Oct 13, 2026 City Council Special Meeting - Study Session - Revised

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LET'S GO AHEAD AND CALL TO ORDER,

[CALL TO ORDER]

ROLL CALL, PLEASE.

COUNCILWOMAN INHA.

COUNCILWOMAN ALLEN.

COUNCIL MEMBER DUGGAN.

HERE.

COUNCILMAN .

COUNCILWOMAN KERR.

PRESENT COUNCILWOMAN SORROW.

PRESENT.

[ROLL CALL]

COUNCILWOMAN THRASH TU HERE.

COUNCIL MEMBER RICK ODI.

MAYOR RICHARDSON.

WE HAVE A QUORUM.

ALRIGHT, THANK YOU.

SO THIS IS A SPECIAL STUDY SESSION ON, UH, THE FAIR ACT.

THIS IS OUR, UH, FRAMEWORK FOR, UH, ENHANCED, UM, ETHICS.

WE WANNA THANK OUR ETHICS COMMISSION AND CITY STAFF FOR, UH, ALL THEIR WORK AND GETTING US TO THIS POINT.

UH, NOW IT'S IN FRONT OF THE CITY COUNCIL.

SO WE'RE, WE HAVE A STAFF PRESENTATION, SO WE'LL GO INTO THE STAFF PRESENTATION

[1. 26-56387 Recommendation to receive and file a presentation and conduct a study session on the proposed Long Beach Framework for Accountability, Integrity, and Reporting (FAIR) Act, and provide City staff with further direction to incorporate within the proposed FAIR Act, as appropriate. (Citywide) ]

THANK YOU VERY MUCH, MS. MAYOR.

I'LL TURN IT OVER TO TYLER CURLEY, OUR DEPUTY CITY MANAGER TO GET US STARTED.

CAN WE PLEASE GET A MOTION AND A SECOND BEFORE WE CONTINUE? THANK YOU.

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THANK YOU SO MUCH.

UH, SO YEAH, TODAY WE WANTED TO GIVE YOU AN OVERVIEW OF THE FAIR ACT AND WALK THROUGH ALL OF THE DIFFERENT SPECIFICS AND MAKE SURE YOU, UH, THE MAYOR AND COUNCIL HAVE AN OPPORTUNITY TO PROVIDE ANY ADDITIONAL INPUT OR DIRECTION, UM, BEFORE WE CONTINUE ON, UM, IN DRAFTING THE ORDINANCE.

SO, JUST SOME BACKGROUND.

UM, IN 2022, THE AUDITOR SURVEY, UM, LOOKED AT WAYS TO, UM, BUILD A COMPREHENSIVE ETHICS FRAMEWORK FOR THE CITY AND RECOMMENDED, UM, PULLING TOGETHER DIFFERENT POLICIES AND LAWS INTO A SINGLE ORDINANCE.

UM, AND AS A FOLLOW UP TO THAT, UH, THE TEAM AND THE OFFICE OF ETHICS AND TRANSPARENCY AND THE ETHICS COMMISSION HAD BEEN WORKING FOR NUMEROUS YEARS NOW TO, UM, PROPOSE DIFFERENT WAYS TO COMPILE, UM, UNDER ONE ORDINANCE AND ONE FRAMEWORK, UM, ALL OF THE DIFFERENT POLICIES, REGULATIONS, UH, RELATED TO ETHICS AND OUR ETHICS PROGRAM HERE IN THE CITY.

AND SO, WHAT YOU HAVE IN FRONT OF YOU WITH THE FAIR ACT IS A COMBINATION OF, UM, A NUMBER OF DIFFERENT RECOMMENDATIONS RELATED TO OUR CITY'S LOBBYIST ORDINANCE, UM, THAT WAS APPROVED BY THE COMMISSION IN AUGUST, 2024, AND A BROADER ETHICS ORDINANCE, UM, THAT WAS APPROVED BY THE COMMISSION IN MARCH, 2025, UH, TO BRING BOTH OF THOSE THINGS TOGETHER AS, UH, THE FAIR ACT.

SO, UM, ONCE WE, UM, WORKED WITH THE COMMISSION, KIND OF DEVELOPED THE, THE DIFFERENT, UH, RECOMMENDATIONS, SHARED THOSE WITH MARIN COUNCIL VIA, UM, MEMORANDA, UM, REALLY KIND OF ANNOTATING WHAT ARE THE DIFFERENT CHANGES THAT ARE BEING PROPOSED FOR ETHICS PROGRAM, UM, WHAT'S NEW VERSUS WHAT'S EXISTING, BUT IN DIFFERENT AREAS AND, AND JUST TRYING TO BRING IT UNDER ONE ORDINANCE.

UM, AND THAT'S WHAT WE AS STAFF, UH, SHARED FROM THE COMMISSION, UH, VIA TWO DIFFERENT MEMOS.

UM, AND THEN LAST YEAR, IN NOVEMBER, OF COURSE, THE COUNCIL HAD AN ITEM IN FRONT OF THEM, UH, WHERE THE MAYOR REINTRODUCED THOSE RECOMMENDATIONS AS THE FAIR ACT, UH, WHICH IS IN FRONT OF YOU TODAY.

UM, AND AS PART OF THAT MOTION, THERE WAS A RECOMMENDATION TO GO TO THE GOVERNMENT OPERATIONS AND EFFICIENCY COMMITTEE, UH, TO WALK THROUGH ALL THIS, THE SPECIFICS AND GET ADDITIONAL INPUT.

AND AS PART OF THAT, UM, THE COMMITTEE EARLIER THIS YEAR RECOMMENDED THAT WE COME BACK TO CITY COUNCIL TO HAVE A FULL STUDY SESSION, UH, BEFORE CONTINUING THE WORK TO DRAFT THE ORDINANCE.

SO WHAT WE HAVE BEFORE YOU IS OF COURSE, COMING BACK FOR THIS STUDY SESSION THAT WAS RECOMMENDED BY THE COMMITTEE.

UH, AND THIS IS JUST AN OVERVIEW TIMELINE OF SOME OF THE KEY DATES, UM, THAT I JUST MENTIONED OF WHERE WE, UH, HOW WE GOT TO WHERE WE ARE TODAY.

AND AGAIN, TODAY, WE'RE HOPING TO GET, UH, FURTHER DIRECTION IN ANY INPUT YOU MAY HAVE ON SOME OF THE POLICY DECISIONS RELATED TO, UH, THIS ETHICS ORDINANCE.

SO WHAT DOES THE FAIR ACT DO? ULTIMATELY, IT ESTABLISHES, UH, CHAPTER FOUR OF THE LONG BEACH MUNICIPAL CODE, AND THIS BRINGS TOGETHER VARIOUS ADMINISTRATIVE POLICIES, DIFFERENT PROCESSES, AND BEST PRACTICES FROM OTHER CITIES, UM, INTO ONE ORDINANCE.

SO YOU'LL SEE IN THERE, AS HEATHER WALKS US THROUGH ALL OF THE DIFFERENT PIECES OF THIS ORDINANCE, THERE'S A LOT IN THE FAIR ACT THAT IS ALREADY EXISTING IN, UM, EITHER CURRENT PRACTICE AT THE LOCAL LEVEL OR, UH, STATE LAW AND WOULD BE CODIFIED THROUGH THIS ORDINANCE.

AND THERE'S ALSO NEW STANDARDS THAT, UM, HEATHER WILL HIGHLIGHT.

SO YOU'LL BE ABLE TO SEE WHAT'S NEW AND BEING PROPOSED THAT ARE ULTIMATELY POLICY DECISIONS, UH, FOR THE COUNCIL.

UM, SO WE'LL WALK YOU THROUGH ALL OF THE CHAPTERS OF THIS PROPOSED ORDINANCE, UM, BUT BEFOREHAND, I'LL PASS IT OVER TO MILLICENT TO TALK A LITTLE BIT MORE ABOUT THE SCOPE OF THE ORDINANCE, AND THEN WE'LL GET INTO EACH OF THE CHAPTERS.

SO, MIL, UH, YES, BEFORE WE GET INTO THE NITTY GRITTY, IT'S IMPORTANT TO KIND OF SEE THE FORCE THROUGH THE TREES HERE WHENEVER WE ENACT AN ORDINANCE.

UM, IT IS SUBJECT TO SECTION 1.32 OF THE MIN OF THE MUNICIPAL CODE, WHICH PROVIDES FOR CRIMINAL ENFORCEMENT IN THE FORM OF A MISDEMEANOR.

SO I JUST WANT TO PREFACE THAT WHENEVER COUNSEL ADOPTS AN ORDINANCE, IT DOES HAVE THIS, UM, POTENTIAL TO BE SUBJECT TO CRIMINAL MISDEMEANOR AT THE DISCRETION OF, UH, THE CITY PROSECUTOR, UNLESS COUNSEL WRITES OTHERWISE IN THE ORDINANCE.

UM, SO HERE, THE FAIR ACT APPLIES TO LOBBYISTS AND APPLIES INTERNALLY.

SO IT APPLIES TO LOBBYISTS AND ALL PUBLIC SERVANTS AS DEFINED, UM, BY THE FAIR ACT.

