* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:01:00] [00:08:40] ALL RIGHT. THE TIME IS, UH, 3 0 3 [CALL TO ORDER] CHAIR. WOULD YOU LIKE US TO CALL US TO ORDER? PLEASE DO. ALL RIGHT. UH, AS I MENTIONED, THE TIME IS 3 0 3. WE ARE NOW CALLED TO ORDER. WE'LL MOVE ON TO ROLL CALL. [ROLL CALL] COMMISSIONER GILLETTE. HERE. COMMISSIONER GILL. HERE. COMMISSIONER EATON? HERE. COMMISSIONER D BENEDICTUS. HERE. COMMISSIONER NOVE. HERE. VICE CHAIR COLEMAN. CHAIR P*****K. HERE WE HAVE QUORUM [1. 26-54450 Recommendation to approve the minutes for the Ethics Commission meeting of Wednesday, February 11, 2026.       Suggested Action: Approve recommendation. ] AGENDA ITEM NUMBER ONE, RECOMMENDATION TO APPROVE THE MINUTES FOR THE ETHICS COMMISSION MEETING OF WEDNESDAY, FEBRUARY 11TH, 2026. I HAVE A MOTION FROM COMMISSIONER DE BENEDICTS, SECONDED BY COMMISSIONER ANNOVA. DO WE HAVE ANY, UH, COMMENTS ON THIS AGENDA ITEM? YEAH. CHAIR. I DO, IF YOU DON'T MIND. THANK YOU. MM-HMM . UM, I NOTICED A COUPLE OF MINOR ISSUES. UM, THERE'S A REFERENCE TO THE CHARTER COMMISSION ON THE A DA NOTICE. [00:10:01] I DON'T KNOW IF THAT, IF, IF CITY CLERK MEANS IN GENERAL CHARTER OR IT SHOULD BE ETHICS COMMISSION. IT'S ON THE THIRD LINE, FIRST PARAGRAPH OF THE A DA NOTICE. SO I SEE IN THE NOTES SECTION, YOU'RE REFERRING TO THE AMER, UH, THE, THE AMERICANS WITH DISABILITIES ACT, UM, RIGHT. 24 HOURS PRIOR TO THE CHARTER COMMISSION MEETING. MM-HMM . IS THAT MEANT IN GENERAL? YEAH. IT'S JUST, IT'S A GENERAL NOTE. OKAY. I WASN'T, YEAH. YEAH. AND, UH, WE USE DIFFERENT LANGUAGES FOR OUR CHARTERS AND OUR, OUR NON-CHARTER. OKAY. UH, THANK YOU. THE, THE SECOND, UM, MINOR ISSUE IS ON PAGE TWO. UM, AFTER THE, AFTER THE VOTE AT THE TOP, WE HAVE THE ENTRIES OF THE SPEAKERS COMMISSION IS REPEATED TWICE ON PRACTICALLY EVERY ENTRY. SO IT'S CITIZENS ADVISORY COMMISSION ON DISABILITIES, AND NOT COMMISSION AGAIN. UH, REPEAT ONE MORE TIME. YOU SAID ON PAGE TWO? YEAH, PAGE TWO. AFTER THE VOTE AT THE TOP OF THE PAGE AT THE WHERE, WHERE THE ENTRIES ARE FOR THE SPEAKERS. YOU HAVE COMMISSION WRITTEN TWICE. UNDERSTOOD. WE CAN, UH, YEAH. UPDATE THAT. THANK YOU. ARE THERE ANY OTHER COMMENTS FROM THE COMMISSIONERS? IS THERE ANY PUBLIC COMMENT ON THIS ITEM? MOVE TO A VOTE. VOTE. MOTION CARRIES [2. 26-54472 Recommendation to receive and file a presentation on the Harbor Department’s approach to policy adoption and implementation, including how ethics principles and Citywide expectations are reflected in its processes.       Suggested Action: Approve recommendation. ] AGENDA ITEM NUMBER TWO, RECOMMENDATION TO RECEIVE AND FILE A PRESENTATION ON THE HARBOR DEPARTMENT'S APPROACH TO POLICY, ADOPTION AND IMPLEMENTATION, INCLUDING HOW ETHICS PRINCIPLES AND CITYWIDE EXPECTATIONS ARE REFLECTED IN ITS PROCESSES. WE HAVE A MOTION FROM COMMISSIONER GILL, SECONDED BY COMMISSIONER GILLETTE. AND WE HAVE A PRESENTATION. YES. CHAIR. WE HAVE A PRESENTATION, UH, WITH CHRISTINA. JASON. JASON. SHE'S OUR DIRECTOR OF HR OVER AT THE PORT AND SUPPORTED BY JAIME. AND JAIME, I FORGOT WHAT YOUR TITLE IS. SORRY, RAMON. SORRY. YES. ASSISTANT DIRECTOR OF HR . AND RAMON, WHO IS THE ASSISTANT DIRECTOR TO HR. WELCOME. THANK YOU FOR COMING. ALL RIGHT. AND GOOD AFTERNOON, AND THANK YOU FOR HAVING US. SO, UM, MY NAME IS CHRISTINA JASON AND I HAVE THE PLEASURE OF SERVING AS THE DIRECTOR OF HUMAN RESOURCES FOR THE PORT OF LONG BEACH. AND TODAY I HAVE WITH ME RAMON GARCIA, THE ASSISTANT DIRECTOR, AND WHO SERVES AS MY SECOND IN COMMAND FOR OUR HR DIVISION. I'M HERE TODAY TO BRIEFLY DISCUSS HOW THE HARBOR DEPARTMENT, ALSO KNOWN AS THE PORT OF LONG BEACH, PRIORITIZES AND INTEGRATES ETHICS INTO OUR EVERYDAY WORK. AS THE DEPARTMENT OF THE CITY OF LONG BEACH AND ONE OF THE NATION'S BUSIEST SEAPORTS, THE HARBOR DEPARTMENT OPERATES AT THE INTERSECTION OF PUBLIC GOVERNANCE, GLOBAL COMMERCE, AND COMMUNITY RESPONSIBILITY. BECAUSE OF THE SCALE OF OUR OPERATIONS, FROM INFRASTRUCTURE DEVELOPMENT TO PROCUREMENT AND ENVIRONMENTAL PROGRAMS, MAINTAINING STRONG ETHICAL STANDARDS HAS BEEN INTEGRAL TO PROTECTING PUBLIC TRUST AND ENSURING FAIRNESS IN HOW WE CONDUCT OUR WORK. SO WHEN ACTS OF PREPARE A PRESENTATION FOR THE, YOUR, UM, COMMISSION TODAY, I THOUGHT ABOUT ETHICS IN THREE KEY WAYS. ONE, THE WAY WE CLEARLY SET OUR STANDARDS AND EXPECTATIONS, TWO, BEING HOW WE INTEGRATE OUR ETHICS INTO OUR DAILY OPERATIONS, AND THREE BEING HOW WE ENSURE TRANSPARENCY AND ACCOUNTABILITY. BUT FIRST, I WANT YOU TO SPEAK BRIEFLY ABOUT THE PORT. AT THE PORT OF LONG BEACH, WE HAVE OPERATED UNDER A STRICT CODE OF ETHICS DATING BACK TO 91. IN CURRENT STATE, THE PORT ADHERES TO THE BROADER CITY OF LONG BEACH CODE OF CONDUCT AND OVERSIGHT PROVIDED BY THE OFFICE OF ETHICS AND TRANSPARENCY, AND THE CITY ETHICS COMMISSION THAT WAS ESTABLISHED VIA MEASURE CCC, WITH WHICH MONITORS COMPLIANCE, LOBBYIST ACTIVITIES, AND CONFLICT OF INTEREST. THE PORT OF LONG BEACH OPERATES AS A MUNICIPALLY OWNED, BUT FINANCIALLY SELF-SUSTAINING PORT AUTHORITY, GOVERNED BY A FIVE MEMBER HARBOR COMMISSION, APPOINTED BY THE MAYOR, AND CONFIRMED BY THE CITY COUNCIL WITH OPERATIONAL MANAGEMENT, HANDLED BY [00:15:01] A CEO AND PROFESSIONAL HARBOR DEPARTMENT STAFF. AS AN ENTERPRISE FUNDED DEPARTMENT, REVENUE IS GENERATED FROM USE OF THE LAND AND SELL OF BONDS. THE PORT DOES NOT RELY ON CITY TAX DOLLARS FROM RESIDENTS TO OPERATE ITS SERVICES. EFFECTIVE JANUARY 1ST, THE BOARD OF HARBOR COMMISSIONS APPOINTED A NEW CEO DR. NOEL HASA GABA, WHO HAS SET A BOLD NEW 2050 VISION TO DOUBLE OUR ANNUAL CONTAINER VOLUMES TO 20 MILLION TUS BY 2050, AND TO BUILD THE PORT OF THE FUTURE ALONG THE WAY, WE ENVISION OURSELVES IN 2050 AS A PREEMINENT PORT IN THE WORLD. AND THANKFULLY, ETHICS REMAINS A SOLID PART OF OUR PLAYBOOK. NOW, GETTING INTO ETHICS AT HARBOR, WE EMPHASIZE CLEAR STANDARDS AND EXPECTATIONS. OUR TEAMMATES TO INCLUDE LEADERSHIP OPERATE UNDER THE CITY'S ETHICS GUIDELINES, PROGRAMS AND POLICY REQUIREMENTS THAT ADDRESS ISSUES SUCH AS CONFLICT OF INTEREST, GIFTS, OUTSIDE EMPLOYMENT, AND APPROPRIATE INTERACTIONS WITH VENDORS AND STAKEHOLDERS. THESE EXPECTATIONS APPLY ACROSS THE ORGANIZATION, INCLUDING STAFF AND THE BOARD OF HARBOR COMMISSIONERS. OUR GOAL IS TO ENSURE EMPLOYEES UNDERSTAND BOTH THE RULES AND THE PRINCIPLES BEHIND THEM SO THEY CAN MAKE SOUND DECISIONS WHEN ETHICAL QUESTIONS ARISE. AS A CITY DEPARTMENT, THE HARBOR DEPARTMENT HIRES AND ONBOARDS USING THE SAME ONBOARDING SYSTEM AS THE CITY OF LONG BEACH. DURING THE ONBOARDING PROCESS, EMPLOYEES ARE REQUIRED TO AFFIRM THE CITY'S VALUE STATEMENT AND CODE OF CONDUCT AND ETHICS THROUGH THE OATH OF ALLEGIANCE. READ AND SIGN FOR THE CITY'S CODE OF CONDUCT AND ETHICS POLICY THROUGH THE ELECTRONIC ONBOARDING SYSTEM. FIRST ADVANTAGE WATCH THE 30 MINUTE CODE OF CONDUCT AND ETHICS TRAINING VIDEO AND ATTEND THE CITY'S NEW EMPLOYEE ORIENTATION WHERE CODE OF CONDUCT AND ETHICS IS COVERED, ALONG WITH PATHWAYS FOR ANONYMOUSLY REPORTING FRAUD, WASTE, AND ABUSE. THE PROCESS AT THE PORT IS NO DIFFERENT AT THE PORT. WE CONTINUE TO EXPOSE OUR EMPLOYEES TO THE ETHIC GUIDE FOR LONG BEACH CITY OFFICIALS AND EMPLOYEES THROUGH OUR LEARNING MANAGEMENT SYSTEM AND TRAININGS. WE FOLLOW THE POLICIES AND GUIDELINES SET BY THE CITY WITHIN THE ETHICS GUIDE. NOW, THERE ARE TIMES THE PORT WILL GENERATE WHAT IS REFERRED TO AS AN ADMINISTRATIVE DIRECTIVE FOR PORT STAFF TO FOLLOW, BUT THESE ARE TYPICALLY CREATED AND GENERATED TO ADDRESS PORT SPECIFIC BUSINESS ARE TO CLARIFY, WHEN THE CITY'S ADMINISTRATIVE REGULATIONS THAT ARE SET MAY NOT FULLY MAKE SENSE WITHIN OUR BUSINESS OPERATION. SO AN EXAMPLE OF THAT, UM, WOULD BE RECENTLY THE CITY CREATED A FLOOR WARDEN PROGRAM. IN THAT POLICY, IT OUTLINES WHO YOU GO TO BEING AN ADMINISTRATIVE OFFICER WHO SETS CERTAIN TERMS AND ROLES. AND IN THE PORT, WE DON'T HAVE THOSE ROLES. SO IF WE WERE TO ADOPT THE CITY'S POLICY AS IS, IT WOULD CONFUSE OUR INTERNAL EMPLOYEES WHO WOULDN'T KNOW WHO TO GO TO BECAUSE THOSE TITLES DO NOT EXIST WITHIN THE PORT. SO IN THOSE SCENARIOS, THE PORT WILL THEN CREATE WHAT THEY CALL AN ADMINISTRATIVE DIRECTIVE, WHICH OFFERS CLARIFICATION. UM, THESE RARELY GO ROGUE. THEY DON'T GO IN A DIFFERENT DIRECTION. THERE ARE TIMES WHERE THE PORT MAY WRITE SOMETHING MORE RESTRICTIVE THAN WHAT THE CITY HAS. UM, AND THERE ARE TIMES WHERE THEY MAY CLARIFY SOMETHING A LITTLE FURTHER. UH, AND THESE ADMINISTRATIVE DIRECTORS ARE DIRECTIVES, ARE MET AND CONFERRED UPON WHERE REQUIRED. THEY STILL GO THROUGH THE CITY ATTORNEY'S OFFICE FOR REVIEW AND APPROVAL, AND THEN THEY ARE POSTED AND SIGNED FOR BY PORT EMPLOYEES REGARDING OUR TICKETS. UM, SOMETIMES THERE'S CONFUSION. UH, WHEN PEOPLE EXTERNAL SUPPORT, THERE'S SOMETIMES A BELIEF THE PORT HAS A SEPARATE TICKET POLICY FROM THE CITY. AND SO I THOUGHT IT WAS IMPORTANT TO CLARIFY THAT WE DO NOT. UM, ON FEBRUARY 3RD, 2015, THE LONG BEACH CITY COUNCIL APPROVED RESOLUTION NUMBER 10 DASH 0 0 1 0, ADOPTING A POLICY REGARDING THE USE AND DISTRIBUTION OF TICKETS AND PASSES PROVIDED FOR ENTERTAINMENT PURPOSES. ON NOVEMBER 8TH, 2018, THE PORT FORMALLY ADOPTED THIS RESOLUTION AND DESIGNATED OUR DIRECTOR OF COMMUNICATIONS AS THE PORT'S TICKET ADMINISTRATOR. TICKETS FROM OUTSIDE SOURCES MUST BE SUBMITTED TO THE COMMUNICATIONS DIVISION FOR DISTRIBUTION AND COMPLIANCE WITH THE POLICY, AND SHOULD NOT BE GIVEN DIRECTLY TO OR ACCEPTED BY PORT OFFICIALS OR EMPLOYEES. THE LETTER OF DESIGNATION AND TICKET POLICY IS HOUSED ON THE PORTS PUBLIC FACING WEBSITE WITH TICKET REPORTING FROM 2019 TO PRESENT AVAILABLE. THE USE OF TICKETS PURCHASED BY THE PORT AND DONATED BY OUTSIDE SOURCES FOR THE ABOVE PORT PURPOSES ARE POSTED ON THE SITE WITHIN 30 DAYS AFTER DISTRIBUTION OF THE TICKET. SO I HAVE ON HERE, UH, THE, THE LINK TO WHERE THE PUBLIC OR THE COMMISSION'S ABLE TO SEE WHERE THE PORT HOUSES THAT INFORMATION PUBLICLY. NOW, LOOKING BEYOND WHAT THE PORT HAS ADOPTED FROM THE CITY, WE WORK TO INTEGRATE ETHICAL CONSIDERATIONS INTO EVERYDAY OPERATIONS RATHER THAN TREATING ETHICS AS A SEPARATE ACTIVITY. TWO OF THE MOST IMPORTANT AREAS WHERE THIS OCCURS IS IN TRAINING AND OUR PROCUREMENT AND CONTRACTING. THE PORT MANAGES [00:20:01] SIGNIFICANT PUBLIC INVESTMENTS AND COMPETITIVE TRANSPARENT PROCUREMENT PROCESSES ARE ESSENTIAL STAFF INVOLVED IN THESE PROCESSES FOLLOW CLEAR PROCEDURES GOVERNING VENDOR COMMUNICATIONS, EVALUATION PROCESSES AND DOCUMENTATION IN PRACTICE. THIS MEANS DECISIONS ARE GUIDED BY ESTABLISHED CRITERIA AND SUPPORTED BY INTERNAL REVIEW PROCESSES THAT HELP MAINTAIN FAIRNESS AND CONSISTENCY. AS PUBLIC SERVANTS PER EMPLOYEES ARE EXPECTED TO COMPLY WITH ALL APPLICABLE FEDERAL, STATE RULES AND REGULATIONS, AND THIS INCLUDES STATE MANDATED TRAININGS AS PART OF THE EMPLOYMENT AT THE PORT ON DAY ONE. OUR INFORMATION MANAGEMENT DIVISION COVERS IMPORTANT