE TALK ABOUT CITY OPERATIONS.
AND AGAIN, WE'VE ALREADY TALKED ON THIS, BUT THERE'S A DIVISION OF
[3.E. Council Role In City Operations]
RESPONSIBILITIES BETWEEN THE COUNCIL AND THE CITY MANAGER THAT BASICALLY THE ROLE OF THE COUNCIL, AS DEFINED BY THE CHARTER, IS LARGELY AS A POLICYMAKING BOARD.YOU ENACT LEGISLATION BY ORDINANCE ADOPT THE BUDGET AND YOU DETERMINE THE POLICIES OF THE CITY.
BUT UNDER THE CHARTER, DAY TO DAY OPERATIONS ARE WITHIN THE PURVIEW OF THE CITY MANAGER.
HE IS RESPONSIBLE TO THE COUNCIL FOR THE PROPER ADMINISTRATION OF THE AFFAIRS OF THE CITY.
AND BASICALLY YOU'VE HIRED HIM TO MAKE SURE THAT THE CITY CONTINUES OPERATIONS WITHIN THE CHARTER AND IN GOOD ORDER.
SO THAT BASICALLY CONCLUDES MY PRESENTATION.
WELL, THE NEXT ONE ON THE AGENDA, CONTINUING WITH THE CHARTER IS GOING TO BE MIKE LOFTIN, WHO'S GOING TO TALK ABOUT THE CHARTER ARTICLES RELATING TO BUDGET AND FINANCE.
SO UNLESS YOU HAVE ANY QUESTIONS, MAYOR, I'LL TURN IT BACK TO YOU TO INTRODUCE MR. LOFTIN, WHO I SEE HAS APPEARED ON THE SCREEN.
ANY QUESTIONS FOR DON COUNCIL? THANK YOU DON VERY MUCH.
THAT WAS ITEM FOR THOSE AT HOME THAT MAYBE FOLLOWING THE AGENDA, THAT WAS ITEM THREE A AND THREE E THAT WE JUST FINISHED AND WE ARE NOW.
JANELLE WE'RE GOING TO MOVE INTO ITEM THREE F AND THREE G.
COULD YOU JUST READ BOTH OF THOSE, PLEASE, MA'AM? YES, SIR.
ITEM 3F THE BUDGET PROCESS AND ITEM 3G, THE PURCHASING PROCESS.
[3.F. The Budget Process]
WE'RE GOING TO START OFF WITH THE BUDGET WITH MIKE LOFTIN AND WE'LL MOVE TO I[01:55:06]
THINK SUSAN SERRANO IS ON FROM THE PURCHASING DEPARTMENT THAT WILL BE VISITING WITH US LATER.AND ALSO WE HAVE HOPE DEAN FROM THE INFORMATION TECHNOLOGY DEPARTMENT THAT WILL BE VISITING WITH THIS ALSO.
SO, MIKE, GO RIGHT AHEAD AND START THINGS OFF.
IT'S AN HONOR TO BE HERE WITH YOU TODAY.
AND I DO THINK THIS IS A VERY PRODUCTIVE EXERCISE.
JANELLE IS HELPING ME WITH MY POWERPOINT PRESENTATION.
SO, JANELLE, LET'S GO AHEAD AND DIVE IN TO SLIDE TWO.
OK, AS YOU MIGHT HAVE SEEN SOME OF THE PREVIOUS REFERENCES AND PICKED UP ON THE DISCUSSION, THE BUDGET PROCESS IS DERIVED FROM SEVERAL SOURCES, THE STATE BUDGET LAW, THE STATE PROPERTY TAX CODE, THE CITY CHARTER AND LOCAL ORDINANCES.
AND WE HAVE PULLED TOGETHER A TWO PAGE SECTION, TWO OR THREE PAGES IN THE BUDGET DOCUMENT ITSELF THAT COMBINES THESE REQUIREMENTS AND PRESENTS THEM IN AN ORDERLY FASHION FOR THE SUBJECT MATTER THAT YOU SEE IN THE BUDGET PREPARATION PROCESS AND CRITERIA, BUDGET SUBMISSION AND REVIEW, BUDGET, ADOPTION, BUDGET ADMINISTRATION AND FINANCIAL ADMINISTRATION.
SO, JANELLE, IF YOU WANT TO FOLLOW THE LINK AND GO OVER TO THE BUDGET WITH US.
I'M JUST GOING TO WALK THROUGH THE NUMBERED POINTS IN EACH OF THESE SECTIONS, AND JANELLE IS GOING TO HELP ME AS SHE SCROLLS THROUGH THE PAGES OF THE BUDGET.
AS WAS MENTIONED PREVIOUSLY, WE DO HAVE A CITY MANAGER FORM OF GOVERNMENT AND THE CITY MANAGER PREPARES THE BUDGET ANNUALLY.
THAT REQUIREMENT ACTUALLY IS CONTAINED IN THE LOCAL GOVERNMENT CODE CHAPTER 102, CHAPTER 102 IS REFERRED TO AS THE STATE BUDGET LAW BY BUDGETEERS LIKE MYSELF.
AND A NUMBER OF THE THINGS THAT AFFECT THE PRESENTATION INFORMATION THAT'S IN THE BUDGET, THE PROCESS BY WHICH IT'S REVIEWED AND APPROVED COME FROM THAT CHAPTER.
THE ADOPTED BUDGET NUMBER TWO IS SUPPOSED TO HAVE A COMPLETE FINANCIAL STATEMENT OF THE MUNICIPALITY THAT INCLUDES OUTSTANDING OBLIGATIONS, CASH ON HAND, ALL SOURCES OF ANTICIPATED REVENUE, AS WELL AS EXPENDITURES FROM THE PRIOR CURRENT AND FUTURE YEAR.
LET ME TELL YOU, I THINK WE HAVE IMPROVED THIS SIGNIFICANTLY IN RECENT YEARS.
THE SPECIAL REVENUE FUND SECTION IS WHERE I WOULD POINT YOU IF YOU'RE LOOKING AT THE BUDGET.
IF THE CITY COLLECTS A DOLLAR THAT IS NOT A DONATION FROM AN INDIVIDUAL THAT IS POINTED TOWARDS A SPECIFIC USE, THEN IT HAS TO BE ACCOUNTED FOR IN ACCORDANCE WITH ANY LEGAL REQUIREMENTS IN THE STATE LAW OR REQUIREMENTS THAT THE COUNCIL HAS SET UP AND INCLUDED IN THE BUDGET SO THAT THE COUNCIL CAN REVIEW THE ALLOCATIONS OF THOSE FUNDS ANNUALLY.
AND THIS INCLUDES OPERATING AND CAPITAL FUNDS.
SO THAT'S REALLY THE SCOPE OF OUR FOCUS IS ALL BUDGETED OPERATING AND CAPITAL FUNDS.
AND WE THINK WE'VE CAPTURED THEM ALL AS WE SIT HERE TODAY.
THE BUDGET ITSELF, ACCORDING TO THE CHARTER, HAS TO HAVE A ONE YEAR CAPITAL BUDGET AND A FIVE YEAR CAPITAL IMPROVEMENT PLAN ASSOCIATED WITH IT, THAT INCLUDES ESTIMATES FOR EACH PROJECT AND A PLAN FOR THEIR FINANCING.
THAT IS ARTICLE SEVEN OF THE CHARTER, SECTION SIX.
BASICALLY, WE DEVELOP A FIVE YEAR CAPITAL PLAN AND THEN THE FIRST YEAR OF THAT PLAN BECOMES THE CAPITAL BUDGET FOR THE NEXT YEAR.
THE GENERAL FUND BY CITY RESOLUTION ELEVEN FIFTY THREE IS EXPECTED TO HAVE AN UNENCUMBERED FUND BALANCE EQUAL TO AT LEAST 90 DAYS OF OPERATING COST AS OF THE END OF THE FISCAL YEAR.
THERE'S ACTUALLY A REFERENCE TO IT IN THE CHARTER AS WELL, WHERE THE CHARTER TALKS ABOUT THE NEXT ITEM.
LET ME GO AHEAD AND INTRODUCE NUMBER FIVE AND I'LL MAKE MY POINT ABOUT THE 90 DAY RESERVE .
GENERAL FUND BUDGET MUST ALSO INCLUDE AN ANNUAL TRANSFER OF UP TO EIGHT
[02:00:01]
PERCENT, AS DEFINED IN THE CHARTER FOR THE INFRASTRUCTURE AND DEBT SERVICE FUND FOR PURPOSES OF FUNDING PROJECTS AT LEAST ONE HUNDRED THOUSAND DOLLARS IN AMOUNT.THIS BEGAN AS FORMER COUNCIL MEMBER GREENBURG'S PENNY.
AND THERE'S STILL FOLKS WHO THINK THIS IS BASED ON SOME PERCENTAGE OF THE TAX ROLL WHEN IT'S NOT, IT'S BASED ON EIGHT PERCENT OF THE GENERAL FUND BUDGET.
AND THE WAY WE ADMINISTER THAT IS, WE ASSUME THAT GENERAL FUND REVENUE IS THE LIMIT ON THE BUDGET AND NOT SOME OTHER AMOUNT.
SO WHATEVER OUR REVENUE ESTIMATE IS, WHEN THE BUDGET IS PREPARED, EIGHT PERCENT OF THAT IS WHAT THE TRANSFER IS NOW.
IS THERE ANY WAY THAT EIGHT PERCENT CAN BE SHORT IN ANY GIVEN YEAR? THE CHARTER PROVIDES I DON'T HAVE IT HERE.
IF YOUR 90 DAY FUND BALANCE IS NOT BEING MET, THAT'S THE ONLY REASON TO REDUCE THE TRANSFER TO THE INFRASTRUCTURE AND DEBT SERVICE FUND.
AND OF COURSE, THE BUDGET IS STRUCTURED AND MONITORED THROUGHOUT THE YEAR SO THAT WE DO BOTH SO THAT WE'RE NOT IN A BIND.
BUT IF WE WERE, YOU WOULD BE ADVISED AND IT WOULD BE A PART OF ALL OF OUR REPORTS, STATUS REPORTS AND OTHERWISE.
THE THE CHARTER HAS A LIMIT IN IT FOR OUR TOTAL TAX RATE OF 70 CENTS PER 100 DOLLARS OF TAXABLE VALUE AND THAT ADJUSTMENT THAT'S REFERRED TO THERE LESS THE AMOUNT THAT IS DEDICATED TO PROPERTY TAX REDUCTION FOR THE SALES TAX THAT IS THAT HALF CENT IS WORTH ABOUT FIVE MILLION DOLLARS.
AND EFFECTIVELY WHAT IT DOES AND WE HAVEN'T UPDATED THAT FISCAL YEAR REFERENCE, BUT THE ADJUSTMENT IS TYPICALLY AROUND NINE CENTS, NINE TO 10 CENTS.
SO THE PROPERTY TAX RATE REALLY HAS ABOUT A 60 CENT LIMIT ON IT.
I DON'T THINK BARRING SOME MAJOR SET OF UNFORESEEABLE CIRCUMSTANCES RIGHT NOW THAT WE'LL EVER BUMP UP AGAINST THAT CAP AGAIN.
AND I EXPECT THAT NUMBER TO DROP OVER THE NEXT NUMBER OF YEARS DUE TO THE CHANGES IN THE STATE PROPERTY TAX LAW IN THE LAST LEGISLATURE.
NUMBER SEVEN, AND THIS IS TECHNICALLY CORRECT, NO GENERAL OBLIGATION, DEBT LIMITATION IS IMPOSED ON THE CITY UNDER CURRENT STATE LAW, BUT THE PORTION OF THE PROPERTY TAX RATE THAT IS SET ASIDE TO PAY THE DEBT SERVICE IS A PART OF THE CAP THAT WE TALKED ABOUT.
AND ELSEWHERE IN THE BUDGET, THERE IS A SECTION THAT SHOWS HOW WE MEET THE STANDARD THAT IS IMPOSED BY THE STATE ATTORNEY GENERAL'S OFFICE WHENEVER YOU BORROW ANY MONEY, AND IT'S BASED ON THE ANNUAL DEBT SERVICE PAID VERSUS I THINK A HALF A PERCENT OF YOUR TAXABLE VALUE.
AND THERE IS A CHART IN THE DEBT SERVICE FUND PORTION OF THE BUDGET.
BEFORE I GO ANY FURTHER, ANY QUESTIONS ON ANY OF THOSE PARTICULAR ITEMS. OK, LET ME PROCEED THEN.
BUDGET SUBMISSION AND REVIEW, BASICALLY WHAT YOU SEE IS UP TO THE TIME THAT THE MANAGER SUBMITS THE BUDGET AND THIS SHOULD SAY THE MANAGER SUBMITS THE PROPOSED BUDGET TO THE COUNCIL.
WE'VE GOT SOME BUGS IN OUR WORD DOCUMENT HERE THAT'S A REPLACED BY FUNCTION.
MANAGER SUBMITS A PROPOSED BUDGET TO THE CITY COUNCIL AT LEAST 45 DAYS PRIOR TO THE START OF THE FISCAL YEAR ON OCTOBER 1ST.
THAT'S USUALLY AT AUGUST 15TH.
ONCE IT'S IN YOUR HANDS, YOU'VE GOT TO MAKE SURE THAT WE'RE NOT PROPOSING YOU A BUDGET THAT'S MORE THAN SEVEN PERCENT GREATER THAN THE PRIOR YEAR, AND THIS INCLUDES UNSPENT FUNDS ALREADY CONSIDERED IN THE PRIOR YEAR.
SO MONEY SET ASIDE FOR THE SPECIAL REVENUE FUNDS THAT ARE DEDICATED FUNDS THAT
[02:05:02]
HAPPENED TO NOT BE SPENT IN A GIVEN YEAR.BOND PROCEEDS MAY BE SPENT OVER A PERIOD OF YEARS.
THEY DO NOT COUNT IN THAT SEVEN PERCENT MEASURE.
SO IF YOU LOOK AT IT, WE HAVE A SEPARATE PAGE THAT TESTS THAT PROVISION AGAINST THE BUDGET AND WE'RE WELL UNDER IT EVERY YEAR.
THE NEXT PROVISION THAT COMES FROM THE STATE LAW IS A REQUIREMENT FOR A PUBLIC HEARING, IT HAS TO OCCUR AT LEAST 15 DAYS AFTER THE BUDGET IS SUBMITTED TO GIVE PEOPLE TIME TO ABSORB IT AND COME UP WITH QUESTIONS THEY MAY HAVE.
AND A NEWSPAPER ADVERTISEMENT HAS TO APPEAR AT LEAST 10 DAYS BEFORE THE DATE OF THE HEARING.
THE FRONT PAGE OF THE BUDGET INCLUDES SOME DISCLOSURE INFORMATION ON PROPERTY TAX REVENUE AND ALSO ON THE TAX RATES THAT ULTIMATELY ARE ADOPTED AFTER THE BUDGET PASSES.
AND I'LL JUST READ IT FOR YOUR BENEFIT.
THIS YEAR'S DOCUMENT SAYS THIS BUDGET WILL RAISE MORE TOTAL PROPERTY TAXES THAN LAST YEAR'S BUDGET BY THREE MILLION, ONE HUNDRED AND FIFTY SIX THOUSAND DOLLARS, WHICH IS A EIGHT POINT NINE FIVE PERCENT INCREASE.