SO THAT INCLUDES ELECTED AND APPOINTED CITY OFFICIALS, COMMISSIONERS, COMMITTEE MEMBERS, EMPLOYEES, INTERNS, EVEN CONSULTANTS.

AND SO ENFORCEMENT, UH, AS DESCRIBED IN THE FAIR ACT DEPENDS ON THE TYPE OF PUBLIC SERVANTS.

SO THERE ARE CERTAIN TYPES OF INFRACTIONS THAT APPLY TO ELECTEDS AND APPOINTEDS.

THERE ARE CERTAIN TYPES THAT APPLY TO, UM, CITY EMPLOYEES.

UH, AND AGAIN, JUST TO TAKE A STEP BACK, SO WE HAVE A, A VERY COMPREHENSIVE FRAMEWORK WHEN IT COMES TO ETHICS LAW.

SO YOU HAVE FEDERAL STATUTES, YOU HAVE ANTI-CORRUPTION,

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THAT'S THE POLITICAL REFORM ACT.

IT REGULATES, UM, UM, UH, VARIOUS THINGS INCLUDING CAMPAIGN FINANCE, CONFLICTS OF INTEREST, ET CETERA.

YOU HAVE GOVERNMENT, GOVERNMENT CODE 10 90, THAT'S ANOTHER CONFLICTS OF INTEREST LAW.

THAT MEANS YOU CAN'T BE ON BOTH SIDES OF IT.

UH, THE TRANSACTION AS A CITY OFFICIAL AND AS A PRIVATE CITIZEN.

AND THEN YOU HAVE THE BROWN ACT, AND OF COURSE, UH, THE PRA OTHER TYPES OF ETHICS LAWS.

SO, AND THEN YOU GET INTO THE LOCAL LEVEL.

SO WE DO HAVE A LOBBYIST ORDINANCE.

WE DO, UM, HAVE THAT IN OUR MUNICIPAL CODE.

WHAT THE FAIR ACT, UH, AIMS TO DO IS TO EITHER MEET STATE LAW OR EXCEED IT.

SO, UH, THERE ARE MANY PARTS OF THE FAIR ACT THAT SAY THIS SHALL BE APPLIED AS CONSISTENTLY AS THE STATE LAW EQUIVALENT.

UM, IN TERMS OF ENFORCEMENT, UM, THE, THE STATE, UH, FPPC ENFORCES THE POLITICAL REFORM ACT AND THE GOVERNMENT SECTION, GOVERNMENT CODE SECTION 10 90, UM, THE LA COUNTY DISTRICT ATTORNEY'S OFFICE, UH, PROSECUTES FEDERAL INFRACTIONS.

AND THEN ON THE LOCAL LEVEL, WE HAVE OUR CITY PROSECUTOR'S OFFICE.

AND THEN ALSO, AS YOU'LL SEE IN THE FAIR ACT, THERE IS, UM, CONTEMPLATION ABOUT, AND STAFF RECOMMENDS SOME ENFORCEMENT ON THE ADMINISTRATIVE, UH, DISCIPLINARY LEVEL.

UH, SO AGAIN, THERE ARE DIFFERENT REPORTING MECHANISMS FOR VIOLATIONS OF THE PROPOSED FAIR ACT.

UH, SO FOR MAYOR, UM, UH, EXCUSE ME.

SO WHENEVER THERE IS A ALLEGED INFRACTION, IT GETS REPORTED TO THE ETHICS OFFICER, AND THEN THE ETHICS OFFICER FROM THEN WILL SEND IT OUT TO THE APPROPRIATE APPOINTING AUTHORITY.

SO FOR CITY COUNCIL, IF THERE'S AN ALLEGED INFRACTION OR, OR ANY ELECTED OFFICIAL, THE CITY ATTORNEY WILL MEET WITH THE, UM, OFFICIAL AND AS, AS CONTEMPLATED IN THE FAIR ACT, THE ALLEGED INFRACTIONS ARE, ARE SUPPOSED TO BE PRESENTED IN OPEN SESSION, UH, OF THE CITY COUNCIL.

AND THE CITY COUNCIL MAY IMPOSE INFRACTIONS SUCH AS CEN, UM, UH, TRAVEL RESTRICTIONS, REMOVAL FROM COMMITTEES, UH, THAT, UH, ALLEGED, UH, ELECTED OFFICIAL IS APPOINTED UPON FOR BOARDING COMMISSION MEMBERS.

ANY INFRACTION OR ANY SANCTIONED WOULD BE REMOVAL FROM THAT BORDER COMMISSION, UM, OR ANY OTHER TYPES OF SANCTIONS FOR MANAGER AND CLERK.

AGAIN, THE CITY ATTORNEY MEETS WITH THOSE OFFICIALS, AND THE APPOINTING AUTHORITY MAY TAKE, UH, DISCIPLINARY ACTION.

AND THEN FOR CITY EMPLOYEES, UM, THAT EMPLOYEE'S APPOINTING AUTHORITY WOULD BE THE ONE TAKING, UM, DISCIPLINARY ACTION.

UH, SO SOME LIMITS IN TERMS OF ENFORCEMENT, IT DOESN'T ALLEGED INFRACTIONS OF THE FAIR ACT DO NOT INVALIDATE CITY COUNCIL.

UM, ACTIONS, UM, COMPLAINANTS AND SUBJECTS CANNOT PARTICIPATE IN ANY DECISION MAKING IN TERMS OF SANCTIONS AGAINST THEM.

UM, AND THEN WE WILL WALK THROUGH THIS, BUT THERE ARE PARTS OF THE CODE THAT, UM, DON'T HAVE ANY ENFORCEMENT, UH, MECHANISM LIKE THE CODE OF CONDUCT.

THANK YOU, MILLICENT.

SO WHAT MILLICENT JUST WENT OVER WAS CHAPTER, UM, 4.01 OF THE FAIR ACT, UH, WHICH IS GENERAL PROVISIONS.

UH, WHAT WE'LL COVER NOW IS THE REMAINING NINE CHAPTERS AT A HIGH LEVEL, UH, AS TYLER SHARED, A LOT OF THIS, UH, IS EXISTING LAW PROCESSES BEST PRACTICES.

SO I'LL SPEND MY TIME, UH, REALLY GOING OVER WHAT'S NEW.

SO, CHAPTER 4.02, UH, THIS IS THE CODE OF CONDUCT AND ETHICS.

UH, THIS CHAPTER IS JUST A NEW LOCATION FOR WHAT ALREADY EXISTS IN OUR MUNICIPAL CODE.

WHAT'S NEW THOUGH IS THAT ALL PUBLIC SERVANTS SHALL HAVE 120 DAYS FROM DATE OF ENROLLMENT TO COMPLETE THIS TRAINING, UH, STAFF RECOMMENDS REMOVING THIS FROM THE PROPOSED ORDINANCE AND INSTEAD ADDRESSING VIOLATIONS THROUGH THE EXISTING ADMINISTRATIVE PROCESS.

CHAPTER 4.3 IS CONFLICT OF INTEREST.

AGAIN, WE'RE FAMILIAR WITH MOST OF THIS.

WHAT'S NEW IS A PUBLIC SERVANT WHO BELIEVES ANOTHER PUBLIC SERVANT FAILED TO DISCLOSE A REQUIRED CONFLICT OF INTEREST, MUST PROMPTLY REPORT THE CONCERN TO THE APPROPRIATE, APPROPRIATE REPORTING MECHANISM.

THIS COULD TRIGGER A MEET AND CONFER PROCESS.

THE ETHICS COMMISSION MAY ADOPT REGULATIONS SETTING FORTH THE TYPES OF CLOSE PERSONAL RELATIONS THAT MUST BE DISCLOSED PURSUANT TO THIS SECTION.

THE RE REVOLVING DOOR RULE, WHICH HAS BEEN ONE YEAR FOR FORMER OFFICE HOLDERS, NOW EXTENDS TO TWO YEARS, INCLUDES THE CITY MANAGER, THE EXECUTIVE DIRECTOR OF THE HARBOR DEPARTMENT, AND THE GENERAL MANAGER OF THE UTILITIES DEPARTMENT.

THE ETHICS COMMISSION MAY RECOMMEND ACTION AGAINST LATE OR NONRESPONSIVE FORM 700 FILERS.

AND LAST, THE PROPOSAL RECOMMENDS THE CITY ATTORNEY OPINE ON CONFLICTS OF INTEREST.

HOWEVER, THE FPPC IS THE SOLE ENFORCEMENT AUTHORITY ON CONFLICTS OF INTEREST.

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SO THEREFORE, CITY STAFF ADVISES THIS SHOULD NOT BE IN THE ORDINANCE BECAUSE IT CONFLICTS WITH STATE LAW.

STAFF ALSO ADVISES THE TERM CLOSE PERSONAL RELATIONSHIP NOT BE INCLUDED IN THE ORDINANCE.

THIS TERM DOES NOT EXIST IN STATE LAW.