TOPICS TO INCLUDE YOUR USERNAME, YOUR PASSWORD, YOUR DRIVES. YOU MUST WATCH THE CYBERSECURITY VIDEO, AND THEY COVER ETHICS AS IT RELATES TO YOUR ACCESS AND WHAT YOU DO WITH THE INFORMATION THAT YOU RECEIVE AT THE PORT. WITHIN 30 TO 90 DAYS OF EMPLOYMENT PORTS ARE, UH, PORT EMPLOYEES ARE SCHEDULED TO ATTEND THE CITY'S NEW EMPLOYEE ORIENTATION, BUT ALSO OUR INTERNAL ORIENTATION, WHICH IS CALLED EMBARK. EMBARK IS A PORT SPECIFIC NEW EMPLOYEE ORIENTATION THAT FOCUSES ON OUR INTERNAL STRUCTURES, POLICIES AND PROGRAMS. IT DOES NOT REPLACE THE CITY'S NEW EMPLOYEE ORIENTATION, BUT RATHER ENHANCES THE ONBOARDING PROCESS, MAKING IT CLEAR WHAT HARBOR IS AND IS NOT WITHIN THE CITY STRUCTURE, AND WHERE YOU ARE TO REPORT TO THE CITY. AND WHEN YOU REPORT TO HARBOR VARIOUS ISSUES. AS YOUR CAREER DEVELOPS IN PARTNERSHIP WITH CALIFORNIA STATE UNIVERSITY LONG BEACH, THE PORT HAS CREATED TWO ANNUAL LEADERSHIP DEVELOPMENT PROGRAMS WITH ETHICS INTEGRATED AS PART OF THE CURRICULUM. THE FIRST ONE BEING OUR PORTAL LONG BEACH LEADERSHIP DEVELOPMENT PROGRAM, WHICH IS A 10 WEEK CERTIFICATE PROGRAM TAILORED FOR PORT TEAMMATES THAT CURRENTLY HOLD LEADERSHIP ROLES. TO DATE, WE'VE HAD 108 PORT TEAMMATES SUCCESSFULLY COMPLETE THIS DEVELOPMENT PROGRAM WITH 51% EARNING PROMOTIONS POST COMPLETION. DURING THIS PROGRAM, THEY SPEND SESSIONS DIVING INTO ETHICS AND WHAT IT MEANS FOR THEM AS LEADERS. OUR SECOND PATHWAY IS OUR EMERGING LEADER CERTIFICATE PROGRAM, WHICH IS A 12 WEEK CERTIFICATE PROGRAM FOR HIGH POTENTIAL TEAMMATES, NOT YET IN FORMAL LEADERSHIP ROLES. IN DESIGNING THIS PROGRAM, WE ALSO ENSURED THAT ETHICS WAS COVERED AS A LEADERSHIP FUNDAMENTAL. OUR INAUGURAL CLASS IS SET TO GRADUATE ON APRIL 22ND WITH 40 TEAMMATES. WHEN DESIGNING OUR IN-HOUSE TRAINING PROGRAMS, THE PORT CONTINUES TO INTERTWINE AND CONSIDER ETHICS AS PART OF THE LEARNING EXPERIENCE AND DEVELOPMENT. ANOTHER TOUCH POINT I WOULD LIKE TO HIGHLIGHT IS WHEN THE PORT PUSHED OUT, ITS, UH, THE CITY'S 30 MINUTE ANNUAL CODE OF CONDUCT AND ETHICS TRAINING. OUR CEO ADDED IN A REQUIRED TWO MINUTE VIDEO THAT YOU HAD TO WATCH BEFORE YOU COULD WATCH THE ETHICS VIDEO THAT REINFORCED FROM THE TOP FROM OUR CEO, THE IMPORTANCE OF ETHICS, WHY WE WERE REQUIRED TO PERFORM THIS, UH, TRAINING, AND WHAT THE IMPORTANCE OF INTEGRITY IS IN ALL THAT WE DO DURING THE ANNUAL PROCESS OF WHEN WE ARE GOING THROUGH TO ENSURE THAT EVERYONE HAS DONE THEIR ETHICS TRAINING. THE CEO RECEIVES REGULAR UPDATES ON COMPLIANCE, HELPING DRIVE OUR NUMBERS TO, UM, 90% AND ABOVE. IN CURRENT STATE, AS OF MARCH 5TH, 2026, 96% OF OUR EMPLOYEES REMAIN COMPLIANT WITH THE BIANNUAL REQUIREMENTS TO TAKE HARASSMENT PREVENTION TRAINING. WE HAVE 25 HARBOR EMPLOYEES WHO ARE OUTSTANDING AT THIS TIME, AND THIS IS MAINLY DUE TO A CLERICAL ERROR THAT CAUSED MANAGERS TO TAKE THE WRONG COURSE. THEY TOOK THE ONE HOUR INSTEAD OF THE TWO HOUR, AND SO THEY'VE BEEN REDIRECTED TO GO BACK. AND SO WE CAUGHT THAT THROUGH OUR INTERNAL AUDIT PROCESS. SO WE EXPECT TO BE BACK AT A HUNDRED PERCENT COMPLIANCE WITHIN 30 DAYS HARASSMENT PREVENTION TRAINING. IT OFTEN COVERS ETHICS BY FOSTERING A CULTURE OF RESPECT, INCLUSION, AND INTEGRITY BEYOND LEGAL COMPLIANCE. IT ADDRESSES THE MORAL OBLIGATION TO CREATE A SAFE ENVIRONMENT COVERING TOPICS LIKE APPROPRIATE BEHAVIOR, BYSTANDER INTERVENTION, AND NON-RETALIATION, WHICH ARE FUNDAMENTAL TO ETHICAL WORKPLACE CONDUCT. WE ALSO HAVE A 97.9% COMPLIANCE WITH A CODE OF CONDUCT AND ETHICS. UM, WE HAVE 11 EMPLOYEES WHO ARE CLOSELY BEING FOLLOWED. UH, AND THIS IS ALSO THE, THE DIVE DOWN HERE IS BEING CAUSED AT THE TIME. WE HAVE TWO PEOPLE ON EXTENDED LEAVE OF ABSENCE WHO HAVEN'T BEEN ABLE TO COMPLY, BUT WILL AS SOON AS THEY RETURN TO THE OFFICE. IN ADDITION, WE CONTINUE TO SEND OUR NEW HIRES OVER TO THE CITY'S NEW EMPLOYEE ORIENTATION, AND WE'RE AT 96 COMPLIANCE RATE, UH, AND CURRENT STATE. PART OF THE DROP THAT WE HAVE RIGHT NOW IN THIS AREA IS WE HAVE, UH, WE HIRED 19 NEW HIRES IN THE LAST 60 DAYS WHO ARE NOW SCHEDULED TO GO TO THE NEXT SESSION. SO, SPEAKING A LITTLE BIT MORE ABOUT OUR PROCUREMENT SIDE, AROUND 2023, THE PORT BEGAN TO CENTRALIZE OUR PROCUREMENT PROCESSES TO DELIVER EFFICIENCY, COST SAVINGS, STRONGER GOVERNANCE AND STRATEGIC PURCHASING POWER. NOW ESTABLISHED AND FULLY OPERATIONAL, THE CENTRAL PROCUREMENT SERVICES DIVISION HAS DESIGNED SIX CORE VALUES THAT THEY EMBODY IN. ALL THEY DO TO INCLUDE THE NUMBER ONE BEING ETHICS AND INTEGRITY. ETHICS AND INTEGRITY IS A [00:25:01] CORE VALUE AND IS A PILLAR OF THEIR WORK ON AN ANNUAL BASIS. THEY REQUIRE ALL MEMBERS OF THEIR TEAM TO REVIEW AND SIGN A ROBUST CONFLICT OF INTEREST STATEMENT TO DISCLOSE ALL CONFLICTS OR ANY PERCEIVED CONFLICTS. IN ADDITION, THEY HAVE DEVELOPED A PANEL COMPOSITION POLICY FOR REVIEW OF SOLICITATIONS. THAT INCLUDES CONFIDENTIALITY AND CONFLICT OF INTEREST STATEMENTS FOR ALL PANELISTS WHEN ASKED TO BE ON A PANEL, THERE IS A REQUIRED ORIENTATION THAT INCLUDES COVERAGE OF ETHICS AND THE PERCEPTION OF CONFLICTS BEFORE THEY CAN PARTICIPATE OR RECEIVE ANY DOCUMENTATION RELATED TO AN RFP. AS A LONG-TERM GOAL, THE DIVISION IS WORKING TO BUILD OUT ETHICS AND CONTRACTING PROGRAM THAT WILL CREATE INTERNAL POLICY AND TRAINING AROUND CONTRACTING. AND TO ENHANCE WHAT WE HAVE, THE TIMELINE FOR COMPLETION IS APPROXIMATELY ONE YEAR. THE GOAL HAS ALWAYS BEEN TO ENHANCE WHAT THE CITY HAS, BUT NOT TO REPLACE OR STEP ON TOES AS WE CONTINUE TO GROW. OUR FINANCE DIVISION ALSO HAS IMPLEMENTED AN INTERNAL CONTROLS MANAGER THAT IS TASKED WITH BUILDING OUT INTERNAL CONTROL REVIEW PROCESSES THAT ARE ALSO PAIRED WITH ETHICS FOR CHECKS AND BALANCE. AS STATED, THE PORT MAINTAINS ETHICS AT THE FOREFRONT. AS I ROUND OUT THIS PRESENTATION, I WANT TO EMPHASIZE THAT ACCOUNTABILITY AND TRANSPARENCY REINFORCED THESE EXPECTATIONS. THE PORT OPERATES WITHIN A FRAMEWORK OF PUBLIC OVERSIGHT, INCLUDING THE BOARD OF HARBOR COMMISSIONERS AND THE CITY'S ETHICS AND GOVERNANCE PROCESSES. PUBLIC MEETINGS, REPORTING REQUIREMENTS AND INTERNAL REVIEW MECHANISMS HELP ENSURE THAT DECISIONS ARE MADE OPENLY AND RESPONSIBLY. THESE STRUCTURES ARE AN IMPORTANT SAFEGUARD FOR MAINTAINING PUBLIC CONFIDENCE IN THE PORT'S OPERATIONS. WHEN IT COMES TO REPORTING AND INVESTIGATIONS, THE PORT MAKES EVERY EFFORT TO COMPLY WITH REPORTING REQUIREMENTS. STATE LAW REQUIRES THAT ALL GENERAL PURPOSE LOCAL GOVERNMENTS PUBLISH WITHIN SIX MONTHS. AT THE CLOSE OF EACH FISCAL YEAR, A COMPLETE SET OF FINANCIAL STATEMENTS PRESENTED IN CONFORMITY WITH THE US GENERALLY ACCEPTED ACCOUNTING PRINCIPLES AND AUDITED IN ACCORDANCE WITH US GENERALLY ACCEPTED AUDITING STANDARDS BY A FIRM OF LICENSED CERTIFIED PUBLIC ACCOUNTANTS. THE PORT COMPLIES WITH THIS ON AN ANNUAL BASIS, AND IT IS POSTED TO THE CITY AUDITOR'S WEBSITE WHEN INVESTIGATIONS ARE RAISED THROUGH VARIOUS HOTLINES OR PARTIES. INVESTIGATIONS ARE, UM, PROMPTLY CONDUCTED IN INTERDEPARTMENTAL MENTAL COORDINATION WITH THE CITY AUDITOR, THE CITY ATTORNEY'S OFFICE, AND OR OUR CITY HUMAN RESOURCE PARTNERS AS NEEDED, DEPENDING ON GUIDANCE PROVIDED, THESE INVESTIGATIONS MAY BE CONDUCTED IN-HOUSE AT THE PORT BY TRAINED STAFF OR OUTSIDE OUTSOURCED TO A THIRD PARTY ATTORNEY. EITHER WAY, STAFF ARE EXPECTED TO COMPLY WITH INTERNAL INVESTIGATIONS AND THE WITH REPORTS PROVIDED TO LEGAL AND OR THE CITY AUDITOR'S OFFICE FOR REVIEW. FORTUNATELY, REPORTS OF FRAUD, WASTE, AND ABUSE OR ETHICS VIOLATIONS AT HARBOR ARE FAR FEW. THAT CONCLUDES MY PRESENTATION, AND I THANK YOU FOR YOUR TIME AND WELCOME ANY QUESTIONS YOU MAY HAVE. COMM GILL, THANK YOU FOR THE EXCELLENT PRESENTATION. REALLY APPRECIATE IT. SO AS, AS, UH, MAYBE YOU KNOW OR DON'T KNOW, I'M A RETIRED INFORMATION MANAGEMENT MANAGEMENT EMPLOYEE FROM THE, UH, FROM HARBOR. AND, UM, ONE OF THE, THE BIGGEST ISSUES THAT I WAS ALWAYS INVOLVED IN THAT ALWAYS CAUSED A LOT OF CONFLICTS WAS THE PORT BEING UNDER THE STATE LANDS COMMISSION IS HAS ETHICAL RESPONSIBILITIES TO BOTH THE CITY AND TO THE STATE. AND THERE WAS ALWAYS CONFLICTS BETWEEN WHERE THOSE LINES MIGHT OR MIGHT NOT BE. UH, DOES SOME OF YOUR TRAINING CATCH UP ON SOME OF THOSE? UH, I MEAN, I HAVE NO IDEA WHAT'S BEEN GOING ON IN THE LAST FIVE YEARS, BUT THAT WAS ALWAYS A BIG ISSUE, UM, WHEN WE DEALT WITH CONTRACTING AND, AND, AND POLICIES AND RULES. SO THAT'S A GREAT QUESTION. UM, IN MY TIME AT HARBOR, I'VE BEEN THERE SINCE ABOUT 21, SO IT'S DOESN'T DATE BACK AS FAR. UM, I HAVEN'T SEEN THAT BE AN ISSUE IN TERMS OF ANY CONFLICT BETWEEN WHAT THE STATE IS PROVIDING AND WHAT OUR, UH, CITY PARTNERS ARE. UM, I WOULD PRESUME, AND I DON'T KNOW ALL ELEMENTS OF WHAT'S HAPPENING AT THE PORTA EVERY TIME, UM, BUT ONE OF THE THINGS THAT WE ARE GOOD ABOUT IS ENGAGING OUR LEGAL TEAM. AND SO IF THERE ARE CONFLICTS, I WOULD PRESUME THE LEGAL TEAM WOULD BE BROUGHT IN TO HELP DETERMINE WHERE WE SHOULD PLACE OUR RISK, RIGHT? BECAUSE AT THAT POINT, IT'S EITHER A RISK WITH THE TITLES OR IT'S A RISK WITH THE CITY, OR WE CAN FIGURE OUT WHAT NEEDS TO BE PLACED INTO THE PORT, UM, INDEPENDENTLY IN HR, WE HAVE NOT BEEN ASKED TO DESIGN ANY ADDITIONAL ADMINISTRATIVE DIRECTIVES TO CREATE CLARITY AROUND THAT. UM, AND IT HASN'T BEEN RAISED AS AN ISSUE THAT I'M AWARE OF. ANY OF THE OTHER COMMISSIONERS. UM, I, I DO HAVE SOME QUESTIONS. YES. FIRST, THANK YOU VERY MUCH. UM, I'VE BEEN PRESSING TO HEAR FROM THE PORT, UM, UH, FIRST I THINK THERE'S SOME BEST PRACTICES [00:30:01] THAT YOU GUYS ARE EMPLOYING THAT I HOPE THAT THE SHARING IS GOING ON IN THE CITY, AND I ASSUME THAT THERE'S A CONNECTION WITH HEATHER, AND SO BEST PRACTICES ARE BEING TRADED BETWEEN PORT AND WHAT THE CITY MANAGER'S OFFICE IS DOING. UM, I, I DO, I HAVE HAD A CONCERN AS THE CITY MANAGER'S OFFICES GOING THROUGH ADMINISTRATIVE REGULATIONS AND POLICIES THAT ON YOUR WEBSITE I DON'T SEE ALTERNATIVE POLICIES. AND I KNOW, FOR EXAMPLE, IN FINANCIAL MANAGEMENT PORT MUST HAVE DIFFERENT WAYS OF FINANCIAL MANAGEMENT BECAUSE YOU HAVE A VERY DIFFERENT, UH, FINANCIAL SITUATION THAN THE CITY BECAUSE YOU'VE GOT REVENUE STREAMS AND YOU'VE GOT CUSTOMERS, ET CETERA, UM, IN A VERY DIFFERENT WAY FROM THE CITY. UM, SO I RECOGNIZE THE NEED IN SOME AREAS FOR THE PORT TO HAVE A DIFFERENT POLICY, BUT ALL THAT WE SEE OTHER THAN THE TICKET POLICY, AND I SAW YOUR TICKET, I SAW YOUR TICKET DISCLOSURE ONLINE, AND IT'S VERY COMPREHENSIVE AND IT'S VERY UNDERSTANDABLE. AND IT'S, IT'S, I, I THINK, UM, EXCELLENT. UM, BUT, UH, WHERE THE CITY MANAGERS POLICIES SAY, AND, AND I TOOK THE LANGUAGE DOWN, UH, YOU KNOW, CITY EMPLOYEES UNDER CITY MANAGER ARE SUBJECT TO, FOR EXAMPLE, RESTRICTION ON ACCEPTANCE OF GIFTS IN ADDITION TO THOSE SET FORTH BELOW, THAT'S FROM THE GUIDE. AND THEN WE HAVE A, A POLICY ON GIFTS IN GRATUITIES THAT'S APPLICABLE TO THE CITY MANAGERS DEPARTMENTS. AND IT SAYS, KIND OF, WE HOPE IT SAYS IT'S REQUESTED THAT ELECTED