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[1. CALL TO ORDER AND CERTIFICATION OF A QUORUM]
OFFICIAL TIME, 5:30 PM COULD WE PLEASE TAKE ROLL? LET'S CALL TO ORDER.IT DOES NOT HAVE THE PLEDGE AND OR PRAYER.
DO WE STILL GO THROUGH WITH THAT? NOPE.
NOW UP NEXT IS PUBLIC COMMENTS.
WE DO NOT HAVE ANY PUBLIC COMMENTS.
[3.A City Attorney Board Training ]
PRESENTATIONS CITY ATTORNEY.FOR THOSE OF Y'ALL THAT MAY HAVE FORGOTTEN, IT'S BEEN A LITTLE WHILE.
UH, VERY GLAD TO SEE, UH, PRETTY MUCH BOTH EVERYBODY HERE, UH, FOR THIS TRAINING THAT I WILL STRIVE TO DO, UH, ON AN ANNUAL BASIS.
UH, AND WE WILL GO THROUGH IT, UH, PRETTY QUICKLY.
PLEASE JUMP IN IF YOU HAVE ANY QUESTIONS.
DON'T FEEL LIKE YOU'RE INTERRUPTING.
UM, BUT OTHERWISE, I'LL, I'LL TRY TO MOVE IT THROUGH, UH, PRETTY QUICKLY.
SO I SPLIT, UH, THIS TRAINING INTO A FEW DIFFERENT PARTS.
SO THE FIRST ONE IS GOING TO COVER THE, UH, EDCS PURPOSE AND ITS, UH, FUNCTION.
AND SO THE, UH, THE ECONOMIC DEVELOPMENT CORPORATION, UH, THE DEDC WAS CREATED IN 1998, UH, UNDER THE AUTHORITY OF THE DEVELOPMENT CORPORATION ACT OF 1979.
IT WAS CREATED AS A NON-PROFIT INDUSTRIAL DEVELOPMENT CORPORATION.
SO THE EDC, THE DEDC IS A NON-PROFIT CORPORATION.
THAT'S WHY IT HAS A BOARD OF DIRECTORS AND, AND OTHERWISE FUNCTIONS LIKE YOU WOULD EXPECT A CORPORATE BOARD, UH, TO FUNCTION.
THE PURPOSES FOR WHICH, UH, IT WAS CREATED, UM, IS TO PROMOTE, UM, AND DEVELOP COMMERCIAL INDUSTRIAL MANUFACTURING ENTERPRISES, UH, IN ORDER TO, UH, DRIVE OR PROMOTE AND ENCOURAGE, UH, EMPLOYMENT.
UH, IN 1998, WHEN THE EDC WAS, UH, AUTHORIZED, UH, BY THE VOTERS AND CREATED BY THE COUNCIL, UH, THERE WAS ACTUALLY A SALES TAX THAT WAS, UH, ADOPTED AT THAT TIME, ALSO AUTHORIZED BY THE VOTERS.
AT THAT TIME, IT WAS ACTUALLY, UH, AUTHORIZED AT, UH, 0.5%.
UM, AND THEN SOME YEARS LATER, IT WAS ACTUALLY DROPPED DOWN TO, UH, THE 0.25, UH, WHERE IT STANDS TODAY.
AND SO THE, THE EDC COLLECTS THAT, UH, COURT ASCENT SALES TAX.
AND THAT'S HOW IT USES, THAT'S HOW IT HAS FUNDING TO ENGAGE IN THE VARIOUS, UH, ACTIVITIES THAT ARE AUTHORIZED UNDER THE LAW.
SO WHAT ARE THOSE ACTIVITIES THAT ARE AUTHORIZED? SO WE LOOK TO CHAPTERS 5 0 5 AND, UH, I'M SORRY, 5 0 1 AND 5 0 5 OF THE TEXAS LOCAL GOVERNMENT CODE TO SEE THE TYPES OF, UH, EXPENDITURES THAT ARE ALLOWED UNDER THE, THE STATUTES.
UH, KEEPING IN MIND THAT IF IT AN EXPENDITURE IS NOT EXPRESSLY AUTHORIZED, IT, IT CANNOT BE DONE.
YOU KNOW? SO YOU HAVE TO LOOK FOR, UH, THAT EXPRESS AUTHORIZATION IN THE LAW IN ORDER TO, UH, SPEND THOSE, THOSE PUBLIC DOLLARS.
SO HERE'S A LIST OF THE, UH, REALLY THE PRIMARY, UH, AUTHORIZED EXPENDITURES THAT, UH, THE BOARD WOULD SEE.
THERE ARE A FEW OTHERS THAT ARE KIND OF NICHE, UH, THAT I WOULDN'T EXPECT TO SEE.
BUT, UH, UH, THE MAIN ONE IS ON A PROJECT THAT CREATES OR RETAINS, UH, PRIMARY JOBS.
NOW, PLEASE KEEP IN MIND THAT THE TERM PRIMARY JOB IS A TERM OF ART.
AND, UH, IN THE STATUTE, THERE'S ACTUALLY, UH, SET OUT, UH, CERTAINLY INDUSTRIES AND, AND, AND THAT SORT OF THING THAT THOSE JOBS HAVE TO FALL IN, IN ORDER TO COUNT AS A PRIMARY JOB.
UH, SECONDLY, THE EDC IS AUTHORIZED TO EXPEND ITS TAX DOLLARS ON INFRASTRUCTURE PROJECT.
THAT'S ACTUALLY A SEPARATE SECTION THAT'S IN 5 0 1.
UH, AND, AND REALLY ALL THAT, UH, THAT INFRASTRUCTURE PROJECT KIND OF HAS TO DO, OR THE BOARD FINDS THAT IT WILL DO, IS THAT IT WILL PROMOTE, UH, OR DEVELOP NEW OR EXPANDED BUSINESS ENTERPRISES IN THE CITY.
UH, AND INFRASTRUCTURE IS WHAT YOU WOULD TYPICALLY THINK.
YOU CAN SEE, UH, ROADWAYS, YOU'LL SEE DRAINAGE IMPROVEMENTS, UH, THOSE SORTS OF THINGS.
AND THEN, UH, THIRDLY, UM, THE EDC IS AUTHORIZED TO EXPEND, UH, TAX DOLLARS ON PROMOTIONAL ACTIVITIES, UH, PROMOTIONAL ACTIVITIES, NOT, UH,
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WELL DEFINED IN THE LAW.AND SO IT REALLY IS, UH, KIND OF A CASE BY CASE BASIS.
UH, IF THE GOVERNING BODY OR THE, THE, THE CORPORATE BOARD, UH, MAKES A DETERMINATION THAT, HEY, YEAH, THIS EXPENDITURE WE BELIEVE HELPS TO PROMOTE THE CITY OR PROMOTE THE EDC, THEN THAT WILL BE GIVEN, UH, A LOT OF DEFERENCE.
UH, KIND OF THE, UM, THE CASE THAT WE POINT TO HERE IS A, AN A G OPINION, UH, WHERE THERE WAS A QUESTION POSED ABOUT THE CITY OF, I WANNA SAY HU, AND THEY SPENT TAX DOLLARS TO BUILD LIKE A, LIKE A HIPPO HIPPOPOTAMUS STATUE.
AND THE QUESTION WAS, HEY, DOES THIS COUNT AS PROMOTIONAL ACTIVITIES? AND, YOU KNOW, THE AGS OFFICE SAID, WELL, I MEAN THE, THE EDC BOARD SEEMED TO THINK THAT IT DOES, AND WE REALLY CAN'T SAY OTHERWISE.
SO THE, UH, THE LAW ALSO CONTAINS, UH, VERY CLEAR STEPS REGARDING HOW THESE PROJECTS, THESE EXPENDITURES ARE TO BE AUTHORIZED, UH, AND THEREFORE FUNDED BY WAY OF TAX DOLLARS.