CONCEPTS ENFORCEMENT WOULD BE EXTREMELY CHALLENGING AND POTENTIALLY NON-EXISTENT AS THE CITY HAS NO RESOURCE TO IDENTIFY INDIVIDUALS WITH WHOM A PUBLIC SERVANT REGULARLY COHABITS WITH THEREBY NECESSITATING RELIANCE ON SELF-DISCLOSURE.

CHAPTER 4.04, UH, USE OF CITY RESOURCES.

WE'RE FAMILIAR WITH MOST OF THIS.

WHAT'S NEW IN THIS CHAPTER IS THAT PUBLIC OFFICIALS CANNOT REPRESENT THE CITY UNLESS THEY HAVE OFFICIAL AUTHORIZATION.

OF COURSE, THIS IS AN EXISTING PRACTICE, WE JUST DON'T HAVE IT MEMORIALIZED ANYWHERE.

CHAPTER 4.05, GIFTS, MEALS, AND ENTERTAINMENT.

UM, WHAT'S NEW HERE? GIFTS MEANT TO INFLUENCE AN OFFICIAL ACT ARE ALWAYS PROHIBITED, AND PUBLIC SERVANTS CANNOT GIVE OR RECEIVE GIFTS FROM PEOPLE THEY SUPERVISE.

THIS SECTION CAN BE PROBLEMATIC AS STAFF GIVE EACH OTHER GIFTS FOR THE HOLIDAYS AND FOR BIRTHDAYS.

THE REASON THERE ARE GIFT LIMITS IS TO PREVENT INFLUENCE ON GOVERNMENTAL DECISIONS, NOT TO PREVENT INTERNAL GIFT GIVING.

ALSO EXCEEDS STATE LAW GIFT THRESHOLD THRESHOLDS, WHICH ARE ENFORCED BY THE FPPC STATE LAW THRESHOLD IS $50.

UH, AND THIS PROVISION IS A BLANKET PROHIBITION CHAPTER 4.06.

OUTSIDE ACTIVITIES, UH, MOST OF THIS IS REFLECTS CURRENT STATE LAW.

WHAT'S NEW IS ANY DEPARTMENT CREATING RULES ABOUT OUTSIDE WORK MUST FIRST THEN THEM TO THE ETHICS COMMISSION FOR FEEDBACK BEFORE THEY GO THROUGH MEET AND CONFER OR GET IMPLEMENTED.

CHAPTER 4.07 POLITICAL ACTIVITIES.

UM, I WON'T SPEND A LOT OF TIME GOING OVER THIS.

UH, THIS IN ITS ENTIRETY REFLECTS CURRENT STATE LAW, CHAPTER 4.08, EX PARTE CONTACTS AND FAIR HEARINGS.

UH, THIS CHAPTER AGAIN REFLECTS CURRENT STATE LAW.

WHAT'S NEW IS THAT IT CODIFIES RESTRICTIONS AND DISCLOSURE REQUIREMENTS FOR EX PARTE CONTACTS.

COUNCIL MEMBERS.

AND THE MAYOR SHOULD AVOID RECEIVING OUTSIDE INFORMATION, BUT IF THEY DO THROUGH CONSTITUENT CONTACT APPLICANT CONVERSATIONS OR SITE VISITS, THEY MUST PUBLICLY DISCLOSE THAT INFORMATION AT THE HEARING.

IF AN EX PARTE COMMUNICATION OCCURS INADVERTENTLY, THE MEMBER MUST DISCLOSE THE CONTACT IN ITS SUBSTANCE ON THE RECORD DURING THE MEETING, SO ALL PARTIES HAVE AN OPPORTUNITY TO RESPOND FOR THIS.

STAFF SUGGESTS THAT EX PARTE CONTACTS INCLUDE CONTACTS TO CITY OFFICIALS, INCLUDING THE MAYOR, COUNCIL, COMMISSIONERS, ET CETERA, DURING THE COMPETITIVE PROCUREMENT PROCESS.

PROPOSERS CAN ONLY CONTACT OFFICIALS THROUGH PUBLIC COMMENT AND MUST DIRECT OTHER COMMUNICATIONS TO DESIGNATED CITY STAFF.

THIS CURRENTLY EXISTS IN MUNI CODE SECTION 2.0 8.020, BUT SHOULD BE CLARIFIED.

CHAPTER NINE LOBBYISTS.

UM, SO THERE'S NINE KEY AREAS.

I KNOW WE'VE SPENT QUITE A BIT OF TIME IN THE PAST GOING OVER, UH, THIS RECOMMENDATION.

SO THE NINE KEY AREAS SIMPLIFY WHEN LOBBYING MUST BE DISCLOSED, LOWER AND CLARIFY EXPENDITURE BASED LOBBYING, EXPAND DISCLOSURE DETAILS AND INCREASE REPORTING FREQUENCY, REFINE NON-PROFIT EXEMPTIONS, CLARIFY WHAT COUNTS AS LOBBYING CALENDARS, DISCLOSURES, ASSESS STAFF CAPACITY AND ENFORCEMENT TOOLS, CLARIFY AND CLEAN UP CURRENT ORDINANCE AND PERIODIC REVIEW AND UPDATED RECOMMENDATIONS BY THE ETHICS COMMISSION.

SO, SIMPLIFY WHEN LOBBYING MUST BE DISCLOSED.

UM, THIS SHIFTS FROM A COMPLEX DOLLAR AND HOUR BASED THRESHOLD TO A CONTACT BASED STANDARD.

UH, REQUIRES REGISTRATION BASED ON THE NUMBER OF CONTACTS WITH CITY OFFICIALS, WHICH MAKES COMPLIANCE EASIER TO UNDERSTAND.

IT CONSOLIDATES EXISTING LOBBYIST CATEGORIES, WHICH MEANS, UH, COMBINING BUSINESS OR ORGANIZATION LOBBYISTS AND CONTRACT LOBBYISTS INTO A NEW, SIMPLER CONTACT LOBBYIST CATEGORY.

UH, A CONTACT LOBBYIST MEANS ANY INDIVIDUAL WHO MAKES THREE OR MORE CONTACTS IN A CALENDAR MONTH WITH CITY OFFICIALS ON BEHALF OF THE INDIVIDUAL'S, EMPLOYER OR AN ORGANIZATION.

IT ALSO, UH, A CON CONTACT WOULD

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UH, LOWER AND CLARIFY EXPENDITURE BASED LOBBYING.

THE RECOMMENDATION HERE IS TO REPLACE THE TERM EXPENDITURE LOBBYIST WITH EITHER LOBBYISTS OR GRASSROOTS LOBBYISTS.

THE ORIGINAL RECOMMENDATION WAS GRASSROOTS LOBBYISTS.

HOWEVER, THE RECOMMENDATION THAT CAME BEFORE CITY COUNCIL IN NOVEMBER OF LAST YEAR RECOMMENDED REPLACING WITH THE TERM JUST LOBBYISTS.

HOWEVER, WHEN IT WENT TO GO E UH, THAT COMMITTEE THOUGHT USING THE TERM LOBBYISTS WOULD BE A BIT CONFUSING.

UH, THIS ALSO REDUCES THE SPENDING THRESHOLD TRIGGERING DISCLOSURE FROM $5,000 TO $2,500 ANNUALLY.

UH, THIS REDUCTION REFLECTS THE COST EFFICIENCIES AVAILABLE IN THE AGE OF DI DIGITAL COMMUNICATIONS AND SOCIAL MEDIA OUTREACH LOBBYISTS CONTINUED, UH, EXPAND DISCLOSURE DETAILS AND INCREASE REPORTING FREQUENCY.

UM, THIS INCLUDES REQUIRE MORE DETAILED INFORMATION AND FILINGS, UH, SPECIFIC ISSUES DISCUSSED, INCLUDING POSITIONS TAKEN INDIVIDUALS INVOLVED.

MATERIALS PROVIDED.

IT RECOMMENDS MOVING FROM A SEMI-ANNUAL TO QUARTERLY REPORTING REQUIRES REGISTRATION WITHIN FIVE DAYS OF A QUALIFYING CONTACT, AND EXPLORES OPTIONS FOR ENHANCED ONLINE REPORTING.

THE NEXT KEY, UH, PART OF LOBBYIST RECOMMENDATION REFINE NONPROFIT EXEMPTIONS.

UM, SO THE RECOMMENDATION IS TO RETAIN EXEMPTIONS FOR 5 0 1 C3 NONPROFITS, INCLUDING OFFICERS AND UNPAID VOLUNTEERS.

HOWEVER, ELIMINATING EXEMPTIONS FOR OTHER NONPROFIT TYPES, INCLUDING TRADE ASSOCIATIONS, ADVOCACY GROUPS, ET CETERA, UNDER 5 0 1 C FOUR THROUGH SEVEN, THE RECOMMENDATION DOES, UM, LEAVE.

IT LEAVES ALONE BUSINESS IMPROVEMENT DISTRICTS, UH, THAT THEY WOULD STILL KEEP THEIR EXEMPTION STATUS UNDER THIS RECOMMENDATION.

