Council Subcommittee

MINUTES OF THE GILBERT TOWN COUNCIL SUBCOMMITTEE ON CODE OF ETHICS, IN SPECIAL MEETING OF WEDNESDAY, MARCH 8, 2023 AT 1:45 P.M., GILBERT MUNICIPAL CENTER I, COMMUNITY ROOM 202, 50 E CIVIC CENTER DRIVE, GILBERT, ARIZONA COUNCIL PRESENT: Subcommittee Chair/Councilmember Scott Anderson, Vice Mayor Kathy Tilque and Councilmember Jim Torgeson COUNCIL ABSENT: None STAFF PRESENT: Town Attorney Chris Payne, Town Manager Patrick Banger, Town Clerk Chaveli Herrera, and Council Aide Monica D'Ortenzio CALL TO ORDER Town Clerk Herrera called the meeting to order at 1:48 p.m. ROLL CALL Town Clerk Herrera called roll and declared a quorum present. AGENDA ITEMS 1. Selection of Subcommittee Chair. A MOTION was made by Vice Mayor Tilque, seconded by Councilmember Torgeson to nominate Councilmember Scott Anderson as Chair of the Subcommittee. Motion carried 3-0. 2. Overview of purpose of Subcommittee and applicable laws, codes, and policies. 1 Town Attorney Payne provided background information on the current Code of Ethics Policy as well as the recent revision to the policy in November 2021. He confirmed that the process for handling Code of Ethics complaints would be outside any current processes found in Conflicts of Interests and similar areas of scope. He reminded the Subcommittee that he did research on what other municipalities did and presented the information at a previous retreat and offered to share the information again. He asked the Subcommittee for their direction on how they would like to proceed regarding the scope of work. 3. Discussion of scope of work. Vice Mayor Tilque spoke about the need of identifying what was important to the process and understanding how those could be incorporated. Chair Anderson asked what the difference would be whether this process was found in a Policy or Code. Town Attorney Payne talked about the order of process and stated that adding it to Code would provide more force but effectively it would be the same in practice. Vice Mayor Tilque stated she did not believe it would need to be in Code and discussed it being more about a policy and overall expectation of behavior and talked about Codifying the process feeling too rigid. Town Attorney Payne outlined what other cities had done in his research related to policy versus codification. He stated that the process would not apply to anyone outside of elected officials and he felt it may not make sense to be in Code. Chair Anderson asked if new elected officials were offered training on this to which Town Clerk Herrera responded that there was not a specific training provided on the Code of Ethics Policy. There was discussion on consistency in training and providing resource materials. Town Clerk Herrera stated that the Clerk’s office would be utilizing SharePoint in the near future to share Council related information and felt it would be a great resource going forward. Councilmember Torgeson stated the intent would not be to weaponize the process and asked for clarification on any current penalties in place. Town Attorney Payne explained penalties could be assessed but the only penalty as of now was censure. Councilmember Torgeson discussed accountability and enforcing something that “stings a little” and talked about the overall struggle to develop something that was trying to codify kindness and truthfulness. Chair Anderson further discussed the issue with censuring and not wanting to censure for every little thing. Vice Mayor Tilque stated there needed to be clear definitions and talked about the 2 option to try and resolve the problem before it rose to the level of a formal complaint and impacted the entire Council and residents. There was discussion on a possible mediation opportunity and Vice Mayor Tilque stated in doing so, it would make the process and all players accountable with a well-thought-out process. Councilmember Torgeson spoke in support of the idea and stated the Town Attorney would need to be part of that process. There was additional discussion on quorum concerns and open discussions. Vice Mayor Tilque talked about the potential for a mediation training being provided to Councilmembers so those who took it could assist in the process. Town Attorney Payne explained some of the other ways cities processed Code of Ethics complaints and talked about methods in dealing with frivolous claims and entering a time limit, he stated that some cities had ethics commissions set up to investigate complaints as an independent Board. Vice Mayor Tilque discussed some of the criticism in dealing with outside investigations and liked the idea of a mediation and an ethics committee which would serve as the second phase after mediation. Councilmember Anderson spoke in support of a standing ethics committee and discussed specific training for those members and varying levels of expertise. There was discussion on what the reporting or process would be for an ethics committee. There was also discussion on whether the process would mirror the same requirement as putting an item on an agenda. Vice Mayor Tilque spoke about the public process and there being an understanding from the public on what happened to the complaints. Councilmember Torgeson spoke in agreement with a public process and citizens appreciating being heard and therefore accepting findings easier and with understanding. Town Attorney Payne informed the Subcommittee on the reason to initial change the caveat of requiring three councilmembers to add an item to the agenda from former Councilmember Hendrix. There was discussion on the complaints automatically coming to Council on an agenda and Vice Mayor Tilque asked if doing so would cause more harm to the complainant. She talked about the many reasons why complaints may be filed and Councilmember Torgeson talked about the many levels in place to address various complaints. There was additional discussion on process involving recommendations from a potential ethics committee. Vice Mayor Tilque emphasized the importance of “closing the loop”. 3  Town Attorney Payne stated he would send the existing policy and links to other municipalities’ policies. There was discussion on potential penalties and Councilmember Anderson expressed concern in adding penalties that may violate or conflict with state law. Vice Mayor Tilque discussed the creation of a list of potential actions they could take. Town Attorney Payne discussed penalties such as suspension and expulsion and being cognizant of other requirements of other agenda items and votes such as seen on major general plans. Councilmember Torgeson spoke in agreement in ensuring any actions do not affect the business of the meeting. Town Attorney Payne stated it was important to understand what could rise to the level of an ethics complaint and discussed ethical conduct. There was discussion on habitual complaints and opportunities to turn a negative interaction into a positive one and of the importance in communicating. 4. Discussion on next steps. Town Attorney Payne stated he would send a spreadsheet with similar policies from other municipalities as well as the current Gilbert Policy. There was discussion among the Subcommittee to work through the documents and processes on their own and then send findings to Town Attorney Payne to compile and share with the group. Town Clerk Herrera mentioned that there would need to be a decision on where the complaint process begins and if it remained with the Town Clerk to initiate and coordinate mediation opportunities and similar. Vice Mayor Tilque asked Town Attorney Payne if he could use the information from today’s meeting on a draft policy, to which he confirmed. The next meeting date was scheduled for March 29, 2023, at 2:00 p.m. ADJOURN Subcommittee Chair Anderson adjourned the meeting at 3:10 p.m. ATTEST: ___________________________ ___________________________________ Scott Anderson, Chair Chaveli Herrera, Town Clerk 4 CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the special meeting of the Subcommittee on Code of Ethics of the Town of Gilbert held on the 8th day of March, 2023. I further certify that the meeting was duly called and held and that a quorum was present. Dated this ____ day of ____________________2023. ___________________________________ Chaveli Herrera, Town Clerk 5