OFFICES AND OTHER CITY DEPARTMENTS COMPLY WITH THIS POLICY. UH, AND, UM, IT'S LESS IMPORTANT WHETHER YOU COMPLY WITH THAT POLICY AS LONG AS THERE IS A POLICY AND SUPPORT EMPLOYEES KNOW THE RULES. UH, BECAUSE A CITY POLICY THAT SAYS IT ONLY APPLIES TO CITY MANAGER LEAVES A HUGE LOOPHOLE UNLESS THERE'S AN ALTERNATIVE. SO ARE YOUR ADMINISTRATIVE DIRECTIVES ONLINE ANYWHERE, OR, YEAH, SO THAT'S A GREAT QUESTION. UM, SO TO, TO TACKLE THAT ONE, UM, WE ARE CONNECTED WITH HEATHER, UH, ON TRAINING AND OUR POLICIES. UM, SO WE DO COORDINATE, AND HEATHER HAS COME OVER BACK WHEN TAYLOR ANDERSON WAS HERE AND PROVIDED IN-PERSON ETHICS TRAINING FOR OUR PORT STAFF. UM, AND SO WE DO STAY IN CONNECTION AS RELATES TO THAT. UM, WITH OUR POLICIES, OUR POLICIES ARE ON OUR INTRANET, SO INTERNALLY, ALL OUR PORT STAFF CAN SEE THOSE POLICIES. UM, AND SO OUR GOAL, ONE OF THE GOALS OF OUR NEW CEO MR. UH, DR. HASA GABA, IS TO INCREASE TRANSPARENCY. SO WE ARE LOOKING AT WHAT IS ON THE INTERNET AND WHAT SHOULD BE ON THE INTRANET. AND SO THAT IS BEING REVISITED RIGHT NOW BY OUR COMMUNICATIONS, HUMAN RESOURCES AND A COALITION OF FOLKS WHO ARE GETTING TOGETHER TO KIND OF DISCUSS WHAT THAT LOOKS LIKE. UM, PARTICULARLY WITH GIFTS. YEAH. FOR EXAMPLE, IT'S HELPFUL IF I'M A MEMBER OF THE PUBLIC TO KNOW WHAT YOU'RE ALLOWED TO ACCEPT, RIGHT? SO THE UNDER THE GIFTS, SO WE'LL COMPLY EXACTLY WITH THE CITY'S POLICY. SO THERE'S NO DIFFERENCE. SO WE DON'T HOUSE IT ON OUR WEBSITE, IT'S ON THE CITY'S WEBSITE, BUT WE, I DO UNDERSTAND HOW THAT CAN CREATE CONFUSION FOR A MEMBER OF THE PUBLIC. UM, AS IT RELATES TO WHERE DO I LOOK OR FOR, COULD YOU, COULD YOU SAY ON TO YOUR PEOPLE, WHETHER IT'S ON THE EXTERNAL NET OR THE INTERNAL NET, WE COMPLY WITH THE FOLLOWING CITY POLICIES BECAUSE I KNOW THERE ARE SOME THAT YOU DON'T COMPLY WITH APPROPRIATELY, BUT FOR EXAMPLE, IF YOU'RE GONNA COMPLY WITH THE GIFT POLICY, IT WOULD BE VALUABLE FOR YOUR EMPLOYEES TO KNOW WE COMPLY WITH EIGHT DASH TWO. YES. SO, UM, SPEAKING TO THAT, WHEN WE ONBOARD OUR EMPLOYEES AND WHEN THEY GO THROUGH THE EMBARK PROCESS AND THEY'RE GETTING THAT INTERNAL PORT, UM, ORIENTATION, THEY ARE ADVISED THAT ESSENTIALLY THE ADMINISTRATIVE REGULATIONS THE CITY SET APPLIES UNLESS IT IS OVERWRITTEN. SO, UM, ESSENTIALLY IF WE DON'T HAVE AN ADMINISTRATIVE DIRECTIVE POINTING YOU IN A DIFFERENT DIRECTION, THEN IT IS THE AR WE HAVE NOT REPLACED THAT. UM, SO UNLESS IT ESSENTIALLY IS OVERWRITTEN BY THE CHARTER OR MOU PROVISION OR THE PORT DIRECTED ADMINISTRATIVE DIRECTIVE, THEN YOU COMPLY WITH WHAT THE CITY HAS. AND THAT'S IN WRITING TO THE EMPLOYEE. THAT'S WHAT WE COMMUNICATE OUT TO OUR STAFF IN WRITING IN ORIENTATION. SO, I MEAN, IT'S IN A SLIDE DECK IN A WRITING, IF YOU MEAN IN TERMS OF SOME [00:35:01] SORT OF ISSUED MEMO. NO, I, I'M A RETIRED LAWYER. IF I'M A, IF I'M SOMEBODY AND I'M GETTING FIRED, UM, AND I'M GETTING FIRED FOR VIOLATING A POLICY THAT SAYS IT DOESN'T APPLY TO THE PORT UNLESS THERE'S A DECISION THAT IT WILL ABSENT SOME WRITING THAT SAYS THIS APPLIES TO YOU, I THINK YOU'VE GOT SOME TROUBLE DEFENDING YOUR LABOR CASE. WE HAVEN'T THUS FAR, BECAUSE YOU'RE A CITY EMPLOYEE. SO YOUR CITY BADGE SAYS YOU'RE A CITY EMPLOYEE, YOUR PAYCHECK SAYS YOU'RE A CITY EMPLOYEE. AND SO THE CITY POLICIES DO APPLY TO YOU. SO THEY ARE AWARE OF THAT. THEY ARE HIRED BY THE CITY OF LONG BEACH. IT'S ONLY IF HARBOR HAS SOMETHING THAT IS DIFFERENT OR EXTENDED, THEN YOU SIGN FOR THAT ADDITIONAL PIECE. RIGHT. SO ON THE ONBOARDING, THEY'RE ALREADY SIGNING FOR CITY POLICY. SO YOU DO ACKNOWLEDGE THAT IN THE ONBOARDING PROCESS, IF HARBOR HAS A SEPARATE POLICY, THEN IN OUR ONBOARDING INTERNALLY AT EMBARK, YOU WOULD SIGN FOR THOSE ADDITIONAL POLICIES THAT EXIST INTERNALLY. UM, I, I UNDERSTAND YOUR POINT. IT HASN'T BEEN AN ISSUE FOR US THUS FAR, AND OUR DISCIPLINE CASES HOLD UP ALL THE SAME AND THEY GO THROUGH THE SAME CITY ATTORNEY'S OFFICE. UM, SO I, IT'S SOMETHING I CAN TAKE BACK FOR DISCUSSION TO OUR NEW CEO AND TO OUR BOARD TO SEE WHERE THEY, THEY FALL WITH IT, BUT THE PROCESS WE HAVE HAS, HASN'T RAN US ASTRAY YET. IT, IT'S WORKED. YEAH. UH, YEAH, I, I, I WOULD APPRECIATE IT IF YOU WOULD, BECAUSE IT WOULD BE GREAT IF THE PORT FOR THOSE POLICIES THAT YOU ARE PLANNING ON IMPLEMENTING WITH YOUR PEOPLE AND EXPECTING THEM TO COMPLY, IF YOU COULD, COULD ADOPT THE POLICY AS A PORT POLICY, UM, TO MAKE IT VERY CLEAR SINCE THE TERMS OF THE POLICY ITSELF, SAY THEY ONLY APPLY TO THE CITY MANAGER'S DEPARTMENT, EVERYBODY ELSE, ONLY IF THEY CHOOSE KIND OF YEAH, FOR ME IT'S KIND OF WEIRD ANYWAY, BUT IT IS DIFFERENT. AND I, I PREVIOUSLY WORKED ON THE CITY SIDE AND THE HUMAN RESOURCES DEPARTMENT, AND SO I GET IT BECAUSE IT'S A SEPARATE GOVERNANCE, RIGHT? SO THE HARBOR COMMISSION DOES HAVE THE ABILITY TO CREATE A DIFFERENT POLICY ALONG WITH THE CEO AND DIRECTION. SO, UM, THERE'S NOT MUCH THEY WRITE AND SAY, YOU MUST, UM, BUT WE, WE ADHERE TO THE DRUG AND ALCOHOL POLICY, WE ADHERE TO THE TRAVEL POLICIES, UNLESS WE HAVE SOMETHING THAT SAYS SOMETHING DIFFERENT IN AD UH, THEN THE EMPLOYEE KNOWS THE AR THAT THE CITY HAS PROVIDED APPLIES. ONLY DO WE SAY THIS, YOU KNOW, BASICALLY OVERRIDES THE AR MM-HMM . MM-HMM . THANK YOU. BUT I CAN TAKE THAT BACK AS A, A REQUEST. I APPRECIATE THAT. YES. AND, UM, UH, I, I, I DO WANT TO COMMEND WHAT I'M HEARING ABOUT THE LEADERSHIP TRAINING. IS THAT, SO THOSE LEADERSHIP PROGRAMS, THOSE TWO EMERGING LEADERS AND THE LEADERSHIP, UH, DEVELOPMENT CERTIFICATE, THOSE ARE ALL PORT EMPLOYEES GOING THROUGH THAT TRAINING TOGETHER? YES. SO WE HAVE COHORTS, UM, ESSENTIALLY THEY APPLY WITH RECOMMENDATION FROM THEIR SUPERVISOR HR VETS. AND WE KEEP THE CLASSES SMALL, TYPICALLY NO MORE THAN 30 IN A CLASS. UM, AND THEY GO THROUGH IT TOGETHER. AND SO IT'S, IT'S SET. THEY HAVE A SCHEDULE, IT'S PROVIDED BY TRAINERS, UH, THROUGH LONG BEACH, CAL STATE LONG BEACH EXTENSION SERVICES, AND WE CONTINUE TO GET FEEDBACK AND REVAMP THE PROGRAM. SO ETHICS HAS BEEN THERE FROM DAY ONE, AND THEN WE MOVE ON TO KIND OF EXPAND OUT HOW MUCH TIME IS SPENT ON THAT. SO IN THE FIRST SESSION, UM, IT WAS ESSENTIALLY LIKE A SMALL SEGMENT AND THEN IT GREW INTO, NOW IT IS A FULL DAY OF ETHICS ON ONE OF THE DAYS THAT THEY GO IN THAT THEY ARE SPENDING ON THAT. THAT'S GREAT. THANK YOU. AND I LOVE THAT YOUR CEO IS DOING A TWO MINUTE INTRO TO THE ETHICS, TO THE STANDARD ETHICS TRAINING. YES. THAT HAS REALLY HELPED REFRAME IT FOR OUR EMPLOYEES THAT THIS IS NOT, THE CITY GAVE US THIS TO WATCH. RIGHT. IT'S, I WHOLEHEARTEDLY BELIEVE IN THIS. WE ARE TO LIVE AND BREATHE IT. TAKE IT SERIOUSLY. NOW WATCH THE VIDEO, . THANK YOU. YEAH. ANY OTHER, UH, COMMISSIONER GILLETTE, THANK YOU FOR THAT PRESENTATION. I WAS QUITE IMPRESSED WITH THE TRAINING COMPLIANCE NUMBERS THAT YOU HAD IN YOUR POWERPOINT IN THE NINETIES, HIGH NINETIES. UM, I, I, I'M JUST CURIOUS, WHAT, HOW, HOW DO YOU, INFOR HOW DO YOU GET TO THAT POINT? WHAT'S THE, WHAT'S THE CONSEQUENCE IF THEY DON'T DO TRAINING? DO THEY GET LOCKED OUT OF THEIR SYSTEM? UH, WHAT, WHAT IS IT? 'CAUSE THAT'S AN IMPRESSIVE, UM, STATISTICS HERE. SO, UM, OUR MAGIC SAUCE IS THE CEO SAYING IT MATTERS. UH, SO ESSENTIALLY THAT PUSH DOWN FROM THE TOP AND, UM, REQUIRING THAT HR REPORT THE NUMBERS BACK ALONG WITH THE NAMES. SO WHEN WE LAUNCH A TRAINING, YOU HAVE YOUR 30 DAY WINDOW TO GET IT DONE. IF YOU'RE NOT DONE IN THAT 30 DAY WINDOW, IT'S GOING UPSTAIRS. AND SO THAT HAS CAUSED PEOPLE NOT TO WANT TO BE ON THE CEO'S RADAR OR REPEATEDLY HAVE TO BE THERE. UM, AND THEN ESSENTIALLY WE HAVE NOT GONE ON THE PATHWAY, UM, BUT IT HAS BEEN CONSIDERED OF PUTTING IN DISCIPLINARY MEASURES. SO THAT WAS TALKED ABOUT UPFRONT AND UH, LUCKILY WE DIDN'T HAVE [00:40:01] TO GET THERE. 'CAUSE THAT'S A WHOLE SEPARATE MEETING CONFERRED PROCESS. YOU'RE CHANGING TERMS AND CONDITIONS OF EMPLOYMENT. THEY'D WANNA TALK ABOUT HOW WE'RE ENFORCING THAT. UM, BUT THEY HAVE ALWAYS TAKEN IT SERIOUS AROUND CYBERSECURITY AND AROUND THE HARASSMENT AND THE ETHICS. SO THOSE ARE THINGS THAT ARE JUST NON-NEGOTIABLES. UM, WHEN IT RELATES TO THE CYBERSECURITY, YOU CAN'T EVEN GET YOUR COMPUTER UNLOCKED ON YOUR FIRST DAY TILL YOU COMPLETE THE TRAINING. SO YOU HAVE TO UNDERSTAND WHAT IT IS TO PROTECT YOUR ITEMS. UM, AND THAT IS GIVEN ON DAY ONE. AND YOU GO TO OUR, UH, TRAINING FACILITY THAT'S ON OUR INFORMATION MANAGEMENT FLOOR. AND UNTIL YOU DO THAT, YOU GO THROUGH THE POLICY TOGETHER AND YOU SIGN, YOU DO NOT GET YOUR LOGIN. UM, SO THAT'S ONE WAY WE LOCK THAT DOWN WITH THE HARASSMENT PREVENTION AND THE ETHICS, WE WILL REPORT YOU. SO YOU GET YOUR WARNING, YOU'RE TOLD YOU HAVE 30 DAYS. HR GIVES YOU A KIND LITTLE FIVE DAY GRACE PERIOD, UM, IN CASE SOMETHING HAPPENED. BUT YOU HAVE TO GET IT DONE. AND WE CONTINUOUSLY SUBMIT REPORTS TO THE CEO ABOUT COMPLIANCE BY DIVISION AND COMPLIANCE BY INDIVIDUAL. THANK YOU. AND, UM, I WANTED TO MOVE ON TO THE INVESTIGATION. MM-HMM . UH, YOU MENTIONED THAT, UM, INVESTIGATIONS ARE HANDLED EITHER IN-HOUSE OR BY EXTERNAL INVESTIGATORS. UH, HOW MANY IN-HOUSE INVESTIGATORS DOES THE PORT HAVE? WE CURRENTLY HAVE THREE CERTIFIED IN-HOUSE INVESTIGATORS IN OUR HUMAN RESOURCES DIVISION. AND HOW DO THEY DETERMINE, UH, LIKE IF, IF ONE DEPARTMENT IS IMPLICATED, WHO, WHO WOULD HANDLE THAT? SO IF, FOR EXAMPLE, IF HR IS IMPLICATED, WHO WOULD HANDLE THAT REVIEW? IF, UH, WHATEVER DEPARTMENT, JUST SO THAT THERE'S NO INVESTIGATING OF THEMSELVES. SO WE WORK IN, UH, COORDINATION WITH THE CITY ATTORNEY'S OFFICE AND WE MAKE THE RECOMMENDATION AND THEY LET US KNOW WHICH DIRECTION. SO, UM, IF IT'S SOMETHING IN-HOUSE AND IT'S ON, SAY, A FRONTLINE EMPLOYEE AND WE BELIEVE WE HAVE CAPACITY, WE LET THE CITY ATTORNEY'S OFFICE KNOW WHAT THE COMPLAINT IS, THE SCOPE OF INVESTIGATION, AND THEY SAY, OKAY, YAY OR NAY IF YOU CAN HANDLE IT IN HOUSE. UM, WE TYPICALLY CONFLICT OURSELF OUT IF IT'S A DIRECTOR OR ABOVE. SO WE DON'T INVESTIGATE OUR PEERS OR OUR, UH, SUPERVISORS. SO CONSIDERING THE HIGHEST RANKING PERSON FOR HR IS MYSELF AS THE DIRECTOR, ANYTHING THAT IS ABOVE THAT LEVEL, UM, WE WILL AUTOMATICALLY REQUEST AN OUTSOURCE SOURCE. THANK YOU. YOU ARE WELCOME, COMMISSIONER. NOR YEAH. THANK YOU CHAIR. UH, FIRST OF ALL, THANK YOU VERY MUCH FOR THE PRESENTATION. UM, IT IS A VERY HELPFUL OVERVIEW OF YOUR DEPARTMENT'S POLICIES, UM, AND TRAINING STRUCTURE. UM, YOU KNOW, AS COMMISSIONERS WE SOMETIMES ASK ABOUT HOW ISSUES ARE REPORTED OR HANDLED IN PRACTICE, NOT JUST IN THEORY. UM, AND WE ALSO ARE CURIOUS AND WONDER ABOUT METRICS. UM, SO MOVING FORWARD, IT MIGHT BE NICE TO INCLUDE SOME EX A BRIEF EXPLANATION OR SLIDES, UM, FOR YOUR FUTURE PRESENTATIONS. UH, FOR EXAMPLE, UM, A SLIDE ON VENDORS AND PROCUREMENT, UH, A SLIDE ON DISCIPLINARY OUTCOMES, UH, REPORTING OR OVERSIGHT MECHANISMS, THE NUMBER OF INVESTIGATIONS, ENFORCEMENT, DISCIPLINARY OUTCOMES, AND, UM, CONFLICT OF INTEREST MANAGEMENT. UM, THESE ARE JUST SUGGESTIONS, BUT, UH, THANK YOU. UM, I APPRECIATE THE EFFORT THAT YOU PUT INTO THE PRESENTATION. THANKS. ALRIGHT, THANK YOU. COMMISSIONER DE BENEDICTUS. UM, SO CHRISTINA AND RAMON, THANK YOU VERY MUCH FOR YOUR PRESENTATION. UH, IT'S ALWAYS BETTER FOR ME TO GO LAST 'CAUSE I JUMP AROUND AND, UH, DID A, I LISTENING, LISTENING CAREFULLY. MANY OF MY QUESTIONS HAVE BEEN ANSWERED. UM, HOW MANY EMPLOYEES ARE THERE AT THE, WE HAVE JUST JIVE. 600. 