NEIGHBORHOOD ASSOCIATIONS WOULD NOT BE AFFECTED AND ADVOCATING FOR AND NEGOTIATING ON BEHALF OF EMPLOYEES BY EMPLOYEE UNIONS IS NOT LOBBYING UNDER THIS RECOMMENDATION.

HOWEVER, ANY OTHER FORM OF ADVOCACY MAY CONSTITUTE LOBBYING AND REQUIRE REGISTRATION.

THE RECOMMENDATION ALSO, SORRY, EXCUSE ME.

HOW DID I GET? THERE YOU GO.

THANKS.

ANOTHER KEY ELEMENT OF THE LOBBYIST RECOMMENDATION, CLARIFY WHAT COUNTS AS LOBBYING.

EXPLICITLY DEFINED LOBBYING AS ANY CONTACT INTENDED TO INFLUENCE LEGISLATIVE OR ADMINISTRATIVE ACTIONS.

AND THEN THE OTHER ONE THAT HAS, UM, CAUSED A LOT OF DISCUSSION, CREATED A LOT OF DISCUSSION AMONGST COUNCIL MEMBERS AND EXECUTIVE LEADERSHIP, EXPANDING TRANSPARENCY THROUGH CALENDAR DISCLOSURES.

SO THIS APPLIES, UM, THIS RECOMMENDATION STILL FALLS UNDER THE PUBLIC RECORDS ACT EXEMPTIONS FOR PROTECTED INFORMATION.

UH, THIS DISCLOSURE WOULD REQUIRE SPECIFIED CITY LEADERS TO DISCLOSE CITY RELATED CALENDAR INFORMATION AND POST CALENDARS MONTHLY.

UH, THE FOLLOWING IS BEING RECOMMENDED, UH, DATE AND TIME OF THE MEETING, NAMES AND TITLES OF PARTICIPANTS AFFILIATED ORGANIZATIONS, AND A GENERAL STATEMENT OF ISSUES DISCUSS.

IT EXPLICITLY EXCLUDES PERSONAL APPOINTMENTS, ATTORNEY-CLIENT COMMUNICATIONS AND ATTORNEY WORK, PRODUCT LABOR NEGOTIATIONS AND PERSONNEL RECRUITMENT, CRIMINAL SECURITY SENSITIVE OR INVESTIGATIVE MATTERS, WHISTLEBLOWER RELATED COMMUNICATIONS, AND ANY OTHER ENTRIES THAT ARE EXEMPT FROM DISCLOSURE UNDER THE PRA.

THE REST OF THIS RECOMMENDATION UNDER LOBBYISTS INCLUDES ASSESS CAPACITY AND ENFORCEMENT TOOLS, WHICH INCLUDES EVALUATING, STAFFING AND TECHNOLOGY NEEDS, AND EXPLORING ADMINISTRATIVE AND CIVIL ENFORCEMENT OPTIONS.

NEXT IS TO CLARIFY AND CLEAN UP THE ORDINANCE, MEANING CONFIRM ENFORCEMENT APPLIES TO ORGANIZATIONS AND THEIR AGENTS ADD EXEMPTIONS FOR CONTRACT AND GRANT COMMUNICATIONS, REMOVE OUTDATED OR UNUSED DEFINITIONS AND REFERENCES.

AND THEN LAST, UH, PERIODIC REVIEW EVERY FIVE YEARS IS RECOMMENDED AND UPDATED RECOMMENDATIONS TO THE MAYOR AND CITY COUNCIL BY THE ETHICS COMMISSION.

SO WHAT'S NEW, WHAT YOU ALL NEED TO KEEP IN MIND AS YOU'RE MAKING POLICY DECISIONS.

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NOW, UNDER THIS RECOMMENDATION, NOT HOURS SPENT NOR DOLLARS SPENT, IT'S RECOMMENDED TO COMBINE BUSINESS OR ORGANIZATIONAL LOBBYISTS AND CONTACT LOBBYISTS AND, OR, SORRY, CONTRACT LOBBYISTS AND RENAME CONTACT LOBBYISTS REPLACED EXPENDITURE LOBBYISTS WITH EITHER LOBBYISTS OR GRASSROOTS LOBBYISTS REQUIRE ADDITIONAL INFORMATION AND QUARTERLY REPORTS.

THE ORIGINAL RECOMMENDATION IS TO REQUIRE MONTHLY.

UM, HOWEVER, THE, THE MAYOR'S RECOMMENDATION THAT HE BROUGHT FORTH, UM, THAT RECOMMENDATION CHANGED TO QUARTERLY MAINTAIN EXEMPTION FOR 5 0 1 C3 NONPROFITS AND ELIMINATE EXEMPTIONS FOR OTHER TYPES OF NONPROFITS.

AGAIN, EXCEPT FOR NEIGHBORHOOD ASSOCIATION'S, UH, BIDS, MEDIA AND ADVOCACY AND PUBLIC MEETINGS, THE RECOMMENDATION ALSO SUGGESTS CLARIFICATION.

ANY CONTACT TO INFLUENCE A LEGISLATIVE ADMINISTRATIVE ACTION REQUIRE MONTHLY CALENDAR DISCLOSURES FOR CITY LEADERS AND THEN OTHER CITY LEADERS, UM, SAY OUR ASSISTANT AND DEPUTY CITY MANAGERS, OUR CITY CLERK AND DEPARTMENT HEADS.

UM, THEY DON'T NECESSARILY NEED TO DISCLOSE MONTHLY, BUT THEY NEED TO HAVE THE RECORDS READY AND ARE DISCLOSABLE UNDER THE PRA.

AND THEN OUR FINAL CHAPTER IN THE FAIR ACT IS CHAPTER FOUR POINT 10.

THAT'S DONATION, SPONSORSHIPS, AND FUNDRAISING.

THIS IS GENERALLY EXISTING, UH, POLICY AND LAW.

WHAT'S NEW IS THAT, UH, THE RECOMMENDATION IS THAT ALL DONATIONS MUST BE REVIEWED BY THE CITY'S OFFICE OF ETHICS AND TRANSPARENCY TO ENSURE THEY BENEFIT THE CITY AND COMPLY WITH STANDARDS.

AND THEN THE RULES ON FUNDRAISING AND SOLICIT SOLICITATION, UH, BY CITY EMPLOYEES.

SO WHAT'S NEW IS THAT THERE'S CURRENTLY NO FORMAL POLICY THAT GOVERNS COMMON PRACTICES LIKE DEPARTMENT BAKE SALES AND OTHER HOMEMADE TREAT SALES, UM, OR STAFF LED DONATION EFFORTS.

SO, WHILE STAFF AGREES, UH, THAT THERE IS DEFINITELY A LACK OF OVERSIGHT AND TRANSPARENCY FOR THIS TYPE OF FUNDRAISING BY EMPLOYEES, THIS ISSUE WOULD BE MORE APPROPRIATELY ADDRESSED THROUGH AN ADMINISTRATIVE REGULATION.

ALRIGHT, UM, SO JUST WRAPPING UP IN THE LAST COUPLE SLIDES, I WANT TO TAKE A STEP BACK.

THAT'S A LOT OF DETAILS, A LOT OF NUANCES, UM, THAT OF COURSE ARE OPEN FOR DISCUSSION WITH THE MAYOR AND COUNCIL.

UM, HERE, WANTED TO JUST NOTE THAT A LOT OF THE THINGS THAT ARE IN THE, UM, FAIR ACT THAT GO ABOVE AND BEYOND EXISTING POLICY AND STATE LAW ARE ULTIMATELY, UM, COUNCIL POLICY DIRECTION AND, AND DECISIONS.

SO, UH, WE JUST NOTED A NUMBER OF THEM ON THIS SLIDE OF THINGS THAT COULD BE POTENTIALLY CHANGED AS STAFF WAS WORKING WITH THE COMMISSION.

AND IN OUR MEMO RESPONSE TO MAYOR AND COUNCIL, WE ALSO MADE A NUMBER OF RECOMMENDATIONS THAT HEATHER HIGHLIGHTED, WHETHER IT'S, YOU KNOW, CLARIFYING CERTAIN TERMINOLOGY OR, UM, RECOMMENDING THAT CERTAIN REQUIREMENTS APPLY MORE BROADLY AND NOT JUST TO CITY MANAGER DEPARTMENTS, FOR EXAMPLE.

UM, THERE ARE OTHER THINGS, OF COURSE, THAT ARE UP TO COUNCIL, UM, HOW YOU MAY WANNA MOVE FORWARD.

AND I KNOW THERE WAS A LOT OF CONVERSATION BEFORE AROUND, UH, THE LOBBYING CHAPTER.

UM, YOU KNOW, THE, THE WAY THAT THE CALENDARING IS PROPOSED AND HOW THAT WOULD WORK, UM, AS WELL AS, UM, HEATHER MENTIONED WITH THE EX PARTE COMMUNICATIONS, UM, HOW APPLICABLE OR HOW WIDELY APPLICABLE COUNCIL MAY WANT THOSE RULES.

UM, AND THE TRANSPARENCY TO APPLY IF IT GOES ABOVE AND BEYOND STATE AND AND LOCAL POLICY.