SO THE FIRST STEP YOU TYPICALLY SEE IS GOING TO BE THE, UH, PUBLISHED, UH, PUBLICATION OF NOTICE, UH, REGARDING A PROJECT THAT IS BEING PROPOSED.
AND SO, UM, THAT NOTICE GETS PUBLISHED.
AND THEN, UH, AND TYPICALLY YOU'LL SEE THAT, UH, THAT, THAT PUBLICATION NOTICE ALSO SERVE AS A NOTICE OF A PUBLIC HEARING TO ALLOW MEMBERS OF THE PUBLIC TO COME FORTH AND, AND GIVE INPUT ON THIS PROPOSED PROJECT.
AND THEN AFTER THAT, THE, UH, EDC BOARD WILL TAKE A VOTE ON THE PROPOSED PROJECT, ASSUMING THAT THE BOARD APPROVES IT.
UM, ONE EXTRA STEP IN THE APPROVAL PROCESS IS THAT IT HAS TO ALSO GO TO THE CITY COUNCIL.
AFTER THE BOARD HAS APPROVED IT, THE CITY COUNCIL GETS TO, UH, APPROVE OR DENY.
AND THEN THE, UH, THE 60 DAY PETITION PERIOD THAT REFERS TO A, UH, PETITION, RIGHT, CREATED IN THE STATUTES, UH, THAT PROVIDE FOR A 60 DAY PERIOD, STARTING WITH WHEN THE, UH, NOTICE OF THE PROPOSED PROJECT WAS PUBLISHED.
YOU COUNT OUT 60 DAYS FROM THAT, AND MEMBERS OF THE PUBLIC HAVE THE RIGHT TO, UH, SUBMIT A PETITION.
AND I, IF RECOLLECTION SERVES THE, UH, THE NUMBER THAT'S REQUIRES 10% OF THE REGISTERED VOTERS, WHICH IS A VERY HIGH THRESHOLD.
UH, BUT IF THE CITY OR THE EDC GETS SUCH A NOTICE, OR I'M SORRY, SUCH A PETITION, UH, WITHIN THAT 60 DAY PERIOD, THEN WHAT THAT FORCES IS, IT FORCES, UH, AN ELECTION TO AUTHORIZE THAT EXPENDITURE FOR THAT PROJECT.
UM, YOU KNOW, IF THAT PETITION, UH, IS, IS FILED AND IT MEETS THE, UH, SIGNATURE THRESHOLD, SO ONLY AFTER THE 60 DAYS HAVE ELAPSED, WOULD THE EDC BE AUTHORIZED UNDER THE LAW TO EXPEND ANY MONEY, UH, ON THE PROJECT? DID YOU HAVE A QUESTION, SIR? IS THAT WHEN YOU SAID THAT, UH, 10% OF THE VOTERS COULD, YOU KNOW, TRY TO RECALL IT OR WHATEVER, IS THAT IT'S A BIT OF PETITION.
SO IS THAT 10% OF REGISTERED VOTERS CORRECT, OR 10% OF WHO VOTED THE LAST 10% OF REGISTERED VOTERS? OKAY.
OKAY? SO THAT'S A BIT ABOUT, UH, WHAT YOU GUYS DO AS AN ORGANIZATION.
SO LET'S MOVE ON TO HOW THESE MEETINGS ARE CONDUCTED.
UH, THEY'RE CONDUCTED UNDER ROBERT'S RULES OF ORDER AND UNDER, UH, ROBERT'S RULES, OBVIOUSLY, YOU NEED TO HAVE A QUORUM OF THE BODY IN ORDER TO, UM, TO HAVE A MEETING.
UH, LOCAL GOVERNMENT CODE SETS THE QUORUM.
UH, SO THE, THE QUORUM IS SET BY LAW AT FOUR.
SO YOU NEED TO HAVE, UH, AT LEAST FOUR, UH, MEMBERS OF THE BOARD PRESENT AT THE MEETING IN ORDER TO CONDUCT ANY BUSINESS.
SO QUORUM MUST BE ESTABLISHED TO BEGIN THE MEETING AND ALSO MAINTAIN.
SO WE HAVE LIKE THE BARE FOUR, IF ANYBODY GETS UP TO GO USE THE RESTROOM OR WHATEVER, GOTTA PAUSE THE MEETING.
'CAUSE YOU NO LONGER HAVE A QUORUM THAT IS, UM, BEING MAINTAINED.
UM, THE BODY IS ALLOWED, OR MEMBERS OF THE BODY, UH, CAN BE ALLOWED TO PARTICIPATE IN ONE OF THESE MEETINGS BY WAY OF VIDEO CONFERENCE.
OKAY? AND, UH, SAME AS FOR LIKE, UH, CITY COUNCIL AND SUCH A MEMBER THAT PARTICIPATES BY VIDEO CONFERENCE IS COUNTED, UM, AS PRESENT AT THE MEETING AND IS OTHERWISE HAS ALL THE SAME RIGHTS AS A MEMBER THAT IS, UH, ATTENDING THE MEETING IN PERSON.
YOU KNOW, MEANING YOU GET THE RIGHT TO DELIBERATE DEBATE VOTE.
BUT, UH, ONE QUIRK IN THE LAW IS THAT THAT PERSON THAT IS, UH,
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PARTICIPATING BY VIDEO CONFERENCE DOES NOT COUNT TOWARDS CORE.SO IF YOU HAVE A BARE FOUR, THEN ALL FOUR, YOU HAVE TO BE HERE, YOU HAVE FIVE, THEN, YOU KNOW, ONE PERSON CAN TEAMS IN.
AND THEN, UM, WHEN IT COMES TO TAKING ACTION, YOU KNOW, YOU GUYS ARE A BODY, YOU KNOW, OF, OF SEVEN.
AND SO IT, UM, Y'ALL NEED TO TAKE A VOTE IN ORDER TO, YOU KNOW, AUTHORIZE AN ACTION.
OF COURSE, A VOTE REQUIRES THAT THERE BE A MOTION MADE.
AND SO THAT'S HOW YOU, THE BODY TAKES, UH, ACTION.
UH, YOU MAKE, SOMEONE MAKES A MOTION, ANOTHER PERSON, UH, ISSUES A SECOND.
UH, AND THAT IS HOW YOU PROPOSE THAT AN ACTION BE DONE.
NOW, I, I, WHEN I DO THESE TRAININGS FOR THE VARIOUS, UH, BODIES, I ALWAYS ASK, I ALWAYS, UH, ADVISE THAT MOTIONS BE MADE IN THE AFFIRMATIVE.
AND WHAT I MEAN BY THAT IS THE MOTION IS MADE AS I MOVE THAT WE APPROVE X, Y, Z.
OKAY? UM, AND IT SHOULD BE CLEAR, YOU KNOW, THAT I MOVE THROUGH APPROVE X, Y, Z.
SOMETIMES YOU'LL HEAR FOLKS, YOU KNOW, ON THE DICE MAKE A MOTION LIKE, SO MOVED.
AND IT'S, THAT'S NOT BEST PRACTICE BECAUSE, WELL, EXACTLY WHAT ARE YOU MOVING, YOU KNOW? SO I MEAN, UNLESS SOMEONE JUST SAID, OR LIKE, MAYBE THE CHAIR JUST SAID, I WILL NOW ENTERTAIN A MOTION TO APPROVE X, Y, Z, THEN YOU CAN SAY, SO MOVE.
'CAUSE THEN IT'S VERY CLEAR WHAT YOU ARE MOVING.
BUT OTHERWISE, I ASK THAT YOU STATE THE MOTION.