AND OF THAT AMOUNT, SIX HUNDRED AND TWENTY SIX THOUSAND IS TAX REVENUE TO BE RAISED FROM NEW PROPERTY ADDED TO THE TAX ROLL THIS YEAR.
THEN WE ADDED AND WE MET THE REQUIREMENT IN THE LAW.
THAT'S THE EXACT LANGUAGE IF YOU GO AND LOOK AT IN CHAPTER 102.
I'M LOOKING AT THE WRONG SECTION.
YEAH, 102.0065 WE ADDED TO THAT THE PROPERTY TAX REVENUE INCREASE ALSO INCLUDES ONE MILLION SEVENTY SIX THOUSAND THREE HUNDRED DOLLARS IN TAX REVENUE THAT WAS ALLOCATED LAST YEAR TO THE TAX INCREMENT REINVESTMENT ZONES AND WAS NOT A PART OF THE BUDGET.
WHEN WE CLOSED TIR'S 12 AND 14 THAT REVENUE ALREADY EXISTED, IT WAS GOING TO THE TIR'S.
SO WE WERE NOT PENALIZED WHEN IT WAS TIME TO GET THAT CASH FLOW BACK FROM THE TIR'S UNDER THE STATE PROPERTY TAX CODE.
AND WE WERE ABLE TO MOVE THAT REVENUE BACK INTO CITY COFFERS AND SHARED BETWEEN THE GENERAL FUND, THE DEBT SERVICE FUND AND THE LIBRARY FUND.
AND THAT IS THE REASON FOR THAT SUBSTANTIAL INCREASE OF THREE MILLION HUNDRED AND FIFTY SIX THOUSAND DOLLARS.
WE'RE ALLOWED TO ADD TO THE EXPLANATION IF IT HELPS THE PUBLIC TO UNDERSTAND WHAT WE'VE DONE.
THIS IS KIND OF A THEME WE TRY TO GIVE PEOPLE INFORMATION AND NOT DATA.
IT'S TOUGH WITH A BUDGET BECAUSE OF THE DETAIL THAT IS INCLUDED IN IT.
BUT THIS IS AN EXAMPLE OF WHERE WE DO TRY TO PROVIDE ADDITIONAL INFORMATION TO HELP PEOPLE UNDERSTAND WHAT'S GOING ON.
OK, ANY QUESTIONS ABOUT THAT SECTION? ALL RIGHT.
AS FAR AS BUDGET ADOPTION IS CONCERNED, THE CHARTER STILL SAYS THE COUNCIL SHALL ADOPT THE BUDGET NO LATER THAN THE SECOND OR LAST MEETING IN SEPTEMBER OR AND THIS WAS NEW WHEN THE CHARTER WAS AMENDED IN 2016, OR IT WILL TAKE EFFECT IN ITS THEN CURRENT PROPOSED FORM.
THIS IS A PROVISION THAT I SAW IN ANOTHER CITY I WORKED IN NEAR HERE, ACTUALLY [INAUDIBLE] AND WITH OUR PENSION FOR HAVING STORMS IN SEPTEMBER THAT CAN INTERFERE WITH THIS PROCESS WE WOULD NEVER WANT TO GET TO OCTOBER 1ST AND NOT HAVE THE CAPACITY TO CONDUCT CITY BUSINESS AND PAY OUR EMPLOYEES BECAUSE WE HAD NO BUDGET.
SO THAT'S REALLY THE SPIRIT OF THAT PROVISION.
AND THE PROVISION GOES ON AND SAYS THAT THE CURRENT PROPOSED FORM WILL BE USED UNTIL THE COUNCIL HAS A CHANCE TO FORMALLY ADOPT THE BUDGET.
NUMBER TWO, AND THIS IS REALLY BY [INAUDIBLE] THE BUDGET IS ADOPTED BEFORE THE TAX RATE IS ADOPTED BY CITY COUNCIL TO ENSURE THAT THE TAX LEVY IS IN ACCORDANCE
[02:10:06]
WITH THE BUDGET.THAT'S ACTUALLY PHRASEOLOGY THAT COMES FROM THE PROPERTY TAX CODE AS FAR AS THE APPROVAL OF THE TAX RATE IN THE SETTING OF THE TAX RATE AND THE TAX LEVY IS CONCERNED.
SO WHATEVER WE DO WITH OUR SCHEDULE EACH YEAR, WE'VE GOT TO PROVIDE FOR THE BUDGET BEING ADOPTED BEFORE THE PROPERTY TAX RATE AND WE DON'T HAVE IT HERE.
WHEN IT COMES TO THE PUBLIC HEARING, THE STATE LAW ACTUALLY SAYS THAT WHEN YOU HAVE YOUR PUBLIC HEARING ON THE BUDGET AT THE END OF THE PUBLIC HEARING, YOU HAVE TO TAKE SOME ACTION ON IT.
NOW, THAT COULD BE ANYTHING FROM TURNING IT DOWN, ADOPTING IT, AMENDING IT, TABLING IT.
YOU'RE JUST REQUIRED TO TAKE SOME KIND OF ACTION ON IT AT THE END OF THE PUBLIC HEARING.
ONCE ADOPTED, THE BUDGET NUMBER THREE CAN BE AMENDED WITH APPROVAL OF THE CITY COUNCIL TO MOVE FUNDS FROM ONE DEPARTMENT TO ANOTHER TO MEET EITHER GENERAL MUNICIPAL PURPOSES OR UNFORESEEN EMERGENCIES.
NOW, LET'S TALK ABOUT THIS ONE PIECE AT A TIME.
LET'S TAKE THE GENERAL FUND, FOR INSTANCE, THE FINANCE DEPARTMENT SHOWS UP IN THE GENERAL FUND BUDGET AT OUR DIVISION LEVEL, MY BUDGET IS ONE DIVISION OF FINANCE, PURCHASING IS ANOTHER DIVISION.
ACCOUNTING IS ANOTHER DIVISION.
BUT ALL COMBINED, THEY COMPRISE THE FINANCE DEPARTMENT.
SO IF WE WANT TO PROPOSE MOVING SOME MONEY FROM ANOTHER DEPARTMENT TO ADD TO OUR BUDGET OR VICE VERSA, THAT HAS TO BE FINALLY APPROVED BY COUNCIL.
IF WE KNOW WE NEED IT PROSPECTIVELY, WE WILL ASK FOR IT BEFORE WE GET TO THE END OF THE FISCAL YEAR.
BUT TYPICALLY, WHEN DEPARTMENTS COME IN WITH A CONCERN THAT THEY'RE NOT GOING TO MAKE IT WITH THEIR EXISTING BUDGET THROUGH THE END OF THE YEAR, I ALWAYS ASK THEM THE QUESTION, LET'S SUPPOSE THEY'VE GOT A FIVE MILLION DOLLAR BUDGET AND IT'S A TEN THOUSAND DOLLAR ITEM.
I WILL ASK THEM IF THEY CAN GUARANTEE ME THAT THEIR BUDGET IS GOING TO OVERRUN BY TEN THOUSAND DOLLARS BY THE END OF THE YEAR.
AND IF THEY CAN'T GUARANTEE ME, WHICH THEY OBVIOUSLY CAN'T, THE WHOLE POINT IS TO WORK WITH THE BUDGET THAT'S BEEN GIVEN TO YOU.
AND WE'LL SEE WHERE WE ARE AS WE APPROACH THE END OF THE YEAR.
I BELIEVE THIS MANAGEMENT PRACTICE SAVES A LOT OF PADDING OF LINE ITEMS TO TRY TO PREVENT THE NOTION THAT THAT'S ALL THE MONEY YOU'LL GET.
WE LIKE TO SAY YOU GET EVERY PENNY YOU NEED AND NOT A PENNY MORE THAN THAT.
SO IF YOU'RE DOING RIGHT THINGS, IF YOU'RE DOING WHAT THE CITY MANAGER AND DEPUTY CITY MANAGER WANT YOU TO DO, AND THEY'RE OPERATING WITH YOU IN CONJUNCTION WITH THE POLICIES AND DIRECTION GIVEN FROM COUNCIL WHEN THE BUDGET IS PASSED, IT'S GOING TO BE OK.
WE'LL HAVE CONTINGENCY FUNDS AT THE DEPARTMENT LEVEL WHERE WE WILL EITHER HAVE SOME KIND OF UNDERRUN OR SOMETHING THAT WILL ADDRESS THAT PROBLEM.
THAT MEANS IT'S PROBABLY AN EMERGENCY.
NOW, LET'S TALK ABOUT GENERAL MUNICIPAL PURPOSES AND UNFORESEEN EMERGENCIES.
THERE ARE PEOPLE WHO GET KIND OF WRAPPED AROUND THE ACTUAL, IF YOU WILL, ABOUT THE LANGUAGE THAT'S IN THE STATE LAW AND THERE'S SIMILAR LANGUAGE IN OUR CHARTER ON EMERGENCIES AND THE LIMITATION THAT YOU SHOULD ONLY AMEND YOUR BUDGET IN CASE OF AN EMERGENCY THAT CANNOT POSSIBLY HAVE BEEN FORESEEN WITH REASONABLE FORESIGHT.
THAT'S ACTUALLY SOME OF THE LANGUAGE THAT'S OUT THERE.
WELL, I CAN FORESEE A LOT OF DIFFERENT KINDS OF EMERGENCIES THAT WOULD CAUSE US TO NEED 800000 OR A MILLION DOLLARS OR 20 OR 30 MILLION DOLLARS IF WE WERE FACING A MAJOR GULF STORM.
SO IN 2016, WE PROPOSED AND THE VOTERS APPROVED SOME LANGUAGE ADDED TO THE CHARTER THAT BASICALLY GIVES THE COUNCIL THE AUTHORITY TO ADDRESS EMERGENCIES AS YOU SEE FIT WITHOUT A DOLLAR LIMIT.
[02:15:04]
THAT IS THE ROLE OF THE COUNCIL.THERE'S EMERGENCY AUTHORITY THAT THE MAYOR THAT CAN KICK IN.
BUT REALLY THE THOUGHT BEHIND THAT LANGUAGE WAS TO CLARIFY THAT THE GENERAL MUNICIPAL PURPOSES, LANGUAGE WHICH FALLS UNDER THE LAW, YOU SEE ITS .
010, AND THE EMERGENCY LANGUAGE IS .
009 IT'S VERY ODD IT SAYS THERE'S NOTHING IN THIS CHAPTER THAT PREVENTS THE CITY FROM DOING WHAT IT NEEDS TO DO FOR GENERAL MUNICIPAL PURPOSES.
AND THAT'S USUALLY THE KIND OF REASONS BEHIND THE BUDGET AMENDMENTS THAT WE BRING IS ITS GENERAL MUNICIPAL PURPOSES.
ANY QUESTIONS ABOUT THAT? OK, BUDGET ADMINISTRATION AND I'LL PICK UP MY FEET HERE A LITTLE BIT AND GO QUICKER ON THIS.
THESE ARE ITEMS THAT COME DIRECTLY FROM SOME OF THE DIFFERENT SECTIONS OF THE CHARTER AND CODE OF ORDINANCES.
NUMBER SIX, I'LL POINT OUT TO YOU, IS SOMETHING THAT IS ACTUALLY IN THE BUDGET ORDINANCE THAT WE ASKED FOR A FEW YEARS AGO.
AND COUNCIL GRANTED THAT AS WE'RE GETTING DOWN TO THE END OF CLOSING, PARTICULARLY CLOSING OFF BOND FUNDS, YOU CAN HAVE A FUND CARRY ON INDEFINITELY WITH SMALL BALANCES BECAUSE THEY'RE GETTING INTEREST FROM THE INVESTMENT POOL.
AND THIS ALLOWS US ADMINISTRATIVELY TO CLEAN THAT UP.
NUMBER TWO, THIS IS A QUESTION WE GET QUITE FREQUENTLY ANY UNENCUMBERED BALANCE OF BUDGETED OR APPROPRIATED FUNDS REVERTS TO AND REMAINS IN THE FUND FROM WHICH IT IS APPROPRIATED.
THAT'S BASIC GOVERNMENTAL ACCOUNTING.
YET WE HAD THE ISSUE COME UP THE OTHER DAY WITH THE POSTPONEMENT OR CANCELATION, IF YOU WILL, OF MARDI GRAS.
THERE'S A BUDGET LINE IN OUR CONVENTION CENTER SURPLUS FUND THAT ALLOCATES MONEY TO THE SECURITY AND THE SET UP.
WHAT HAVE YOU ASSOCIATED WITH THAT EVENT, COSTS OF WHICH ARE INCURRED BY CITY DEPARTMENTS? AND THE QUESTION WAS, WHAT'S GOING TO HAPPEN TO THAT MONEY? WELL, THIS TELLS YOU IT'S GOING TO DROP TO THE BOTTOM LINE AND STAY IN OUR CONVENTION CENTER SURPLUS FUND, OTHERWISE KNOWN AS THE TRICKLE DOWN ACCOUNT.
THAT'S THE SAME PRINCIPLE THAT WE HAVE FOR EVERY OPERATING AND CAPITAL FUND THAT WE HAVE.
I'M NOT GOING TO READ ALL OF THOSE.
OK, I WANT TO GET TO PROPERTY TAXES.
HOPEFULLY THIS BODY WILL FIND THE QUARTERLY REPORTS USEFUL.
WE DID, I THINK, PROVIDE SOME ADDITIONAL QUARTERLY REPORTS TO THE MAYOR AND COUNCIL AT COUNCIL MEMBER ROBB'S REQUEST FROM THE LAST MEETING.
FINANCIAL ADMINISTRATION IS AT THE VERY END OF THIS SECTION.
I'M NOT GOING TO ADDRESS IT UNLESS YOU WANT TO ASK SOME QUESTIONS ABOUT IT.
BUT, THE MANAGEMENT OF OUR CASH AND INVESTMENTS IS SOMETHING THAT IS VITALLY IMPORTANT.
PURCHASING, SUSAN IS GOING TO DO A GREAT PRESENTATION ON THAT FOR YOU.
AND OUR POLICE PENSION CONTRIBUTION IS BASED ON STATE LAW, THE WAY THAT WE PUSH THEM CASH.
THE PERCENTAGES WERE ADDRESSED IN TWENTY NINETEEN.
AND SO THAT WAS A PART OF [INAUDIBLE].
I THINK WHERE WE NEED TO GO BACK TO THE POWERPOINT NOW JANELLE.
PROPERTY TAX ASSESSMENT, AS YOU SAW, THE PROPERTY TAX RATE AND THE BUDGET ARE INEXTRICABLY LINKED TOGETHER AND UNDER THE NEW STATE LAW, WITH THE NO NEW REVENUE TAX RATE, THE NO NEW REVENUE, MAINTENANCE AND OPERATIONS RATE, THE VOTER APPROVAL
[02:20:05]
RATE, AND THE DEBT RATE.IF YOU DECIDE WERE TO EVER DECIDE THAT YOU WANTED A TAX RATE HIGHER THAN THE VOTER APPROVED RATE, I'LL TALK ABOUT THAT IN A MINUTE.