THAT'S WHERE, UM, WE REALLY ARE ASKING FOR ANY FURTHER DIRECTION, UM, TO MAKE SURE THAT WE'RE IN LINE AND, AND MOVING THIS ORDINANCE FORWARD IN A WAY THAT MAYOR AND COUNCIL WOULD LIKE.

UH, SO THESE ARE JUST A FEW OF THE ONES, UM, SOME DECISION POINTS, UM, YOU KNOW, THAT WE HAVE IDENTIFIED.

UM, BUT THERE MAY BE OTHERS IN THE CONVERSATION WE'D BE HAPPY TO DISCUSS.

UM, AGAIN, THINGS LIKE CLARIFYING DIFFERENT TERMINOLOGY, MAKING SURE WE ALL UNDERSTAND THE, THE DIFFERENT CONCEPTS THAT ARE IN THERE.

THINKING ABOUT THE APPLICABILITY AND THE SCOPE OF, UM, THESE DIFFERENT CHAPTERS IS ALSO VERY IMPORTANT IN THE DISCUSSION.

ANOTHER PART OF THE DISCUSSION, UM, BEFORE WAS AROUND THE FISCAL IMPACT.

SO, UM, AS PART OF THE GOVERNMENT OPERATIONS AND EFFICIENCY COMMITTEE DISCUSSIONS, WE DID LOOK INTO, UM, YOU KNOW, HOW WOULD WE ACTUALLY IMPLEMENT ESPECIALLY THE CALENDARING PIECE OF THE RECOMMENDATION.

SO AT THE MOMENT, WE'VE ALREADY SPENT A SIGNIFICANT AMOUNT OF STAFF TIME WORKING WITH THE COMMISSION, UH, AND DOING THE MEMORANDA, UM, OBVIOUSLY PRESENTATIONS TO THE COMMITTEE.

WE WOULD CONTINUE TO DO A LOT OF WORK TO PULL TOGETHER THE ORDINANCE,

[00:45:01]

SO IT WILL TAKE TIME, OBVIOUSLY, TO GO THROUGH THAT PROCESS TO DRAFT THE ORDINANCE.

WE WOULD ALSO, UM, NEED TO LOOK AT, DEPENDING ON THE DIRECTION OF HOW THE CALENDARING, IF IT MOVES FORWARD, UM, IS DETERMINED, THAT MAY REQUIRE ADDITIONAL TECHNOLOGY AS WELL.

IT COULD BE RATHER STRAIGHTFORWARD, DEPENDING ON, UM, WHERE FOLKS WANT TO TAKE THE CALENDARING REQUIREMENT, AS SIMPLE AS YOU KNOW, AND WHEN YOU PUT AN INVITE ONTO YOUR CALENDAR, YOU CAN CODE IT A CERTAIN WAY, A CERTAIN COLOR, OR A CERTAIN CATEGORY.

IT WOULD BE RATHER SIMPLE ACTUALLY TO PULL ALL OF THOSE SPECIFICALLY CATEGORIZED IN THAT WAY FOR PUBLIC UPLOAD.

UM, OR THERE ARE MORE SOPHISTICATED TECHNOLOGY AND SYSTEMS THAT, UM, ARE AVAILABLE, UM, THAT OBVIOUSLY COULD, COULD HAVE MORE OF A, A FISCAL IMPACT TO DEVELOP.

SO AT THIS TIME, IT WOULD ULTIMATELY DEPEND ON HOW WE WANNA MOVE FORWARD, UM, IF AT ALL, WITH THE CALENDARING, WHETHER THERE WOULD BE ADDITIONAL FISCAL IMPACTS THERE, BUT HAPPY TO DISCUSS THOSE AS WELL.

UM, AND THEN JUST TO CLOSE OUT NEXT STEPS.

SO ULTIMATELY TODAY, UM, WE'RE HOPING TO GET ANY ADDITIONAL INPUT AND DIRECTION.

SO LAST NOVEMBER, OF COURSE, UM, WITH THE FAIR ACT DISCUSSION, UH, THE MOTION WAS TO MOVE FORWARD WITH, UH, THE PROPOSED RECOMMENDATION AND STAFF RECOMMENDATIONS AND SOME OF THE CHANGES THAT, UH, THE MAYOR'S ITEM HAD RECOMMENDED AS WELL.

AND THEN ALONG THE WAY, OF COURSE, GET ADDITIONAL INPUT FROM THE GOE COMMITTEE.

SO WE'RE, WE'RE ESSENTIALLY STILL AT THAT POINT WHERE WE WANNA MAKE SURE EVERYBODY, UM, PROVIDES THEIR INPUT AND DIRECTION, UM, AS PART OF A MOTION.

SO THIS IS A, AN INFORMATION SHARING PROCESS, BUT ALSO INPUT.

UM, SO IF YOU HAVE DIRECTION, YOU WANT TO TAKE IT A DIFFERENT WAY AS PART OF A MOTION, UH, THEN WE WILL GO BACK, DRAFT THE ORDINANCE, AND THEN HAVE TO GO THROUGH A MEET AND CONFER PROCESS, AND THEN ULTIMATELY BRING, UM, THE, UH, DRAFT ORDINANCE BACK TO YOU AS A FIRST READING.

SO, UH, FOR TODAY, AGAIN, JUST WANT ADDITIONAL INPUT, ANY QUESTIONS, UH, YOU MAY HAVE THAT WE CAN WORK THROUGH.

AND WITH THAT, I WILL PASS IT BACK OVER TO YOU.

ALRIGHT, WELL, THANK YOU TYLER, AND TEAM, UH, FOR GETTING TO THIS, TO THIS POINT.

WE'RE GONNA TAKE PUBLIC COMMENT, THEN WE'LL GO TO THE COUNCIL.

SO, UH, BARBARA AND CHIEF, YOU'RE UP.

WHOEVER WANTS TO GO FIRST.

.

ALL RIGHT.

GOOD EVENING, MAYOR AND COUNCIL MEMBERS.

I'M HERE ON BEHALF OF THE ETHICS COMMISSION.

I'M CHIEF COLEMAN AND I AM HIS CHAIR.

UM, I WANNA THANK MAYOR RICHARDSON FOR BRINGING THIS MATTER FORWARD AND FOR HIS COMMITMENT TO ETHICS FOR THE CITY OF LONG BEACH.

UM, I ALSO WANNA THANK YOU ALL FOR YOUR TIME AND CONSIDERATION OF THIS IMPORTANT PROPOSAL.

THE GOAL OF THE FAIR ACT IS STRAIGHTFORWARD, IS TO MAKE IT EASIER FOR CITY EMPLOYEES TO UNDERSTAND THEIR RESPONSIBILITIES, AND FOR RESIDENTS AND BUSINESSES TO UNDERSTAND THE RULES.

THE ACT BRINGS TOGETHER PROVISIONS THAT ARE CURRENTLY SCATTERED THROUGHOUT THE MUNICIPAL PO CODE POLICIES AND ADMINISTRATIVE REGULATIONS, WHILE UPDATING REQUIREMENTS TO REFLECT THE NEEDS OF TODAY.

AT ITS HEART, THE FAIR ACT IS ABOUT PUBLIC TRUST.

IT'S ABOUT HELPING ENSURE THE CITY DECISIONS ARE INFORMED BY A FULLER RANGE OF PER OF PERSPECTIVES THAT THE PUBLIC HAVE A BETTER UNDERSTANDING OF THE ADVOCACY TAKING PLACE, AND THAT OUR ETHIC RULES ARE ACCESSIBLE AND WORKABLE FOR EVERYONE.

TAKE CALENDARS.

UM, I WANT TO NOTE IN THIS REGARD THAT THE PRA PROCESS IS CURRENTLY A BIT INSUFFICIENT.

UM, AS AN ALTERNATIVE TO CALENDAR DISCLOSURE, WHEN WRITING THE PRECURSOR TO WHAT BECAME THE FAIR ACT, UM, THE ETHICS MISSION REQUESTED COUNCIL MEMBERS AND MAYORAL CALENDARS FOR A SIX MONTH PERIOD.

UM, AND THAT TOOK, UM, SEVERAL MONTHS.

UM, THERE WAS ALSO, UM, OTHER PROBLEMS WITH THAT, UM, UH, UH, PRA REQUEST.

ADDITIONALLY, UM, AS WAS NOTED BY TYLER, ONE MINOR SUGGESTION IS THAT THE LAW AS CURRENTLY CONSTITUTED, UM, REQUIRES SEMI-ANNUAL REPORTS ACCORDING TO THE MAYOR'S PROPOSAL.

THAT WOULD CHANGE THE QUARTERLY, THE ETHICS COMMISSION STILL STANDS FIRM THAT THIS WOULD BE MONTHLY.

AGAIN, IT'S TO, IT IS TO PROMOTE TRANSPARENCY AND TO MAKE SURE THAT, UM, OTHER FOLKS HAVE THE ABILITY TO BE, UM, A PART OF THAT DELIBERATE PROCESS.

UM, ON BEHALF OF THE ETHICS COMMISSION, I RESPECTFULLY URGE YOU TO CONTINUE THE ADVANCEMENT OF THE FAIR ACT AT A TIME WHERE THERE'S DEEP DISTRUST IN THE FEDERAL GOVERNMENT.