600, OKAY. UM, DOES THE CITY HAVE IN ACCESS TO THE INTRANET AT THE PORT? NO. AND IS THERE A PARTICULAR REASON FOR THAT? WE'RE ON SEPARATE SERVERS. OKAY. UM, AND SO THE CITY DOES NOT HAVE ACCESS TO OUR INTERNAL PARTS. AND YOU WERE SAYING THAT MUCH OF THE, UM, THE POL YOU FOR THE LION'S SHARE, THE POLICIES ARE THE SAME MM-HMM . UH, YOU DO HAVE ADMINISTRATIVE, UM, DIRECTIVES. YOU SAID DIRECTIVES THAT, UH, MIGHT, ARE THEY GENERALLY MORE RESTRICTIVE IF YOU DO ISSUE ONE? THEY'RE EITHER CLARIFYING OR MORE RESTRICTIVE. OKAY. YES. WE DON'T WRITE ANY POLICIES THAT ARE LESS RESTRICTED THAN WHAT THE CITY HAS REQUIRED. AND THEN I NOTICED THAT YOU MENTIONED, UM, I WAS IN, UM, I'M VERY INTERESTED IN THE PROCUREMENT WORK. YOU KNOW, THAT THE COMPLIANCE THAT IS DONE, UH, THERE, THAT'S PROBABLY THE LINE SHARE OF THE DOLLAR, EVERYTHING THAT GOES THROUGH THERE IS SO IMPORTANT. UM, YOU STATED THAT THEY HAD A CONFLICT OF INTEREST FORM MM-HMM . THAT EACH OF THE PART, UH, THE PARTICIPANTS WERE ON [00:45:01] STAFF WITHIN THAT PROCUREMENT ORGANIZATION. WOULD THAT ALSO INCLUDE THE SUPPLY CHAIN, OR WOULD IT BE ONLY THE PEOPLE IN PROCUREMENT? THE PEOPLE WHO HAVE THE ABILITY TO, UH, CONTRACT? SO THE WAY, UM, IT CURRENTLY WORKS IS ESSENTIALLY IT'S THE INTERNAL STAFF BECAUSE WE CENTRALIZE. SO THERE'S NOT TOO MUCH DECENTRALIZATION THAT'S HAPPENING OUTSIDE OF PURCHASING OFF OF CONTRACTS THAT HAVE ALREADY BEEN APPROVED. UM, SO WITH THAT CENTRALIZATION, THEIR STAFF SIGN, AND THEN IF YOU ARE LAUNCHING AN RFP OR YOU'RE GOING TO BE ON A PANEL, THEN YOU SIGN, UH, BASICALLY FOR WHAT IT IS THAT YOU ARE DOING. AND THEN HOW ABOUT JUST, UH, THE, THE PEOPLE THAT ARE ASSIGNED TO THAT ORGANIZATION, DO THEY HAVE TO FILL OUT A CONFLICT OF INTEREST QUESTION YET? I WOULD HAVE TO REPORT BACK ON IF THEY'RE REQUIRING THE VENDOR TO SIGN. RIGHT. UM, IF IT'S POSSIBLE, I, I'D LOVE FOR IT TO BE SHARED WITH US. 'CAUSE I THINK IT'S SOMETHING THAT, UH, THIS, THIS IS A KIND OF A THING THAT WE'D LIKE TO MOVE TOWARDS, I THINK ACROSS, UH, THE CITY. UH, 'CAUSE THE PROCUREMENT AREA IS, SEEMS TO BE AN AREA THAT'S, UH, NEEDS SOME IMPROVEMENT. AND IT SOUNDS LIKE YOU'RE, YOU'RE DOING A GREAT JOB OVER THERE. I'M SURE THEY'RE A MIGHTY BUT STRONG GROUP. UM, BUT I'D BE INTERESTED IN THOSE CONFLICT OF INTEREST, UH, CERTIFICATES. UM, SEE HOW DOES THE ADVERTISEMENT OF HEATHER'S ORGANIZATION AND THE HELPLINE GET ACCOMPLISHED? UM, SO ESSENTIALLY HEATHER SENDS OUT THE ETHICAL ELEPHANT NEWSLETTER, AND THAT IS SHARED, UM, OUT THROUGHOUT WHAT OUR ORGANIZATION AND STAFF. WE'VE ALSO HAD HEATHER PRESENT, UM, ALONG WITH THE CITY ATTORNEY'S OFFICE. AND I BELIEVE THE LAST TIME WAS IN 2023. SO IT'S, IT'S BEEN A MINUTE. UM, BUT THEY CAME OVER AND PROVIDED IN-PERSON TRAINING, AND THAT PROVIDED HEATHER WITH THE OPPORTUNITY TO PROVIDE HER CONTACT INFORMATION TO EXPRESS WHAT THIS COMMISSION IN THE OFFICE DOES, UM, AND ESSENTIALLY WHAT THE WORK IS ON THE OTHER SIDE. SO THAT'S BEEN, UH, THE EXTENT THAT I CAN REMEMBER OR RECALL AT THIS JUNCTURE. BUT I CAN ALWAYS LOOK INTERNALLY TO SEE WHAT ELSE WE'VE HAD. YEAH. UM, WHAT ISN'T KNOWN, YOU KNOW, THE PHONE WILL NEVER RING. SO IT'S IMPORTANT. AND I'M NOT THAT TO SAY THAT WE WANT LOTS OF BUSINESS IN THIS AREA, BUT THE REALITY IS, UM, AWARENESS. UH, SO I DON'T KNOW IF YOU DO SURVEYS THAT, UH, CHECK THE PULSE OF THE ETHICAL CLIMATE OR THE CONDUCT OF THE, OF THE EMPLOYEES THERE. IT SOUNDS LIKE THAT YOU GUYS ARE DOING A GREAT JOB, BUT THE MORE, UM, COMMON LANGUAGE AND THE INFORMATION ACROSS THE, THE TWO ORGANIZATIONS I THINK WOULD BE, WOULD BE GREAT. UM, AND I WOULD, UH, PUSH ALSO TOWARDS HEATHER, UH, TO MAKE SURE THE COMMUNICATIONS ARE MADE AVAILABLE, YOU KNOW, POSTED, IT SOUNDS LIKE YOU HAVE A, A LABOR INTENSIVE ORGANIZATION, SO I'M SURE THERE'S LOTS OF AREAS OR OPPORTUNITY TO POST AND MAKE INFORMATION AVAILABLE. UM, ARE THE MAJORITY OF THE EMPLOYEES OUT AND ABOUT? THEY HAVE, THEY ARE, HAVE ACCESS TO KIOSKS OR ARE THEY LOCATED ALL, ALL CODE LOCATED? UM, ALL THE EMPLOYEES HAVE ACCESS TO A DEVICE. SO, UM, MOST ARE IN OUR PORT ADMINISTRATION BUILDING, SO THEY'RE SITTING AT A DESK AND HAVE ACCESS TO A COMPUTER. OKAY. UM, AND FOR OUR FIELD EMPLOYEES, THEY'RE ALL ISSUED, UH, IPADS AND THAT INCLUDES OUR MAINTENANCE STAFF. THEY ALL HAVE, UH, AN ACCESS. SO THAT'S FOR THEM TO BE ABLE TO DO THEIR TRAININGS, TO SUBMIT THEIR TIMECARDS, UM, AND TO ALSO CHECK EMAILS. THAT'S GREAT. UM, LET'S SEE. UH, GOING BACK TO THE, UH, PROCUREMENT PIECE, UH, LAST YEAR THERE WAS A VENDOR CODE OF CONDUCT THAT WAS ISSUED WITHIN THE CITY. WAS THAT, UH, MADE AVAILABLE TO YOU ALL, OR ARE YOU AWARE OF THE VENDOR CODE OF CONDUCT IS, IT'S NOT SOMETHING THAT ANYBODY HAS TO CERTIFY TO. YEAH. BUT IT IS A, A SET OF STANDARDS TO, FOR THE SUPPLIERS OR VENDORS TO ASCRIBE TO. SO OUR CENTRAL PROCUREMENT, UH, DIVISION IS AWARE OF IT. I WOULD HAVE TO CHECK IN ON WHAT, IF ANYTHING THEY'VE DONE WITH THAT SINCE RECEIPT. OKAY. I'LL PUSH ON. HEATHER, HAVE YOU MET THE LEADERSHIP TEAM OVER THERE, THE CEO AND ET CETERA? NOT SINCE, UH, DR. HASAGA TOOK OVER. NOW HOW LONG HAS HE BEEN IN PLACE? SINCE JANUARY? NOT LONG. JANUARY. OKAY. NOT LONG. OKAY. IT WOULD BE GOOD TO MAKE SURE THAT YOU ARE THE FACE. IT DOESN'T SOUND LIKE THERE'S A DUPLICATE ORGANIZATION OVER THERE, YOU KNOW. NO, THERE SHOULD NOT BE ANY CONFUSION. UH, AND IT SOUNDS LIKE, UH, CHRISTINA AND RAMON, I MEAN, THE ORGANIZATION'S DOING GREAT AND IF ANYTHING, THERE MIGHT BE BEST PRACTICES TO GLEAN AS WE'VE ALL BEEN TALKING ABOUT AND VICE VERSA. YOU KNOW, MAKING SURE THAT THERE'S A GOOD CONDUIT BETWEEN THE TWO ORGANIZATIONS WITH RESPECT TO THIS AREA. UM, YEAH. OKAY. THANK YOU VERY MUCH. I APPRECIATE IT. ALL RIGHT. THANK YOU SO MUCH FOR HAVING US COMMISSIONER GILL. I, I JUST HAD A QUICK ANECDOTE I JUST WANTED TO SHARE. AND, UM, ALL EMPLOYEES, CONTRACTORS AND CONSULTANTS THAT HAVE ACCESS TO THE PORTS NETWORK HAVE TO GO THROUGH PORTS CYBERSECURITY TRAINING AND THE BASELINE TRAINING. AND THEN EVERY QUARTER THERE'S ANOTHER 10 OR 15 MINUTES, [00:50:01] WHICH I JUST GOT EMAILED 'CAUSE I'M A CONSULTANT STILL. YEP. . BUT THE, I HAD A CONTRACTOR WHO WAS LATE AND ON A SUNDAY, FORMER CEO MARIO CALLED ME ON MY CELL PHONE AT HOME ASKING ME WHY I HAD A CONTRACTOR WHO HAD NOT COMPLETED HIS CYBERSECURITY TRAINING ON TIME . SO, UH, MARIO HAD THIS THING ABOUT A HUNDRED PERCENT. YES. AND I, I THINK NOELLE PROBABLY HAS SIMILAR. YES, MARIO HAS LEFT HIS LEGACY OF THE A HUNDRED PERCENT. SO, UM, WHILE WE APPRECIATE OUR NUMBERS AT 96, WE'RE LIKE, WHY ARE WE NOT BACK AT A HUNDRED ? AND SO WE DO MONITOR, WE DO TRACK, WE DO HARASS AND FOLLOW AND SAY, HEY, WHERE ARE YOU AT? UM, AND LIKE YOU MENTIONED, UH, OUR CEO WILL CALL YOU SPECIFICALLY OUR STOP BY YOUR DESK AND TRY TO UNDERSTAND WHY YOU HAVE NOT PRIORITIZED, UM, THE IMPORTANCE. AND THEN THEY WILL STAND THERE AND EXPLAIN TO YOU THE IMPORTANCE AND THEN COME BACK AND FIND YOU IN ANOTHER 30 MINUTES TO SEE IF YOU'RE DONE. HOPEFULLY THE CITY MANAGER'S OFFICE IS GETTING SOME IDEAS. , UH, ANYONE ELSE? I ALWAYS THINK IT'S A GOOD IDEA TO ASK YOU ALL WHAT DO YOU NEED FROM US? UH, IT'S, UH, YOU KNOW, WE'RE A NEW COMMISSION, RELATIVELY NEW, UH, AS WE TALKED ABOUT, IT SOUNDS LIKE THE TWO ORGANIZATIONS HAVE A LOT TO GET DONE IN PARALLEL AND HAVE, UH, UH, A COMMON CULTURE. UH, BUT WHAT, WHAT, WHAT IS IT ALL, WHAT DO YOU NEED ON THE RECORD FROM THE CITY OR FROM THIS COMMISSION? YOU KNOW, I, THAT'S A GREAT QUESTION. UM, I DON'T WANNA MISSPEAK ON BEHALF OF MY BOARD OR MY CEO, SO I'D WANT TO COLLECT FROM THEM IF THEY HAD SOMETHING. BUT FOR ME AND WHERE I SIT IN THE STADIUM, UM, IT'S BEEN A GREAT CONNECTION AND COLLABORATION ALREADY WITH HEATHER AND THE THINGS THAT WE NEED. SHE'S VERY RESPONSIVE, UM, AS WE ARE GOING THROUGH LOOKING AT OUR POLICIES TO DETERMINE WHAT IS AND IS NOT APPLICABLE ANYMORE, WHAT NEEDS TO BE UPDATED, PERHAPS WHAT NEEDS TO BE RESCINDED AND GO BACK TO SOMETHING ELSE. UM, WE'VE BEEN ABLE TO CONNECT WITH HER. AND SO WE'RE ALREADY WORKING TO SET UP A SMALL WORKING COMMITTEE THAT MAY OR MAY NOT INCLUDE UTILITIES. I THINK WE'RE STILL WAITING, UM, JUST FOR THAT CONFIRMATION TO START GOING THROUGH WHAT DO WE HAVE, UM, AND TRYING TO ALSO START FIGURING OUT HOW TO COLLABORATE, UM, A LITTLE MORE, I GUESS MORE STRONGLY WITH OUR CITY COUNTERPARTS TO MAYBE WRITE THE POLICIES IN A WAY WHERE WE DON'T NEED TO REWRITE THEM AT HARBOR TO MAKE IT MAKE SENSE INTO OUR ORGANIZATION. UM, WE ARE, I MEAN, WE'RE NOT LOOKING TO CREATE EXTRA POLICIES. AT LEAST MY TEAM IS NOT, WE ARE MORE THAN HAPPY AND FINE WITH FOLLOWING WHAT'S OUT THERE. IF IT'S ALREADY SET AND THE GUIDELINES ARE SET, IT MAKES OUR JOB EVEN EASIER, RIGHT? WE DON'T HAVE TO DO A SEPARATE MEET AND CONFER. WE DON'T HAVE TO DO A SEPARATE TRAINING. WE CAN HAVE EVERYONE ALIGN WITH THE REST OF THEIR COUNTERPARTS. UM, AND WE ALSO, I BELIEVE IT PROVIDES BETTER CONTINUITY FOR FOLKS WHO TRANSFER IN AND OUT OF THE HARBOR DEPARTMENT, RIGHT? WE HAVE PEOPLE WHO TRANSFER IN FOR THE FIRST TIME AND THINK THEY WENT TO A COMPLETELY DIFFERENT ORGANIZATION AND WE'RE LIKE, NO, IT'S STILL THE CITY OF LONG BEACH, BUT HERE'S HOW THINGS ARE DIFFERENT. AND THAT'S KIND OF WHY WE CREATED EMBARK TO FILL THAT GAP, UM, SO PEOPLE UNDERSTAND WHAT THE PORT IS AND WHAT IT'S NOT. AND WE DO EMPHASIZE WE ARE STILL PART OF THE CITY OF LONG BEACH. YOU ARE STILL A CITY OF LONG BEACH EMPLOYEE. WE ARE THE HARVARD DEPARTMENT PUBLICLY DOING BUSINESS AS THE PORT OF LONG BEACH. AND WHILE THAT COMES WITH SOME LEVEL OF PERKS, WE ARE STILL PART OF ONE TEAM. UM, SO HEATHER AND THE TEAM HAVE BEEN GREAT, AND WE'RE WORKING THROUGH KIND OF EVEN JUST LOOKING AT THE POLICIES MORE COLLABORATIVELY AND GOING THROUGH RATHER THAN WORKING IN SILOS. SO FOR ME, THERE'S NOT MUCH THAT I NEED EXCEPT CONTINUE TO MAKE HEATHER AVAILABLE TO US. UM, BUT I CAN ALWAYS CHECK IN WITH OUR CEO AND THEN WHEN HE, HE AND HEATHER HAVE THE OPPORTUNITY TO CONNECT, UM, THEN PERHAPS HE CAN SHARE AND SHE CAN BRING IT BACK TO THIS COMMISSION. THAT'S GOOD TO HEAR. I THINK IT'S, UH, GOOD TO HAVE EARLY DAYS THAT CONVERSATION BEFORE ALL THIS STUFF IS WRITTEN. AND AS WE KNOW, MUCH OF OUR, OUR STUFF IS ARCHAIC, SO WE NEED TO GET IT DONE AND, AND BE ON THE SAME PAGE. SO THERE IS CLARITY, UH, BETWEEN THE TWO ORGANIZATIONS. AND IT SOUNDS LIKE THERE'S A LOT OF MATURITY OVER THERE THAT COULD BE SHARED. THANKS. ALRIGHT, THANK YOU. ANY FURTHER FROM THE COMMISSION? IS THERE ANY PUBLIC COMMENT ON THIS ITEM? I WANNA THANK YOU VERY MUCH. I REALLY APPRECIATE IT. AND WE WILL BE HOPEFULLY HAVING YOU BACK, UH, PERIODICALLY, UH, SO THAT WE CAN HEAR PARTICULARLY HOW THE POLICY REVIEWS AND THAT KIND OF THING ARE GOING. AND YES, WE'VE ALSO HEARD SOME OTHER COMMISSIONERS WHO HAD WANTED SOME DIFFERENT FOCUS, BUT I APPRECIATE, I THINK THAT THE, THE, AS THE FIRST PRESENTATION, THIS REALLY HIT THE HIGH MARKS THAT WE NEEDED TO HEAR. SO THANK YOU. WELL, THANK YOU. THANK YOU FOR HAVING US. WE'RE ALWAYS, UH, WELCOME AND AVAILABLE TO COME BACK AND TO IMPLEMENT THE RECOMMENDATIONS THAT ARE PROVIDED FOR A FUTURE REPORT AND TO EXPAND, UM, WITH GREATER TRANSPARENCY WHAT IS GOING ON AT HARBOR. SO THANK YOU. WE TAKE A VOTE IT [00:55:16] COMMISSIONER DE BENEDICTUS. IS IT? IT'S OKAY. WE'LL TAKE A VERBAL COMMISSIONER DE BENEDICTUS, JUST AYE. OH, THERE IT GOES. OKAY. SORRY. IT JUST A SLIGHT LAG. ALL RIGHT. MOTION CARRIES. [3. 