WE WOULD HAVE TO BEGIN REALLY EARLY ON TO DO BUDGET PLANNING AND PASS A BUDGET AND THEN HAVE OURSELVES SET SO THAT WE HAD A SPENDING PLAN FOR WHATEVER THE RATE WAS SUPPOSED TO BE.
AS WE SAY, WE'RE PROBABLY NOT GOING TO RECOMMEND A COURSE OF ACTION LIKE THAT, BUT IT WOULD AFFECT YOUR SCHEDULE.
GALVESTON COUNTY APPRAISAL DISTRICT STARTS THEIR PROCESS, EVERYBODY IS FAMILIAR WITH THAT, SENDS APPRAISAL NOTICES CONDUCTS HEARINGS IN APRIL AND MAY.
IN JUNE YOU HAVE A CRACK AT REVIEWING AND POTENTIALLY REVISING OUR TAX EXEMPTION AMOUNTS AND PERCENTAGES JUNE 30 EACH YEAR.
THE TWO BIG EXEMPTIONS THAT WE HAVE ARE THE HOMESTEAD EXEMPTION, WHICH WE'RE AT THE MAXIMUM PERCENTAGE FOR THAT 20 PERCENT OF TAXABLE VALUE AND THE OVER 65 TAX FREEZE.
THERE'S A LIST OF OTHER EXEMPTIONS THAT YOU'RE ABLE TO CONSIDER AT THAT TIME THAT HAVE TO DO WITH HOMESTEAD PROPERTY OWNERS THAT ARE IN SPECIAL HEALTH OR AGE CIRCUMSTANCES.
AFTER THE MONTH OF JUNE, JULY, THE APPRAISAL DISTRICT SENDS THE CERTIFIED TAX ROLL TO US.
NOW WE MONITOR THE DEVELOPMENT OF THAT ROLE WEEK BY WEEK.
SO WE HAVE SOME GOOD SENSE OF WHERE IT'S GOING TO END UP.
THEY SEND US AN INTERIM REPORT.
ALL WE HAVE TO DO IS ASK FOR IT.
SO WE STAY RIGHT ON TOP OF THAT.
THE GALVESTON COUNTY TAX ASSESSOR COLLECTOR, YOU MAY OR MAY NOT BE AWARE, IS THE CITY'S TAX ASSESSOR COLLECTOR, AND THAT INCLUDES NOT JUST FOR COLLECTION PURPOSES, BUT FOR DEVELOPING THE RATE CALCULATIONS THAT RESULT IN THE NEW REVENUE TAX RATE AND NO NEW REVENUE.
M&O RATE THE VOTER APPROVAL RATE WHAT HAVE YOU.
THIS INFORMATION GETS ASSEMBLED AND PRESENTED TO COUNCIL I SPONSOR IT WE WORK TOGETHER MS. JOHNSON AND I, AND SHE SIGNED OFF ON THIS PRESENTATION I'M GIVING YOU THIS MORNING THE INFORMATION IN IT.
SO THE TAX CODE PROVIDES AFTER THE JULY TWENTY FIFTH DATE IS MAPPED BY THE APPRAISAL DISTRICT.
WE HAVE TO PRESENT TO YOU BY AUGUST 7TH.
ALL THE STATISTICS FOR THE TAX ROLL, INCLUDING THE NO NEW TAX RATE CALCULATION, AS WELL AS A PROPOSED RATE THAT IS NECESSARY TO SUPPORT THE PROPOSED BUDGET THAT HAS BEEN PROVIDED TO COUNCIL.
AT THAT POINT, YOU'RE ASKED TO PROVIDE A PROPOSED RATE FOR DISCUSSION AND PUBLIC HEARINGS PURPOSES SO THAT THE PUBLIC WILL KNOW WHAT YOU'RE LIKELY GOING TO ADOPT IN SEPTEMBER, THE TAX ASSESSOR COLLECTOR FORMULATES A PUBLIC NOTICE, RUNS IT IN THE PAPER THAT NOTIFIES THE PUBLIC OF THE PROPOSED RATE ADOPTED BY COUNCIL.
NOW, SOME OF THIS HAS CHANGED.
AND WE REALIZED YESTERDAY IN THE LAST FEW DAYS THAT THERE'S MORE THAN MEETS THE EYE IN TERMS OF SENATE BILL 2 THAN WE THOUGHT.
AND I'VE GOT IT IN THE NEXT FEW BULLETS HERE.
IF, THE PROPOSED TAX RATE IS EQUAL TO OR LESS THAN THE NO NEW REVENUE RATE THEN NO PUBLIC HEARING IS REQUIRED.
AND THE TAX ASSESSOR COLLECTOR PUBLISHES THE PROPOSED TAX RATE ONCE BEFORE THE TAX RATE IS ADOPTED.
THERE'S NO REQUIREMENT NOW FOR TWO PUBLIC HEARINGS.
THE ONLY TIME YOU HAVE TO HAVE A PUBLIC HEARING IS IF THE RATE IS GREATER THAN THE NO NEW REVENUE RATE AND.
THE AD HAS TO BE PUBLISHED THAT SETS THE PUBLIC HEARING DATE BASED ON WHAT COUNCIL HAS APPROVED AND THAT AD WILL RUN IN THE PAPER FIVE DAYS IN ADVANCE OF THE MEETING.
AND WE HAVE TO HAVE IT ON CHANNEL 16 IN OUR WEB PAGE, SEVEN DAYS IN ADVANCE OF THE MEETING.
WHAT THEY'VE DONE IS CHANGE THE REQUIREMENT THAT YOU CAN'T ADOPT THE TAX RATE
[02:25:04]
FOR SEVEN DAYS AFTER YOU HAD YOUR PUBLIC HEARING.THEY'VE REPLACED THAT SEVEN DAY WAIT WITH THIS NOTIFICATION REQUIREMENT.
AND THEN WHEN YOU HAVE YOUR TAX HEARING RATE, PROPERTY TAX RATE, PUBLIC HEARING AT THE END OF THE PUBLIC HEARING, YOU GO ON AND ADOPT A RATE.
SO THEY'VE TAKEN THE SEVEN DAYS AND MOVED IT AHEAD OF THE HEARING INSTEAD OF HAVING IT AFTER THE HEARING.
AND THE RATE HAS TO BE ADOPTED BY COUNCIL BY SEPTEMBER 30TH OR WITHIN 60 DAYS AFTER THE TAX ROLL IS RECEIVED FROM THE APPRAISAL DISTRICT.
SO WE USUALLY MEET THAT GOAL, BUT IT DEPENDS ON EARLY DISCUSSION, WHICH IS TWO SLIDES DOWN.
GIVE ME THE NEXT SLIDE, PLEASE, JANELLE.
OK, JUST SOME DEFINITIONS AND NOTES THE NO NEW REVENUE RATE USED TO BE CALLED THE EFFECTIVE RATE, THAT'S THE TAX RATE THAT WILL RESULT IN THE SAME REVENUE AS LAST YEAR, GIVEN THE CHANGES TO VALUATION MADE BY THE APPRAISAL DISTRICT, THE PROPERTY THAT WAS A PART OF LAST YEAR'S ROLL.
NEW CONSTRUCTION IS NOT CONSIDERED A PART OF THAT CALCULATION, AND NEW CONSTRUCTION IS LITERALLY NEW CONSTRUCTION.
IT DOES NOT INCLUDE MAJOR REHAB OF OUR HISTORIC HOMES OR ANY OF THAT.
IT HAS TO BE A BRAND NEW IMPROVEMENT ON PRIVATE PROPERTY.
THE VOTER APPROVAL RATE IS THE RATE THAT WOULD PRODUCE THREE AND A HALF PERCENT MORE REVENUE THAN THE NO NEW REVENUE RATE.
AND IF YOU WANT TO GO BEYOND THE VOTER APPROVAL RATE AND YOU HAVE TO CONSCIOUSLY DO THIS, SO CHOOSE TO BE ON THE BALLOT.
IF IT'S TURNED DOWN IN THE ELECTION, THAN THE RATE WILL ONLY REVERT TO THE VOTER APPROVAL RATE NOW, THAT'S A CHANGE.
THE THREE AND A HALF PERCENT CAP REPLACED AN EIGHT PERCENT CAP THAT WAS IN THE LAW FOR ALMOST 40 YEARS, I GUESS, AND THE RULE IN THOSE DAYS WAS IF YOU HAD A TAX ELECTION TO GO BEYOND THE EIGHT PERCENT YOU LOST, IT WOULD REVERT TO ZERO PERCENT EFFECTIVE RATE.
THAT'S NOT THE CASE NOW BECAUSE THEY'VE GOT THIS LOWER CAP.
THEY'RE GIVING YOU AN OPPORTUNITY.
IF YOU WANT TO GO A LITTLE BIT ABOVE THE VOTER APPROVAL RATE, IF YOU LOSE, IT JUST DROPS BACK TO THAT.
BUT BUT HERE'S THE PROBLEM WITH THAT.
BECAUSE OF THE TIMING OF THE ELECTION, THE TAX ASSESSOR COLLECTOR MAY NEED TO GO AHEAD AND SEND BILLS OUT AND THEY HAVE TO ADJUST THEM.
THERE'S A WHOLE SET OF LANGUAGE IN THE TAX LAW TO THAT EFFECT.
AND REALLY, I CAN'T IMAGINE THAT ANYBODY IN THE STATE IS GOING TO WANT TO GO THROUGH A WHOLE PLANNING PROCESS ONLY TO SEE THE RATE THAT SUPPORTS IT BE TURNED DOWN FOR WHATEVER REASON.
BUT THAT'S INFORMATION FOR THE COUNCIL TO CONSIDER IN THE FUTURE.
ALSO, INFORMATION FOR THE COUNCIL TO CONSIDER IN THE FUTURE, SOMETHING THAT PROBABLY NEEDS TO BE ADDRESSED WITH THE NEXT SET OF CHARTER CHANGES IS IF YOU LOOK AT OUR TAX RATE, THERE'S A DEBT SERVICE PORTION AND AN M&O PORTION.
AND THEN BY OUR CHARTER, THE M&O PORTION INCLUDES A MINIMUM FIVE CENT TAX THAT'S SET ASIDE FOR THE LIBRARY.
NOW, WE'RE NOT PICKING ON THE LIBRARY, BUT EVERYBODY NEEDS TO UNDERSTAND THAT'S A GUARANTEE BECAUSE THAT FIVE CENTS IS GOING TO REMAIN IN PLACE AS LONG AS THERE'S PROVISIONS IN THE CHARTER AND YOUR M&O RATE IS LIKELY TO DROP EVERY YEAR.
SO THE FIVE CENT SET ASIDE IS GOING IT'S A GUARANTEE THAT THE GENERAL FUND DOESN'T HAVE AVAILABLE THEN.
AND THAT'S WHERE WE'RE TRYING TO PROVIDE OTHER BASIC SERVICES.
SO THIS IS SOMETHING THAT, AGAIN, WILL PROBABLY NEED TO BE ADDRESSED IN THE NEXT CHARTER ELECTION.
JANELLE, CAN YOU GIVE ME THE NEXT SLIDE AND I'M GETTING CLOSE TO THE END.
OH, AND YOU'RE ALREADY SEEING IT.
AND THE IDEA IS, INSTEAD OF WAITING ON PEOPLE TO COME TO US AND AND HAVE TO PRY INFORMATION OUT OF US, ON WHAT CITY'S FINANCIAL STATUS IS.
[02:30:01]
THE SPIRIT OF THIS IS TO TRY TO PROVIDE YOU INFORMATION AHEAD OF TIME.IN SEPTEMBER, THE BUDGET, THE CIP AND THE TAX RATE ARE ALL ADOPTED.
IN OCTOBER AND NOVEMBER, WE'RE CLOSING OUT THAT PREVIOUS FISCAL YEAR AND IDENTIFYING BUDGET ADJUSTMENTS.
IN DECEMBER, WE PUBLISH AND YOU HAVE THIS THE FOURTH QUARTER BUDGET STATUS REPORT AND GIVE YOU AN AMENDMENT IF WE NEED TO COVER ANY BUDGET OVERRUNS THAT OCCURRED IN THAT FISCAL YEAR THAT ENDED SEPTEMBER 30TH.
IN FEBRUARY WE WILL GIVE YOU A FIRST QUARTER BUDGET STATUS REPORT FOR THIS YEAR.
THAT'S FOR THE QUARTER THAT ENDS DECEMBER 31ST.
WE WAIT UNTIL FEBRUARY TO SEE WHAT OUR SALES TAX NUMBER IS.
THAT'S TYPICALLY THE LARGEST SALES TAX PAYMENT WE GET ALL YEAR.
IN MARCH, WE PUBLISH THE FINAL COMPREHENSIVE ANNUAL FINANCIAL REPORT, THE CAFR.
IN APRIL WE'RE TALKING WITH YOU ABOUT LONG TERM POLICIES AND ASSUMPTIONS, THAT HAS TO DO WITH THINGS LIKE TAX RATES, WATER RATES, CAPITAL IMPROVEMENT PLAN, STAFFING.
AND WE WON'T LOOK AT ALL 40 FUNDS WITH YOU, BUT WE'LL CERTAINLY ALWAYS LOOK AT THE GENERAL FUND.
ISLAND TRANSIT HAS SOME SPECIAL CHALLENGES, NOT THE LEAST OF WHICH WAS THE GOOD CHALLENGE THIS YEAR.
THE EXTRA FOUR MILLION DOLLARS THAT WE GOT OUT OF THE CARES ACT FOR OUR PUBLIC TRANSIT SYSTEM.
BUT THOSE ARE THE KINDS OF ISSUES THAT WE WILL ADDRESS IN APRIL WITH YOU TO TRY TO GET SOME SENSE OF GUIDANCE ON HOW WE GO DEVELOP THE BUDGET.
AND THE BUDGET THEN IN MAY IS BASED ON TARGETS THAT WE GIVE DEPARTMENTS THAT COME BACK TO THE PROJECTED TOTALS FOR NEXT YEAR BASED ON THE POLICIES AND ASSUMPTIONS THAT WE'VE ESTABLISHED IN APRIL.
AND WE FLESH OUT THOSE TARGETS AT A DETAILED LEVEL WITH THE DEPARTMENTS AND WITH THE DEPARTMENTS KNOWING ON THE FRONT END OF THEIR REQUEST PROCESS WHAT THEIR BUDGET IS LIKELY TO BE THAT GIVES THEM AN OPPORTUNITY TO REQUEST MORE TO CORRECT OUR MISUNDERSTANDINGS OF WHAT THEIR SPENDING PATTERNS MAY BE.
AND THIS, I THINK, IS WHY YOU DON'T SEE KNOCKDOWN DRAG OUTS DURING THE END OF THE BUDGET PROCESS ANYMORE.
AND THIS IS A BEST PRACTICE BEEN USED ACROSS THE COUNTRY SINCE THE 1980S.
I'VE USED IT WITH EVERY BUDGET I'VE DONE AND EVERY CITY I'VE BEEN IN.
AND IT'S ALWAYS BEEN SUCCESSFUL BECAUSE IT AVOIDS THE LAST MINUTE CONFUSION WITH LAST MINUTE CUTS THAT DEPARTMENT HEADS MAY OR MAY NOT HAVE HAD A CHANCE TO THINK THROUGH IT.