I KNOW, AND I THINK WE SHOULD CONTINUE TO BE THE SHINING LIGHT THAT LONG BEACH IS.

UM, TO THE EXTENT THAT IT WOULD BE HELPFUL FOR THE ETHICS TO MENTION, TO CONTINUE TO BE IN, IN INVOLVED IN CONVERSATIONS.

WE'RE GLADLY HERE TO HELP ANSWER QUESTIONS, CONTINUE TO BE A PART OF THE CONVERSATION.

AGAIN, I REALLY WANT TO THANK YOU FOR THE TIME THAT YOU HAVE ALREADY PUT INTO THIS, FOR THE DEDICATION THAT YOU ALL SERVE AS PART OF BEING ON THE CITY COUNCIL.

THIS IS NOT AN EASY JOB,

[00:50:01]

SO REALLY, THANK YOU SO MUCH FOR YOUR TIME COMMITMENT TO THE SEA OF PALM BEACH.

THANKS.

THANKS, CHIEF.

ALRIGHT, NEXT SPEAKER, PLEASE.

BARBARA, AS A MEMBER OF THE ETHICS COMMISSION, I WANNA THANK THE CITY COUNCIL FOR MOVING A PROPOSED ETHICS ORDINANCE FORWARD.

COMPREHENSIVE ETHICS LEG LEGISLATION IS NOT A NICE TO HAVE A COMPREHENSIVE, CLEAR SET OF ETHICAL RULES BASED ON TRANSPARENCY AND UNBIASED DECISION MAKING IS NECESSARY FOR ALL OTHER PRIORITIES TO SUCCEED.

THE ETHICS COMMISSION IS CHARGED WITH RESPONSIBILITY TO MAKE RECOMMENDATIONS TO THE MAYOR, CITY COUNCIL, AND CITY STAFF CONCERNING GOVERNMENTAL ETHICS.

I WANNA THANK THE CITY STAFF FOR INVITING MEMBERS OF THE ETHICS COMMISSION HERE TODAY TO PARTICIPATE IN RESPONDING TO QUESTIONS YOU MAY HAVE FOLLOWING THE CITY STAFF PRESENTATION.

THE ETHICS COMMISSION HAS NOT TAKEN A POSITION ON THE CHANGES RECOMMENDED BY THE CITY MANAGER TO THE EXTENT THE CHANGES ARE BASED UPON A PERCEIVED LACK OF AUTHORITY PRESENTLY GRANTED TO THE CITY ETHICS OFFICER.

I NOTE THIS COUNCIL MAY EXPAND AND SHOULD AT LEAST CONSIDER EXPANSION OF THE AUTHORITIES OF THE ETHICS OFFICE AS CONTAINED IN THE ORDINANCE RECOMMENDED BY THE ETHICS COMMISSION.

ONE FINAL NOTE REGARDING ENFORCEMENT.

THERE'S NOTABLE CONCERN REGARDING THE POSSIBILITY OF CRIMINAL PENALTIES.

THE ETHICS COMMISSION RECOMMENDED ADMINISTRATIVE PENALTIES AS SUMMARIZED BY MILLICENT IN HER INTRODUCTION.

ANY CRIMINAL ENFORCEMENT DERIVES FROM SECTION 1.32 OF THE MUNICIPAL CODE, WHICH STATES THAT A VIOLATION OF THE MUNICIPAL CODE IS ENFORCEABLE BY CRIMINAL PENALTIES.

THE QUESTION THEN IS WHETHER THE ETHICS COMMISSION OR THE CITY COUNCIL WANT TO RECOMMEND THAT SECTION 1.32, READ THAT ANY VIOLATION OF THE CODE, EXCEPT THE ETHICS PROVISIONS ARE ENFORCED BY CRIMINAL PENALTIES.

THANK YOU AGAIN FOR MAKING ETHICS A PRIORITY.

ALRIGHT.

OKAY.

WELL, WE WANNA THANK THE ETHICS COMMISSION FOR YOUR HARD WORK.

UH, THIS HAS BEEN A LONG PROCESS, UH, MANY YEARS.

UM, AND THE GOAL HERE IS TO TAKE, YOU KNOW, EVERYTHING RELATED TO ETHICS AND ACCOUNTABILITY AND REPORTING THAT'S SPREAD OUT ACROSS OUR MUNICIPAL CODE.

CENTRALIZE IT INTO ONE PLACE.

AND WHEN YOU CENTRALIZE IT, YOU NOTICE WHERE THERE ARE CONFLICTS, POTENTIAL CONFLICTS, AND IT FORCES A CONVERSATION ON HOW YOU RESOLVE THOSE CONFLICTS.

IT ALSO GIVES YOU AN OPPORTUNITY TO THINK MORE COMPREHENSIVELY ABOUT HOW'S THIS GONNA ACTUALLY WORK? WHAT IS, IS THERE A NEW TOOL THAT NEEDS TO BE DEVELOPED? DO WE HAVE TO BUY NEW SOFTWARE? UH, AND THOSE ARE IMPORTANT QUESTIONS, AND I THINK WE SHOULD, WE SHOULD GRAPPLE AND TAKE THEM ON WHERE I AM.

UH, THIS IS SOMETHING THAT NEEDS, IT NEEDS TO HAPPEN.

WE HAVE TO UPDATE OUR MUNICIPAL CODE.

WE HAVE TO PASS THE FAIR ACT.

I'M AGNOSTIC ON SOME OF THE SMALLER DETAILS.

IT REALLY COMES DOWN TO WHAT THE COUNCIL'S PREFERENCES ARE.

BUT WE NEED TO, UH, WE NEED TO ADVANCE THE FAIR ACT.

THIS IS SOMETHING THAT, YOU KNOW, AS WE ARE HEADING INTO FIVE OF US, SIX OF US ARE HEADING INTO A NEW TERM.

I THINK IT'D BE GREAT TO HAVE VERY CLEAR RULES AS YOU HEAD INTO THE NEXT TERM.

SO I THINK I WOULD LIKE TO SEE THIS HAPPEN BY THE END OF THIS YEAR AND ACTUALLY GET THIS DONE.

UM, ONE THING THAT I NOTICED IN THIS WORK, UM, THAT, UH, COULD BE A LITTLE BIT STRONGER, UM, AND, YOU KNOW, I JUST WANT TO, UH, JUST RAISE THIS PUBLICLY WITH, WITH STAFF INTO THE COUNCIL.

UM, IT'S UNCLEAR HOW AND WHEN, WHEN THERE'S A PUBLIC RFP PROCESS, HOW, AND WHEN IT OPENS UP, UH, FOR THE PUBLIC OR PEOPLE WHO PARTICIPATED IN BIDS TO COME AND, AND ENGAGE WITH THE CITY COUNCIL.

NOW, I KNOW THAT IT'S, IT'S, IT'S TOUCHED ON HERE, BUT IN OTHER AGENCIES LIKE I SERVE ON METRO, IT'S VERY EXPLICIT AND CLEAR.

WHEN THERE'S AN OPEN CONTRACT OR BID, THERE'S A BLACKOUT PERIOD.

AND DURING A BLACKOUT PERIOD, BIDDERS CAN ONLY SPEAK TO THE PROCUREMENT OFFICERS AND THE PEOPLE WHO ARE SPECIFICALLY WORKING ON THE BID.

THEY CANNOT COME IN, TALK TO COUNCIL MEMBERS ABOUT THE BID PROCESS.

THEY CAN'T LOBBY THE CITY MANAGER ABOUT THE BIDDING PROCESS WHEN IT'S IN A LOCKBOX, WHEN IT'S IN A BIDDING PROCESS.

NOW, AT SOME POINT WHEN A RECOMMENDATION IS, UH, FOR AWARD IS PUBLIC, THEN IT BECOMES PUB A PUBLIC CONVERSATION, AND PEOPLE CAN COME TO CITY COUNCIL AND, AND THERE'S A PROCESS.

UH, BUT I THINK WE COULD BE MUCH MORE CLEAR WITH HAVING A PROHIBITION, A BLACKOUT PERIOD IN THE CITY DURING RFPS.

WE NEED TO MAKE SURE RFPS HAVE INTEGRITY AND ARE CLEAR SO THAT CITY COUNCIL CAN, UH, REMAIN, UM, UH, OPEN, UM, AND UNBIASED WHEN WE EVALUATE THE MERITS OF, UH, OF, OF AN AWARD RECOMMENDATION.

SO THAT IS ONE AREA THAT I THINK WE SHOULD GO

[00:55:01]

THE SECOND THING I'LL BRING UP, UM, I HAVE HEARD FROM DIFFERENT COUNCIL MEMBERS, UH, THE CONCERNS ABOUT HOW WE OPERATIONALIZE THE CALENDAR.

I THINK THOSE ARE QUESTIONS THAT WE CAN, I MEAN, NOW'S THE TIME TO ASK THOSE QUESTIONS TO FIGURE IT OUT, BUT I DON'T THINK THOSE QUESTIONS SHOULD STOP US FROM HAVING AN OPEN CALENDAR.

