Council Subcommittee

MINUTES OF THE GILBERT TOWN COUNCIL SUBCOMMITTEE ON CODE OF ETHICS, IN SPECIAL MEETING OF WEDNESDAY, JANUARY 31, 2024 AT 1:00 P.M., GILBERT MUNICIPAL CENTER I, COMMUNITY ROOM 202, 50 E CIVIC CENTER DRIVE, GILBERT, ARIZONA COUNCIL PRESENT: Subcommittee Chair Vice Mayor Scott Anderson, Councilmember Kathy Tilque and Councilmember Jim Torgeson COUNCIL ABSENT: None STAFF PRESENT: Town Attorney Chris Payne and Town Clerk Chaveli Herrera CALL TO ORDER Chair Anderson called the meeting to order at 1:04 p.m. ROLL CALL Town Clerk Herrera called roll and declared a quorum present. AGENDA ITEMS 1. Consider approval of the minutes of the Subcommittee on Code of Ethics Meeting of October 12, 2023. A MOTION was made by Councilmember Tilque, seconded by Councilmember Torgeson, to approve the minutes of the Subcommittee on Code of Ethics Meeting of October 12, 2023. Motion carried 3-0. 2. Discussion on Code of Ethics Policy and process. 1 Town Attorney Payne stated the subcommittee was considering adding another step into the ethics process. He discussed the current process and addressed the new concept was to add an initial review to determine if the complaint met the minimum threshold. He stated that person should not be Town staff and went over the minimum standards a complaint should contain. He added that if it did not meet the minimum standards then it would go to the Town Clerk who could then reject the claim. He discussed Section II of the Ethics Handbook covering the current complaint process, and the new idea that would be to review the claim before time and expense were incurred. Councilmember Tilque stated she thought that past ethics complaints could have been resolved with a one on one meeting with both parties. She also stated she thought the mediator would have brought both parties into the room to work things out and the mediator was there to help with that. Councilmember Torgeson stated that if someone was argumentative then meeting one person at a time was better than having both people in the room together. He added that if both parties were on the same page being in a room together to work through the issue would have been good. Town Attorney Payne explained what mediation was and how the process would normally be handled and, gave a sample scenario to clarify his point. Discussion was held regarding adding a “firewall” into the process for a Code of Ethics complaint to prevent it from being used incorrectly. The consensus was that a “firewall” should be established after the conversation, not before. There was concern that Ethics complaints could be used as a political ploy and It was suggested that two members should review the complaint to avoid making it a personal issue against someone. Councilmember Tilque said she would consider rescinding the Code of Ethics policy and talked about the process that already exists with the Arizona Attorney General. Vice Mayor Anderson spoke in support and stated they were outside of best practices by doing what they were currently doing. 2 Town Attorney Payne explained that a firewall limited who could file per Code of Conduct and Council was limited in how they could police each other. He added that violations of state law would go to the Attorney General’s office including issues like conflicts of interest but stated there could be ethical behavior that the Attorney General would not investigate. Councilmember Tilque asked to wait and see how the current complaint was finalized before they made a final decision. Vice Mayor Anderson asked Councilmember Torgeson what he thought about sending issues to the Attorney General. Councilmember Torgeson stated he was in support of that to save the Town time and money. Discussion was held to determine the need for a study session to gather feedback from Council regarding the changes to the handbooks. There was a consensus to hold a study session in February to discuss the changes to the Code of Conduct hand book and to revoke the Code of Ethics handbook. Town Attorney Payne discussed who the Code of Conduct would apply to and then they talked about the complaint process in the Code of Conduct. Councilmember Tilque stated she would like to see the Code to Conduct updated to add an investigation process of ethics if there were two of the same complaints. Town Attorney Payne discussed issues of ethics verses issues of code of conduct and stated that if there were problems that lead to conflicts of interest, appropriate action should be taken but if there were integrity problems that did not reach the level where it belongs in the Code of Ethics, it may be a conduct problem instead. He stated that fairness, impartiality, and respect were qualities for which an ethics complaint could be filed against a Councilmember and confirmed the Attorney General would not address that, but that behavior may be covered by the Code of Conduct, which laid out the requirements for it: act fairly toward residents, developers, and staff. In regards to duty and loyalty, that would be handled by the attorney general. Councilmember Tilque and Councilmember Torgeson both requested information on how much money had been spent on past Ethics complaints. 3 3. Discussion on next steps. Vice Mayor Anderson stated after the current complaint concluded to then schedule a study session. Town Attorney Payne reiterated what information would be ready for the study session along with the change in the Code of Conduct. He explained how the change would be made to the Code of Conduct by removing the mention of Code of Ethics and, for more than two complaints on the same issue it would go to outside investigation. Discussion was held regarding what to do when more than two complaints were received for the same issue against one person and how it would be addressed in the Code of Conduct handbook if the Code of Ethics handbook was rescinded. It was suggested to add the summary of state laws that explain what all public officials were subject to do and keep it in the Code of Conduct but put it near the end as a reminder for all elected officials and appointed members that they were subject to those laws and to make sure they comply with the law. Councilmember Tilque asked if there was something in the Code of Conduct that stated what was expected from the leaders and if could be put on the website along with the state law and how to contact the Attorney Generals office for the public. Town Clerk Herrera stated the information was in the handbooks on the Public Officer Member Resources page. She stated the page would be moved or linked somewhere public facing for easier access. 4. Action Items a) Set dates for future subcommittee meetings No future dates scheduled at this time. b) other action items as assigned No additional action items assigned at this time. 4 ADJOURN Subcommittee Chair Vice Mayor Anderson adjourned the meeting at 1:44 p.m. ATTEST: ___________________________ ___________________________________ Vice Mayor Scott Anderson, Chair Chaveli Herrera, Town Clerk 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 31st of January, 2024. I further certify that the meeting was duly called and held and that a quorum was present. Dated this ____ day of ____________________2024. ___________________________________ Chaveli Herrera, Town Clerk 5