CLEARLY, I MOVE TO, YOU KNOW, AUTHORIZE OR APPROVE X, Y, Z.
AND I SAY IT, UH, IN THE AFFIRM, AFFIRMATIVE MEANING TO APPROVE, BECAUSE THEN, UH, ONCE THERE'S DELIBERATION AND THEN THERE'S A VOTE TAKEN, IF, UM, THAT MOTION RECEIVES A MAJORITY OF THE VOTES, THEN THAT X, Y, Z PROPOSED ITEM HAS IN FACT BEEN APPROVED.
IF THE VOTE FAILS, THEN THAT ITEM HAS BEEN DENIED VERY CLEAR, YOU KNOW, AND IT SEEMS VERY INTUITIVE.
BUT IF YOU MAKE THE MOTION IN THE, UH, NEGATIVE, I MOVE THAT WE DENY X, Y, Z.
OKAY, WELL, I MEAN, IF THAT MOTION TO DENY CARRIES, THEN SURE THE ITEM IS DENIED.
BUT WHAT IF THE MOTION TO DENY FAILS IF THE MOTION TO DENY FAILS IS NOT THE SAME THING AS THE ITEM BEING APPROVED.
IT'S JUST THAT IT'S DENIAL WAS WELL DENIED.
AND SO THAT'S WHY, YOU KNOW, THAT THEN WOULD CREATE THE SITUATION WHERE, OKAY, NOW YOU GOTTA MAKE ANOTHER MOTION.
LET'S MAKE A MOTION TO APPROVE AND SEE HOW THAT GOES.
YOU KNOW? SO THAT'S WHY I SAY, YOU KNOW, FOR EFFICIENCY AND, AND, AND JUST, UH, YOU KNOW, COMPREHENSION, JUST MAKE THE MOTION TO APPROVE, EVEN IF YOU'RE NOT NECESSARILY IN FAVOR OF THAT ITEM.
YOU KNOW, SOMETIMES YOU MAKE THAT MOTION JUST TO PUT THE ITEM ON THE FLOOR SO THAT IT CAN BE DISCUSSED AND THEN VOTED ON.
THAT'S WHY YOU SOMETIMES HEAR A, A MEMBER OF THE BODY INTRODUCE A MOTION LIKE, I MOVE THAT WE APPROVE X, Y, Z FOR THE SAKE OF DISCUSSION.
AND THEY ADD THAT IN JUST TO SAY, WELL, I'M MAKING THE MOTION, BUT NOT NECESSARILY I SUPPORT IT.
I'M JUST MAKING THE MOTION TO JUST OPEN THE ITEM UP SO WE CAN TALK ABOUT IT AND THEN VOTE.
SO THE MAIN MOTION IS, LIKE, THE MOTION WE'VE BEEN TALKING ABOUT IS A MOTION TO APPROVE, LIKE A RESOLUTION THAT THE BOARD MIGHT ADOPT, OR A A MINUTE ORDER, MINUTE ORDER, JUST A, YOU KNOW, A MOTION TO DO SOMETHING, BUT IT'S NOT A, LIKE A WRITTEN DOCUMENT THAT YOU ARE APPROVING.
UH, AND SO IT SHOWS UP IN THE MINUTES, AND HENCE THE TERM, A MINUTE ORDER, UH, THE MAIN MOTION TO APPROVE SOMETHING.
UH, ONLY ONE SUCH MOTION IS ALLOWED AT A TIME.
NOW, YOU CAN HAVE, UH, SUBSIDIARY MOTIONS THAT WILL SERVE TO MODIFY THE MAIN MOTION.
UH, AND IF YOU HAVE ANY OF THOSE MADE, THEN THOSE SUBSIDIARY MOTIONS HAVE TO BE DISPOSED OF BEFORE YOU GET ONTO VOTING ON THE MAIN MOTION.
SOME COMMON, UH, SUBSIDIARY MOTIONS WOULD BE LIKE A MOTION TO AMEND.
SO YOU HAVE SOMETHING, SOMEONE MADE A MOTION, I MOVE THAT WE APPROVE, YOU KNOW, A, B, C, UH, SECOND.
AND THEN YOU HAVE DELIBERATION ON THAT MOTION TO APPROVE A, B, C.
AND THEN A PERSON, A, A, A MEMBER SAYS, I MOVE TO AMEND THE MOTION TO APPROVE TO ONLY APPROVE A AND B, BUT NOT C.
OKAY? SO THAT'S A MOTION TO AMEND.
AND, UM, THAT MOTION TO AMEND ALSO REQUIRES A SECOND FOR IT TO BE AN ACTIVE, UH, MOTION.
AND THEN YOU GET A SECOND ON IT, YOU KICK IT AROUND, YOU KNOW, TALK ABOUT IT.
IF THE MOTION TO AMEND PASSES, NOW THE ORIGINAL MOTION TO APPROVE A, B, C BECOMES AN AMENDED MOTION 'CAUSE IT GOT AMENDED TO NOW BE THE MOTION TO APPROVE AB, NOT C.
UH, IF THE MOTION TO AMEND, YOU KNOW, STRIPPING OUT C FAILS, THEN THE ORIGINAL MOTION REMAINS THE ORIGINAL MOTION BECAUSE IT WAS NOT AMENDED.
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ANOTHER COMMON SUBSIDIARY MOTION IS THE MOTION TO POSTPONE.THAT'S SIMPLY A MOTION TO JUST, LIKE I SAID, IT'S TO POSTPONE A CONSIDERATION OF THAT, UH, PROPOSED ACTION UNTIL THE NEXT REGULAR MEETING.
YOU KNOW, IF THE BOARD FEELS LIKE WE DON'T HAVE ENOUGH, UH, INFORMATION YET, UH, OR STAFF, YOU KNOW, UH, GETS ASKED SOME QUESTIONS THAT THEY WOULD LIKE SOME TIME TO COME BACK WITH ANSWERS, THEN, YOU KNOW, A MOTION TO POSTPONE WOULD BE APPROPRIATE.
UM, THE MOTION TO POSTPONE COMES IN TWO VARIETIES.
UH, ONE IS POSTPONED UNTIL A TIME CERTAIN, AND THAT CAN BE NO LATER THAN THE NEXT REGULAR MEETING.
OR THERE IS SUCH A THING AS A MOTION TO POSTPONE INDEFINITELY, WHICH IS BASICALLY JUST, HEY, A WAY TO KILL THAT MAIN MOTION WITHOUT EVER HAVING IT COME UP FOR A VOTE TO KILL.
'CAUSE IF YOU POSTPONE IT INDEFINITELY, IT'S JUST POSTPONED WELL INDEFINITELY.
IT NEVER COMES BACK, BUT IT'S NEVER ACTED ON.
IT'S NEVER VOTED ON, AND SO THEREFORE, IT'S NEVER APPROVED.
AND SO IT DIES THAT SLOW PAINFUL FOR DEATH.
UM, PLEASE DISTINGUISH THE MOTION TO POSTPONE FROM SOMETIMES YOU'LL HEAR A MOTION TO TABLE THAT IS WRONG.
IT'S INCORRECT TO USE A MOTION TO TABLE IN ORDER TO DELAY OR POSTPONE AN ITEM, A MOTION TO TABLE, OR ACTUALLY PROPERLY A MOTION TO LAY ON THE TABLE.
IT'S ACTUALLY A MOTION WHERE YOU HAVE, UH, A MAIN MOTION ON THE FLOOR AND THEN SOMETHING URGENT COMES UP THAT THE BODY NEEDS TO DEAL WITH, UH, BEFORE IT GETS BACK TO THE MAIN MOTION, THE BUSINESS AT HAND.
AND SO IT'S A MOTION JUST TO LAY THIS CURRENT ITEM ON THE TABLE.