SO THAT'S THE REASON WE TRY TO GET STARTED AS EARLY AS WE DO.
IN MAY WE'LL HAVE THE SECOND QUARTER BUDGET STATUS REPORT AND WE'LL PUBLISH IT FOR THIS YEAR.
JUNE IS WHEN WE BEGAN TO TALK IN EARNEST AND WORKSHOPS WITH THE COUNCIL.
IN JULY, WE PRESENT THE BUDGET AND CIP TO COUNCIL AND IN AUGUST AND SEPTEMBER IT COMES TO REVIEW AND ADOPTION OF THE BUDGET CIP AND TAX RATE WE TALKED ABOUT.
SO IN ALL OF THE PRINCIPLES AND REQUIREMENTS THAT WE TALKED ABOUT THIS MORNING ARE EMBEDDED IN THIS PROCESS.
ANY QUESTIONS? MIKE THANK YOU, I KNOW WE'LL BE GOING OVER THIS QUITE A BIT AS WE GET INTO THE BUDGET PROCESS, KNOW TO THAT, BUT APPRECIATE IT VERY MUCH.
OF COURSE, IF YOU HAVE QUESTIONS YOU CAN GET WITH MIKE AT ANY TIME.
MIKE, YOU WANT TO SAY SOMETHING.
I WAS JUST GOING TO SAY THERE IS ONE LAST SLIDE, JANELLE, IF YOU CAN FLIP TO IT.
SOME OF THIS IS REDUNDANT, BUT IF YOU WOULD TAKE SOME TIME AND READ THAT AND [INAUDIBLE] MAYOR JUST SAID IF YOU HAVE ANY QUESTIONS, JUST LET ME KNOW.
[02:35:01]
THAT'S IT.NO I'VE TURNED IT OVER TO SUSAN.
BEFORE WE GET TO SUSAN JANELLE, IF WE COULD MAKE SURE THAT COUNCIL RECEIVES A COPY OF ALL OF THESE POWER POINTS, THAT WOULD BE APPRECIATED.
[3.G. The Purchasing Process]
NOW, WE'RE GOING TO BE [INAUDIBLE] ABOUT OUR PURCHASING PROCESS.WE'RE GOING TO TALK TODAY ABOUT HOW THE CITY SO HANG ON JUST A SECOND.
LET ME SHARE MY SCREEN WITH YOU.
OK, SO WE'RE GOING TO TALK ABOUT LOCAL, STATE AND FEDERAL LEVELS.
WE'RE GOING TO TALK ABOUT THE PURCHASING THRESHOLDS.
WE'RE GOING TO TALK ABOUT COMPETITIVE SOLICITATIONS AND HOW WE DO THOSE HERE AT THE CITY OF GALVESTON.
THE CITY CHARTER IS THE FIRST LINE OF LAWS, IT GRANTS PURCHASING AUTHORITY OF THE CITY, ITS ARTICLE SEVEN, SECTION 17 PURCHASE PROCEDURE, IT ESTABLISHES THE DOLLAR THRESHOLD FOR APPROVAL.
QUOTES ARE REQUIRED FOR PURCHASES OVER A THOUSAND DOLLARS.
THE CITY MANAGER HAS THE AUTHORITY TO ENTER INTO PURCHASES AND CONTRACTS NOT EXCEEDING FIFTEEN THOUSAND DOLLARS.
ALSO, IT ESTABLISHES THE PURCHASING AUTHORITY OF THE CITY MANAGER IN THE EVENT OF A LOCAL STATE OF DISASTER.
AND THAT IS NOT TO EXCEED 10 PERCENT OF THE CITY'S CURRENT ANNUAL BUDGET.
IT ALSO ESTABLISHES THE LENGTH OF A CONTRACT.
CONTRACTS WITH THE CITY CANNOT EXCEED THIRTY SIX MONTHS OR THREE YEARS UNLESS THE LONGER TERM NOT TO EXCEED 60 MONTHS OR FIVE YEARS IS APPROVED BY CITY COUNCIL.
THE CITY CHARTER ALSO HAS A SECTION ON SURPLUS PROPERTY THAT'S ARTICLE 14, SECTION 16, SALE OF PROPERTY.
NO CITY PROPERTY WITH THE VALUE OF OVER ONE THOUSAND DOLLARS CAN BE SOLD WITHOUT THE APPROVAL OF CITY COUNCIL.
CITY CODE, CHAPTER TWO, DIVISION SEVEN, THIS IS IN THE CODE OF ORDINANCES, PURCHASING AGENT, SECTION TWO, DASH ONE 17 PURCHASING POLICIES AND PROCEDURE MANUAL.
THIS ESTABLISHES THAT WE ARE SUPPOSED TO HAVE A PURCHASING AND POLICY AND PROCEDURE MANUAL ON FILE.
IT SAYS ALL OF THE PURCHASING AND BIDDING SHALL BE DONE IN ACCORDANCE WITH APPLICABLE STATE AND FEDERAL LAW AND IN ACCORDANCE WITH THE POLICIES AND PROCEDURES SET FORTH IN THE DOCUMENT ENTITLED CITY OF GALVESTON, TEXAS PURCHASING POLICIES AND PROCEDURES MANUAL.
A COPY MUST BE KEPT ON FILE WITH THE CITY SECRETARY AND IT IS LOCATED HERE.
YOU'LL GET THE COPY OF THE SLIDES AND YOU CAN CLICK ON THAT LINK WHERE IT SAYS HERE OR THE GO TO THE WEBSITE ON THE PURCHASING WEB PAGE SECTION.
STATE LAW THAT GOVERNS PURCHASING ARE TEXAS LOCAL GOVERNMENT CODE 252 AND 271, THOSE ARE THE PURCHASING AND CONTRACTING AUTHORITY OF MUNICIPALITIES AND THE PURCHASING AND CONTRACTING AUTHORITY OF MUNICIPALITIES, COUNTIES AND OTHER LOCAL GOVERNMENTS AND THE PUBLIC PROPERTY FINANCE ACT.
THAT'S THE TEXAS LOCAL GOVERNMENT CODE 252 COVERS THE PROVISIONS OF COMPETITIVE BIDDING PROPOSALS, INCLUDING THE PROCEDURES FOR OBTAINING QUOTES FROM HISTORICALLY UNDERUTILIZED BUSINESSES, THE EXEMPTIONS FOR PURCHASING AND THE PROCEDURES AND AWARD CONTRACTS.
CHAPTER 271 COVERS THE AUTHORITY OF A GOVERNING BODY TO CONTRACT FOR PERSONAL PROPERTY TAX, THAT'S ANY PROPERTY THAT IS USEFUL TO THE ENTITY FOR CITY OPERATIONS.
IT ALSO COVERS THE CERTIFICATE OF OBLIGATION ACT, WHICH IS HOW WE PAY FOR ITEMS IMPORTANT TO OPERATIONS.
THE GENERAL EXEMPTIONS TO LOCAL GOVERNMENT CODE 252 ARE.
THERE ARE QUITE A LIST, BUT THE ONES THAT WE TYPICALLY SEE, THE ONES THAT YOU ALL TYPICALLY SEE, ARE A PROCUREMENT MADE BECAUSE OF A PUBLIC CALAMITY SUCH AS STORM NECESSARY TO PRESERVE OR PROTECT PUBLIC HEALTH AND OR SAFETY.
[02:40:02]
FOR EXAMPLE, YOU HAVE A CAVE-IN OF A WATER LINE IN THE MIDDLE OF A ROAD NECESSARY BECAUSE OF UNFORSEEN DAMAGE TO PUBLIC PROPERTY.THIS IS, FOR EXAMPLE, YOU HAVE A GARBAGE TRUCK THAT BREAKS DOWN.
ITEMS AVAILABLE FROM ONLY ONE SOURCE BECAUSE OF PATENTS, COPYRIGHTS, SECRET PROCESSES OR NATURAL MONOPOLIES.
AND YOU'LL SEE THESE ON OCCASION BECAUSE OF A PATENTED PROCESS OR COPYRIGHTED MATERIAL.
AND A PROCUREMENT FOR PERSONAL, PROFESSIONAL OR PLANNING SERVICE, YOU WILL SEE THESE QUITE OFTEN, TYPICALLY BECAUSE IT'S FOR ARCHITECTURAL OR ENGINEERING OR PLANNING SERVICES.
GOVERNMENT CODE 2254 THAT COVERS THE PROFESSIONAL CONSULTING SERVICES, IT LISTS THE PROFESSIONS THAT ARE CONSIDERED A PROFESSIONAL SERVICE AND THAT ARE EXEMPT FROM BIDDING UNDER THE NORMAL PURCHASING LAWS.
IT SETS THE REQUIREMENTS FOR SELECTING A PROVIDER OF THESE SERVICES, IT DEFINES AND SETS REQUIREMENTS FOR PERSONAL AND CONSULTING SERVICES.
GOVERNMENT CODE 2269, THIS COVERS CONSTRUCTION.
IT LISTS AND DEFINES ALL THE METHODS OF PROCUREMENT FOR PUBLIC WORKS PROJECTS AND A PUBLIC WORKS PROJECT IS ANY IMPROVEMENT OR CHANGE TO A PUBLIC PROPERTY THAT INCLUDES BUT IS NOT LIMITED TO COMPETITIVE SEALED BIDS AND COMPETITIVE SEALED PROPOSALS? IT ALSO SETS THE REQUIREMENTS FOR THE NOTICES, HOW YOU ADVERTISE CRITERIA FOR SELECTION OF THE CONTRACTOR, THE OPENING OF THOSE SEALED SOLICITATIONS AND A TIME FRAME FOR EVALUATIONS.
GOVERNMENT CODE 791 IS REGARDING THE INTERLOCAL COOPERATION CONTRACTS.
THIS IS AN ARRANGEMENT THAT WE SEE THAT'S CREATED THROUGH AN INTERLOCAL AGREEMENT AMONG GOVERNMENTAL ENTITIES, AGENCIES TO SHARE COMPETITIVELY SOLICITED CONTRACTS.
THE CITY CURRENTLY HAS INTERLOCAL AGREEMENTS WITH SEVERAL PURCHASING COOPERATIVES, AND THOSE ARE MANAGED BY OTHER GOVERNMENTAL AGENCIES.
THESE WERE APPROVED BY COUNCIL AND THERE'S A LIST ON THE FOLLOWING SLIDES.
I WON'T SAY THEM ALL, BUT YOU CAN SEE THE LIST.
PURCHASING COOPERATIVES OFFER THE CITY COST SAVINGS IN TIME AND PRICING OF COMMODITIES AND SERVICES BY TAKING ADVANTAGE OF ECONOMIES OF SCALE THAT INCREASE THE MEMBERS OF THE COOPERATIVES PURCHASING POWER.
IT RESULTS IN BETTER PRICING, A SIMPLIFIED PROCESS AS THE COMPETITIVE BIDDING HAS ALREADY TAKEN PLACE.
WE PURCHASE COMMODITIES SERVICES THAT ARE JUST THROUGHOUT A FISCAL YEAR.
THE EXAMPLES ARE OFFICE SUPPLIES AND MAINTENANCE AND OPERATIONAL AND REPAIR SUPPLIES.
WE TAKE, FOR EXAMPLE, OUR OFFICE SUPPLIES TO COUNCIL FOR APPROVAL.
AND THESE ARE DONE USING A PURCHASING COOPERATIVE.
THAT WAY, EVERY DEPARTMENT CAN GET WHAT THEY NEED IN THE WAY OF OFFICE SUPPLIES, IN STAPLES PAPER, ETC. AND BECAUSE WE'RE GOING TO SPEND MORE THAN FIFTEEN THOUSAND DOLLARS A YEAR, WE TAKE THOSE TO COUNCIL FOR YOU TO APPROVE.
PURCHASES EXCEEDING FIFTEEN THOUSAND DOLLARS IN A FISCAL YEAR FROM ONE VENDOR USING A COOPERATIVE CONTRACT REQUIRES CITY COUNCIL APPROVAL.
WE DO THIS ALSO FOR ONE TIME PURCHASES.
EXAMPLES ARE VEHICLES AND EQUIPMENT REPAIR SERVICES.
AND THOSE ARE ALSO IF THE PURCHASE IS OVER FIFTEEN THOUSAND DOLLARS THAT REQUIRES COUNCIL'S APPROVAL.
YOU GUYS TYPICALLY SEE THESE WITH VEHICLES AND EQUIPMENT.
THE CITY OF GALVESTON BELONGS TO SEVERAL DIFFERENT CO-OPERATIVES, AS I SAID BEFORE, I'M NOT GOING TO READ THEM ALL TO YOU, BUT THEY ARE IN THE SLIDESHOW SO YOU CAN PERUSE AT YOUR LEISURE.
FEDERAL LAWS, GRANTEES AND SUB GRANTEES ARE REQUIRED TO FOLLOW THE FEDERAL PROCUREMENT STANDARDS SET FORTH IN THE CODE OF FEDERAL REGULATIONS.
GENERAL PROCUREMENT STANDARDS ARE IN THE TWO CFR 200.318 THROUGH 200.326.
WE ARE TYPICALLY A SUB GRANTEE, WITH THE EXCEPTION OF SOME FEDERAL TRANSIT AUTHORITY FUNDS.
AND SOMETIMES THIS CHANGES THE WAY WE PURCHASE BECAUSE WE ARE HELD TO EXTRA STANDARDS.
[02:45:03]
OUR PURCHASING THRESHOLD HERE AT THE CITY, THE DETERMINATION OF DOLLAR THRESHOLDS FROM A SINGLE VENDOR CAN EXCEED THE DOLLAR THRESHOLD.ANYTHING EXCEEDING FIFTEEN THOUSAND DOLLARS WITH A SINGLE VENDOR REQUIRES CITY COUNCIL APPROVAL.
THEY MAY BE ACCOMPLISHED BY A COUPLE OF DIFFERENT METHODS.
IT CAN BE EITHER AN INFORMAL, NON ADVERTISED SOLICITATION.
THOSE ARE PUBLISHED ON OUR WEBSITE UNTIL THE OPENING OR BY USING A VENDOR THAT HAS A CONTRACT WITH THE PURCHASING COOPERATIVE, AS MENTIONED BEFORE.
ANYTHING EXCEEDING FIFTY THOUSAND DOLLARS REQUIRES A SEALED BID OR PROPOSAL UNLESS IT'S EXEMPT BY STATUTE AND IT MUST FOLLOW ALL OF THE LOCAL, STATE AND FEDERAL LAWS MENTIONED BEFORE, THAT INCLUDES OUR CHARTER, ANY LOCAL GOVERNMENT CODES AND THE CODE OF FEDERAL REGULATIONS.
THE PURCHASING DIVISION IS RESPONSIBLE FOR ALL OF THE BIDDING AT STATE LEVEL.
ANYTHING OVER FIFTY THOUSAND DOLLARS MUST COME TO PURCHASING FOR PUBLICATION, AND THEY ALL MUST BE APPROVED BY CITY COUNCIL.
COMPETITIVE SOLICITATIONS, WE DO THESE IN A COUPLE OF DIFFERENT FORMS, THE COMPETITIVE SEALED BID OR INVITATION TO BID.
THE ADVANTAGES ARE LOW PRICING COMPETITION AND A SET SCOPE OF WORK, AND IT MUST BE AWARDED TO THE LOWEST RESPONSIVE, MOST RESPONSIBLE VENDOR.