26-54451 Recommendation to receive and file a Brown Act presentation from the City Attorney’s Office.       Suggested Action: Approve recommendation. ] AGENDA ITEM NUMBER THREE, RECOMMENDATION TO RECEIVE AND FILE A BROWN ACT PRESENTATION FROM THE CITY ATTORNEY'S OFFICE. I HAVE A MOTION FROM COMMISSIONER DE BENEDICTUS, SECONDED BY COMMISSIONER GILLETTE AND MILLICENT, YOU'LL BE PRESENTING, THAT'S CORRECT. IF WE CAN GET THE PRESENTATION, UH, UP, PLEASE. IT'S PART OF THE AGENDA PACKAGE. HMM. THAT LOOKS PROMISING. ALL RIGHTY. BUT I SAID THAT LOOKS PROMISING. YEAH, . SO THIS IS MY PRESENTATION ON THE BROWN ACT. UM, FIRST I WANT TO WALK YOU THROUGH SOME OF THE HISTORY OF THE BROWN ACT, UM, WHICH WAS ENACTED IN RESPONSE TO, UM, A SERIES OF ARTICLES IN THE SAN FRANCISCO CHRONICLE, IN WHICH, UM, A REPORTER NAMED MIKE HARRIS REVEALED THAT LOCAL AGENCIES WERE FREQUENTLY HOLDING SECRET MEETINGS OR, UH, OR CAUCUSES IN 1952. UM, AND FUN FACT, MIKE HARRIS IS THE REPORTER, ACTUALLY WORKED WITH THE STATE LEGISLATOR ON THE BROWN ACT. UM, THE BROWN ACT, ALONG WITH THE PUBLIC RECORDS ACT, IS ONE OF THE, UH, ONE OF TWO OF CALIFORNIA'S MAIN SUNSHINE LAWS. UM, SUNSHINE LAWS GET THEIR NAME FROM THE IDEA THAT THE, THE BRIGHT LIGHT OF SUNSHINE OR PUBLIC SCRUTINY IS THE BEST DISINFECTED AGAINST INEPTITUDE, NEGLIGENCE AND CORRUPTION IN A DEMOCRATIC GOVERNMENT. UM, IN CALIFORNIA, SUNSHINE IS ACTUALLY A CONSTITUTIONAL RIGHT. IT IS WRITTEN IN OUR CALIFORNIA CONSTITUTION THAT THE RIGHT HAS, THAT THE PUBLIC HAS THE RIGHT TO ATTEND, UM, MEETINGS OF LOCAL AGENCIES AND LEGISLATIVE BODIES. SO THESE ARE SOME GENERAL PRINCIPLES OF THE BROWN ACT. UH, AND BEFORE I GO THROUGH THOSE GENERAL PRINCIPLES, I DO WANT TO, UH, READ VERBATIM FROM THE INTRODUCTION TO THE BROWN ACT, WHICH DESCRIBES ITS PURPOSE AND INTENT. SO IT READS, IN ENACTING THIS CHAPTER, THE LEGISLATOR FINDS AND DECLARES THAT THE PUBLIC COMMISSIONS, BOARDS AND COUNCILS AND OTHER PUBLIC AGENCIES IN THIS STATE EXIST TO AID IN THE CONDUCT OF THE PEOPLE'S BUSINESS. IT IS THE INTENT OF THE LAW THAT THEIR ACTIONS BE TAKEN OPENLY AND THAT THEIR DELIBERATIONS BE CONDUCTED OPENLY. THE PEOPLE OF THE STATE DO NOT YIELD THEIR SOVEREIGNTY TO THE AGENCIES WHICH SERVE THEM. THE PEOPLE IN DELEGATING AUTHORITY DO NOT GIVE THEIR PUBLIC SERVANTS THE RIGHT TO DECIDE WHAT'S GOOD FOR THE PEOPLE TO KNOW AND WHAT [01:00:01] IS NOT GOOD FOR THEM TO KNOW. UH, VERY ARTFUL, ARTFULLY WRITTEN LANGUAGE. UM, IN ALL LAW, YOU DON'T SEE THAT VERY OFTEN, BUT, UH, THIS INTRODUCTION PRETTY MUCH CAPTURES THE GENERAL PRINCIPLES THAT I HAVE ON THIS SLIDE. FIRST, THAT ALL MEETINGS MUST BE OPEN. UM, A MEETING IS MEANING UNDER THE BROWN ACT. THERE'S A VERY SPECIFIC DEFINITION, AND THAT IS A CONGREGATION OF THE MAJORITY OF A LEGISLATIVE BODY THAT GATHERS TO DELIBERATE, UH, ON MATTERS WITHIN THE SUBJECT MATTER AREA, JURISDICTION OF THAT BODY. SO IF THE MAJORITY OF YOU MEET IN RALPH'S AND START TALKING ABOUT ETHICS COMMISSION, UM, SUBJECT MATTER JURISDICTION ITEMS, THAT IS A MEETING. UH, HOWEVER, IT IS UN UNLAWFUL BECAUSE IF A LEGISLATIVE BODY HAS A MEETING, IT MUST HAVE, IT MUST FOLLOW THE OPEN AGENDA REQUIREMENTS, INCLUDING POSTING THE, OF THE AGENDA, NOTICE OF THE MEETING, ET CETERA. SO THAT IS WHY I'LL TALK ABOUT LATER IN OUR, IN THIS PRESENTATION. UM, I'LL TALK WHY, TALK ABOUT WHY SERIAL COMMUNICATIONS ARE A PROBLEM AND UNLAWFUL, UM, AND OTHER TYPES OF MEETINGS, UM, OUTSIDE OF A NOTICE MEETING ARE UNLAWFUL. UM, THE SECOND PRINCIPLE IS THAT ACTIONS AND DELIBERATIONS MUST BE TAKEN OPENLY. UH, ALL PEOPLE HAVE THE RIGHT TO ATTEND AND PARTICIPATE IN MEETINGS AND ONLY MATTERS ON THE AGENDA, UM, CAN BE DISCUSSED. ANOTHER IMPORTANT PRINCIPLE OF THE BROWN ACT IS, UM, TO DO WHAT'S KNOWN AS AVOIDING THE APPEARANCE, APPEARANCE OF IMPROPRIETY. UH, THE APPEARANCE OF IMPROPRIETY MEANS THAT THERE IS A PERCEPTION THAT WRONGDOING OR MISCONDUCT MAY HAVE OCCURRED BY A PUBLIC OFFICIAL. UM, PUBLIC OFFICIALS INCLUDE YOURSELVES, UM, CITY ELECTED OFFICIALS, UM, AND STAFF. AND AS A COMMISSION, YOU CAN AVOID THE APPEARANCE OF IMPROPRIETY THAT YOU'RE VIOLATING THE BROWN ACT BY AVOIDING THE POSSIBILITY OF IMPROPERLY DISCUSSING BUSINESS OF THE BODY OUTSIDE OF A PUBLIC MEETING. SO, DON'T TALK ABOUT ETHICS COMMISSION ITEMS AT RALPH'S. UM, KEEP DISCUSSIONS AND LIBERATIONS WITHIN THE, THE MEETING OF, OF THIS COMMISSION. UH, THIS IS IMPORTANT TO PROTECT THE DUE PROCESS RIGHTS OF PARTIES APPEARING IN FRONT OF THE COMMISSION AS WELL AS THE PUBLIC. UM, IF THE PUBLIC PERCEIVES THAT YOU HAVE ENGAGED IN ANY WRONGDOING OR MISCONDUCT, IT CAN CALL INTO QUESTION YOUR ABILITY TO CARRY OUT YOUR OFFICIAL RESPONSIBILITIES WITH FAIRNESS, IMPARTIALITY, OBJECTIVITY, AND INTEGRITY. SO THIS SLIDE DETAILS, UH, WHAT TYPES OF BODIES ARE SUBJECT TO THE BROWN ACT. UH, IT INCLUDES LEGISLATIVE BODIES, UH, WITHIN LEGISLATIVE BODIES. UM, THERE ARE GOVERNING BODIES THAT IS YOUR CITY COUNCIL, YOUR BOARD OF SUPERVISORS OF A COUNTY, YOUR BOARD OF DIRECTORS OF A WATER DISTRICT, ET CETERA. IT ALSO INCLUDES ANY BODIES CREATED BY THE GOVERNING BODY. UM, SO ANY STANDING COMMITTEES OF CITY COUNCIL, UM, SUCH AS THE GOVERNMENT AND OPERATIONS AND EFFICIENCY, UH, COMMITTEE, THAT IS A MEETING THAT IS A, A BODY UNDER THE BROWN ACT. IT ALSO INCLUDES, UM, COMMISSIONS, COMMITTEES, BOARDS CREATED BY CHARTER ORDINANCE RESOLUTION, UM, OR OTHER FORMAL ACTION BY A LEGISLATIVE BODY. IT ALL, UH, BODIES ARE ENTITIES THAT RECEIVE FUNDS FROM THE CITY AND THEIR GOVERNING BODY, UM, THAT INCLUDES A COUNCIL MEMBER ARE ALSO SUBJECT TO THE BROWN ACT. AND, UH, TEMPORARY AD HOC COMMITTEES MADE UP SOLELY OF COMMISSIONERS IN CONSTITUTING LESS THAN A QUORUM OF ITS MEMBERS ARE NOT SUBJECT TO THE BROWN ACT. UM, OF COURSE, THIS IS WHY WE HAVE AD HOC COMMITTEES, UH, FOR EFFICIENCY REASONS. SO WE CAN DO SOME OF THE BUSINESS OF THIS COMMISSION WITHOUT BEING SUBJECT TO THE BROWN ACT THAT IS PERMISSIBLE AND THE BROWN ACT, UM, TO HAVE A TEMPORARY, UM, AD HOC COMMITTEE MADE UP OF LESS THAN A QUORUM. SO SERIAL COMMUNICATIONS UNDER THE BROWN ACT ARE PROHIBITED. AND WHAT DOES THAT MEAN? THAT MEANS MEMBERS OF A LEGISLATIVE BODY ARE PROHIBITED FROM OUTSIDE OF A MEETING, OF USING A SERIES OF COMMUNICATIONS OF ANY KIND, DIRECTLY THROUGH INTERMEDIARIES OR NOT, OR DIRECTLY TO DISCUSS DELIBERATE, DELIBERATE OR TAKE ACTION ON AN ITEM OF BUSINESS THAT IS WITHIN THE SUBJECT MATTER JURISDICTION OF THE LEGISLATIVE BODY. THAT IS A SERIAL MEETING OR SERIAL COMMUNICATION. THE PROBLEM WITH SERIAL MEETINGS IS THE PROCESS, RIGHT? IT DERIVES THE PUBLIC OF THE OPPORTUNITY TO, UH, MEANINGFULLY OBSERVE THE COMMISSION OR LEGISLATIVE BODY, UM, AND ITS DECISION MAKING ON THIS SLIDE. THERE, THERE ARE SEVERAL TYPES OF SERIAL COMMUNICATIONS. YOU HAVE A HUB AND SPOKE, UH, DAISY CHAIN, UH, COMMUNICATION BY REPRESENTATIVE AND [01:05:01] COMMUNICATIONS VIA, UH, SOCIAL MEDIA, EMAILS, TEXTS, ET CETERA. AND I'LL GO THROUGH EXAMPLES OF EACH OF THESE, UM, COMMUNICATIONS IN THE FOLLOWING SLIDES. FIRST, YOU HAVE A HUB AND SPOKE COMMUNICATION. THIS IS WHERE ONE MEMBER CONTACTS ALL OR A MAJORITY OF OTHER OTHER MEMBERS. SO IN THIS EXAMPLE, THE, UH, MEMBER CONTACTS ALL OTHER MEMBERS ON THEIR BODY TO ENSURE THEY VOTE YES ON, UH, ON AN ITEM THAT IS UNLAWFUL DELIBERATION SHOULD BE, SHOULD HAPPEN IN OPEN SESSION, IN AN OPEN IN PUBLIC MEETING. UM, AND IN THIS EXAMPLE, LET'S SAY THERE IT'S A FIVE MEMBER, UM, BODY, UH, THE CHAIR, LET'S SAY THE CHAIR EMAILS THREE MEMBERS. THAT IS TO SUPPORT THEIR ITEM. THAT IS A UNLAWFUL SERIAL COMMUNICATION. IT INVOLVES A MAJORITY OF THAT FIVE BODY COMMISSION. THE NEXT TYPE OF PROHIBITED COMMUNICATION IS A DAISY CHAIN. UM, IN THIS EXAMPLE, MEMBER BLUE, AGAIN, WE ARE, WE'RE STICKING WITH OUR FIVE MEMBER, UM, BODY MEMBER, BLUE CONTACTS MEMBER, GREEN MEMBER, GREEN CONTACTS MEMBER ORANGE MEMBER ORANGE CONTACTS MEMBER PINK. SO IN THIS EXAMPLE, WE HAVE A WHOLE RAINBOW OF MEMBERS CONTACTING EACH OTHER, WHICH ADDS UP TO FOUR MEMBERS, WHICH IS OF COURSE, A MAJORITY MORE THAN MAJORITY OF THE BODY. UH, BE AWARE THAT DAISY CHAIN COMMUNICATIONS CAN HAPPEN, UM, QUITE OFTEN VIA EMAIL. SO THAT IS WHY WHEN YOU GET EMAILS FROM STAFF, YOU'RE BLIND COPIED. THAT IS TO PREVENT A REPLY ALL TO ALL THE MEMBERS OF THE COMMISSION. SO WE DON'T, UM, HAVE A DAISY CHAIN OR SERIAL COMMUNICATION. THAT'S ALSO WHY YOU SHOULDN'T FORWARD EMAILS FROM EACH OTHER TO ANOTHER MEMBER OF THE, OF THE COMMISSION, BECAUSE THAT CAN RESULT IN A SERIAL CHAIN, UH, SERIAL COMMUNICATION THAT IS, UH, UNLAWFUL. SO ANOTHER TYPE OF PROHIBITED COMMUNICATION IS BY REPRESENTATIVE. UH, SO IN THIS EXAMPLE, MEMBER GREEN'S PARTNER VOLUNTEERS AT SEVERAL NONPROFITS WHERE OTHER MEMBERS, VOLUNTEER GREEN'S PARTNER ENDS UP ASKING MORE THAN MAJORITY OF THE BODY IF THEY SUPPORT THE ITEM AS WELL. SO BY A SERIAL CONTACT BY REPRESENTATIVE CAN OCCUR WHEN THE MEMBER'S, REPRESENTATIVE, AGENT, OR INTERMEDIARY DIRECTLY OR INDIRECTLY COMMUNICATES WITH A MAJORITY OF OTHER MEMBERS. UM, THIS IS ALSO A HUB AND SPOKE, UH, TYPE OF COMMUNICATION. SO AS I I ALLUDED TO EARLIER, WE HAVE TO BE REALLY CAREFUL ABOUT COMMUNICATIONS VIA EMAIL, TEXT, OR SOCIAL MEDIA. UH, THE BROWN ACT DOES ALLOW, UH, MEMBERS TO COMMUN TO USE SOCIAL MEDIA. THEY CAN USE SOCIAL MEDIA TO COMMUNICATE WITH MEMBERS OF THE PUBLIC. OF COURSE, THAT'S ONE OF THEIR DUTIES. IT'S IMPORTANT TO DO THAT. HOWEVER, IF THERE'S A, UM, IN THIS EXAMPLE, MEMBER BLUE POSTS ON SOCIAL MEDIA ABOUT AN ISSUE, MEMBER GREEN LIKES IT, MEMBER ORANGE SHARES THAT THAT POST, UH, MEMBER PINK COMMENTS ON THAT POST MEMBER AQUA RETWEETS, THAT POST, UM, THAT'S WHERE YOU CAN GET IN TROUBLE IN TERMS OF A UNLAWFUL COMMUNICATION BECAUSE THE MAJORITY OF THIS BODY IS COMMUNICATING THROUGH SOCIAL MEDIA ON AN ITEM WITHIN THE SUBJECT MATTER