WE'LL DEAL WITH THIS URGENT THING, YOU KNOW, AND THEN WE'LL GET BACK TO THIS, THIS ITEM, GIVEN THAT, YOU KNOW, THESE BODIES, THE BODIES THAT I AM COUNSELED TO, UH, ARE, ARE BOUND BY THE TEXAS OPEN MEETINGS ACT.
AND YOU GUYS CAN ONLY TALK ABOUT STUFF THAT'S ON THE AGENDA.
YOU'RE NEVER GONNA HAVE THAT URGENT ITEM THAT COMES UP THAT WASN'T POSTED ON THE AGENDA THAT YOU HAVE TO TAKE CARE OF, YOU KNOW? SO YOU WOULD NEVER NEED TO RELAY ANYTHING ON THE TABLE.
YOU KNOW, YOU'LL NEED TO POSTPONE ITEMS IF YOU WANT MORE TIME AND STUFF.
SO, UH, SO IF YOU TAKE ONE THING AWAY FROM THIS TRAINING, PLEASE DO NOT USE THE MOTION, THE TABLE, UH, CORRECTLY.
AND THEN, UH, THE MOTION TO SUSPEND THE RULES, THAT'S A KIND OF A BROAD MOTION THAT JUST ALLOWS THE BODY TO DO SOMETHING THAT OTHERWISE WOULD NOT BE, UH, PROPER UNDER ROBERT'S RULES OF ORDER.
UM, SO WE COMMONLY SEE THE MOTION TO SUSPEND THE RULES USED TO TAKE AN ITEM OUT OF ORDER, YOU KNOW, SO MOVE TO SUSPEND THE RULES TO TAKE THIS LAST ITEM FIRST, BECAUSE THERE ARE FOLKS HERE WAITING TO TALK ABOUT IT AND JUST GET 'EM OUT OF THE WAY.
SO, YOU KNOW, SOMETHING ALONG THOSE LINES.
SO THE USUAL, MAKE A MOTION SECOND, YOU KNOW, VOTE ON IT.
UH, THERE'S ALSO THE MOTION TO MOVE THE PREVIOUS QUESTION.
YOU SOMETIMES HEAR THIS AS I CALL THE QUESTION, SOME FOLKS BELIEVE THAT, WELL, CALLING THE QUESTION OR MOVING THE PREVIOUS QUESTION, UH, IMMEDIATELY ENDS DEBATE, OKAY? AND GOES RIGHT TO A VOTE.
UH, SOME FOLKS THAT WILL CALL THE QUESTION HAVE A BELIEF THAT WELL, JUST THEIR ONE VOICE SAYING, I CALLED THE QUESTION, SHUTS DOWN DEBATE AND FORCES THE BODY TO MOVE TO A VOTE.
OKAY? A MOTION TO, UH, MOVE THE PREVIOUS QUESTION ACTUALLY IS A VERY SIGNIFICANT MOTION BECAUSE IT IS SHUTTING OFF THE VOICE OF THE MINORITY OF ALL THE FOLKS IN THE MINORITY.
IT'S MAY YOU GUYS ARE DONE, I DON'T WANNA HEAR ANYMORE FROM YOU.
IT'S NOT DEBATABLE, AND IT REQUIRES A TWO THIRDS VOTE, OKAY? SO IT REQUIRES A SUPER MAJORITY VOTE TO CUT OFF DEBATE ON A MOTION AND GO RIGHT TO A VOTE, BECAUSE YOU ARE ONCE AGAIN, STIFLING THE RIGHT OF THE, THE FOLKS IN OPPOSITION TO SPEAK THEIR MIND AND, AND, AND TALK AGAINST THAT PROPOSED ACTION.
AND THEN THE LAST, UH, SUBSIDIARY MOTION THAT I'LL COVER IS THE MOTION TO RECONSIDER.
THAT'S A MOTION ACTUALLY TO, UH, REVIVE AN ITEM THAT'S BEEN VOTED ON NOW, UH, DISPOSED OF.
BUT ONLY IF THAT ITEM WAS, UH, AT THE SAME MEETING.
YOU KNOW, THAT YOU WANNA MAKE THE MOTION ON, LIKE, IF YOU TAKE A VOTE ON AN ITEM, UH, AND THEN THE MEETING ADJOURNED AND YOU ARE DONE.
YOU'VE NOW LOST THE ABILITY TO MAKE A MOTION TO RECONSIDER.
BUT OTHERWISE, IF IT'S STILL DURING THE SAME MEETING, YOU VOTED ON SOMETHING, UH, AND THEN YOU THINK, OH GOSH, MAYBE THAT WAS TOO HASTY.
MAYBE WE DIDN'T CONSIDER SOME THINGS.
LET'S, LET'S REOPEN IT FOR DISCUSSION AND A NEW VOTE.
THEN YOU CAN DO A, MAKE A MOTION TO RECONSIDER.
ONE KEY POINT HERE IS THE MOTION TO RECONSIDER CAN ONLY BE MADE BY SOMEONE WHO WAS ON THE
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PREVAILING SIDE, SOMEONE WHO WAS ON THE WINNING SIDE.AND THAT MIGHT SEEM, WELL, THAT'S KIND OF AN ODD RULE.
WELL, NOT REALLY, BECAUSE IF, UH, IF AN ITEM, UM, LET'S SAY FAILS FIVE TO TWO, OKAY? UM, BUT THE TWO ARE LIKE REALLY, REALLY SORE ABOUT THAT I FAILING.
IF THEY HAVE THE RIGHT TO JUST KEEP MAKING A MOTION TO RECONSIDER AND BRING IT BACK, IT CAN KIND OF BOG DOWN THE WHOLE BODY.
AND SO THE MOTION TO RECONSIDER EXISTS IN THE RULES AS A WAY FOR THE BODY TO UNDO AN ACTION.
MAYBE THAT WAS TOO HASTY, BUT IT REQUIRES THAT SOMEONE BE ON THE WINNING SIDE TO MAKE THAT MOTION.
AND THEN, UM, MR. DOE? YES, SIR? CAN I ASK A QUESTION ON THAT? YES.
SO, UM, LIKE THE EXAMPLE YOU GAVE WAS, WAS A FIVE TO TWO VOTE, RIGHT? SO THAT'S THE MAJORITY VOTE.
UH, IS THAT RULE HOLD TRUE FOR SAY, A FOUR TO THREE VOTE? YES, ABSOLUTELY.
JUST AS LONG AS YOU'RE ON THE PREVAILING SIDE.
SO A FOUR TO THREE VOTE WOULD BE SUFFICIENT TO PREVAIL.
OKAY? AND THEN ON VOTING, IT MIGHT SEEM, UM, I DUNNO, JUST VERY INTUITIVE, BUT, UM, YOU USE AYE TO VOTE IN FAVOR, NAY TO VOTE AGAINST, AND THEN OBVIOUSLY A MOTION PASSES UPON RECEIVING, UH, MAJORITY, UH, AYE VOTES.
THIS IS ACTUALLY WHERE, UM, YOU MAY HAVE HEARD BEFORE THAT.
AND ABSTENTION KIND OF COUNTS LIKE A NO, IF YOU'VE EVER HEARD THAT.
THE REASON FOR THAT IS BECAUSE IF YOU HAVE THE FULL BODY HERE, OKAY, SEVEN, A MAJORITY OF SEVEN IS FOUR, YOU NEED FOUR I VOTES IN ORDER FOR A MEASURE TO PASS.
SO IT REALLY DOESN'T MATTER HOW THE, UH, THE OTHER THREE VOTE, THEY CAN VOTE NO, THEY CAN VOTE ABSTAIN, THEY CAN VOTE POLKA DOT, THEY CAN, SO LONG AS IT'S, YOU KNOW, UH, NOT AN I VOTE, IT'S NOT A VOTE THAT COUNTS TOWARDS THE MAJORITY.