THESE ARE USUALLY RECOMMENDED BY COUNCIL.
COMPETITIVE SEALED BIDS ARE REQUIRED TO BE ADVERTISED IN THE NEWSPAPER TWO DIFFERENT TIMES, SEVEN DAYS, APART FOR A MINIMUM OF 14 DAYS.
THEY ARE PUBLISHED ON OUR WEB SITE UNTIL THE OPENING OF THE SOLICITATION.
COMPETITIVE SEALED PROPOSALS OR RFP REQUEST FOR PROPOSALS.
THE ADVANTAGES OF THESE OUR COMPETITION PRICE IS NOT ALWAYS THE PRIMARY EVALUATION CRITERIA AND THEY ARE NEGOTIABLE AND THEY MUST BE AWARDED TO THE VENDOR WITH THE HIGHEST SCORING AT THE FINAL EVALUATION.
AND THESE ARE DONE TYPICALLY BY A COMMITTEE THAT IS CHOSEN AT THE DISCRETION OF THE CITY MANAGER AND OR THE DEPARTMENT DIRECTOR.
AND THAT CONCLUDES MY PRESENTATION.
DOES ANYBODY HAVE ANY QUESTIONS ABOUT PURCHASING? SUSAN, I HAD ONE QUESTION.
ON THOSE THAT GO OUT FOR BIDS THOSE PROJECTS.
IS THERE SOME TYPE OF THRESHOLD OR PERCENTAGE THAT LOCAL BUSINESSES ARE GIVEN AN ADVANTAGE IN THAT PROCESS? THE LOCAL GOVERNMENT CODE ALLOWS US TO GIVE LOCAL VENDORS A PREFERENCE.
HOWEVER, IF THERE ARE FEDERAL DOLLARS ATTACHED TO THAT PROJECT THAT IS NOT ALLOWED PER FEDERAL LAW.
AND WHAT IS THAT PREFERENCE? IS IT A PERCENTAGE I UNDERSTOOD.
IT IS A PERCENTAGE THEY'RE ALLOWED FIVE PERCENT, THREE OR FIVE PERCENT DEPENDING ON THE CONTRACT.
AND THAT MEANS THEY CAN BE, SAY, UP TO FIVE PERCENT OVER THE LOWEST BID AND RECEIVE PREFERENCE.
ANY QUESTIONS, COUNCIL, THAT YOU HAVE FOR SUSAN.
CAN I ASK SUSAN TO EMBELLISH ONE POINT? YES, SIR.
ON 2269 SUSAN WHERE THE FORMS OF CONSTRUCTION PROCUREMENT ARE MENTIONED.
TALK A LITTLE BIT ABOUT THE TWO OR THREE THAT WE DON'T DO BECAUSE THE VENDOR IS SELECTED BEFORE, YOU KNOW, THE COST.
SO THERE ARE SEVERAL DIFFERENT TYPES OF CONTRACTING THAT ARE TYPES OF SELECTIONS THAT WE CAN DO FOR CONSTRUCTION PROJECTS.
ONE OF THEM IS A CONSTRUCTION MANAGER, AGENT METHOD ONE IS A DESIGN BUILD.
ONE IS A CONSTRUCTION MANAGER AT RISK.
THE CITY OF GALVESTON DOESN'T CURRENTLY USE THESE BECAUSE IT GOES AGAINST OUR CHARTER FITTING RULES BECAUSE WE HAVE TO KNOW THE PRICE.
IN THE THREE THAT I MENTIONED, THESE ARE BASICALLY IT GIVES YOU AN ADVANTAGE OF SOME YOU'RE ABLE TO HAVE SOME VALUE ENGINEERING DONE WITH THOSE.
AND YOU CAN CONSIDER THE BEST WAY TO EITHER BUILD A BUILDING AND USUALLY IT'S
[02:50:01]
VERTICAL CONSTRUCTION ROADS WE DON'T TYPICALLY DO THAT WITH BECAUSE THEY NEED TO BE A SET PRICE.BUT THOSE THE DESIGN IS USUALLY DONE AT THE TIME YOU'RE CONSTRUCTING.
SO IT'S KIND OF ALL DONE TOGETHER.
YOU STILL HAVE TO HAVE AN ENGINEER OR AN ARCHITECT, BUT WE'RE NOT ALLOWED TO USE THOSE CURRENTLY.
AND THE POINT I WANTED TO MAKE WAS THAT WE DID HAVE A PROPOSAL ON THE CHARTER ELECTION IN TWENTY SIXTEEN.
SIMPLY ALLOWED THE CITY TO GO BY THE STATE PURCHASING LAW, WHICH WOULD HAVE MADE THOSE PARTICULAR TECHNIQUES AVAILABLE TO US.
THAT PROVISION FAILED IN THE ELECTION.
SO THAT'S WHY WE'RE NOT USING THEM NOW.
I'M SORRY, JOHN, GO RIGHT AHEAD.
COUNCIL MEETING, I ASKED ABOUT.
CAME TO US, THERE WOULD BE SOME KIND OF STANDARDIZATION OF WHAT WE SAW.
AND SO WE KIND OF SEE THE SAME THING EACH TIME.
IS THAT ARE YOU ALL ABLE TO DO THAT? BECAUSE IT SEEMS LIKE WHEN WE GET THINGS FROM DIFFERENT DEPARTMENTS, WE GET DIFFERENT INFORMATION AND IT'S KIND OF FORMATTED IN DIFFERENT MANNERS EVERY TIME.
AND SO IT'D BE GREAT IF THAT INFORMATION CAME TO US IN KIND OF A FORMATTED WAY EACH TIME .
CAN YOU KIND OF BE A LITTLE MORE SPECIFIC SO, I KNOW.
ONE THING THAT CAME TO US YOU KNOW, SOMETIMES WE SEE BIDS THAT WE ACTUALLY SEE THE BIDS, SOMETIMES WE SEE JUST A SCORING METHOD.
SOMETIMES WE SEE ONE THING VERSUS ANOTHER IS THERE A WAY THAT WE CAN STANDARDIZE THAT AND EITHER GET ALL THE INFORMATION OR JUST THE SAME INFORMATION EACH TIME.
BECAUSE WHEN WE GET DIFFERENT INFORMATION, SOME OF US AREN'T FAMILIAR WITH BID PROCESSES AND HOW THESE THINGS WORK.
AND A LOT OF QUESTIONS GET ASKED.
AND IF IT WAS THE SAME FORMAT EACH TIME IT CAME TO US, SOME OF THOSE QUESTIONS MIGHT GET, YOU KNOW, MIGHT BE AVAILABLE.
BUT I'M GOING TO GO AHEAD AND KIND OF SPEAK TO COUNCIL MEMBER LISTOWSKI'S QUESTION REGARDING STANDARDIZATION, HOPEFULLY HE CAN HEAR ME.
STANDARDIZATION OF THE STAFF REPORTS HAS NOT BEEN DISCUSSED.
HOWEVER, IF A DEPARTMENT DOES ASK US TO WEIGH IN ON THEIR STAFF REPORT, WE KIND OF ASK THEM TO SHARE THE SAME INFORMATION AS IT WOULD BE ON ANYONE STAFF REPORT REGARDING A BID OR A PROPOSAL.
THE BIDS FROM THE VENDORS THAT ARE THE AWARDED BIDS ARE USUALLY ATTACHED AS AN EXHIBIT TO THE CONTRACT.
THE CONTRACTS ARE PUT WITH THE STAFF REPORTS ON THE AGENDA.
AND SO THEREFORE THE EXHIBIT IS THE VENDOR SOLICITATION BECAUSE AS I SAID BEFORE, THEIR EXHIBIT A.
WE CAN CERTAINLY WORK ON STANDARDIZING THOSE STAFF REPORTS FOR SOLICITATIONS IF WE NEED TO.
I KNOW CONSTRUCTIONS ARE THE SAME, AND THAT'S BECAUSE THE SAME PERSON PREPARES THOSE STAFF REPORTS.
AND SO THEIRS ARE A BIT MORE FORMATTED, BUT WE CAN CERTAINLY WORK ON THAT.
SORRY ABOUT THAT BECAUSE OF MY CONNECTION.
SORRY, COULD YOU HEAR ME, COUNCIL MEMBER LISTOWSKI? YEAH, I HEARD ABOUT HALF OF IT.
SO FROM WHAT I HEARD, IF YOU COULD WORK ON TRYING TO STANDARDIZE THAT, THAT'D BE GREAT.
I THINK IT WOULD HELP ALL OF US WHEN IT COMES TO SEEING THESE PRESENTATIONS BEFORE COUNCIL IN APPROVING THIS STUFF.
LIKE I SAID, SOMETIMES WE GET ONE EXAMPLE WAS WE GOT A BID TO BUILD SOME HANGARS AT THE AIRPORT.
AND ALL THE INFORMATION WE SAW ON THAT ONE WAS THE SCORE OF THE BIDDERS.
NO, PRICING OF THOSE BIDS OR HOW IT WAS DONE OR ANYTHING LIKE THAT.
[02:55:02]
MAYBE THAT'S ALL WE NEED.BUT SOMETIMES WE SEE A LOT MORE INFORMATION ON OTHER PROPOSALS THAT COME TO US.
AND THAT'S TYPICALLY ON A CONSTRUCTION PROJECT.
AS I WAS SAYING BEFORE, THOSE ARE DONE BY ONE SINGLE DEPARTMENT, THE CONSTRUCTION DIVISION.
AND SO THEIRS IS A PRETTY STANDARDIZED WITH THE INFORMATION THAT YOU GUYS SEE.
OTHER SOLICITATIONS THE EXHIBIT IS THE VENDOR SOLICITATION THAT'S ATTACHED TO THE CONTRACTS.
SO YOU'LL ALWAYS BE ABLE TO SEE THE AWARDED VENDORS SOLICITATION BECAUSE IT'S ATTACHED AS EXHIBIT A AS PART OF THE CONTRACT.
BUT LIKE I SAID BEFORE, WE CAN CERTAINLY WORK ON STANDARDIZING THOSE STAFF REPORTS AND THE INFORMATION THAT IS DISSEMINATED.
JOHN, DID THAT ANSWER YOUR QUESTION.
ANY FURTHER QUESTIONS FOR SUSAN? SUSAN, THANK YOU VERY MUCH YOU GUYS HAVE A WONDERFUL DAY.
[Additional Item]
WE'RE MOVING NOW TO OUR [INAUDIBLE] INFORMATION TECHNOLOGY DIRECTOR.GOOD MORNING, MAYOR AND COUNCIL.
WE ARE GOING TO BE TALKING ABOUT TODAY.
I'M GOING TO BE TURNING THIS OVER TO A MEMBER OF THE IT TEAM, MR. JEFF AMMERMAN.
HE IS OUR MANAGER OVER INFRASTRUCTURE.
HE IS GOING TO BE SHARING A PRESENTATION FOR YOU TODAY ON SECURITY AWARENESS.
ALL RIGHT, THANK YOU FOR THE EXCELLENT INTRODUCTION.
AND BACK TO THIS SLIDE, WHAT DOES A COCONUT HAVE TO DO WITH CYBER SECURITY? SECURITY FOR GOVERNMENT AND ENTERPRISE ORGANIZATIONS ARE VERY MUCH ALIKE A COCONUT.
WE'VE FORTIFIED OUR INFRASTRUCTURE TO BE ABLE TO KEEP HACKERS FROM GETTING IN BY JUST HACKING ALONE TO THE FIREWALL LIKE YOU SEE IN THE MOVIES.
SO THEY HAD TO FIND A DIFFERENT WAY TO DO THAT.
SO AS THEY'RE LOOKING FOR A NEW WAY IN AND THEY'VE RESORTED TO THINGS THAT ARE A LITTLE BIT EASIER.
THERE ARE CERTAIN PORTS THAT WE HAVE TO OPEN FOR EMAIL AND WEB BROWSING TO BE ABLE TO ALLOW THOSE TO TRANSVERSE THE FIREWALL.
SO WHAT THEY'VE DONE IS COME INTO THE AVERAGE USER.
THEY'LL SEND INFORMATION EITHER BY CLICK BAIT.
BUT CLICK BAIT IS WHEN SOMEBODY IS BROWSING OUT TO THE WEB SITE AND THEY SEE A AD FOR THE FREE STARBUCKS DRINK HERE, THEY CLICK ON IT.
WELL, NOW, UNKNOWINGLY, THEY'VE JUST INFECTED THE COMPUTER, WHICH IS THEN IN TURN INFECTED OUR NETWORK.
IT'S THINGS LIKE THAT THAT KEEP US UP AT NIGHT.
IF IT'S TOO GOOD TO BE TRUE, IT USUALLY IS THE.
NEXT ONE WOULD BE ACTUALLY BE TARGETED PHISHING.
WE'VE GOTTEN SEVERAL EMAILS FROM THE MAYOR, OR AT LEAST THEY WANTED US TO BELIEVE IT WAS THE MAYOR TO ASK ONE OF OUR EMPLOYEES TO GO OUT AND PURCHASE A GIFT CARD BECAUSE THEY WERE CURRENTLY OUT OF TOWN AND SPEAKING AT A MEETING AND GO AHEAD AND SEND THEM THE CODES.
WELL, THAT'S TARGETED PHISHING, THERE ARE MANY OTHER TYPES OF TARGETED PHISHING.
YOU HAVE TO BE CAREFUL, LOOK AT THE EXAMPLES OF EMAIL ADDRESS.
THE MAYOR IS PROBABLY NOT GOING TO SEND AN EMAIL FROM A GMAIL ACCOUNT.
IT'S GOING TO BE MORE FROM THE CITY EMAIL.
ACCORDING TO THE FBI, THE MONETARY LOSS REPORTED IN THE U.S.
FOR TWENTY NINETEEN WAS THREE POINT FIVE BILLION DOLLARS.
THEY HAVEN'T ACTUALLY COME OUT WITH THE NUMBERS YET FOR 2020.
[03:00:06]
THE PROJECTED MONETARY LOSS WORLDWIDE CONTINUED AN UPWARD TREND.FOR INSTANCE, 2025 WILL BE SEVENTY FIVE POINT FOUR BILLION, AGAIN, THAT'S WORLDWIDE, NOT JUST US BASED.
OVER THE LAST 26 YEARS THAT I'VE BEEN HERE, I'VE HEARD MANY TIMES THAT THERE HAVE WE HAVE NOTHING TO HIDE.
THERE'S NOTHING EVERYTHING IS SUBJECT TO OPEN RECORDS.
WHY WOULD WE BE TARGETED? WELL, HERE LATELY THAT'S BROUGHT ON SOME INTERESTING THINGS ON WHY WE'RE TARGETED RANSOMWARE.
I THINK WE ALL KNOW WHAT RANSOMWARE IS IT'S BASICALLY WHERE THEY ENCRYPT YOUR FILES AND THEN SAY IN ORDER TO UNENCRYPT THEM, WE DEMAND A CERTAIN AMOUNT OF MONEY TO GIVE YOU THE CODE TO UNENCRYPTED THEM.
PERSONALLY IDENTIFIABLE INFORMATION.