I THINK THERE'S WAYS THAT WE CAN HAVE AN OPEN CALENDAR WHILE PROTECTING, UM, UH, PRIVACY.

UH, WE KNOW THAT VIOLENCE AND AND AGAINST PUBLIC OFFICIALS IS, HAS INCREASED.

IT'S AT, IT IS AT A SIGNIFICANT HIGH RIGHT NOW.

AND, AND I, AND FRANKLY, I GET SIGNIFICANT THREATS.

THE CITY MANAGER GETS THREATS.

WE GET, WE GET THREATS.

AND I, WHAT I DON'T WANT TO DO IS SAY THAT OUR SAFETY OR OUR ABILITY TO PROTECT OUR SAFETY, UM, SOMEHOW LIMITS OUR ABILITY TO SAY, WE TOOK A MEETING WITH A GROUP, WE TOOK A MEETING WITH A GROUP ON A DATE.

I THINK THAT IS WHAT WE'RE REALLY LOOKING FOR.

AND THE WAY WE ADMINISTER, THE WAY WE ADMINISTER IT, I'M OPEN TO SUGGESTIONS, BUT MAYBE THE ORDINANCE NEEDS TO BE FLEXIBLE ENOUGH TO WHERE WE FIGURE OUT MULTIPLE WAYS TO MEET THE REQUIREMENT.

THE ORDINANCE DOESN'T BE AS, TO HAVE TO BE AS STRINGENT AS, UH, TO KEEP US FROM FIGURING OUT WHAT TOOL WORKS.

I DON'T WANNA HAVE TO UPDATE THE ORDINANCE JUST BECAUSE WE GET NEW SOFTWARE OR A NEW APPROACH TO, TO DO IT IF DIFFERENT COUNCIL PEOPLE OR DIFFERENT EXECUTIVES WANT TO, OR DIFFERENT DIRECTORS OR WHOEVER WANT TO, UH, MEET THAT REQUIREMENT IN THEIR OWN WAY.

I'M AGNOSTIC, BUT THERE NEEDS TO BE A REQUIREMENT SO THAT CAN HAPPEN.

SO THOSE ARE MY, THOSE ARE MY THOUGHTS ON THE FAIR ACT.

SO, AGAIN, TO THE COUNCIL, I, I SAY THAT THIS IS SOMETHING THAT WE NEED TO DO, UH, I THINK NOW, NOW IS INCREDIBLY IMPORTANT, LIKE CHIEF SAID, WITH JUST, UH, THE QUESTIONS AND THE CONCERNS ABOUT INTEGRITY AND, AND, AND GOVERNMENT.

I THINK IT'S IMPORTANT THAT WE SEND A STRONG MESSAGE HERE THAT WE SUPPORT FAIRNESS, ACCOUNTABILITY, UM, INTEGRITY AND, AND PUBLIC REPORTING.

UH, SO WE'LL NOW WE'LL GO TO THE COUNCIL FIRST.

THIS COUNCILWOMAN THRESH AND, ALL RIGHT, THANK YOU.

UM, THANK YOU TO THE STAFF FOR THE PRESENTATION, UM, AND TO OUR ETHICS COMMISSION, UH, FOR ALL OF YOUR HARD WORK AND DEDICATION AS WELL.

WE APPRECIATE THE COMMENTS YOU SHARED WITH US, AND WE'D LIKE TO SHARE THEM RIGHT BACK WITH YOU.

UM, SO I'VE GOT JUST A SERIES OF QUESTIONS.

HAVING GONE THROUGH THE MATERIALS, UM, CALENDAR IS TOP OF MIND FOR ME.

SO THANK YOU FOR BRINGING THAT UP, MAYOR.

UM, CAN YOU SOMEWHAT, MAYBE CITY ATTORNEY CAN HELP ME WITH THIS CALENDAR IS LOOK FORWARD OR LOOK BACK? IT'S A LOOK BACK PERIOD.

OKAY.

SO IT'S LOOK BACK.

OKAY.

AND THEN I NOTED THAT THE CALENDAR DOES NOT HAVE TO SAY WHERE THE MEETING TAKE TOOK PLACE.

THAT'S CORRECT.

THAT'S SOMETHING THE COUNCIL CAN CHOOSE TO ADD OR, OR, OR NOT.

MM-HMM .

I THINK FROM, UM, I LIKE THAT IT DOES NOT SAY WHERE THE MEETING TOOK PLACE, UM, BUT HAS ALL THE DETAILS REGARDING THE DATE AND THE TIME OF THE MEETING.

I THINK FROM A SAFETY STANDPOINT, UM, THAT WOULD BE ONE AREA WHERE I THINK WE COULD, YOU KNOW, CREATE THAT BUFFER, UH, WITH THE PUBLIC.

AND THEN I THINK THERE IS A TERM TO DESCRIBE PUBLIC EVENTS.

SO WE ARE AT, LET'S SAY I'M, I'M AT A COMMUNITY CLEANUP.

I ATTEND A DINNER, I'M APPROACHED BY SOMEONE WHO IS THERE, WOULD THAT BE CONSIDERED, UM, ADVOCACY AT A PUBLIC MEETING OR A PUBLIC EVENT? HOW, HOW DO I, UH, MANAGE THAT? SO I BELIEVE THE, THE CALENDARING REQUIREMENT IS TIED TO LOBBYING ACTIVITY OR, OR PUBLIC MEETINGS THAT YOU'RE ATTENDING.

OKAY.

SO IF SOMEONE, IF I'M AT A, A PUBLIC EVENT, UM, IN THE COMMUNITY, UM, AND SOMEONE DOES APPROACH ME THERE FROM A LOBBYING STANDPOINT, THERE'S NOTHING FOR ME TO REPORT.

YOU WOULD, UH, BE REQUIRED TO REPORT THAT LOBBYING CONTACT.

OKAY.

RETROACTIVELY MM-HMM .

OKAY.

OKAY.

I DID SEE THAT THAT WAS UNDER, IF I CAME ACROSS NEW INFORMATION, I NEEDED TO DISCLOSE WHAT INFORMATION I CAME ACROSS AND WHO PROVIDED THAT INFORMATION.

YES.

OH, GREAT.

NOW, UM, I WANNA THANK OUR ETHICS OFFICER FOR, UM, THE SUMMARY I THINK WOULD BE VERY HELPFUL.

UM, THE THRESHOLD FOR NUMBER OF LOBBYING CONTACTS, UM, A TABLE WOULD BE GREAT JUST TO HAVE, SO WE HAVE THAT FOR REFERENCE TO KNOW THE THREE TIMES PER MONTH, THE, SO MANY TIMES PER YEAR.

SO THAT WAY, UM, IT'S, UH, IN ONE PLACE AND IN A TABLE FORMAT.

AND THEN AS WE, UH, PAIR DOWN THE NAMES OF THE VARIOUS CATEGORIES, UM, FROM, UH, BUSINESS AND ORGANIZATIONAL LOBBYISTS AND CONTACT LOBBYISTS AND EXPENDITURE LOBBYISTS WITH LOBBYISTS, IT WOULD BE GREAT TO HAVE, UH, NEXT TO THAT, A SPECIFIC DEFINITION AS TO WHAT THOSE NOW REPRESENT.

UM, SO THAT WE CAN CAPTURE ALL OF THAT.

AND THEN,

[01:00:01]

I DON'T, DO I HAVE ANY RESPONSIBILITY OTHER THAN JUST TO REPORT THAT I'VE BEEN CONTACTED, UH, TO ASK THEM IF THEY'VE REGISTERED WITH THE CITY, IF THEY'RE A KNOWN LOBBYIST, DO I HAVE ANY RESPONSIBILITY THERE NOT AS CURRENTLY PROPOSED IN THE FAIR ACT? SO IF YOU RECEIVE CONTACTS FROM A GROUP AND YOU'RE NOT SURE IF THEY'RE A LOBBYIST, I THINK ON YOUR OWN YOU CAN, UM, LOOK THAT INFORMATION UP.

BUT CURRENTLY AS WRITTEN, IT'S NOT AN OBLIGATION ON, ON THE COUNCIL, THOUGH IT MAY BE GOOD PRACTICE, BUT IT, IT'S UP TO THE COUNCIL WHETHER THEY WANT THAT IN THE ORDINANCE ITSELF.

OKAY.

I JUST WANTED TO MAKE SURE I I'M CERTAINLY, UM, YOU KNOW, WE WOULD, UH, MAYBE ALERT THE INDIVIDUAL OR THE ENTITY THAT THIS IS BEING REPORTED AND THAT THEY HAVE ENGAGED WITH US SEVERAL TIMES AND THAT WE'D WANNA MAKE SURE THEY'RE ON THE LOBBYIST LIST, BUT I DON'T THINK IT SHOULD BE OUR RESPONSIBILITY TO ENSURE THAT THEY'RE THERE.

CORRECT.

IT'S REALLY INCUMBENT ON THE LOBBYISTS TO PROPERLY REGISTER WITH THE CITY AND, AND THE CITY CLERK KEEPS THOSE RECORDS FOR THE CITY.