SO THAT'S WHY REALLY ANY VOTE OTHER THAN A AN IYE VOTE IS REALLY GONNA COUNT AS A NO VOTE, BECAUSE IT DOESN'T COUNT TOWARDS THE REQUIRED MAJORITY IN ORDER TO ADOPT THAT MEASURE.
OKAY? UH, THE, THE FUND IS PART OF ALL THE CODE OF ETHICS.
SO THE, UH, YOU GUYS AS BOARD MEMBERS, UH, YOU ARE GOVERNED, UH, BY STATE LAW, LOCAL GOVERNMENT CODE CHAPTER 1 71.
AND ALSO, UH, IN THE CITY ORDINANCE, WE HAVE AN, AN ETHICS ORDINANCE.
UH, THAT'S IN CHAPTER TWO, ARTICLE TWO, DIVISION THREE.
UH, AND IT IS MADE SPECIFICALLY APPLICABLE TO, UH, THE, UH, MEMBERS OF THE EDC BOARD.
SO WHEN WE TALK ABOUT A CONFLICT OF INTEREST AND WE BREAK THAT DOWN, IT'S A CONFLICT OF, OF INTEREST.
AND SO, UH, YOU HAVE TO FIRST, UM, ONE INTEREST THAT YOU AS BOARD MEMBERS ALWAYS HAVE IS TO LOOK OUT FOR WHAT'S BEST FOR THE DEDC.
OKAY? THAT'S YOUR INTEREST, AND THAT REALLY SHOULD BE YOUR OVERRIDING INTEREST.
BUT IF YOU HAPPEN TO HAVE SOME SORT OF PERSONAL INTEREST IN A MATTER IN FRONT OF THE BOARD, THAT'S WHERE THE CONCEPT OF A CONFLICT OF INTEREST MIGHT ARISE.
AND SO THE, THE TWO-PRONGED, OR TWO PART TWO ELEMENT TESTS FOR A CONFLICT OF INTEREST IS TO GAUGE WHETHER YOU HAVE A SUBSTANTIAL INTEREST IN A, A MATTER THAT'S COMING BEFORE THE BOARD.
SO, UM, THAT SUBSTANTIAL INTEREST, ONCE AGAIN, TWO, TWO ELEMENTS TO IT.
FIRST, IF WE'RE TALKING ABOUT, UM, A SUBSTANTIAL INTEREST IN A BUSINESS ENTITY, LET'S SAY IT'S A BUSINESS ENTITY THAT THE BOARD IS LOOKING AT, MAYBE GRANTING SOME ECONOMIC INCENTIVES TO, OKAY, SO, SO HERE'S THE QUESTION.
DOES THAT BOARD MEMBER THAT'S AFFILIATED WITH THAT BUSINESS ENTITY SOMEHOW DOES THAT BOARD MEMBER HAVE A SUBSTANTIAL INTEREST IN THAT BUSINESS? WE JUDGE THAT BY SEEING IF EITHER ONE OF THESE, UH, TESTS IS MET FIRST 10% OWNERSHIP IN THAT BUSINESS, OR 15% FAIR MARKET VALUE OWNERSHIP IN THAT BUSINESS.
AND YOU'RE BASICALLY THE OWNERSHIP PRONG.
IF YOU MEET THAT, THEN YOU HAVE A SUBSTANTIAL INTEREST IN THAT BUSINESS.
OR IF IT'S A, UH, A MATTER COMING TO THE EDC BOARD THAT INVOLVES A A PIECE OF LAND REAL PROPERTY, UH, YOU WOULD HAVE A BOARD MEMBER WOULD HAVE A SUBSTANTIAL INTEREST IN THAT REAL PROPERTY IF THAT BOARD MEMBER HAS OWNERSHIP IN SAID PROPERTY WORTH AT LEAST $2,500.
OKAY? AND SO THAT WOULD BE, UM, MEETING THE SUBSTANTIAL INTEREST.
NOW, JUST BECAUSE YOU HAVE A SUBSTANTIAL INTEREST, UH, IN A PARTICULAR BUSINESS OR PROPERTY, DOESN'T NECESSARILY MEAN THAT YOU HAVE A CONFLICT OF INTEREST.
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THE, UH, DEDC ACTION PROPOSED ACTION, THE ACTION THAT, THAT WE'RE LOOKING AT WOULD HAVE A SPECIAL ECONOMIC EFFECT ON THAT BUSINESS ENTITY OR REAL PROPERTY THAT IS, UH, DISTINGUISHABLE FROM THE EFFECT OF THAT SAME EDC ACTION, UNLIKE THE REST OF THE BUSINESSES OR THE REST OF OF REAL PROPERTY FOR THE EDC, UM, I WOULD BE HARD PRESSED TO THINK OF A, UH, SITUATION WHERE EDC ACTION REGARDING A PARTICULAR BUSINESS OR PROPERTY WOULDN'T HAVE THAT SPECIAL ECONOMIC, UH, EFFECT.UH, THIS SECOND PRONG YOU SEE COME IN PLAY MORE WHEN IT'S A BODY LIKE THE CITY COUNCIL.
'CAUSE FOR EXAMPLE, WHEN THE CITY COUNCIL TAKES ACTION TO SET A TAX RATE, OKAY, A REAL PROPERTY TAX RATE, WELL, THAT ACTION 'CAUSE CITY COUNCIL MEMBERS HAVE TO, YOU KNOW, LIVE IN TOWN, THEY HAVE PROPERTIES IN TOWN, THEY'RE LITERALLY SETTING A TAX RATE ON THEIR OWN PROPERTY.
AND SO YOU LOOK AT THE PROPERTY, THE REAL PROPERTY PROBLEM, YEAH, THEY ABSOLUTELY HAVE A SUBSTANTIAL INTEREST IN THEIR OWN PROPERTY, BUT THAT THE, THE, THIS ACTION WOULD HAVE A SPECIAL ECONOMIC EFFECT ON THAT REAL PROPERTY, YOU KNOW, DIS, YOU KNOW, DISTINGUISHABLE FROM ON THE REST OF THE PROPERTIES IN TOWN THAT'S NOT MET BECAUSE THEY'RE SITTING IN THE SAME TAX RATE FOR EVERYBODY.
SAME THING IS IF THEY WERE TO LIKE ADOPT THE ZONING MAP, YOU KNOW, OR, OR ANYTHING LIKE THAT.
YOU SEE MORE, UH, COME AND PLAY WITH LIKE, LIKE A, YOU KNOW, THE GOVERNING BODY OF THE CITY VERSUS THE EDC.
SO, UM, HOW FAR IN YOUR FAMILY? AH, THAT'S A GOOD QUESTION.
SO, UH, IF YOU ARE FOUND TO HAVE THAT CONFLICT OF INTEREST, MEANING YOU HAVE THIS SUBSTANTIAL INTEREST AND THE PROPOSED ACTION WOULD HAVE THAT, UH, SPECIAL ECONOMIC EFFECT, THEN THERE ARE CERTAIN DUTIES THAT ARE TRIGGERED.
AND, UH, UH, LIKE THE QUESTION, UH, THIS APPLIES, UH, NOT JUST TO THE BOARD MEMBERS, BUT ALSO TO A RELATIVE OF THE BOARD MEMBER TO TWO DEGREES OF CONSANGUINITY OR AFFINITY, MEANING BLOOD OR MARRIAGE, TWO DEGREES AND SO, AND DEGREES, YOU KNOW, HOW, HOW THEY WORK IS, IF YOU THINK OF LIKE A FAMILY TREE, YOU KNOW, UH, LIKE PARENTS, YOU KNOW, DOWN TO KID, THAT'S ONE DEGREE.