PERSONALLY IDENTIFIABLE INFORMATION IS ALL OF OUR INFORMATION THAT'S VERY VALUABLE ON THE DARK WEB.
IN ORDER FOR THEM TO DO CREDIT CARD HACKING, OPEN UP ACCOUNTS IN YOUR NAME, THAT KIND OF THING, WE HAVE THAT ON BOTH EMPLOYEES AND CITIZENS.
SO THAT'S INFORMATION THAT THEY WANT OUT OF US OR COULD WANT FROM US.
WE'VE ALSO HAD THEM REROUTE PAYROLL OR TRY TO REROUTE PAYROLL AND VENDOR CHECKS.
SO FAR WE'VE CAUGHT THEM AND WE HAVE RULES IN PLACE TO CATCH THOSE KINDS OF THINGS.
PHISHING ATTACK, AS I MENTIONED BEFORE, WITH THE INSTANCE WITH THE MAYOR, WHERE THEY'RE ACTUALLY ASKING FOR SOMEONE TO GO OUT AND BUY GIFT CARDS AND THEN SEND THEM THE CODES FOR ANY REASONS, WE HAVE THAT NOT JUST FROM YOU MAYOR NOT TO PICK ON YOU.
WE HAVE THAT ALSO HAPPEN WITH OUR DEPARTMENT HEADS AND CITY MANAGER AS WELL LOOK LIKE IT'S COMING FROM THEM.
AGAIN YOU JUST HAVE TO BE CAREFUL MAKING SURE THAT THE EMAIL FOR ONE, LOOK FOR MISSPELLINGS, LOOK FOR WHO THE ACTUAL EMAIL IS COMING FROM.
DID IT COME FROM A CITY OF GALVESTON I'M SORRY, GALVESTONTX.GOV EMAIL ADDRESS.
SOME OF THE ACTUALLY LET ME GO BACK ONE SLIDE I WANT TO CALL ATTENTION TO THE 22 CITIES THAT WERE HACKED OR NOT REALLY HACKED THAT GOT INFECTED WITH RANSOMWARE.
THEY GOT INFECTED WITH RANSOMWARE THROUGH A THIRD PARTY VENDOR THAT THEY ALL WORKED WITH.
THAT THIRD PARTY VENDOR HAD REMOTE ACCESS INTO THEIR NETWORKS AND THEY WERE ALL ENCRYPTED AT THE SAME TIME.
THIS WAS BACK ON AUGUST 20TH OF TWENTY NINETEEN.
THE HACKERS, ONCE THEY FIGURED OUT WHAT THEY ACTUALLY HAD AND WHAT HAD HAPPENED, DEMANDED TWO POINT FIVE MILLION DOLLARS FOR THE UNLOCK CODES.
I'M NOT AWARE OF, IT WAS ACTUALLY PAID FOR OR NOT.
HAVE BEEN INFECTED AND THESE ARE ALL EXAMPLES OF RANSOMWARE, SOME OF THEM HAVE ACTUALLY BEEN HIT MORE THAN ONCE.
CERTIFIED TRAINING PROGRAMS, HOUSE BILL 3834, THE STATE OF TEXAS PASSED A BILL THAT REQUIRED STATE AND LOCAL GOVERNMENT EMPLOYEES, CONTRACTORS AND ELECTED OFFICIALS TO ATTEND AND PASS STATE CERTIFIED CYBERSECURITY TRAINING.
WE KICKED OFF OUR ANNUAL CYBER SECURITY TRAINING THIS JANUARY 4TH.
SOME OF YOU PROBABLY RECEIVED THE E-MAIL.
AGAIN, ALL OF THIS TRAINING THAT WE KICKED OFF, THIS IS GOING BACK THROUGH 3834, HOUSE BILL 3834.
AND SO, WE'RE REQUIRED BY THE STATE TO HAVE ALL EMPLOYEES, CONTRACTORS AND ELECTED OFFICIALS TAKE THESE TESTS AND THEY'RE DUE ANNUALLY BY JUNE 1ST.
THIS ONE IS ACTUALLY JUNE 1ST OF THIS YEAR.
WE HAVE TO THEN TURN AROUND AND TAKE THOSE REPORTS AND SUBMIT THEM TO THE STATE
[03:05:01]
ANNUALLY.AGAIN, THIS IS JUST TO IMPRESS UPON YOU ON THE TRAINING THAT WAS SET OUT EARLIER THIS YEAR, IT'S GOING TO GO THROUGH A LOT OF THE PHISHING AND PASSWORD SECURITY AND RANSOMWARE AND SOCIAL ENGINEERING, AND IT'LL TEACH YOU ALL OF THAT.
AS FAR AS SOME OF OUR LOCAL POLICIES, LOCAL POLICIES FOR PASSWORD EXPIRE EVERY 90 DAYS, IT MUST HAVE AT LEAST ONE OF EACH OF THE FOLLOWING CAPITAL LETTER X, LOWER CASE NUMBER AND SYMBOL.
ACTUALLY, THAT'S GOING TO BE CORRECTED.
AND THEY ALSO REQUIRE A MINIMUM OF EIGHT CHARACTERS.
NO PERSONAL DEVICES ARE CONNECTED TO THE CITY'S INFRASTRUCTURE.
AND WHEN I SAY PERSONAL DEVICES, I'M TALKING ABOUT USB STICKS, PERSONAL COMPUTERS AND PERSONAL PHONES VIA USB.
ANY QUESTIONS? ANY QUESTIONS COUNCIL.
MAYOR, IF I COULD MAKE A COMMENT, I PUT THIS ON AND ON THE AGENDA, UNDER FINANCE, MINDFUL OF THE FACT THAT A COUPLE OF YEARS THE COUNTY GOT SCAMMED, I THINK THEY SENT 500,000 DOLLARS SOMEWHERE IN THE WORLD.
I DON'T THINK THEY'LL EVER GET IT BACK.
WE HAVE THE CITY'S IN TEXAS SUBJECTED TO RANSOMWARE, THE OFFICE OF COURT ADMINISTRATION GOT HACKED THIS YEAR, CAUSED CHAOS IN THE STATE COURT SYSTEM.
AND THE POTENTIAL FOR FINANCIAL IMPACT ON THE CITY THROUGH THIS IS SIGNIFICANT AND CANNOT BE IGNORED.
SO THAT IS WHY IT'S BEEN ADDED ON TODAY.
AND IF I COULD ADD ON IN OUR ACCOUNTING AREA WHERE WE MANAGE OUR BANK AND WE'RE TRYING TO MOVE TO PAYING MORE AND MORE VENDORS WITH WIRE TRANSFERS.
WE GO THROUGH VERIFICATION IF WE GET A NEW BANK ROUTING NUMBER OR SOMETHING LIKE THAT, WE TALK TO THE VENDOR AND WE HAVE DONE TESTS FOR A DOLLAR JUST TO MAKE SURE THAT WE'RE SENDING THE DOLLAR TO THE RIGHT LOCATION.
WE TRY TO BE VERY CAREFUL WITH WIRE TRANSFERS.
AND I'D LIKE TO ECHO MIKE LOFTON AND DON'S COMMENTS THAT THE CITY, BOTH FROM AN IT STANDPOINT AS WELL AS PROCEDURAL PROCESSES, HAVE BEEN PUT IN PLACE TO COMBAT THE TYPES OF SITUATIONS THAT DON HAS DESCRIBED, IN PARTICULAR WITH THE [INAUDIBLE].
AND WHAT HAPPENED WITH THE COUNTY.
WE HAVE HAD MULTIPLE ATTEMPTS, AS JEFF INDICATED, OF FRAUDULENT CLAIMS OF PEOPLE TRYING TO REROUTE DIRECT DEPOSITS FOR EMPLOYEES WHICH HAVE BEEN CAUGHT IN ADVANCE.
AND THAT'S DUE IN LARGE PART TO THE POLICIES THAT ARE IN PLACE.
AND WE'VE BEEN MOVING TOWARD A PAPERLESS SYSTEM.
[INAUDIBLE] MENTIONED TODAY [INAUDIBLE].
CERTAINLY I THINK THOSE DEPARTMENTS HAVE BEEN TRYING TO ELIMINATE IT WHILE THAT'S A GOOD THING AFTER [INAUDIBLE] AND SO EACH OF YOU SHOULD BE RECEIVING AN EMAIL ON BEHALF OF THE IT DEPARTMENT ASKING YOU TO COMPLETE TRAINING.
THAT TRAINING IS ABOUT 30 MINUTES.
AND AS JEFF INDICATED, IT'S GOING TO GO INTO GREATER DETAIL REGARDING THESE TYPES OF BAD THREAT ACTORS IN THE ITEMS THAT YOU MAY COME ACROSS AND HOW TO RECOGNIZE THOSE MORE CLOSELY WHEN YOU'RE DEALING WITH ELECTRONIC EMAILS AND SO FORTH.
UP UNTIL THIS POINT, WE COULD KICK THAT CAMPAIGN OFF ON THE FOURTH.
AND AS OF RIGHT NOW, THE CITY HAS ABOUT 20 PERCENT COMPLIANCE JUST WITHIN THE LAST JUST WITHIN THIS WEEK.
SO OUR STAFF ARE VERY EAGERLY OUT THERE TAKING THAT ANNUAL TRAINING AND MAKING THEMSELVES KNOWLEDGEABLE ON ANY NEW TYPES OF THREATS THAT THEY
[03:10:02]
MAY RUN ACROSS WHEN DEALING WITH EMAIL AND ELECTRONIC MEANS.THANK YOU, HOPE AND JEFF, THANK YOU VERY MUCH.
I WANTED TO SAY ONE MORE THING ABOUT THE CONTRACTORS IN REFERENCE TO THE CONTRACTORS.
IT'S PEOPLE WHO HAVE ACCESS TO OUR LOCAL NETWORK, NOT THE CONTRACTORS THAT MOST OF PUBLIC WORKS AND STUFF LIKE THAT WOULD DEAL WITH OR INSIST THAT THEY HAVE ACCESS TO OUR NETWORK.
COUNCIL, AS YOU MAY KNOW, THE IT DEPARTMENT IS AVAILABLE TOO.
IF YOU HAD PROBLEMS WITH YOUR DEVICES OR EVEN HAVE COMPLAINTS COMING FROM RESIDENTS ABOUT THE WAY THE WEBSITE AND THE ABILITY TO UTILIZE THE WEBSITE FROM A TECHNICAL STANDPOINT, IT IS AVAILABLE.
HOPE RESPONDED YESTERDAY TO SOME CONCERNS THAT RESIDENTS WERE SENDING TO ME AND TOOK CARE OF IT IMMEDIATELY.
SO FEEL FREE TO TO AVAIL YOURSELF TO THE I DEPARTMENT IF YOU HAVE CONCERNS WITH ANY OF THOSE DEVICES OR ANY OTHER TYPE OF COMMUNICATION THAT FALLS WITH UNDER THEIR PURVIEW.
ANYTHING ELSE YOU WANT TO SAY? I DON'T BELIEVE SO.
WE LOOK FORWARD TO WORKING WITH EACH OF YOU.
[3.H. City Boards And Commissions]
IF YOU COULD READ ITEM THREE H, AS IN HENRY, PLEASE.ITEM 3H, CITY BOARDS AND COMMISSIONS.
YOU NOW HAVE THE ORIENTATION OF CITY BOARDS AND COMMISSIONS.
DONNA FAIRWEATHER, CITY ATTORNEY, WILL BE TALKING WITH US.
I AM ONE OF THE ASSISTANT CITY ATTORNEYS FOR THE CITY.
AWESOME I SEE SOME HEAD NODS THERE.
A COUPLE OF HOUSEKEEPING THINGS ON MY END.
IF YOU HEAR MY DOG, I APOLOGIZE IN ADVANCE AND I WOULDN'T BE A GOOD DAUGHTER IF I DIDN'T WISH MY FATHER A HAPPY 85TH BIRTHDAY TODAY.
I AM MINDFUL OF THE TIME SO JANELLE IS GOING TO HELP ME WITH THE POWER POINT.
IT WILL OF COURSE BE AVAILABLE AFTER TODAY.
AND IF ANYONE HAS ANY QUESTIONS, FEEL FREE TO EITHER SPEAK TO ME AFTER [INAUDIBLE] THIS PRESENTATION, OR OF COURSE I'M AVAILABLE THEREAFTER, BUT SIMPLIFYING MATTERS.
WHEN I PRESENT AND SPEAK OF A BOARD, I AM INCLUDING THE COMMISSIONS, THE COMMITTEES, CERTAIN AUTHORITIES AND OF COURSE THE SPECIFIC BOARDS THAT PERTAIN TO THE CITY.
I'M JUST GOING TO KEEP IT SIMPLE AND CALL THEM ALL BOARDS.
IT IS VERY MINDFUL FOR A CITY COUNCIL TO REFRESH AND READ THE CHARTER.
THE CHARTER HAS SPECIFIC REGULATIONS IN ARTICLE TWO ARTICLE 13 THAT APPLY TO THOSE COUNCIL BOARDS THAT MAY BE FORMED BECAUSE OF WHATEVER IS IN THERE, EITHER ARTICLES OR STATE LAW OR IN THE CHARTER ITSELF AS TO THEIR FORMATION AND WHAT THEIR REGULATIONS ARE AND REQUIREMENTS TO BE A MEMBER OF THAT BOARD ARE.
AND I WOULD ALSO HIGHLY SUGGEST THAT CITY COUNCIL TAKE A LOOK AT CITY CODE CHAPTER TWO, AND THAT'S THE ADMINISTRATION BOARD COMMISSIONS AND COMMITTEES.
AND I'VE HIGHLIGHTED IN THE NEXT FEW SLIDES A SHORT OVERVIEW OF SOME OF THE REGULATIONS IN THE CITY CODE THAT ARE FOUND IN THE CODE HERE, BUT ARE ALSO JUST TO BOLSTER AGAINST WHAT'S IN THE CHARTER OR STATE LAW AND ANY OTHER APPLICABLE BOARDS OF THE CITY.
AND AGAIN, WE CAN GO INTO MORE DETAIL, BUT I AM MINDFUL OF THE TIME.
BUT IN BRIEF, I'VE JUST LISTED SOME OF THE SECTIONS, THE EX-OFFICIO TERMS, SECTION TWO ONE SIX ONE SERVES ON MORE THAN ONE BOARD AND TENURE.
THERE'S AN OATH OF OFFICE THAT MUST BE MADE.
THERE'S AN ATTENDANCE REQUIREMENT FOR MANY OF THESE BOARDS.
THERE'S A REMOVAL PROCEDURE FOR BOARDS WHERE THERE'S BEEN APPOINTMENTS.
[03:15:04]
IN THE NEXT TWO SLIDES, SECTION TWO, DASH ONE, SIX, EIGHT.THESE BOARDS THEY'RE BEEN CREATED AND ARE GOVERNED EITHER THROUGH STATE LAW, THE CITY CHARTER OR ARTICLES OF INCORPORATION.
CLEARLY, AS YOU READ THROUGH THE LIST, I'M NOT GOING TO SAY THEM ALL.
YOU KNOW, SOME ARE MORE FAMILIAR TO YOU THAN OTHERS.