JURISDICTION OF THE COMMISSION OR THE, THE BODY. UM, THE, AND IT'S NOT, UH, NOTICED AND AGENDA IS THEREFORE IT'S A PROHIBITED COMMUNICATION, UH, UNDER THE BROWN ACT. SO WHAT TYPES OF COMMUNICATIONS ARE ALLOWED? UM, AS I MENTIONED, UM, AS A COMMISSION, YOU ARE, UH, YOU CAN SPEAK WITH CONS, CONSTITUENTS, INTERESTS, UH, GROUPS INTERESTED IN THE WORK IN OF THE COMMISSION. YOU CAN HAVE INDIVIDUAL CONTACTS BETWEEN, UM, ONE MEMBER AND ANOTHER MEMBER. UM, AGAIN, LESS THAN THE MAJORITY OF THE COMMISSION CAN SPEAK WITH EACH OTHER WITHOUT VIOLATING THE BROWN ACT. YOU CAN ALSO, OBVIOUSLY, WE ALSO, YOU ALSO TALK THE STAFF INDIVIDUALLY ABOUT ISSUES WITHIN THE ETHICS COMMISSION THAT IS, UM, PERMISSIBLE. SO WHAT TYPES OF COMMUNICATIONS ARE ALLOWED? SO UNDER THE BROWN ACT, THERE, THERE ARE EXCEPTIONS TO THE DEFINITION OF MEANING, AND THAT IS VERY NARROWLY CONSTRUED. UM, THE, THE DEFAULT IS OPEN AND PUBLIC, IF THERE'S AN EXCEPTION. IT'S A VERY FACT INTENSIVE INQUIRY IN TERMS OF WHETHER THAT EXCEPTION APPLIES. BUT, UM, THERE ARE A FEW. SO IF YOU, IF YOU ATTEND A DOG'S BIRTHDAY PARTY, UM, AND THE MAJORITY OF THE COMMISSION ATTENDS, THAT IS ALLOWED. HOWEVER, YOU CANNOT DISCUSS ITEMS WITHIN, UM, THE SUBJECT MATTER AREA OF THE COMMISSION. UM, YOU CAN ALSO ATTEND OPEN MEETINGS OF ANOTHER BODY, UM, LOCAL PUBLIC MEETINGS AND CONFERENCES THAT ARE OPEN TO THE PUBLIC. THERE'S A CONFERENCE THAT [01:10:01] REQUIRES TICKET ADMISSION THAT IS, AND THAT IS NOT ALLOWED, UM, THAT WOULD NOT FALL UNDER THE EXCEPTION OF THE BROWN ACT. AND, AND MY PHILOSOPHY PERSONALLY IS THERE, THERE IS ALWAYS A RISK OF A, OF A BROWN ACT VIOLATION WHENEVER A MAJORITY OF A COMMISSION OR A LEGISLATIVE BODY IS CONGREGATED IN ONE PLACE. UH, JUST SO JUST BE AWARE, UH, BE AWARE OF THAT BECAUSE AGAIN, THE, THE COURTS AND THE ATTORNEY GENERAL CONSTRUED EXCEPTIONS NARROWLY. UH, SO AS I MENTIONED EARLIER, THERE ARE AGENDA POSTING REQUIREMENTS FOR MEETINGS. UH, FOR REGULAR MEETINGS, AGENDAS MUST BE POSTED 72 HOURS IN ADVANCE. SPECIAL MEETINGS ONLY REQUIRE 24 HOUR POSTING, UM, BEFORE THE MEETING. THE BROWN ACT ALSO REQUIRES CERTAIN ITEMS AND AN AGENDA, INCLUDING A BRIEF GENERAL DESCRIPTION OF THE ITEM, UM, THE DATE, TIME, AND LOCATION OF THE MEETING. UH, THE AGENDA MUST INFORM THE PUBLIC OF THE SCOPE OF THE BODY'S INTENDED PLAN SO THE PUBLIC HAS NOTICE AND CAN DECIDE ON WHETHER TO PARTICIPATE. UM, AND THE AGENDA MUST BE POSTED IN A LOCATION FREELY ACCESSIBLE TO THE PUBLIC. UH, POSTING ON THE INTERNET ON A CITY'S INTERNET PAGE IS, UM, DEEMED ACCEPTABLE FOR THIS REQUIREMENT. SO MEANINGS CAN ONLY BE HELD WITHIN THE BOUNDARIES OF THE CITY UNLESS SOME SPECIAL EXEMPTION APPLIES. AND MEANINGS MUST ALSO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. THE PUBLIC HAS SEVERAL RIGHTS ASSOCIATED WITH THE BROWN ACT. UM, THEY HAVE A RIGHT TO COMMENT ON ANY MATTERS WITHIN THE AGENDA. THEY CAN RECORD, UM, VIA VIDEO OR AUDIO, OR TAKE PHOTOGRAPHS AND MEETINGS. UM, THEY HAVE THE RIGHT TO REVIEW AGENDAS OR OTHER WRITINGS DISTRIBUTED TO THE MAJORITY OF THE BODY. UH, THE, THE PUBLIC CAN ATTEND WITHOUT IDENTIFYING THEMSELVES. UM, IT IS NOT A REQUIREMENT THAT THEY, UM, TELL US THEIR NAME, UM, TO ATTEND THE MEETING. AND ALL VOTES MUST BE CAST IN PUBLIC, UM, EXCEPT VOTES ALLOWED IN CLOSED SESSION. CLOSED SESSION, UH, PROVIDES FOR LIMITED EXCEPTIONS TO THE OPEN MEETING REQUIREMENT UNDER THE BROWN ACT. UH, THIS IS MORE OF A, UH, ROBERT'S RULES OF ORDER SLIDE, BUT THE CHAIR HAS A VERY IMPORTANT ROLE IN, IN TERMS OF CONDUCTING AN ORDERLY MEETING. UM, THE CHAIR, UH, INTRODUCES BUSINESS. IT REC, THEY RECOGNIZE SPEAKERS, BOTH THE COMMISSIONERS AND THE PUBLIC. UM, THE CHAIR DETERMINES IF A MOTION IS IN ORDER AND THEY KEEP THE DISCUSSION MOVING AND FOCUSED ON AN AGENDA ITEM. THEY ALSO ENFORCE TIME LIMITS FAIRLY AND NEUTRALLY ON PUBLIC SPEAKERS. A BODY HAS A RIGHT TO, UM, UM, APPLY TIME, PLACE, AND MANNER, TIME, PLACE AND MANNER RESTRICTIONS ON PUBLIC COMMENT. AND WHAT THAT MEANS IS THAT UH, WE COULD IMPOSE TIME LIMITS ON PUBLIC SPEAKING AS LONG AS THEY'RE APPLIED NEUTRALLY. UH, WE CANNOT APPLY TIME RESTRICTIONS BASED ON THE CONTENT OF THE, OF THE PUBLIC COMMENT. UH, AND THE CHAIR ALSO PUTS MOTIONS TO A VOTE AND ANNOUNCES, UM, CAN ANNOUNCE THE RESULTS. SO THERE ARE BOTH CIVIL AND CRIMINAL PENALTIES WHEN IT COMES TO VIOLATIONS OF THE BROWN ACT. UM, ANY INTERESTED PARTY, INCLUDING THE DISTRICT ATTORNEY, CAN BRING A CIVIL LAWSUIT TO INVALIDATE ACTIONS OF A BODY THAT ALLEGEDLY VIOLATED THE BROWN ACT, UM, AND TO ALSO PREVENT FUTURE VIOLATIONS OF THE BROWN ACT. IF A, IF THE SUCCESSFUL PARTY, UM, IF A COURT FINDS A BROWN ACT VIOLATION, THE SUCCESSFUL PARTY CAN BE AWARDED ATTORNEY'S FEES. UM, A VIOLATION OF THE BROWN ACT IS A, IS ALSO A MISDEMEANOR. THERE HAS TO BE THE INTENT TO DEPRIVE THE PUBLIC OF INFORMATION THAT THE MEMBER KNOWS OR HAS REASON TO KNOW THE PUBLIC IS ENTITLED TO. SO THIS, THIS IS JUST SOME BROWN ACT DOS AND DON'TS. UM, DON'T TAKE ACTION OR DISCUSS AN ITEM THAT IS NOT WITHIN THE AGENDA. DON'T VOTE OUTSIDE THE PUBLIC'S VIEW UNLESS A CLOSED SESSION EXCEPTION APPLIES. DON'T DISCUSS MATTERS OF THE COMMISSION AMONG YOURSELVES AT PUBLIC EVENTS OR MEETINGS. UM, AND DON'T PULL OR DISCUSS ISSUES WITH COMMISSIONERS TO COME TO A DECISION OUTSIDE OF THE, THE OPEN MEETING. SOME BROWN ACT DUES. DO ENSURE YOUR ACTIONS COMPLY WITH THE BROWN ACT. UM, ENSURE THAT YOUR ACTIONS PROTECT THE PARTY'S, UH, RIGHT TO DUE PROCESS. UM, DO CARRY OUT YOUR OFFICIAL RESPONSIBILITIES WITH FAIRNESS, IMPARTIALITY, OBJECTIVITY AND INTEGRITY. DO YOU PROTECT THE PUBLIC'S RIGHTS AND THE BROWN ACT? UM, ENGAGE IN ALL DISCUSSIONS ABOUT MATTERS WITHIN THE SUBJECT MATTER AREA OF THE COMMISSION. UM, DO RECUSE YOURSELF WHEN YOU HAVE A CONFLICT OF INTEREST ON ANY, UH, AGENDA ITEM THAT'S BEFORE THE COMMISSION. UM, AND PLEASE DO ASK ME QUESTIONS IF YOU NEED HELP UNDERSTANDING THE RULES UNDER THE BROWN ACT. AND THAT [01:15:01] CONCLUDES MY PRESENTATION, AND I'M HAPPY TO TAKE ANY QUESTIONS, ANY QUESTIONS FROM THE COMMISSION. UH, COMMISSIONER GILL. UH, THANK YOU VERY MUCH FOR THE PRESENTATION. I REALLY APPRECIATE IT. I, QUICK QUESTION IF WE OURSELVES THOUGHT WE MIGHT HAVE VIOLATED THE BROWN ACT, OR IF WE SEE A VIOLATION, DO WE REPORT THAT TO YOU? YES. UM, THE ENFORCEMENT MECHANISM IS VIA CIVIL LAWSUIT, BUT IF, IF YOU REPORT IT TO ME, I WILL OF COURSE FOLLOW UP AND, UH, THERE MIGHT BE ADDITIONAL TRAINING THAT MIGHT BE NEEDED TO THAT PARTICULAR PERSON. OKAY. THANKS. ANY OTHER QUESTIONS FROM THE COMMISSION? IS THERE ANY PUBLIC COMMENT ON THIS ITEM? SEEING NONE. LET'S MOVE TO A VOTE. COMMISSIONER GILLETTE, ARE WE HAVING TECHNICAL ISSUES? OH, THERE, THERE WE GO. THANK YOU. THANK YOU. UH, MOTION CARRIES. [4. 26-54452 Recommendation to receive and discuss possible changes to the Ethics Commission’s draft annual report.       Suggested Action: Approve recommendation. ] AGENDA ITEM NUMBER FOUR, RECOMMENDATION TO RECEIVE AND DISCUSS POSSIBLE CHANGES TO THE ETHICS COMMISSION'S DRAFT ANNUAL REPORT. I HAVE A MOTION FROM VICE CHAIR COLEMAN, SECONDED BY COMMISSIONER EATON. UH, THE REPORT WAS CIRCULATED YESTERDAY, I THINK. UH, HOPEFULLY EVERYONE RECEIVED IT. AND, UH, WE DO WANNA FINALIZE IT IN THE NEXT WEEK OR SO. IF THERE'S ANY INPUT, I'D APPRECIATE IT. THE REPORT WENT OUT FRIDAY WITH THE AGENDA. UH OH, IT'S IN THE AGENDA. YOU'RE RIGHT. OKAY. I THINK I RECEIVED ANOTHER COP. OH, OKAY. CHAIR. I ALREADY SUBMITTED SOME MINOR EDITS AND, UM, SOME SUGGESTIONS OF, UH, FOR BROADER REVIEW. UM, THEY WERE DISSEMINATED YESTERDAY. OH, SO WHAT WAS UPDATED VERSION CIRCULATED. GOT IT. YES. OKAY, SO THEY'RE ON THE RECORD NOW. PLEASE REVIEW AT YOUR CONVENIENCE. GOT IT. OKAY. UM, ARE THEY, I'M LOOKING AT WHAT WAS CIRCULATED YESTERDAY. SO ARE YOUR COMMENTS IN RED OR AT THE END? IT'S BEHIND THE REPORT. I'M SORRY. IT'S BEHIND YOUR DRAFT REPORT. AH, I'M SORRY. THAT'S OKAY. I MISSED THAT. I SAW THAT IT WAS THE ANNUAL REPORT. I WILL TAKE A LOOK AT THAT. SO THAT WAS PROVIDED CONSISTENT WITH THE BROWN ACT TO, OKAY. ALRIGHT. I'LL GO THROUGH THEM. THANK YOU. I DON'T WANNA DO IT WHILE EVERYBODY'S NO, OF COURSE. WAITING. BUT I APPRECIATE THAT. AND FROM WHAT I'M SEEING, YOU'VE GOT SOME TYPOS AND PLUS SOME GOOD, GOOD SUGGESTIONS FOR STRONGER LANGUAGE. IS THERE ANY OTHER INPUT FROM OTHER MEMBERS OF THE COMMISSION? OKAY. DO WE HAVE ANY MEMBERS OF THE PUBLIC WHO WANT TO COMMENT ON THIS AGENDA ITEM? LET'S MOVE TO A VOTE. MOTION CARRIES [5. 26-54453 Recommendation to receive and file monthly update from the Ad Hoc Committee on Social Media and Campaign Activity.       Suggested Action: Approve recommendation. ] AGENDA. ITEM NUMBER FIVE, RECOMMENDATION TO RECEIVE AND FILE MONTHLY UPDATE FROM THE AD HOC COMMITTEE ON SOCIAL MEDIA AND CAMPAIGN ACTIVITY. WE HAVE A MOTION FROM COMMISSIONER GILL, SECONDED BY COMMISSIONER DE BENEDICTUS, AND I BELIEVE COMMISSIONER GILL, YOU'RE GOING TO GIVE THE REPORT. CERTAINLY. THANK YOU. UM, SO WE HAD A MEETING ON MARCH 4TH WITH OUR ATTORNEY AND [01:20:01] DISCUSSED, UH, ADDITIONAL, UH, INFORMATION ABOUT HOW WE CAN MOVE FORWARD AND WHAT WE SHOULD BE MOVING FORWARD WITH. UH, WE TALKED ABOUT SOME OF THE, UM, ITEMS THAT CAME UP FOR DISCUSSION FROM COUNCIL MEMBER. WE ALSO TALKED ABOUT THE NEED TO MAKE SURE THAT WE USED VERY UNAMBIGUOUS LANGUAGE IN ANY CHANGES WE SUGGEST. AND THAT, UH, WE TALKED ABOUT WHETHER THIS WOULD BE A CITY MANAGER POLICY OR WOULD BE CITY COUNCIL, AND CHANGES THAT WE WOULD MAKE, THAT WOULD BE THROUGH THE CITY. UH, MANAGER'S POLICY WOULD BE MUNICIPAL CODE AND IF WE HAD CHANGES THAT WERE JUST FOR CITY COUNCIL THAT THEY THEMSELVES COULD ADOPT. UM, AND THEN, UH, WE TALKED ABOUT A, A TIMELINE AND WE HAD A SLIGHT DISCUSSION ABOUT, UH, STATE AB 1637, NOT PARTICULARLY APPLYING, AND THAT'S WHAT MY NOTES SHOW. OKAY. DO YOU WANNA ADD TO THAT ? UM, NO. SO AS A REMINDER, THIS, UM, IS, UH, UH, AS THE MORE THAT I THINK ABOUT OUR, MAYBE OUR AD HOC NAME , IT'S ABOUT SOCIAL MEDIA POLICIES. UM, BUT IT'S ALSO ABOUT THE TRANSITION OF, UH, SOME OF THESE ACCOUNTS. UM, SO, YOU KNOW, IT MIGHT BE TOO LATE TO CHANGE THE AD HOC NAME. UM, BUT JUST AS A REMINDER FOR THE REST OF THE COMMISSION WHO WE'RE REALLY TALKING ABOUT IS, UM, THE TRANSITION OF CERTAIN ACCOUNTS, UM, AFTER, UM, UH, BY HELD BY, UH, ELECTED OFFICES, UM, AT THE CONCLUSION OF ELECTION CYCLE, IF THERE IS A NEW, UM, ELECTED OFFICIAL, UM, AS WELL AS SOME OTHER, UM, ITEMS I THOUGHT OTHERWISE. UM, COMMISSIONER GILL DID A GOOD JOB OF KIND OF GOING THROUGH WHAT OUR, OUR MEETING WAS. I THINK THAT WE WILL, UM, BY NEXT MEETING HAVE A SUMMARY AND PROVIDE IT TO THE COMMISSION OF SOME OF OUR IDEAS, UM, AND PERHAPS A RECOMMENDATION OUT TO THE, TO THE FULL COMMISSION. THANK YOU. UM, ANY INPUT FROM THE COMMISSION? IS THERE ANY PUBLIC COMMENT ON THIS ITEM? MOVE TO A VOTE. MOTION CARRIES [6. 