SO YOU ARE RELATED TO YOUR BROTHER, YOUR SIBLING BY TWO DEGREES BECAUSE YOU'D GO UP FROM YOU, YOU'D GO UP ONE LEG TO YOUR PARENTS AND THEN DOWN ONE LEG TO YOUR SIBLING.
SO THAT'S HOW YOU COUNT DEGREES.
SO THE DUTIES THAT ARE TRIGGERED, IF A CONFLICT OF INTEREST EXISTS, UH, FIRST THE CONFLICTED, UH, BOARD MEMBER HAS TO FILE AN AFFIDAVIT.
IT'S JUST AN AFFIDAVIT THAT, UH, SETS OUT THE NATURE OF THE INTEREST, UH, FILES THAT WITH THE CITY SECRETARY, AND THEN THE CONFLICTED MEMBER MUST LEAVE THE MEETING ROOM, UH, WHEN THAT ITEM COMES UP.
SO, NO PARTICIPATION IN THE DISCUSSION, CERTAINLY NOT IN THE VOTE ON THE MATTER.
UH, AND THEN, AS I ALWAYS SAY, EVEN WHEN THERE'S NOT A LEGAL CONFLICT OF INTEREST TO TRIGGER THESE REQUIRED, UM, DUTIES, SOMETIMES, FOR EXAMPLE, IF YOU OWN, UM, IF YOU HAVE OWNERSHIP IN A BUSINESS, YOU KNOW, ENTITY, BUT IT'S NOT THE 10% THAT, IT'S NOT THE 15,000, OKAY? BUT YOU DO HAVE SOME OWNERSHIP.
MAYBE YOU WORK FOR THE BUSINESS, YOU KNOW, UM, SOMETIMES JUST VOLUNTARILY RECUSING YOURSELF FROM THE CONSIDERATION.
IS, IS A WISE THING TO DO, JUST TO AVOID THAT MERE APPEARANCE OF IMPROPRIETY.
SOME OTHER, UH, ETHICAL RESTRAINTS JUST TO, UH, KEEP IN MIND, THERE'S A STATE LAW THAT PROHIBITS ACCEPTING ANY ITEM WORTH $50 OR MORE, MEANING LIKE AN ACTUAL ITEM, YOU KNOW, NON, NON-CASH, UH, IF IT'S CASH MONEY OR MONEY EQUIVALENT LIKE GIFT CARD, ANY AMOUNT OF THAT WOULD TRIGGER THAT, THAT PROHIBITION.
UH, AND THEN UNDER THE CODE OF ETHICS, UH, YOU CANNOT ACCEPT, UH, A GIFT IN THE WAY IT'S WRITTEN.
IS THAT A GIFT THAT MIGHT REASONABLY TEND TO INFLUENCE, YOU KNOW, THE, UH, THE OFFICER IN THE DISCHARGE OF THAT PERSON'S DUTIES, UH, CAN'T REPRESENT OR APPEAR ON BEHALF OF SOMEONE, UH, BEFORE ANY CITY BODY, AND THEN CANNOT USE YOUR POSITION TO SECURE, UH, SPECIAL PRIVILEGES, UH, CANNOT DISCLOSE CONFIDENTIAL INFORMATION.
UH, AND AS I ALWAYS SAY, IF IN DOUBT, PLEASE LET ME KNOW I'M AVAILABLE.
[00:30:01]
OUT.UM, YOU KNOW, YOU CAN CALL ME, SEND ME AN EMAIL, HEY, I'VE GOT THIS POTENTIAL CONFLICT SITUATION.
CAN WE TALK ABOUT IT? HAPPY TO HELP.
OKAY, LAST PART, UH, JUST TO GO OVER, UH, CERTAIN OPEN GOVERNMENT REQUIRE REQUIREMENTS THAT APPLY TO THE EDC.
NOW, OF COURSE, THE FIRST THING THAT YOU'RE GONNA THINK OF IS, WELL, WAIT A MINUTE.
YOU JUST TOLD US THAT WE ARE A PRIVATE CORPORATION, A NONPROFIT CORPORATION, NOT A GOVERNMENTAL ENTITY.
YOU ARE NOT A GOVERNMENTAL ENTITY.
THE USUAL LAWS THAT APPLY TO GOVERNMENTAL ENTITIES DON'T APPLY TO YOU.
FOR EXAMPLE, UH, THE CITY BEING A GOVERNMENTAL ENTITY HAS TO GO THROUGH PROCUREMENT, YOU KNOW, STANDARDS AND PROCUREMENT LAWS AND, AND, AND, AND, UH, METHODS OF, UH, BASICALLY SECURING CITY CONTRACTS.
THE EDC DOES NOT 'CAUSE THE EDC IS NOT A, A GOVERNMENTAL BODY, HOWEVER, UM, SPECIFICALLY CHAPTER 5 0 1 OF THE LOCAL GOVERNMENT CODE, UH, SAYS THAT THE EDC, HOWEVER, HAS TO COMPLY WITH THE TEXAS OPEN MEETINGS ACT AND THE, UH, THE TEXAS PUBLIC INFORMATION ACT.
SO THOSE ARE TWO STATUTES THAT, UH, APPLY TO GOVERNMENT ENTITIES.
BUT THE CHAPTER ON EDC CORPORATIONS, UM, SPECIFICALLY SAYS THAT, THAT Y'ALL HAVE TO COMPLY WITH THOSE.
SO THAT'S WHY WE HAVE THE WHOLE POSTING REQUIREMENT AND HAVING THE AGENDA AND, AND THAT SORT OF THING.
THE, THE, UH, OPEN MEETINGS ACT.
SO THIS ACT REQUIRES THAT MEETINGS ARE PUBLIC, YOU KNOW, AND THE NOTICE FOR, UH, THESE MEETINGS HAVE TO BE POSTED IN ADVANCE.
UH, THE ACT DEFINES THE MEETING AS CONSISTING OF A QUORUM OF THE BODY.
AND SO, UM, WHICH IS WHY YOU CAN'T GATHER, YOU KNOW, IN NUMBERS CONSTITUTING A QUORUM.
SO BASICALLY, FOUR OR MORE OF Y'ALL CANNOT GET TOGETHER SOMEWHERE AND TALK EDC BUSINESS, UH, WITHOUT COMPLYING WITH TOMA, WITHOUT THE POSTING OF NOTICE AND MAKING SURE IT'S PUBLIC AND, AND THAT SORT OF THING.
UH, SECONDLY, YOU CANNOT DELIBERATE MEANING TALK ABOUT EDC BUSINESS IN NUMBERS, LESS THAN A QUORUM WITH THE INTENT TO ESCAPE THAT OPEN MEETING REQUIREMENT.
THIS IS WHAT'S KNOWN AS A, A WALKING QUO.
UM, YOU MIGHT FIND YOURSELF, YOU KNOW, IN THE COMPANY OF A FEW OF YOUR FELLOW BUDDIES ON THE EDC BOARD IN A SOCIAL SETTING SOMEWHERE.
JUST MAKE SURE THAT YOU'RE NOT TALKING ABOUT CITY BUSINESS, I'M SORRY, EDC BUSINESS.
AND THEN, UH, WE ON STAFF, WE TRY, WHENEVER WE SEND OUT EMAILS TO THE BOARD MEMBERS, WE TRY TO PUT THE BOARD MEMBERS EMAIL ADDRESSES IN THE, AT LEAST I DO, IN THE, UH, BLIND COPY, UH, LINE.
SO THAT WAY IT AVOIDS THE INADVERTENT REPLY ALL WHEN DISCUSSING EDC BUSINESS, BECAUSE THEN THAT REPLY, ALL THAT COULD BE POINTED TO US, HEY, THAT'S DELIBERATION RIGHT THERE.