BUT THE IMPORTANT THING TO NOTE REGARDING THESE BOARDS IS THAT YOU REALLY NEED TO BE FAMILIAR WITH WHAT THE STATE LAW, THE CHARTER AND OR THE ENTITIES ARTICLES OF INCORPORATION STATE REQUIRING THEIR PARTICIPATION ON THE BOARD AND HOW TO CONDUCT THEMSELVES MORE SO ON THAT BOARD.
THE NEXT SLIDE IS A LIST OF THOSE CITY CREATED BOARDS AND COMMISSIONS, AND THE DIFFERENCE WITH THIS SLIDE AS OPPOSED TO THE OTHER SLIDE, IS THAT STATE LAW DOES ALLOW THE CITY TYPICALLY THROUGH ORDINANCE TO CREATE THEIR OWN BOARDS.
AND SO THESE ARE SOME THAT HAVE BEEN CREATED.
I AM NOT TALKING ABOUT AD HOC COMMITTEES.
IT IS IN CHAPTER TWO AS WELL, PROVISIONS REGARDING AD HOC COMMITTEES.
BUT THESE ARE THE ONES THAT ARE MORE FAMILIAR.
I WOULD THINK, TO CITY COUNCIL.
AND TYPICALLY THESE ARE ONES WHERE THEY MAY ALSO BE EX-OFFICIO ASSIGNED TO PARTICIPATE ON THE BOARD, THESE BOARDS THAT ARE CITY CREATED BOARDS ALSO AND THAT'S IN SECTION TWO ONE SEVEN ONE.
THESE APPOINTMENTS TO THESE BOARDS ARE TYPICALLY MADE OCTOBER 1ST ON OR ABOUT OCTOBER 1ST.
AND THEY'RE TYPICALLY FOR THREE YEAR APPOINTMENTS JUST BECAUSE WE WOULDN'T WANT A BOARD TO BE COMPLETELY DEPLETED.
THESE ARE TYPICALLY MADE IN STAGGERED TERMS, SO TO SPEAK, BUT TYPICALLY OCTOBER 1ST OF EACH YEAR.
THAT'S WHEN CITY COUNCIL MAY BE ASKED TO APPOINT MEMBERSHIP TO THESE PARTICULAR BOARDS.
WHAT'S YOUR ROLE? SO IT'S EXTREMELY IMPORTANT TO KNOW, THE ROLE OF A CITY COUNCIL PERSON ON A BOARD THAT HE OR SHE IS APPOINTED TO SERVE.
AND I'VE TRIED FOR SIMPLIFICATION PURPOSES JUST TO SAY WHAT IS A MEMBER ROLE AND WHAT IS AN EX OFFICIO ROLE.
I GO BACK TO THOSE APPOINTMENTS THAT ARE SPECIFICALLY MADE AND ALLOW FOR MORE ACTIVE PARTICIPATION AN THE ABILITY TO VOTE AND MAKE DECISIONS ON THAT BOARD.
AND TYPICALLY THOSE ARE PURSUANT TO THE PARAMETERS OF WHATEVER AUTHORIZATIONS HAVE BEEN FOUND EITHER IN THE CITY CHARTER STATE LAW OR THE OTHER REGULATORY POWERS OR THEIR ARTICLES OF INCORPORATION OF THAT BOARD.
I ASCRIBE THOSE ROLES AS THOSE APPOINTMENTS THAT ARE NOT TYPICALLY VOTING POSITIONS.
THE COUNCIL PERSON WHO IS SERVING AS AN EX OFFICIO IS BASICALLY THE LIAISON BETWEEN THAT BOARD AND THE CITY COUNCIL.
THEIR ROLE IS TO OFFER VALUABLE KNOWLEDGE, GUIDANCE AND TO ASSIST THEIR BOARD AND TO COMMUNICATE THAT TO CITY COUNCIL AND ALSO TO COMMUNICATE FROM CITY COUNCIL ANY ISSUES OR KNOWLEDGE OR GUIDANCE TO THAT BOARD AS WELL.
SO BOARD APPOINTMENTS THERE PROVIDE THE FACTORS THAT ARE NEEDED TO SERVE ON THE BOARD.
AGAIN, WE'RE LOOKING AT STATE LAW, THE CHARTER, WHATEVER ARTICLES IT PROVIDES, THE LIMITS OF THE REPRESENTATION AND THE BOUNDARIES OF THE SERVICE ON THAT PARTICULAR BOARD.
IT IS IMPORTANT AS A COUNCIL PERSON THAT YOU INVESTIGATE AND BE INFORMED AS TO THE OBJECTIVES AND THE PURPOSE OF ANY BOARD THAT YOU'RE INTERESTED IN.
GLOBALLY COUNCILPERSONS, YOU HAVE YOUR FIDUCIARY DUTIES, YOUR ETHICAL OBLIGATIONS AND YOUR RESPONSIBILITIES, AND YOU MUST CONDUCT YOURSELVES IN ACCORDANCE WITH THE
[03:20:02]
REGULATIONS THAT ARE ON THAT PARTICULAR BOARD, BUT ALSO WITHIN THE CITY CODE, STATE LAW AND ANY OTHER APPLICABLE LAWS THAT MAY APPLY TO THAT PARTICULAR BOARD.IS IT IS ALWAYS ENCOURAGED FOR THE EX OFFICIO TO PROVIDE INPUT AND ENGAGE IN DISCUSSIONS WITH THEIR BOARDS.
IT IS ENCOURAGED TO REPORT BACK TO CITY COUNCIL AND ANY REQUEST FROM THEIR BOARD SEEKING DIRECTION FROM CITY COUNCIL OR REQUESTING DIRECTION FROM CITY COUNCIL AND VICE VERSA IF THERE'S ANY DIRECTION FROM CITY COUNCIL TO THAT BOARD.
THE EX OFFICIO IS THE LIAISON AS WELL IN THAT CAPACITY.
IMPORTANTLY, IT'S ALSO IMPORTANT FOR THE EX OFFICIO TO PROVIDE AND RECEIVE COMMUNITY INPUT TO THAT BOARD BECAUSE THEY'RE TYPICALLY SEEN AS THE VEHICLE TO GET SOME COMMUNITY INPUT TO THE BOARD BECAUSE, OF COURSE, THE COMMUNITY IS GOING TO REACH OUT TO THE COUNCIL PERSON THAT'S APPOINTED AS AN EX OFFICIO AND MAKE THOSE QUERIES AND WHATNOT.
AND SO THEY CAN BRING THAT TO THE BOARD AND SAY, I'VE RECEIVED THIS QUERY.
CAN YOU HELP ME OUT HERE OR CAN WE DISCUSS IT A LITTLE BIT SO THAT I CAN RESPOND APPROPRIATELY BACK TO THE PERSON WHO JUST MADE THE QUERY? NEXT SLIDE.
THE EX OFFICIO, SO UNLESS OTHERWISE PERMITTED, THE EX OFFICIO DOES NOT VOTE ON ANY OF THEIR APPOINTED BOARDS, THEY DO NOT MAKE DECISIONS FOR THEIR BOARDS, THEY DO NOT MAKE PROMISES TO THE BOARD OF WHAT CITY COUNCIL WILL OR WILL NOT DO.
AND THEY DO NOT MAKE PROMISES TO THE COMMUNITY OR ANY OTHER ENTITY OF WHAT THEIR BOARD WILL OR WILL NOT DO.
THEY ARE STRICTLY THE LIAISON.
THEY ARE RESPONSIVE IN TERMS OF IF YOU HAVE INFORMATION THAT NEEDS TO BE IMPARTED, I'LL IMPART IT TO THE BOARD.
BOARD, IF YOU HAVE INFORMATION THAT YOU WOULD LIKE TO IMPART TO CITY COUNCIL, I AM AVAILABLE TO DO THAT AS WELL.
CAN THEY PARTICIPATE IN DISCUSSION? ABSOLUTELY.
CAN THEY BRING THEIR EXPERT EXPERIENCE OR EXPERTISE TO A DISCUSSION OF THE BOARD THAT THEY'RE PARTICIPATING ON? ABSOLUTELY.
BUT ARE THEY VOTING MEMBERS? NO, THEY ARE AS I'M AWARE, THERE ARE TWO EX OFFICIO POSITIONS WHERE THERE IS VOTING ABILITY.
AND ONE IS FOR THE PARK BOARD.
AND I BELIEVE THE CHARTER STATES THE WHARVES BOARD EX OFFICIO IS ALSO A VOTING MEMBER.
SO I KNOW I HAVE THE PARK BOARD IN THE SLIDE, BUT I DO BELIEVE IN THE WHARVES BOARD.
IT IS ENTITLED THE EX OFFICIAL, AND HE DOES HAVE VOTING AUTHORITY.
ANY QUESTIONS ON THIS PARTICULAR SLIDE ABOUT WHAT THEY CAN OR CANNOT DO CITY COUNCIL.
SO THESE ARE MY THOUGHTS AND KEEPING IT VERY SIMPLE IT IS IMPERATIVE TO VOLUNTEER ON THE BOARD THAT YOU HAVE SOME AFFINITY FOR AND A REAL INTEREST AND A COMMITMENT TO, AS WAS PREVIOUSLY STATED, THERE ARE RULES, THERE ARE OBLIGATIONS AND THEIR RESPONSIBILITIES.
THERE ARE ATTENDANCE RULES THERE ARE ETHICAL RULES.
THERE ARE CONFLICTS OF INTEREST RULES THAT ALL APPLY TO SOMEONE WHO IS APPOINTED TO PARTICIPATE ON THESE BOARDS.
AN ACTIVE MEMBER, AN ACTIVE APPOINTED BOARD MEMBER IN MY EXPERIENCE, NOT ONLY SERVES AN IMPORTANT ROLE TO THE BOARD, BUT THE BOARD ITSELF IS APPRECIATIVE OF THE TIME AND EFFORT OF ITS LIAISON AND ITS REPRESENTATION TO THE CITY OF WHAT THE BOARD IS DOING.
THE LAST SLIDE IS KEEPING IT REAL AND KEEPING IT REAL TO ME IS BEING RESPONSIVE AND HAVING RESPECTFUL ENGAGEMENT AND EMPOWERING POSITIVE COMMUNICATION, BEING ACCESSIBLE AND ACTIVE TO YOUR BOARD AND THE COMMUNITY.
AND MAYBE THE MOST IMPORTANT ONE IS TO LISTEN.
SO IT'S ABSOLUTELY VITAL TO LISTEN TO WHAT THE BOARD IS SAYING WHAT THE BOARD IS
[03:25:06]
DOING, WHAT THE BOARD'S OBJECTIVES AND GOALS ARE, AND THEN COMMUNICATE THAT IN A POSITIVE WAY TO EITHER [INAUDIBLE] CITY COUNCIL OR VICE VERSA TO THE BOARD ITSELF.THIS WAS A VERY BRIEF PRESENTATION.
BUT IF YOU HAVE ANY QUESTIONS, I AM AVAILABLE EITHER NOW OR AFTER THIS PRESENTATION.
COUNCIL ANY QUESTIONS FOR DONNA? METHOD THAT THE CITY USES TO MAKE SURE THAT THE COMMUNITY HAS INPUT INTO THE ISSUES THAT ARE IMPORTANT TO IT.
IT'S JUST ANOTHER WAY TO GET INFORMATION BY CITY COUNCIL AND ISSUES IN THE COMMUNITY.
AND DONNA, YOU MAY HAVE ADDRESSED IT, I HAD TO STEP AWAY FOR JUST A SHORT TIME, BUT WOULD YOU COMMENT ON, IF YOU HAVEN'T ADDRESSED, IT THE ATTENDANCE REQUIREMENT FOR THESE COMMISSIONS AND BOARDS AND IF THAT ATTENDANCE REQUIREMENT APPLIES TO THE EX OFFICIO AND VOTING MEMBERS FROM COUNCIL THAT ARE ON THESE BOARDS? SO THERE ARE ATTENDANCE REQUIREMENTS.
I WANT TO SAY THE ATTENDANCE IS [INAUDIBLE] FOR MEMBERS.
I WANT TO SAY AND JANELLE, PLEASE CORRECT ME IF I'M WRONG, BUT ACCORDING TO WHAT'S PRESENT IN MY MUNICIPAL CODE, 75 PERCENT OF THE MEETINGS MUST ATTENDED TO BY BOARD MEMBERS, THE EX OFFICIO, THAT'S WHETHER OR NOT THE ATTENDANCE REQUIREMENT APPLIES TO AN EX-OFFICIO I WOULD HAVE TO LOOK DEEPER INTO THAT.
TYPICALLY, AS I STATED, THE EX-OFFICIO WOULD NEED TO BE COMMITTED AND RESPONSIVE TO ATTEND THESE MEETINGS IN ORDER TO BE THE PROPER AND APPROPRIATE LIAISON.
BUT I WILL DEFINITELY CONFIRM THAT IF ATTENDANCE IS ALSO TO THE EX OFFICIO, I'M SORRY.
I DON'T BELIEVE THAT ATTENDANCE RULE APPLIES TO THE COUNCIL APPOINTEES.
I DIDN'T THINK SO, BUT IT DEFINITELY IS FOR APPOINTED BOARD MEMBERS.
ALL RIGHT, JANELLE, WOULD YOU MAKE A COMMENT TO WE'VE HAD A COUPLE OF INSTANCES WHERE ATTENDANCE ON THE COMMITTEES WERE A CONCERN, THE PROCESS THAT COUNCIL GOES THROUGH TO ADDRESS THOSE.
SO IF THE CITY SECRETARY'S OFFICE RECEIVES A REPORT FROM A BOARD THAT THEY'RE HAVING THE COUNCIL AGENDA FOR THE CITY COUNCIL TO ASSESS AND CONSIDER WHETHER TO REMOVE THE PERSON OR NOT, AND THE PERSON IS INVITED TO THE COUNCIL MEETING TO DISCUSS WITH THE COUNCIL THEIR POSSIBLE REASON FOR NOT ATTENDING THE MEETINGS.
AND THE COUNCIL CAN EITHER REMOVE THE BOARD MEMBER, KEEP THEM ON THE BOARD AND POSSIBLY PUT THEM ON PROBATION OR ANY OTHER ACTION THE COUNCIL FEELS APPROPRIATE.
ANYTHING ELSE? YEAH, MAYOR DAVID HERE, I WOULD HAVE ONE COMMENT, I WOULD ENCOURAGE NEW COUNCIL MEMBERS TO START LOOKING AROUND THE DISTRICT TALKING TO CITIZENS ABOUT THESE APPOINTMENTS BECAUSE YOU'RE MUCH BETTER OFF BEING AHEAD OF THE GAME IN KNOWING WHO WOULD LIKE TO SERVE ON SOME OF THESE BOARDS AS WE GET AROUND TO THAT TIME, BECAUSE IT GETS TO BE A BIT OF A CRUNCH AS WE APPROACH OCTOBER.
AND YOU KNOW, PEOPLE START TO TERM OUT.
AND IT'S NOT AN EASY TASK TO FIND PEOPLE WHO ARE WILLING TO COMMIT THE TIME AND EFFORT ON THESE BOARDS.
AND FOR COUNCIL MEMBERS, THAT MAY BE NEW.