26-54454 Recommendation to receive and file monthly update from the Ad Hoc Committee on Policy Reviews and if necessary, receive feedback from commissioners regarding previous recommendations for Administrative Regulations 8-2 and 32-1.       Suggested Action: Approve recommendation. ] AGENDA. ITEM NUMBER SIX, RECOMMENDATION TO RECEIVE AND FILE A MONTHLY UPDATE FROM THE AD HOC COMMITTEE ON POLICY REVIEWS. AND IF NECESSARY, RECEIVE FEEDBACK FROM COMMISSIONERS REGARDING PREVIOUS RECOMMENDATIONS FOR ADMINISTRATIVE REGULATIONS EIGHT DASH TWO AND 32 DASH ONE. AND LET, UH, WE HAVE A MOTION FROM VICE CHAIR COLEMAN, SECONDED BY COMMISSIONER DE BENEDICTUS. AND, AND LET ME JUST NOTE, UM, THIS WAS ON OUR AGENDA DURING OUR LAST MEETING. THE DISTRIBUTION HAD BEEN, UH, TO CERTAIN MEMBERS OF THE COMMISSION HAD BEEN LATE. WE WERE GOING TO SUBMIT COMMENTS THROUGH WHAT'S PROBABLY A DAISY CHAIN, UH, PER, UM, MY REQUEST. AND, UH, OUR CITY COUNCIL, UH, UM, CITY, OR SORRY, OUR CITY ATTORNEY, MADE SURE THAT WE DIDN'T VIOLATE THE BROWN ACT. AND SO WE ARE PROVIDING OUR COMMENTS DIRECTLY TO THE AD HOC IN A PUBLIC MEETING. UM, AND THAT'S WHY WE'RE, UH, SEEING THIS ON THE AGENDA AGAIN. YEAH. THANK YOU CHAIR. UM, IF I RECALL THAT THAT WAS, I, I BELIEVE YOUR DIRECTIVE, AND I, I, IT'S ALSO MY UNDERSTANDING THAT THERE WAS A MISUNDERSTANDING ABOUT IT ALL. BUT JUST AS A BRIEF RECAP, IF, IF, UH, MY COLLEAGUES REMEMBER, UM, THE AD HOC SHARED SOME PRELIMINARY THOUGHTS AND CIRCULATED, UH, WRITTEN FEEDBACK, UH, ONE THAT WAS REDLINED AND ONE IN A TABLE FORMAT, UH, REGARDING BOTH, UM, ARS, UM, THAT FEEDBACK WAS PROVIDED TO THE FULL COMMISSION FOR THEIR REVIEW. UM, AND YEAH, UNFORTUNATELY THE AD HOC HAS NOT RECEIVED ANY ADDITIONAL COMMENTS. SO, UM, THIS IS AN OPPORTUNITY, UH, TO HEAR ANY FEEDBACK OR SUGGESTIONS THAT, UH, COMMISSION MAY HAVE AFTER REVIEWING THE MATERIALS THAT WERE DISSEMINATED. AND, UH, COM VICE CHAIR COLEMAN, MY FIRST, UM, [01:25:01] I KIND OF GO POINT BY POINT. UM, I, UH, MY FIRST, THIS IS IN, UH, UH, REGARDING AR EIGHT DASH TWO. UM, MY FIRST QUESTION IS, UH, ROMAN NUMBER TWO, IT SAYS THIS REGULATION IS APPLICABLE TO ALL CITY DEPARTMENTS AND OFFICES. I JUST WANTED TO KNOW IF THERE WAS A, UH, A REASON, UM, THE TERM AND PUBLIC SERVANTS OR CITY OF DEPARTMENTS OFFICES AND PUBLIC SERVANTS, UM, WASN'T INCLUDED. WAS THERE A THOUGHT? IS A MINOR NET, BUT, UH, I THINK, UH, THIS DRAFT CONTEMPLATED THE FAIR ACT. OKAY. AND THAT'S THE NEW DEFINITIONS PROPOSED. OKAY. UNDERSTOOD. SURE. UM, THEN GOING TO SECTION FOUR POLICY, UM, UNDER THE FIRST HEADING OF GIFTS GENERAL, UM, HE, I WILL ASSUME THAT E THERE WILL BE, AS THIS GOES FORTH, UM, A REVIEW AND THAT THE COORDINATION WILL BE KIND OF LAID OUT FURTHER. RIGHT NOW, THERE SEEMS TO BE A RIGHT. OKAY. A PLACEHOLDER. UM, FOR F UM, THE, IS THIS GOING TO BE THE FPP C'S DEFINITION OF WHAT A GIFT OR GRATUITY SHOULDN'T BE GREATER THAN, I THINK THAT'S SIX 30. UM, OR IS THAT, ARE WE, OR MY, I GUESS MY QUESTION THERE IS, ARE WE CONTEMPLATING MAKING IT, MAKING IT A LOWER AMOUNT THAN CURRENTLY? WHAT IS THE FPPC? IF SO, THEN I HAVE A QUESTION. IF NOT, THEN I'M, YEAH. THE PREVIOUS, UM, DISCUSSION WAS TO BE MORE RESTRICTIVE THAN FPPC, UH, ACTUALLY THINKING ABOUT ZERO. UH, BUT, UM, I THINK THIS IS A GOOD TIME TO, I THINK THE FPPC UH, STANDARD WOULD BE OBVIOUSLY THE MINIMUM. AND, UH, IF ANYBODY HAS ANY THOUGHTS ABOUT BEING MORE RESTRICTIVE. SURE. I'VE, I'VE THOUGHT ABOUT IT A LITTLE BIT. UM, I DON'T KNOW IF I WOULD, YOU KNOW, JUST ONE PERSON ON THE DIOCESE, BUT I DON'T KNOW IF I WOULD AGREE WITH, UM, NECESSARILY MAKING IT MORE RESTRICTIVE. I THINK IF, YOU KNOW, LEADERS LEAD FROM KIND OF, I ALWAYS LOOK AT IT LIKE TOP, TOP DOWN. UM, AND I THINK HOLDING THE, THE MEMBERS OF THOSE OFFICES TO A HIGHER STANDARD WOULD TO MY, IN MY OPINION, BE UNFAIR. IF THERE WAS A CHANGE IN THAT, THEN I WOULD UNDERSTAND MAKING IT MORE RESTRICTIVE. UM, BUT I THINK THAT DOESN'T QUITE MAKE SENSE TO ME, ABLE, MAKING IT MORE RESTRICTIVE THAN PERHAPS WITH SOME OF THEIR BOSSES. YEAH, I AGREE. I THINK, UH, AND AS IT READS, IT WOULD BE ANYTHING GREATER THAN OKAY. THE MINIMUM. OKAY. SO THAT WOULD BE, I THINK THAT WOULD WORK. CHECK MY, OKAY. GOING TO THE GIFTS INVOLVING ELECTED OFFICIALS, OFFICERS, UM, OR OTHER REPRESENTATIVES, UM, THIS IS REGARDING B AND C. UM, B HAS THE ETHICS OFFICER REVIEWING ANY OF THESE GIFTS, UM, OFFERED TO STATE, LOCAL AND FEDERAL GOVERNMENT, UM, SHELBY DISCLOSED AND APPROVED BY THE ETHICS OFFICER. I GUESS MY FIRST QUESTION THERE IS, THERE'S A COUPLE OTHER TIMES WITH THE ETHICS OFFICER, AND I DEFINITELY THINK, UM, HEATHER OR, YOU KNOW, IN THE, IN MANY, MANY, MANY YEARS, UM, ANOTHER PERSON, UM, MIGHT BE THE RIGHT PERSON, BUT ALSO AT OUR CURRENT CAPACITY. I DO WONDER IF THIS IS PUTTING A LOT OF STRAIN ON THE OFFICE. AND SO MAYBE THIS IS A HEATHER QUESTION, OR WHETHER THE AD HOC PUT ANY CONSIDERATION INTO THE RESOURCES OF OUR, OF THE OFFICE, OF THE OET YEAH. AT THE TIME OF THE DRAFT, UH, HEATHER WAS CONSULTED AT THE TIME. OKAY. UH, SO, UM, I LET HEATHER, UM, ADVISE IF SHE'S GOT ANY, ANY CHANGE OF HEART ON THAT? NOT NECESSARILY. I MEAN, THE WAY I LOOK AT IT IS IT, IT'S GONNA BE A FULLY FLESHED RECOMMENDATION FROM THE COMMISSION TO CITY STAFF, AND THEN WE'LL GO THROUGH IT AS A TEAM, INCLUDING MY LEADERSHIP AND, AND DECIDE ULTIMATELY WHAT STAYS IN AND WHAT DOESN'T. SO I THINK IT'S A LONGER CONVERSATION WITH TYLER AND APRIL. OKAY. YEAH, THAT'S A GREAT REMINDER THAT, UM, UH, KEEPING IN MIND THESE ARE RECOMMENDATIONS. YES. OKAY. UM, I DID, FOLLOWING ALONG THAT SAME LINE, SAME, UH, SECTION, DID JUST WANT TO, UM, KIND OF UNDERSTAND THE [01:30:01] THOUGHT PROCESS OF, YOU KNOW, THE, UH, THE ETHICS OFFICER BEING IN CONSULTATION WITH ALL GIFTS AND THE STATE AND LOCAL GOVERNMENT. BUT THEN, UM, IF THERE'S A NON-US REPRESENTATIVE THAT ONLY BEING APPROVED BY THE CITY ATTORNEY'S OFFICE TO JUST, UH, MAYBE UNDERSTANDING THE REASONING THERE OF WHY THAT WOULD THEN, UM, NOT BE IN THE ETHICS OFFICER'S PURVIEW. I'M SORRY, I'M NOT, I'M NOT FOLLOWING. SURE. SO, B HAS, UM, THE, YOU KNOW, UM, ALL GIFTS BEING OFFERED HAS TO BE APPROVED BY THE ETHICS OFFICERS. THEN C HAS ALL GIFTS RECEIVED ARE APPROVED, UH, OFFERED, UM, UH, ONLY BEING DISCLOSED TO THE CITY ATTORNEY. THIS IS STILL, UH, SECTION FOUR GIFTS INVOLVING ELECTED OFFICIALS, OFFICERS, OR OTHER REPRESENTATIVES. RIGHT. SO, UM, THERE WAS, UH, WHAT MY RECOLLECTION IS IN THE CURRENT, UM, GUIDANCE IN THE GUIDE, THE GUIDEBOOK THAT WE HAVE, THERE REALLY ISN'T ANY CLEAR, UM, INSTRUCTION ON HOW TO GO ABOUT PRESENTING AN OFFERING MM-HMM . SO WE WANTED TO MAKE SURE THAT THERE WAS SOME KIND OF PROCEDURE THAT INCLUDES SOMEBODY OTHER THAN THEIR MANAGEMENT TEAM TO TAKE A LOOK AT WHAT IS GOING, UH, BEING, BEING OFFERED, UH, EXTERNALLY. AND THEN YOUR SECOND, UM, YOUR SECOND ONE, IS EVERYTHING RECEIVED OR OFFERED? YEAH, I'M JUST, I THINK IT'S MORE OF A QUESTION OF, RIGHT, WHAT WAS THE DECISION THERE OF NOT HAVING THE ETHICS OFFICER INVOLVED IF THE ETHICS OFFICER IS INVOLVED IN THE, UM, OTHER, UM, OFFERINGS? NO, GOOD. THAT IS A GOOD POINT. UM, I'M, I'D LIKE TO THINK THAT, UM, I DON'T KNOW IF THERE IS ANY KIND OF, UM, GOVERNMENT RELATIONS OR AFFAIRS KIND OF PERSON THAT, UH, LOOKS AT THAT, UH, HEATHER, ANY THOUGHT ON THAT? 'CAUSE I, OTHERWISE IT WOULD BE TO INCLUDE YOU, MY THOUGHTS. NO, I DON'T HAVE ANY THOUGHTS ON THAT. I DON'T EVEN RECALL THAT CONVERSATION. HONESTLY. I THINK JUST FOR MY RECOMMENDATION THERE IS FOR CONSISTENCY PURPOSES. OKAY. UM, THE INCLUSION OF THE ETHICS OFFICER, UM, THEN GOING TO GIFTS IN THE WORKPLACE, UM, UNDERSTAND THE SOLI, UH, THE IDEA BEHIND THE SOLICITATION OF GUESTS BY SUBORDINATES, UH, YOU KNOW, VERY OBVIOUSLY SHOULD NOT BE, UM, ENCOURAGED. THERE ARE TIMES, UM, AS I KIND OF WRESTLED WITH THIS, UH, PERHAPS THAT, UH, YOU KNOW, THERE ARE TIMES WHEN I THINK THERE'S OFFICE CULTURE EVENTS SUCH AS, YOU KNOW, FOR EXAMPLE, LIKE A WHITE ELEPHANT OR A, UM, BABY SHOWER EVENT THAT I KNOW ARE JUST, JUST STILL GOOD MOMENTS IN THE OFFICE. MM-HMM . UM, I DO WANNA MAKE SURE THAT, AND AGAIN, THIS WILL BE FLESHED OUT FURTHER. UM, I DO WANNA MAKE SURE THAT, UM, YOU KNOW, MANAGEMENT ARE, ARE PEOPLE AS WELL. UM, AND I DON'T WANT THEM, UM, LEFT OUT OF THOSE KIND FEEL GOOD MOMENTS THAT CAN HAPPEN IN AN OFFICE AND THAT DO PROMOTE, UM, KIND OF INTERACTION, BUT BETWEEN FOLKS IN AN OFFICE. UM, SO MAYBE, UM, THERE CAN BE SOME THOUGHTS ABOUT THAT. I, I DO AGREE THAT, YOU KNOW, ON A GENERAL LEVEL, UH, YOU KNOW, YOU, YOU DON'T WANT EVERY HOLIDAY SUBORDINATES, YOU KNOW, TRYING TO CURRY FAVOR THROUGH, UM, PROVIDING GIFTS TO A MANAGER. BUT AT THE SAME TIME, IF THERE IS A WHITE ELEPHANT WHERE NAMES GO IN KIND OF A HAT OR, UM, AGAIN, AN EXAMPLE LIKE A BABY SHOWER, PERHAPS, UM, IN THOSE INSTANCES, THERE CAN BE SOME FLEXIBILITY. OKAY. NOTED. UM, UM, MY LAST QUESTION, I'M SORRY, UM, THAT I'M TAKING UP A LOT OF TIME. D THE PR, UH, PROCEDURES FOR ACO, UH, UH, UPON RECEIPT OF GIFTS OR GRATUITIES, UM, DONATED TO CITY APPROVED ORGANIZATIONS, I JUST WANTED TO KNOW, UM, AND THIS MIGHT BE AN UNFAIR QUESTION, IF WE KNOW THERE IS A METHOD FOR GETTING CERTAIN, UM, CHARITABLE ORGANIZATIONS APPROVED IN THE CITY CURRENTLY, UM, A THOUGHT THAT I, YOU KNOW, HAD IS, UM, THERE MIGHT BE SOME ORGANIZATIONS THAT AREN'T ON THAT APPROVAL LIST THAT ARE FANTASTIC ORGANIZATIONS AND DOING GREAT WORK, AND WE DON'T NECESSARILY WANT, UH, THOSE ORGANIZATIONS NOT TO BE ABLE TO RECEIVE FUNDS, UM, THAT [01:35:01] WOULD OTHERWISE GO TO THE GREAT, YOU KNOW, UH, CAUSES THERE GOING TOWARDS. YEAH. YEAH. WE AGREE. UH, AT THE TIME THAT THIS WAS DRAFTED, UH, THERE WAS A KIND OF A LACK OF CLARITY AROUND THE ONES THAT ARE CITY APPROVED. AND, UH, I THINK THAT, THAT WE WOULD, WE WANT TO ENCOURAGE STAFF TO LOOK AT EITHER THOSE THAT ARE, UM, APPROVED ANNUALLY OR SOMETHING THAT THE, SO THE LIST IS NOT ALWAYS DYNAMIC EITHER, BUT THAT THOSE THAT ARE KIND OF PREFERRED FOR THE, THE CURRENT YEAR OR THAT THOSE ARE NAMED AND IDENTIFIED SO PEOPLE KNOW WHERE THEY'RE GOING. OKAY. I AGREE. I HAVE NO OTHER, UH, QUESTIONS AND THANK YOU FOR CONSIDERING MY RECOMMENDATIONS. YEAH, THANKS COMMISSIONER EATON, THANK YOU FOR ALL THE WORK THAT CLEARLY WENT INTO THIS. I, UM, JUST HAD SOME QUESTIONS ABOUT, UH, WANTED TO UNDERSTAND, UM, THE DIFFERENCE BETWEEN OFFERING AND SOLICITING AND SORT OF WHAT THE THINKING WAS ON THE USE OF THOSE PARTICULAR TERMS, BECAUSE IT SEEMS KIND OF INTERNALLY AND CONSISTENT, AND I JUST WANTED TO MAKE SURE WE GOT SOME CLARITY THERE. ALRIGHT, WELL, IT SOUNDS LIKE I NEED TO LOOK FOR THE, FOR THE CONSISTENCY, UH, BUT, UM, I THINK, UH, EVERYBODY'S ACUTELY AWARE WE DON'T WANT EMPLOYEES TO BE SOLICITING AND APPARENTLY, UH, THAT HA HAS BEEN A PROBLEM FROM TIME TO TIME. UM, ARE THERE PARTICULAR AREAS THAT YOU, YOU NOTICE WHERE MY PREFERRED TERM WOULD'VE BEEN SOLICITING? I JUST WASN'T CERTAIN ABOUT THE USE OF OFFERING AND WHETHER THAT WAS, WHETHER SOMETHING DIFFERENT FROM SOLICITATION WAS INTENDED. LET ME THINK ABOUT THAT. UH, BUT I, I, I AGREE WITH YOU. MAKES SENSE. IS THERE ANY OTHER INPUT FROM THE COMMISSIONERS? IS THERE ANY PUBLIC COMMENT ON THIS ITEM? CAN WE, SEEING NO PUBLIC COMMENT, CAN WE MOVE TO A VOTE? COMMISSIONER DI BENEDICTUS? I'M SORRY. DID YOU VOTE? DID YOU VOTE? I'M SORRY. MOTION CARRIES [7. 