THEY, YOU KNOW, IT'S A WRITTEN COMMUNICATION, TALK ABOUT EDC BUSINESS, AND IT WASN'T IN A MEETING AND STUFF.
SO, SO THAT'S SOMETHING YOU CANNOT DO, CANNOT DIS DISCUSS BUSINESS VIA EMAIL.
AND SO BETTER TO HAVE Y'ALL'S EMAIL ADDRESSES IN THE BC, C LINE SO THAT, YOU KNOW, DOESN'T HAPPEN INADVERTENTLY.
AND THEN THE REQUIREMENTS REGARDING THE AGENDA, YOU KNOW, IT'S GOTTA BE POSTED IN ADVANCE.
UH, YOU KNOW, THREE BUSINESS DAYS BETWEEN THE DAY OF POSTING AND THE DATE OF THE, OF THE, UH, MEETING.
AND THE POINT OF THE AGENDA IS TO LIST OUT ALL THE TOPICS THAT THE BOARD WILL BE DISCUSSING, BECAUSE THAT WAY MEMBERS OF THE PUBLIC CAN LOOK AT AN AGENDA FOR AN UPCOMING MEETING, READ THE TOPICS AND SAY, OKAY, UH, NOTHING THERE I NEED TO SHOW UP FOR TO GIVE MY THOUGHTS.
AND THAT'S THE WHOLE POINT OF THAT, YOU KNOW, POSTED AGENDA.
SO THAT'S ALSO WHY THE BODY HAS TO STICK TO TALKING ABOUT WHAT'S ON THE POSTED AGENDA.
AND THEN, UM, SO MEETINGS ARE PRESUMED TO BE PUBLIC, AND YOU'RE REQUIRED TO DELIBERATE AND HAVE THE DISCUSSIONS AND, AND THAT SORT OF THING IN PUBLIC.
UH, TOOMA DOES PROVIDE FOR NARROW EXCEPTIONS TO THAT PUBLIC DISCUSSION REQUIREMENT, UH, BY WAY OF AUTHORIZING WHAT'S CALLED A CLOSED SESSION.
YOU MIGHT SEE IT AS AN EXECUTIVE SESSION, BUT THAT'S THE PORTION OF THE MEETING WHERE IT'S JUST THE, THE BODY, YOU KNOW, WITH CERTAIN STAFF, UH, TALKING ABOUT SOME MATTERS BEHIND CLOSED DOORS.
AND MEMBERS OF THE PUBLIC DON'T HAVE THE RIGHT TO BE THERE TO LISTEN IN.
UM, AND SO THE, THE PROVISIONS IN TOMA THAT ALLOW FOR THAT IS REALLY TO, UH, KIND OF WEIGH THE, UH, THE BALANCING BETWEEN, UH, THE PUBLIC'S RIGHT TO KNOW, YOU KNOW, HOW THEIR GOVERNMENTAL ENTITIES WORK, UH, VERSUS THE, UH, WHAT'S BEST FOR THAT, THAT ENTITY.
BECAUSE IF YOU ARE CONSULTING WITH YOUR ATTORNEY ABOUT PENDING LITIGATION, WELL, YOU DON'T WANT MEMBERS
[00:35:01]
OF THE PUBLIC AND POTENTIALLY THE OTHER LITIGANT THERE.YOU KNOW, IF YOU'RE TALKING ABOUT, UH, LEGAL ADVICE, YOU KNOW, AND THAT SORT OF THING, YOU DON'T WANT OTHER FOLKS THAT MIGHT BE ADVERSE TO THE ENTITY TO HEAR THAT.
AND SO THEREFORE YOU HAVE THAT ALLOWANCE TO, UH, GO BEHIND CLOSED DOORS AND CONSULT WITH YOUR ATTORNEY.
UH, YOU ALSO HAVE THE ALLOWANCE TO DELIBERATE REGARDING, UH, REAL PROPERTY NEGOTIATIONS.
YOU KNOW, IF THE BODY IS LOOKING AT POTENTIALLY, UH, SAY PURCHASING OR SELLING, YOU KNOW, REAL PROPERTY, THEN IT MAKES SENSE TO ALLOW THE BODY TO HAVE THOSE DISCUSSION BEHIND CLOSED DOORS SO THAT THE POTENTIAL BUYER OR SELLER ON THE OTHER SIDE IS NOT THERE TO HEAR, HEY, WHAT'S THEIR MAX PRICE? WHAT'S THE LOWEST PRICE TO DO, YOU KNOW, THINGS LIKE THAT.
UM, IT'S ALSO THE ALLOWANCE TO MEET BEHIND CLOSED DOORS ON PERSONNEL MATTERS, TO TALK ABOUT, UH, OFFICERS OF THE CORPORATION OR EMPLOYEES.
ACTUALLY, YOU GUYS DON'T HAVE ANY EMPLOYEES.
UM, YOU KNOW, UH, DAVE AND CAITLYN ARE CITY EMPLOYEES THAT PROVIDE SERVICES TO THE EDC, BUT THE EDC ITSELF DOES NOT HAVE ANY EMPLOYEES.
AND THEN, UM, THE LAST MAIN ONE THAT WE WOULD SEE, UH, THAT WE WOULD USE TO GO BEHIND CLOSED DOORS WOULD BE, UH, DELIBERATIONS REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS.
AND THERE, ONCE AGAIN, IT'S WHERE THERE IS A PROSPECT THAT THE EDC STAFF, THEY'RE LOOKING AT, UH, NEGOTIATING WITH AND WANT TO BRING TO THE BOARD TO SAY, HEY, WE'RE LOOKING AT THIS.
YOU KNOW, WOULD YOU GUYS BE ON BOARD WITH THIS KIND OF, UH, INCENTIVE AND SUCH? AND SO IT'S TO TALK ABOUT THOSE NEGOTIATIONS WHERE ONCE AGAIN, YOU WOULD NOT WANT TO SHOW YOUR CARDS, YOU KNOW, TO THE OTHER SIDE THAT YOU'RE NEGOTIATING WITH.
SO THOSE ARE THE, THE TOPICS THAT YOU WOULD SEE US USE TO GO BEHIND CLOSED DOORS.
AND ONCE YOU'RE BEHIND CLOSED DOORS, I MEAN, THE, THE DISCUSSIONS WOULD NEED TO, YOU KNOW, STAY ON TOPIC, UH, TO BE CONSISTENT WITH TOMA AND THE RIGHT TO GO BEHIND CLOSED DOORS.
UH, KEEP IN MIND PLEASE, THAT, UH, TOOMA PROVIDES CRIMINAL SANCTIONS FOR VIOLATIONS.
UM, SO DEFINITELY DON'T WANT, UH, ANY PART OF THAT.
AND, UH, THE EDC BOARD MEMBERS, UH, YOU GUYS ARE SUPPOSED TO COMPLETE THE OPEN MEETINGS TRAINING.
THERE IS A SUPER FUN VIDEO, UH, FROM THE AGS OFFICE ONLINE THAT Y'ALL CAN WATCH.
UH, NOT QUITE AS FUN AS THIS TRAINING, BUT ALMOST, UH, YOU SHOULD DO THAT WITHIN 90 DAYS OF TAKING OFFICE.
AND THEN THE SECOND, UM, GOVERNMENTAL STATUTE THAT ALSO APPLIES TO YOU GUYS IS THE TEXAS PUBLIC INFORMATION ACT, UH, ALSO KNOWN AS THE OPEN RECORDS ACT, BUT THAT'S AN OLD NAME.