AND THEN, LET'S SAY WITH THE CALENDAR IN PARTICULAR, UM, HOW LONG DOES THAT DATA NEED TO BE HELD FOR? I THINK WE WOULD HAVE TO CREATE A RECORD RETENTION SCHEDULE FOR THAT.

UM, SO MAYBE, UM, SO THAT'S ANOTHER AREA THAT REALLY PROBABLY SHOULD BE EXPLORED SO WE CAN FIGURE OUT HOW LONG THOSE RECORDS SHOULD BE HELD.

MAY BE CONSISTENT WITH OTHER RECORDS THAT ARE HELD WITHIN THE CITY.

CORRECT.

I DON'T HAVE A RECOMMENDATION TODAY, BUT I CERTAINLY WOULD LIKE TO HAVE A RETENTION POLICY AND ONE THAT, UM, GOES AHEAD AND HAS A PLAN FOR DESTROYING THOSE, UH, DOCUMENTS AFTER A CERTAIN PERIOD OF TIME.

THANK YOU.

THANK YOU.

COUNCIL MEMBER CARR.

YES.

THANK YOU.

UM, AND COUNCIL, THANK YOU COUNCILMAN THRE TOOK FOR YOUR QUESTIONS.

I HAD A FEW OF THOSE ON MY LIST AS WELL.

I THINK FOR ME, I APPRECIATE THE ABILITY TO HAVE ALL OF THIS INFORMATION IN ONE PLACE, THAT THAT IS WHAT IS IN THE BEST INTEREST FOR, FOR ALL OF US, FOR THE CITY, FOR RESIDENTS TO BE ABLE TO FIND IN A PLACE AND ANSWER QUESTIONS.

UM, I HAVE A COUPLE OF QUESTIONS, KIND OF THE MORE IN THE WEEDS QUESTIONS THAT I THINK ARE UP FOR DEBATE LATER, BUT JUST WANTED TO RAISE, UH, THE QUESTION, MAYBE THIS IS FOR THE CITY ATTORNEY'S OFFICE ON SLIDE EIGHT, YOU TALK ABOUT REPORTING, YOU TALK ABOUT ALLEGED VIOLATIONS WOULD BE REPORTED TO THE ETHICS OFFICER AND APPROVED CITY MECHANISM, I BELIEVE YOU SAID SOMETHING ABOUT OPEN SESSION.

AND THEN THE THIRD BULLET POINT IS, VIOLATIONS OF THE FAIR ACT WOULD BE REQUIRED TO BE REPORTED TO THE FPPC.

IS THAT, SO THEN MY QUESTION, PRO PROCESS WISE, WOULD THAT BE ACCUSATIONS OR ALLEGED VIOLATIONS THAT SOMEONE LEVELS THAT YOU'RE GONNA REPORT OUT TO THE FPPC, UM, THE CITY PROSECUTOR AND THE DISTRICT ATTORNEY? OR IS THERE AN ADJUDICATION PROCESS? I THINK WE EXIST IN A TIME AND SPACE.

I THINK ALL OF US CAN PROBABLY POINT TO SOMETHING WITHIN THE LAST TWO WEEKS OF SOMEONE ACCUSED OR SAID SOMETHING ABOUT WHAT WE MAY HAVE DONE THAT COULD BE COMPLETELY FABRICATED.

SO IS THERE AN ADJUDICATION PROCESS OR DOES IT ALL HIT AUTHORITY AT THE SAME TIME BECAUSE SOMEONE BROUGHT UP A CONCERN OR A QUESTION OR ACCUSATION? YEAH, THAT'S A GREAT QUESTION.

SO IF SOMEONE REPORTS ALLEGED VIOLATIONS OF THE FAIR ACT AND, AND OR THE FPPC, UH, KIND OF JURISDICTION OF RULES, THEY ADJUDICATE THE FAIR ACT MAKES THAT A MANDATORY DISCLOSURE TO THE APPROPRIATE, APPROPRIATE AGENCY.

SO WHETHER THAT BE THE STATE AGENCY, WHETHER THAT BE REFERRED TO THE, UH, DISTRICT ATTORNEY'S OFFICE OR WHETHER THAT BE, UH, REFERRED INTERNALLY AS AS APPROPRIATE, WHAT, UH, YOUR QUESTION IS REFERRING TO IS THE REPORTING MECHANISM.

THE OTHER PART IS THE ADJUDICATION PROCESS, AND THAT IS THE ENFORCEMENT PIECE.

THAT'S ALSO, UM, IN THAT, IN THAT CHAPTER 4.01, WHERE THERE, THERE IS SPECIFIC MECHANISMS ON HOW ALLEGED VIOLATIONS ARE INVESTIGATED.

OKAY.

AND THEN I KNOW THROUGH FVPC AND ALL OF THE OTHER MECHANISMS THAT WE AS ELECTED OFFICIALS ADHERE TO, UM, SUPPORTING DOCUMENTATION OR CONCERNS ABOUT, UM, A BEHAVIOR OR AN ACTION HAVE TO HAVE SOME SUPPORTING DOCUMENTATION.

SO I GUESS MY CONCERN IS IF SOMEONE WERE TO MAKE SOMETHING THAT'S COMPLETELY FABRICATED, THEY DON'T HAVE ANY JUSTIFICATION OTHER THAN IN THEIR OWN MIND, THEY THINK SOMETHING HAPPENED.

AT WHAT POINT DOES THAT GET LOOKED AT SO THAT IT'S NOT BEING REPORTED AS SOMETHING SOMEBODY DID WHEN THERE IS NO SUPPORTING EVIDENCE TO MOVE FORWARD THAT YOU COULDN'T PUT TO THE FPPC? 'CAUSE THE FPPC DOES REQUIRE THAT KIND OF INFORMATION.

SO I THINK IT GETS TO THE CONCERN OF ACCUSATIONS CAN GET THROWN OUT A LOT BASED ON LOTS OF DIFFERENT PRINCIPLES.

AND FOR PEOPLE WHO ARE ADHERING TO ALL OF THE RULES, YOU KNOW, IF YOU HAVE AN ACCUSATION, I'D LIKE TO SEE WHAT YOUR EVIDENCE IS.

SO JUST, I I'M CURIOUS ABOUT THAT.

Y YEAH, CERTAINLY.

UM, WHAT THE FAIR ACT DOES

[01:05:01]

SO I, I COMPLETELY UNDERSTAND YOUR POINT OF, YOU KNOW, FOR THE FPPC ENFORCEMENT, THERE HAS TO BE SUPPORTING DOCUMENTATION.

SO WHEN SOMEONE RECEIVES AN ALLEGED VIOLATION OF THESE, THE LAWS THAT, UH, THAT AGENCY ENFORCE, IT COULD BE THEY REPORT IT TO THE FPPC AND THE FPPC SAYS YOU DON'T HAVE ENOUGH DOCUMENTATION HERE, AND THEY REJECT THAT CLAIM.

HOWEVER, THE, THE REQUIREMENT IS STILL ON THE PERSON RECEIVING THAT INFORMATION TO REPORT IT TO THE APPROPRIATE AGENCY.

SO IF SOMEONE MAKES AN ACCUSATION OR RAISES A CONCERN ABOUT A VIOLATION, AND IT COMES TO THE CITY ETHICS OFFICER, OUR DISCLOSURE PER THIS IS THAT IN OPEN SESSION, YOU WILL MAKE THAT DISCLOSURE ABOUT A REPORT THAT WAS GIVEN.

NO, IT WOULD NOT, IT WOULD NOT HAPPEN IN OPEN SESSION.

SO THE, THE PERSON RECEIVING THAT ALLEGED, UH, THOSE ALLEGATIONS WOULD REPORT IT APPROPRIATELY.

THAT PROCESS IS NOT WHAT'S HAPPENING IN OPEN SESSION.

WHAT HAPPENS IN OPEN SESSION IS THE ENFORCEMENT OF THE ALLEGED VIOLATION.

SO AN ALLEGED VIOLATION HAPPENS, AN INVESTIGATION HAPPENS, THEN WHAT HAPPENS IF THE A VIOLATION IS AGAINST A COUNCIL MEMBER, UM, OR THE MAYOR, THAT, THAT, UH, ADJUDICATION PROCESS WOULD HAPPEN IN OPEN SESSION.

SO AN OPEN SESSION, WE WOULD DISCUSS THE, AS PROPOSED IN THE FAIR ACT, WE WOULD DISCUSS THE, UM, AN, UH, RESULT OF THE INVESTIGATION AND COUNSEL WOULD VOTE ON WHAT KINDS OF SANCTIONS WOULD IT BE IMPOSED ON, ON THAT PARTICULAR COUNCIL MEMBER.

AND IF IT WAS DETERMINED THAT NO VIOLATION OCCURRED, WOULD IT STILL BE BROUGHT TO OPEN SESSION AS AN ACCUSATION? I DON'T, I DON'T, I THINK AS CURRENTLY WRITTEN, YES, THAT CAN BE SOMETHING THAT CAN BE CLARIFIED IN THE MUNICIPAL CODE.