26-54456 Recommendation to discuss anticipated Ad Hoc Committees for upcoming projects; and, if appropriate, take action to dissolve, create or reauthorize Ad Hoc Committees.       Suggested Action: Approve recommendation. ] RECOMMENDATION, UH, AGENDA ITEM NUMBER SEVEN, RECOMMENDATION TO DISCUSS ANTICIPATED AD HOC COMMITTEES FOR UPCOMING PROJECTS. AND IF APPROPRIATE, TAKE ACTION TO DISSOLVE, CREATE OR REAUTHORIZE AD HOC COMMITTEES. WE HAVE A MOTION FROM COMMISSIONER EATON, SECONDED BY COMMISSIONER DE BENEDICTUS. IS THERE ANYONE ON THE COMMISSION HAVE ANY INPUT ON THIS ITEM? IS THERE ANY PUBLIC COMMENT ON THIS ITEM? IT'S MOVE TO A VOTE. MOTION CARRIES [8. 26-54457 Recommendation to receive and file a monthly update from the Ethics Officer.       Suggested Action: Approve recommendation. ] AGENDA. ITEM NUMBER EIGHT, RECOMMENDATION TO RECEIVE AND FILE A MONTHLY UPDATE FROM THE ETHICS OFFICE. WE HAVE A MOTION FROM COMMISSIONER GILL, SECONDED BY COMMISSIONER GILLETTE. HEATHER, THANK YOU CHAIR. UM, I'M SURE YOU'LL TALK ABOUT THIS TOO IN A FEW MINUTES, BUT I JUST WANTED TO SHARE WITH THE COMMISSION THAT THE GOVERNMENT OPERATIONS AND EFFICIENCY COMMITTEE DID INDEED MEET YESTERDAY AND, UM, WENT OVER THE FAIR ACT AND SPENT MOST OF OUR TIME ON THE LOBBYIST RECOMMENDATIONS. UM, SOUNDS LIKE WE MAY BE GOING BACK IN APRIL. UM, IN THE MEANTIME, THE COUNCIL DID GIVE US SEVERAL QUESTIONS TO TAKE DEEPER DIVES INTO. UM, SO IT'S AN ONGOING PROCESS. I ALSO WANTED TO SHARE THAT I DID MEET WITH BRYCE, UM, OUR DIRECTOR OF HR HAD A REALLY GOOD CONVERSATION AND HE'S HOPING TO HAVE ADDITIONAL FEEDBACK ON YOUR INVESTIGATION'S, PROTOCOL PROTOCOL BY THE END OF MARCH. HE IS, UM, ACTING IN TWO ROLES RIGHT NOW, SO HE, HIS NUMBER TWO, HE'S LOOKING TO HIRE. SO HE DOESN'T HAVE A NUMBER TWO RIGHT NOW, SO HE'S DOING BOTH JOBS, WHICH HE ACTUALLY LIKES, HE SAID, BECAUSE HE'S ABLE TO LEARN OTHER ASPECTS OF THE DEPARTMENT. WE ARE ACTIVELY IN THE MIDDLE OF AN INTERN RECRUITMENT. UH, WE'LL BE SCHEDULING INTERVIEWS [01:40:01] BEFORE THE END OF THE WEEK AND THEN, UM, MEETING, HAVING THE INTERVIEWS NEXT WEEK. AND THIS IS BEING DONE, UH, THROUGH WORKFORCE DEVELOPMENT, UM, WHO'S UNDER ECONOMIC DEVELOPMENT. AND THEN WE'RE ALSO WORKING WITH PARTNERS OVER AT C-S-U-L-B AND LBCC. UM, SO, AND THAT'S FOR A SIX MONTH ASSIGNMENT. I'M SORRY, THE INTERN. I DIDN'T HEAR THE REST OF THE QUESTION. IT'S FOR A SIX MONTH ASSIGNMENT OR IT'S 400 HOURS. 400 HOURS. OKAY. SO WE'RE GETTING HOPEFULLY TWO, UM, WHAT THEY CALL YOUTH INTERNS. AND THERE'S A, THERE, I THINK IT'S 14 TO 30, UM, IS THE AGE BRACKET, SO IT'S 400 HOURS ACCORDING TO THAT GRANT. SO IT, WE COULD STRETCH IT OUT OR NOT. UM, AND THEN TYLER AND I WILL BE MEETING WITH, UM, C-S-U-L-B TO GET A BETTER, BETTER IDEA OF HOW THEIR INTERN PROGRAM WORKS. SO WE'RE HOPING FOR THREE. UM, GREAT. WHICH WOULD BE AWESOME. SO TO BE CONTINUED. AND THEN WE NEED TO TALK ABOUT THE RETREAT. UM, WE HAD SUGGESTED MAY 13TH, WHICH IS A, A NORMAL COMMISSION DAY, UM, MAYBE STARTING AN HOUR EARLY. I DO HAVE MICHELLE OBAMA RESERVED RIGHT NOW. UM, AND THEN WE CAN CHANGE IT IF, IF WE NEED TO. UM, I KNOW THE CHAIR HAD BROUGHT UP STARTING AT TWO O'CLOCK AND MAYBE GOING UNTIL FIVE OR FIVE 30. THE BUILDING DOES CLOSE AT SIX, SO WE'D HAVE TO BE OUT OF THERE BEFORE SIX O'CLOCK. SO YOU GUYS, UM, YOU DON'T NECESSARILY NEED TO MAKE A DECISION ASAP BECAUSE AGAIN, THE LOCATION IS RESERVED, UH, WHEN WE MAKE THAT DECISION. AND JUST A REMINDER, DO YOUR FORM 700, I THINK THERE'S FOUR OF YOU THAT STILL NEED TO DO IT, BUT YOU'RE STILL VERY COMPLIANT. UM, , BUT MY CITY CLERK FRIENDS REMIND ME TO REMIND YOU. SO THAT'S ALL I HAVE. THANK YOU. THANK YOU. IT'S COMING FROM THE TOP. YES, THE REMINDER . IS THERE ANY, UH, INPUT FROM THE COMMISSION ON THIS ITEM? IS THERE ANY PUBLIC COMMENT ON THIS ITEM? SEEING NONE, LET'S MOVE TO A VOTE. MOTION CARRIES [9. 26-54458 Recommendation to discuss potential agenda items for future Commission meetings.       Suggested Action: Approve recommendation. ] AGENDA. ITEM NUMBER NINE, RECOMMENDATION TO DISCUSS POTENTIAL AGENDA ITEMS FOR FUTURE COMMISSION MEETINGS. I HAVE A MOTION FROM COMMISSIONER GILLETTE, SECONDED BY COMMISSIONER DE BENEDICTUS. AND, UH, IS THERE ANY INPUT FROM THE COMMISSIONERS ON THIS? UM, I, I WOULD LIKE FOR FOLKS TO THINK ABOUT THIS ITEM FOR OUR APRIL MEETING WHEN WE'RE SETTING THE AGENDA FOR THE MAY MEETING, WHICH WILL BE OFF SITE. UM, WE MAY WANT TO LOOK AT SOME ISSUES THAT REQUIRE MORE DISCUSSION. UH, SO, UM, PLEASE GIVE THAT THOUGHT. HOPEFULLY THE INVESTIGATION PROTOCOL BE ONE OF THEM, BUT WE'LL SEE. OKAY. BE SEEING NO INPUT FROM THE COMMISSION. IS THERE ANY PUBLIC COMMENT ON THIS ITEM? OH, ACTUALLY, UH, BEFORE IF, IF YOU WANNA JUST HAVE A SEAT. I THINK COMMISSIONER GILLETTE, DID YOU WANNA SPEAK? OH, I'M SORRY. OH, THAT'S OKAY. I WAS LATE. UM, JUST IN TERMS OF POTENTIAL AGENDA ITEMS, I WAS THINKING SINCE WE ARE IN THE ELECTION SEASON, IF PERHAPS, I DON'T KNOW WHICH ENTITY IT WOULD BE, BUT IF WE COULD HAVE SOMEONE SPEAK ABOUT THAT PROCESS. THANK YOU. GREAT. THANK YOU. SORRY, I MISSED IT. PROBLEM. PARDON? YES, PLEASE. COMMISSIONER GILLETTE. JUST SO THAT I, SORRY. I'M SO SORRY. NO, YOU'RE GOOD. UH, JUST SO THAT WE'RE CLEAR IN, UH, DESIGNING THE AGENDA, IS THERE A PARTICULAR, UM, TOPIC OF THE ELECTION PROCESS YOU WOULD LIKE FOR US TO? UM, I THINK JUST GENERALLY WHAT, UM, THE PUBLIC MIGHT BE INTERESTED AT THE MOMENT. JUST MAYBE THE RULES AROUND IT. THANK YOU. THANK YOU. UH, MY NAME'S CODY. I WASN'T SURE IF THIS IS THE CORRECT PLACE TO TALK ABOUT THIS, BUT WHAT SHE JUST MENTIONED IS WHAT I CAME TO MENTION. [01:45:01] SO I'M WITH THE RANK CHOICE VOTING GROUP IN LONG BEACH. UH, AND I'VE JUST BEEN SORT OF SENT, BECAUSE MANY OF THE OTHER PEOPLE COULDN'T MAKE IT TO 3:00 PM ON A TUESDAY OR A WEDNESDAY. UH, WHICH I DO QUESTION THE ETHICS OF, YOU KNOW, THE TRANSPARENCY OF A 3:00 PM MEETING. BUT, UM, SO THE, ONE OF THE LEADERS, RENEE, SHE ACTUALLY EMAILED YOU, I THINK HEATHER VAN I MONDAY. YES. YEAH. UM, BUT BASICALLY LIKE, IT'S KIND OF STOLEN FROM THE EMAIL. UH, BUT IF YOU DON'T KNOW WHAT RANK CHOICE VOTING IS, UM, RANK CHOICE VOTING IS A ELECTION SYSTEM DESIGN OR THAT ALLOWS PEOPLE, VOTERS TO RANK THEIR CHOICES RIGHT FROM ONE AND DESCENDING AN ORDER, UH, AS OPPOSED TO OUR CURRENT SYSTEM, WHICH IS PICK ONE OR THE OTHER, YOU KNOW, EFFECTIVELY. UM, AND AS THE ETHICS COMMISSION, SINCE WE ARE ASKING ABOUT THE, UH, VOTING, I DO FEEL LIKE RANK CHOICE VOTING DOES OFFER A MORE ETHICAL REPRESENTATION OF DEMOCRACY. IT ALSO REDUCES THE NUMBER OF ELECTIONS REQUIRED, RIGHT FROM TWO, WHICH WE HAVE THE RUNOFF AND THEN OUR PRIMARY TO ONE, WHICH WILL ALLOW, UH, YOU KNOW, LESS AFFLUENT CANDIDATES TO ACTUALLY COMPETE, UH, WILL ALSO ALLOW POOR VOTERS TO VOTE. I DO REALIZE WE HAVE MAIL-IN VOTING, BUT WITH OUR CURRENT GOVERNMENT ADMINISTRATION, WELL WE MIGHT NOT BECAUSE WELL DISENFRANCHISED VOTERS ARE ALREADY DISENFRANCHISED AND WE HAVE VERY FEW THINGS TO HELP THEM. UH, SO SWITCHING TO RANK CHOICE VOTING AT LEAST FOR THE CITY, COULD BE A BIG STEP FOR THE STATE. UH, WE ARE NEXT TO LA OBVIOUSLY, AND WE SHARE A PORT VAGUELY. UM, AND I HAVE HEARD THAT SOME OF THE COMMISSIONS IN LA CITY ARE CONTEMPLATING RANK CHOICE VOTING. UH, OUR BIG PROBLEM CURRENTLY IS THE PEOPLE WHO RUN REGISTRAR BASICALLY DON'T HAVE THE TECH TO SWITCH TO THAT STYLE OF VOTING, BUT THEY'VE ALSO SAID THAT THEY, NO ONE HAS ASKED THEM, SO I DON'T REALLY KNOW IF THAT MEANS THE FUNDING IS NOT THERE PER SE. UM, LEMME SEE. SO IF WE DON'T KNOW, LIKE YOU DESCEND AN ORDER, UH, IF THE SOMEONE DOES NOT REACH A MAJORITY, SO 50 PLUS PERCENT OF THE VOTES, THEN THE LOWEST CANDIDATES VOTES ARE REDISTRIBUTED TO THE VOTER'S SECOND CHOICE. AND THIS IS REPEATED AS THE BOTTOM IS SWITCHED TO THE TOP UNTIL YOU REACH A MAJORITY. SO THIS ALLOWS EVERYONE'S VOTES TO CONTINUOUSLY COUNT AS OPPOSED TO BE THROWN AWAY. IF YOU SAY VOTE FOR WHATEVER THE LIBERTARIAN, RIGHT? IF YOU VOTE FOR THE LIBERTARIAN AND THEN YOU VOTE FOR THE CONSERVATIVE, YOUR VOTE IS JUST IN THE TRASH. 'CAUSE NO ONE'S GONNA VOTE FOR THE LIBERTARIAN. OR YOU KNOW, THERE'S A COMMON SCARE TACTIC WITH THE TWO PARTIES TO KEEP PEOPLE FROM VOTING BECAUSE THEIR IDEALS MAY NOT BE REPRESENTED. UH, YOU ARE AT TIME, SO IF YOU CAN WRAP YOUR SENTENCE. OH, YEAH. YOU UNDERSTAND WHAT I MEAN? UM, SHE DOES HAVE AN EMAIL HOPEFULLY, AND WE CAN ALWAYS RESEND IT. UH, YOU'RE, YOU'RE OUTTA TIME. THANK, THANK YOU. THANK YOU VERY MUCH. YEAH. MOVE TO A VOTE. MOTION CARRIES. [PUBLIC COMMENT Opportunity to address the Ethics Commission on non-agenda items. Each speaker is limited to three minutes to make their comments unless extended by the Chair.] IS THERE ANY PUBLIC COMMENT ON A NON AGENDA ITEM? [ANNOUNCEMENTS] MOVING TO ANNOUNCEMENTS, UM, AS HEATHER MENTIONED, , THE GOVERNMENT OPERATIONS AND EFFICIENCY COMMITTEE. IT MET YESTERDAY TO CONSIDER THE FAIR ACT, WHICH IS THE MAYOR'S VERSION OF THE ETHICS AND GOOD GOVERNANCE ACT, UH, VIA AN INTERIM VERSION THAT CAME OUT OF THE CITY MANAGER'S OFFICE. UM, THE, UH, HEATHER AND, AND TYLER AND THE, THE TEAM, UH, FROM THE CITY ALLOWED ME TO, UH, BE A PART OF THE TEAM PRESENTING. I WANNA THANK COMMISSIONER NOVE FOR COMING AND PROVIDING SUPPORT. UM, THE MEMBERS OF THE GOVERNMENT OPERATIONS AND EFFICIENCY COMMITTEE, UM, HAD, UH, TAKEN A LOOK AT SOME OF THE MATERIALS, UH, AND CLEARLY HAD, UH, QUESTIONS THAT WERE BASED ON THE MATERIALS THAT HAD BEEN PROVIDED. UM, THEY ASKED [01:50:01] SEVEN, I HAVE SEVEN, EIGHT, UH, FIVE, I THINK I HAVE EIGHT, UH, FOLLOW UP QUESTIONS. UH, SOME OF THEM WERE PRETTY STRAIGHTFORWARD AND WE'LL BE ABLE TO RESPOND TO THEM PRETTY QUICKLY. I'M GONNA WORK WITH THE CITY STAFF ON, ON THE OTHERS, UM, WANTING TO UNDERSTAND THE BASIS FOR SOME OF THE RECOMMENDATIONS, WANTING TO UNDERSTAND BEST PRACTICES IN OTHER JURISDICTIONS, UM, AND, UH, UH, ALSO POSSIBLY SEEKING SOME MORE DEFINITION, WHICH ACTUALLY WILL END UP COMING FROM THE CITY MAN, THE CITY ATTORNEY DRAFTING PROCESS. UM, BUT WE'LL BE RESPONDING TO ALL OF THEIR QUESTIONS AND I'M GLAD TO HEAR TYLER FELT. WE'LL BE ABLE TO GO BACK TO THEM IN APRIL AND LET ME KNOW HOW I CAN HELP, UH, ANY OTHER ANNOUNCEMENTS FROM THE COMMISSIONERS. LET'S MOVE TO ADJOURN. TIME IS 4 46. THANK YOU. WE ARE ADJOURNED. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.