SO, IN SHORT, THE, WHAT THIS STATUTE SAYS IS THAT BASICALLY THE RECORDS THAT ARE HELD BY THE EDC, BY THE BOARD, BY INDIVIDUAL BOARD MEMBERS, ALL OF THOSE RECORDS THAT RELATE TO EDC BUSINESS, THERE IS A PRESUMPTION THAT THEY ARE PUBLIC, THAT THEY ARE FOR PUBLIC CONSUMPTION.
UM, AND SO IF YOU HAVE SUCH RECORDS WITHOUT REGARD TO ON WHAT DEVICE SUCH RECORD IS HELD OR KEPT OR STORED, MEANING IT DOESN'T MATTER IF IT'S YOUR PERSONAL LAPTOP, YOUR PERSONAL PHONE, WHATEVER, IF YOU HAVE SUCH RECORD, THEY ARE SUBJECT TO STATE RETENTION GUIDELINES AND THEY ARE SUBJECT TO, UH, A REQUEST A PUBLIC INFORMATION, UH, REQUEST OR PIR, UM, TO GET A COPY OF THAT RECORD.
SO THE CITY, UH, THROUGH THE CITY, UH, SECRETARY'S OFFICE HANDLES, UH, PIS AND HOW THEY ARE RESPONDED TO.
AND SO IF THERE'S A PIR THAT COMES IN THAT SAYS, HEY, I WANT, YOU KNOW, COPIES OF, YOU KNOW, TEXT MESSAGES FROM, YOU KNOW, MR. SPIES TO TWO DAVE ABOUT SUCH AND SUCH PROJECT, THAT WOULD BE PUBLIC INFORMATION.
BUT THE WAY THAT THE CITY WOULD HANDLE THAT IS CITY SECRETARY'S OFFICE WOULD ASK DAVE AND MR. SPES, CAN YOU PROVIDE US COPIES OF THOSE TEXT REC OF THOSE, UH, TEXT MESSAGES? UM, YOU KNOW, THERE IS SOMETIMES I'VE ENCOUNTERED THE FEAR OF, OH MY GOSH, IF THEY ASK FOR THAT, THEN THAT MEANS THAT THE CITY'S GONNA COME AND GRAB MY PERSONAL PHONE AND LOOK THROUGH.
NO, WE'RE NOT DOING ANY OF THAT STUFF.
IN FACT, THE LAW, UH, SAYS THAT IF YOU USE YOUR PERSONAL DEVICES TO CONDUCT OFFICIAL BUSINESS, THEN YOU ARE DESIGNATED ANOTHER LAW TO BE A TEMPORARY CUSTODIAN OF THOSE RECORDS.
AND SO THEREFORE IT IS, THERE'S A LEGAL DUTY ON YOU TO MAINTAIN THOSE RECORDS AND NOT DESTROY 'EM, OR, YOU KNOW, OTHERWISE HIDE THEM.
BUT THAT JUST MEANS THAT, OKAY, IF THIS, IF THOSE THINGS ARE ASKED FOR, THEN YOU GOTTA COUGH IT UP, BUT NO ONE'S TAKING YOUR DEVICES, YOUR PERSONAL DEVICES, AT LEAST TO GO THROUGH THEM.
IF YOU'RE ISSUED, YOU KNOW, EDC DEVICES, THEN YEAH, YOU DON'T OWN THOSE, YOU DON'T HAVE AN EXPECTATION OF PRIVACY IN THOSE.
AND SO WE CAN CERTAINLY, HEY, TURN THAT IN, WE'RE GONNA LOOK THROUGH IT,
[00:40:01]
AND THEN, UM, JUST BECAUSE A PIR IS IS FILED DOES NOT MEAN THAT RESPONSIVE DOCUMENTS AUTOMATICALLY GET SENT TO THE REQUESTER.THERE ARE SOMETIMES EXCEPTIONS TO DISCLOSURE THAT WILL APPLY.
AND WHEN THAT HAPPENS, THEN WE WILL SEEK, UH, CONFIRMATION WITH THE AGS OFFICE THAT WE, UH, THAT SUCH EXCEPTION APPLIES, AND WE DON'T HAVE TO, UH, COUGH UP THE RECORDS.
SO YOU SAID WE'RE A TEMPORARY CUSTODIAN OF THE DATA.
WHEN DOES THAT EXPIRE? UH, WELL, YOU CAN, IF YOU SEND THAT DATA TO THE CITY, YOU KNOW, FOR EXAMPLE, IF YOU HAVE AN, UH, AN, AN EMAIL ON YOUR YAHOO ACCOUNT, CORRECT? CORRECT.
WHERE YOU CONDUCTED BUSINESS FOR THAT TO CITY TO STAFF, WHATEVER, AND THEN THAT GETS MAINTAINED IN OUR EMAIL SYSTEM THAT AS A BACKUP, ONCE YOU DO THAT, YOU CAN DELETE YOUR EMAIL.
'CAUSE NOW IT'S NOT THE ONLY COPY ANYMORE.
OKAY? SO THAT IS A WAY THAT YOU CAN JUST MAINTAIN THAT AND JUST KIND OF WASH YOUR HANDS OF IT.
YOU KNOW, IF YOU BASICALLY DUPLICATE THAT RECORD AND SEND IT INTO THE CITY'S OFFICIAL SYSTEM, THEN NOW IT EXISTS IN THE CITY'S OFFICIAL SYSTEM.
IS THAT PUBLIC RECORD? I, THIS IS THE, THE AGENDA FOR TONIGHT, OR OH, ABSOLUTELY.
SO DON'T TAKE 'EM HOME AND NO, IT'S, IT'S PUBLIC RECORD.
I MEAN, THEY COULD COME TO ME AND GET THOSE, WELL, THEY COULD ALSO GO TO THE WEBSITE AND, AND GET THOSE AND STUFF, SO, OKAY.
BUT NO, THE, THAT'S FOR PUBLIC CONSUMPTION, YOU KNOW, SO.
AND THEN ALSO UNDER THE, UH, THE PIA, THIS IS ALSO ANOTHER TRAINING THAT, THAT, THAT THE BOARD MEMBERS HAVE TO TAKE WITHIN 90 DAYS OF TAKING OFFICE.
OKAY, OUR NEXT ITEM IS ITEM NUMBER FOUR.
NO, ACTUALLY I LIKE GOING THROUGH THAT BECAUSE IT REMINDS ME OF HOW I'M SUPPOSED TO RUN BE ITEM NUMBER FOUR.
UH, WE WILL MAKE OUR WAY INTO EXECUTIVE SESSION, THE OFFICIAL TIME.
WHEN YOU CLOSE CONVENE TO EXEC SESSION.
UH, IF YOU CAN IDENTIFY THE SECTION THAT YOU'RE GOING.
SO YOU ARE NOW CONVENE TO CLOSE SECTION PURSUANT TO SECTION 4.8.
FIVE POINT NO, FOUR POINT A, NO.
[4. EXECUTIVE (CLOSED) SESSION(S ]
CONVENE TO CLOSE SESSION, CLOSE SESSION, SECTION 5 5 1, UNDER SECTION 5 5 1 0.087 DE DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS, DELIBERATION REGARDING CURRENT AND PERSPECTIVE ECONOMIC DEVELOPMENT PROJECTS AND RELATED NEGOTIATIONS.OFFICIAL TIME 6:14 PM OKAY, WE
[5. ACTION ITEMS FROM EXECUTIVE (CLOSED) SESSION(S ]
ARE BACK FROM E EXECUTIVE SESSION.NEXT ITEM, CONSIDERATION FOR POSSIBLE ACTIONS REGARDING CURRENT PERSPEC PERSPECTIVE, ECONOMIC DEVELOPMENT, PROJECTS RELATED NEGOTIATIONS.
NEXT ITEM IS WE WILL ADJOURN THE BOARD MEETING.