THE NEW COUNCIL MEMBERS WE'VE KIND OF MOVED OVER THE YEARS, WE HAVE A MAJORITY, IF NOT ALL OF OUR APPOINTMENTS TO THESE BOARDS AND COMMISSIONS AND COMMITTEES TO OUR SEPTEMBER AGENDA WITH OCTOBER 1ST IS OUR DEADLINE TO HAVE THOSE APPOINTMENTS MADE.
AND SO THERE STILL ARE SOME EXCEPTIONS TO THAT, BUT MOST OF THEM ARE MADE AT THAT TIME.
I THINK THE PARK BOARD IS THE ONLY EXCEPTION TO THAT.
AND THAT'S BECAUSE OF STATE LAW, DON.
CORRECT ME ON THAT, IF THAT'S WRONG.
BUT I THINK WE HAVE AT THIS POINT MOVED EVERYTHING ELSE TO AND APPOINTMENTS TO BEGIN
[03:30:04]
ON OCTOBER ONE.IT MAYBE SOME [INAUDIBLE] BUT WE DON'T HAVE ANY [INAUDIBLE] ANY MORE.
GENERALLY [INAUDIBLE] STICK WITH THE OCTOBER ONE RULE, WHICH IS [INAUDIBLE] SOME ABERRATION.
AND I WILL BRIEFLY SAY THAT IT IS IMPORTANT FOR CITY COUNCIL TO DEFINITELY TRY AND MAKE SURE THAT THE BOARDS HAVE THE MEMBERSHIP.
I WILL JUST SAY THAT SOME BOARDS REQUIRE SOME SPECIFICITY, SOME SPECIFIC EXPERIENCES IN ORDER FOR A MEMBER OF THE PUBLIC TO VOLUNTEER TO BE ON THAT BOARD.
SO CITY SECRETARY WILL HAVE THE APPLICATIONS AND THE REQUIREMENTS ARE EITHER IN THE CODE AND OR CAN BE RECEIVED FROM THE CITY SECRETARY'S OFFICE.
BUT SOME POSITIONS REQUIRE SPECIFIC EXPERIENCES.
COUNCIL ANY QUESTIONS? YES, WILLIAM.
DO WE HAVE A UNIVERSAL OR A CALENDAR THAT'S OUT THAT HAS ALL OF OUR BOARD DATES ON IT, A KNOW THE PLANNING ONES ON THE WEBSITE WITH PLANNING LANDMARK AND ZONING.
BUT I DON'T KNOW IF WE HAVE LIKE A USER FRIENDLY, YOU KNOW, CALENDAR WITH ALL OUR BOARDS AND WHATNOT.
WELL, YOU'RE ABSOLUTELY RIGHT REGARDING THE PLANNING LANDMARK, A ZONING BOARD OF ADJUSTMENT AND POSSIBLY THE BUILDING BOARD OF ADJUSTMENTS AND APPEALS.
I PERSONALLY AM THE LEGAL COUNSEL FOR THOSE PARTICULAR BOARDS, THE CITY SECRETARY MAY HAVE A LIST UP WHEN THOSE MEETINGS ARE SCHEDULED.
SOME OF THESE MEETINGS ONLY OCCUR WHEN THERE ARE SPECIFIC CASES.
AND FOR EXAMPLE, THE TREE COMMITTEE EVERY COMMITTEE IS REQUIRED TO, OF COURSE, POST THEIR AGENDA AND TO ALLOW THE PUBLIC TO ATTEND AND WHATNOT.
BUT WE CAN SEE IF WE CAN GET SOMETHING GENERALLY OUT THERE AS TO WHEN THEY MEET.
FOR EXAMPLE, LANDMARK WILL MEET THE FIRST AND THIRD MONDAYS OF EACH MONTH BARRING A HOLIDAY OR SOMETHING LIKE THAT.
SO I CAN WORK WITH CITY SECRETARY ALONG WITH SPECIFIC DEPARTMENTS TO SEE IF WE CAN GET SOMETHING LIKE THAT TOGETHER.
AND ALL MEETINGS ARE BEING HELD VIRTUALLY RIGHT NOW.
AT THIS POINT IN TIME, AS FAR AS I'M AWARE.
AND WILLIAM, AS YOU PROBABLY KNOW, IF YOU WATCH YOUR IPHONE ISSUED BY THE CITY, THEY'RE GOING TO BE POPPING ON YOUR CALENDARS.
YOU'LL BE INUNDATED WITH ALL THESE MEETINGS THAT WILL SHOW UP ON YOUR CALENDAR TOO.
YEAH, I WAS WONDERING WHAT ALL THOSE HOLIDAYS WERE.
WE HAVE TWO MORE ITEMS. ITEM 3 I JANELLE.
[3.I. COVID-19 Policies]
ITEM 3 I COVID-19 POLICIES.THIS IS LITERALLY A [INAUDIBLE] TOPIC THAT WE HAVE A POWER POINT ON.
I MENTIONED LAST MONTH, I BELIEVE THAT WE AT THE THE CITY OF GALVESTON, ARE STILL UNDER A STATE OF EMERGENCY DUE TO COVID 19 UNTIL JANUARY 31, 2021 UNLESS IT'S EXTENDED BY THE CITY COUNCIL.
THE GOVERNOR HAS ALSO DECLARED A STATE OF EMERGENCY [INAUDIBLE] CONTINUED JUST GOT AN EMAIL FROM JANELLE SAYING THE GOVERNOR [INAUDIBLE] OPEN MEETINGS EXEMPTION TO CONTINUE MEETING VIRTUALLY.
SO IF WE COULD MOVE TO NEXT SLIDE PLEASE.
EXCUSE ME THERE'S A HORRIBLE ECHO.
IF EVERYBODY COULD PLEASE MUTE.
OK, WE HAVE A POLICY REGARDING FACE COVERINGS THERE ARE ACTUALLY TWO.
THE MAYOR'S EMERGENCY ORDER OF JUNE 22ND, 2020, REQUIRES ALL CITIZENS TO WEAR FACE COVERINGS IN A PUBLIC PLACE.
A FACE COVERING HAS TO COVER YOUR NOSE AND YOUR MOUTH.
AND THE ORDER INCLUDES CITY HALL.
AND THE ORDER, ALSO PROVIDES FOR SCREENING UPON ENTRY OF CITY HALL.
IF YOU HAVE BEEN HERE IN THE LAST I DON'T KNOW HOW MANY WEEKS YOU NOTICE YOUR
[03:35:05]
TEMPERATURE IS TAKEN AND YOU HAVE TO BE CLEARED BY THE GUARD DOWNSTAIRS TO ENTER.GOVERNOR ABBOTT ISSUED HIS EXECUTIVE ORDER GA-29 ON JULY 2ND, 2020, AND IT ALSO REQUIRES CITIZENS TO WEAR FACE COVERINGS IN PUBLIC SPACES.
SO GENERALLY, WHEN YOU'RE IN CITY HALL, YOU HAVE TO HAVE A COVERING OVER YOUR FACE AND IT HAS TO COVER YOUR NOSE AND YOUR MOUTH.
CITY MANAGEMENT HAS BEEN VERY AGGRESSIVE IN ITS ATTEMPTS TO PREVENT THE SPREAD OF COVID AMONG CITY PERSONNEL.
EARLY IN THE PANDEMIC ANY OFFICIAL TRAVEL WAS CANCELED.
THAT CANCELATION STILL REMAINS IN EFFECT.
IT WAS AN UPDATED MEMORANDUM, SENT TO CITY EMPLOYEES DATED DECEMBER.
IT IS IN THE PACKET THAT YOU HAVE BASICALLY IT [INAUDIBLE] THAT ALL EMPLOYEES AN VISITORS TO CITY HALL HAVE TO WEAR MASKS.
ALL EMPLOYEES HAVE TO WEAR MASKS IN CITY VEHICLES.
AND EMPLOYEES IN THE FIELD THEY HAVE TO WEAR MASKS WHEN THEY ARE IN CLOSE PROXIMITY TO EACH OTHER.
SO IN THE PACKET THAT YOU'VE BEEN SENT, MANAGEMENT HAS A SET OF PROCEDURES THAT IT USES TO CONTROL THE SPREAD.
IF A PERSON REPORTS SYMPTOMS OR A POSITIVE RESULT, THEY ARE TO IMMEDIATELY REMOVE FROM THE WORKPLACE, FOLLOW PHYSICIAN QUARANTINE ORDERS, AND THE CITY REQUIRES QUARANTINE FOR 10 DAYS AND NO FEVER FOR 24 HOURS.
A PERSON WHO REPORTS THEY LIVE WITH SOMEBODY WHO HAS TESTED POSITIVE, THEY ARE IMMEDIATELY REMOVED FROM THE WORKPLACE.
AND TWO, THEY HAVE TO FOLLOW THE PHYSICIAN QUARANTINE ORDERS OR UNTIL THEY HAVE NEGATIVE TEST RESULTS.
THAT IS BASICALLY THE PRESENTATION BRIEFLY.
AGAIN, WE CONTINUE TO BE UNDER THE STATE OF EMERGENCY.
ALL CITIES AND THE CITY AND THE COUNTY OF GALVESTON, I BELIEVE, CONTINUE TO BE UNDER A STATE OF EMERGENCY, WITH THE EXCEPTION OF THE CITY OF LEAGUE CITY.
AND ON THE JANUARY 28TH AGENDA, I BELIEVE THERE WILL BE AN ITEM TO ALLOW THE CITY COUNCIL TO DETERMINE WHETHER TO CONTINUE THE STATE OF EMERGENCY AND AS WELL AS THE EMERGENCY ORDERS, WHETHER THEY WANT TO RENEW THEM, CANCEL THEM OR ADJUST THEM.
BASICALLY, IT'S BEEN A VERY DIFFICULT TIME FOR REALLY THE ENTIRE WORLD AND ALSO CITY HALL.
BUT ALL WE CAN DO IS DO OUR BEST TO TRY TO TAKE CARE OF EACH OTHER, TRYING TO PREVENT THE SPREAD AND TRY TO STAY HEALTHY AND KEEP THE WORK GOING FOR THE CITIZENS OF THE CITY.
THAT'S BASICALLY MY PRESENTATION ON COVID.
BRIAN, DID YOU WANT TO SAY ANYTHING ABOUT THAT.
OUR [INAUDIBLE] ISSUE HERE, GUYS, IS WE'RE TRYING TO BE ABLE TO PRESERVE SERVICES AT THIS POINT.
AND THE OTHER THING IS, IS WE HAVE TO REMEMBER, AS A MUNICIPALITY, THERE ARE THINGS THAT WE REQUIRE PEOPLE TO DO THAT REQUIRE THEM TO HAVE CONTACT WITH THE CITY.
SO GIVEN THAT WE HAVE A LITTLE HIGHER LEVEL OF RESPONSIBILITY TO MAKE SURE THAT WE PROTECT THE PEOPLE THAT COME INTO OUR FACILITIES TO DO THOSE THINGS THAT WE ASK OF THEM, SO WE CARRY A LITTLE HIGHER STANDARD THAN A LOT OF OTHER PEOPLE DO.
WE'VE HAD A LOT OF EMPLOYEES CATCH THE VIRUS.
WE'VE HAD SOME BECOME VERY ILL.
WE'VE EVEN HAD UNFORTUNATELY, WE'VE HAD A DEATH.
SO WE'RE TAKING THIS VERY SERIOUSLY.
COUNCIL ANY QUESTIONS ON THAT? ALL RIGHT.
[3.J. Policy For City Council Office]
[03:40:02]
ITEM THREE J, PLEASE.ITEM 3J POLICY FOR CITY COUNCIL OFFICE.
I'LL GO AHEAD AND MENTION THIS COUNCIL AND KIND OF UPDATE YOU.
A FEW YEARS BACK, WE ESTABLISHED A CITY COUNCIL OFFICE FOR THE USE OF CITY COUNCIL MEMBERS WHERE THEY CAN COME IN IT HAS A COMPUTER, A PRINTER.
AND IF YOU WERE NEEDING SOME KIND OF OFFICE SPACE FOR VISITING WITH RESIDENTS AND CONSTITUENTS, THAT WAS AVAILABLE TO YOU.
WE DO CURRENTLY HAVE AN OFFICE THAT'S ON THE FOURTH FLOOR.
IT'S THE OFFICE THAT GARRETT MCCLOUD WAS IN AND THAT'S CURRENTLY THE COUNCIL MEMBERS OFFICE.
IT IS AVAILABLE TO COUNCIL MEMBERS FROM SEVEN A.M.
FOR ANY COUNCIL MEMBERS THAT WANT TO USE THAT, WE'RE GOING TO FOLLOW THE PROTOCOL THAT WE FOLLOWED WITH OUR LAST COUNCIL OFFICE.
AND THAT IS, IF YOU WOULD LIKE TO USE THAT OFFICE, PLEASE RESERVE YOUR SPACE THROUGH JANELLE IF YOU WOULD.
MORE NOTICE, YOU CAN GIVE HER HOPEFULLY AT LEAST TWENTY FOUR HOUR NOTICE ON THAT AND SHE'LL MAKE SURE THAT SHE COORDINATES THE USE OF THAT SPACE.
SO IT'S NOT YOU GET UP THERE AND IT'S ALREADY BEING USED AND THINGS LIKE THAT.
YOU CAN CHECK THE KEY OUT FROM JANELLE, SHE'LL HAVE THE KEY AVAILABLE FOR YOU.
AND THEN ONCE YOU'VE FINISHED THE USE OF THE OFFICE, YOU CAN GO AHEAD AND RETURN THAT TO JANELLE.
IT'S A TEMPORARY SPACE RIGHT NOW.
I KNOW BRIAN AND STAFF IS WORKING TO EMPLOY A NEW ECONOMIC DIRECTOR.
AND WHEN THAT OCCURS, THEY WILL BE MOVING INTO THAT OFFICE.
AND SO WE WILL NEED TO DISCUSS WHERE WE'RE GOING FROM THERE AND WHAT COUNCIL FEELS ABOUT A COUNCIL MEMBER OFFICE AND HOW THAT SHOULD BE SET UP AND IF WE NEED ONE AND WHAT THE PROTOCOL IS FOR THE USE OF THAT.
THAT'LL PROBABLY BE ON OUR JANUARY 28TH AGENDA AND COUNCIL, FOR YOU TO WEIGH IN AND GIVE YOUR THOUGHTS ON HOW YOU WANT THAT STRUCTURED.
ANY QUESTIONS ON THAT COUNCIL? WELL, VERY GOOD.
WE'RE AT THE END OF OUR BUSINESS, I WANTED TO THANK EVERYONE.
THANK YOU, COUNCIL, FOR YOUR PATIENCE.
IT'S BEEN VERY, VERY WORTHWHILE AND I THINK VERY EDUCATIONAL FOR ALL OF US.
COUNCIL DID YOU HAVE ANYTHING TO SAY, ANY COMMENTS BEFORE WE ADJOURN.
I JUST WANTED TO WISH EVERYONE A HAPPY NEW YEAR AND SAY THIS WAS LONG AND INFORMATIVE.
[LAUGHTER] THANK YOU VERY MUCH.
AND YES, EVERYONE HAVE A WONDERFUL LOOKING FORWARD TO A VERY PRODUCTIVE 2021.
HEARING NO MORE COMMENTS WE ARE TOTALLY ADJOURNED.
THANK Y'ALL.
* This transcript was compiled from uncorrected Closed Captioning.