Ethics Committee

CITY OF HENDERSON ETHICS COMMITTEE REGULAR MEETING MINUTES OCTOBER 1, 2014 I. CALL TO ORDER Councilwoman Gerri Schroder called the City of Henderson Ethics Committee meeting to order at 3:07 p.m. in the Mayor and Council Board Room, 240 Water Street, Henderson, Nevada. II. CONFIRMATION OF POSTING AND ROLL CALL Tedie Jackson, Council and Commission Services Reporter, confirmed the agenda was posted three working days prior to the meeting in accordance with the Open Meeting Law by posting in the four Official Bulletin Boards within the City Limits of the City of Henderson. In addition, copies of the agenda were mailed to each person having an item on the agenda and to all those on the Agenda Master Mailing List. PRESENT: Gerri Schroder, Councilwoman Jacob Snow, City Manager Josh Reid, City Attorney Jennifer Fennema, Director of Human Resources EXCUSED: None STAFF: Kristina Gilmore, Assistant City Attorney II Tedie Jackson, Council and Commission Svs. Reporter III. PUBLIC COMMENT No comments were presented by the public. IV. ACCEPTANCE OF AGENDA (For Possible Action) (Motion) Mr. Snow introduced a motion to accept the agenda as presented, seconded by Ms. Fennema. The vote favoring approval was unanimous. Councilwoman Schroder declared the motion carried. Ethics Committee Page 2 of 5 October 1, 2014 – Minutes V. NEW BUSINESS 1 OPEN SESSION: OPEN MEETING LAW COMPLIANCE FOR THE CITY ETHICS COMMITTEE AND HMC 2.40 CITY ATTORNEY'S OFFICE Presentation by the City Attorney's Office regarding the Open Meeting Law requirements found in NRS 241 and how they relate to the confidentiality provisions found in NRS 281A.350 and HMC 2.40. Josh Reid, City Attorney, provided a background summary of the Ethics Ordinance, and explained that the purpose of this Committee is to provide confidential ethics advice to local public servants. An important function is a check and balance through the City Attorney’s Office drafting ethics opinions. He noted that the ordinance has raised the level of awareness of the Ethics Rules. Mr. Reid reported that the Ethics Committee will use the same model as the State Ethics Commission and function in closed sessions when discussing specific items. Mr. Reid suggested reviewing HMC 2.40 to consider fixing conflicts in the Ethics Code. He stated that the Ethics Committee does not deal with personnel issues, which should be clarified in the Code. He reviewed the process to be taken upon receiving an ethics complaint from the public. Mr. Reid further explained that any items that fall under NRS 281.350 will be discussed in a closed session as advisory opinions are confidential. He said employees or members of the public have the opportunity to speak under the public comment section on the agenda. He noted that the next step is for staff to draft an amended ordinance to clarify the process for NRS 289 regarding police officers. There were no questions or comments by the committee members or the public. Note: The open session was recessed at 3:28 p.m. at which time Items 2 through 8 were discussed in a confidential closed session. Ethics Committee Page 3 of 5 October 1, 2014 – Minutes 2 CLOSED SESSION: DISCUSSION AND CONSIDERATION OF A REQUEST BY A PUBLIC SERVANT FOR A WRITTEN ADVISORY OPINION 13-A PURSUANT TO HMC 2.40.100 AND NRS 281A.350(4). CITY ATTORNEY'S OFFICE Pursuant to NRS 281A.350(4) “each request for an opinion submitted to a specialized or local ethics committee, each hearing held to obtain information on which to base an opinion, all deliberations relating to an opinion, each opinion rendered by a committee and any motion relating to the opinion are confidential.” Note: A confidential discussion and vote was taken on this request. 3 CLOSED SESSION: DISCUSSION AND CONSIDERATION OF A REQUEST BY A PUBLIC SERVANT FOR A WRITTEN ADVISORY OPINION 13-B PURSUANT TO HMC 2.40.100 AND NRS 281A.350(4). CITY ATTORNEY'S OFFICE Pursuant to NRS 281A.350(4) “each request for an opinion submitted to a specialized or local ethics committee, each hearing held to obtain information on which to base an opinion, all deliberations relating to an opinion, each opinion rendered by a committee and any motion relating to the opinion are confidential.” Note: A confidential discussion and vote was taken on this request. 4 CLOSED SESSION: DISCUSSION AND CONSIDERATION OF A REQUEST BY A PUBLIC SERVANT FOR A WRITTEN ADVISORY OPINION 14-A PURSUANT TO HMC 2.40.100 AND NRS 281A.350(4). CITY ATTORNEY'S OFFICE Pursuant to NRS 281A.350(4) “each request for an opinion submitted to a specialized or local ethics committee, each hearing held to obtain information on which to base an opinion, all deliberations relating to an opinion, each opinion rendered by a committee and any motion relating to the opinion are confidential.” Note: A confidential discussion and vote was taken on this request. Ethics Committee Page 4 of 5 October 1, 2014 – Minutes 5 CLOSED SESSION: DISCUSSION AND CONSIDERATION OF A REQUEST BY A PUBLIC SERVANT FOR A WRITTEN ADVISORY OPINION 14-B PURSUANT TO HMC 2.40.100 AND NRS 281A.350(4). CITY ATTORNEY'S OFFICE Pursuant to NRS 281A.350(4) “each request for an opinion submitted to a specialized or local ethics committee, each hearing held to obtain information on which to base an opinion, all deliberations relating to an opinion, each opinion rendered by a committee and any motion relating to the opinion are confidential.” Note: A confidential discussion and vote was taken on this request. 6 CLOSED SESSION: DISCUSSION AND CONSIDERATION OF A REQUEST BY A PUBLIC SERVANT FOR A WRITTEN ADVISORY OPINION 14-C PURSUANT TO HMC 2.40.100 AND NRS 281A.350(4). CITY ATTORNEY'S OFFICE Pursuant to NRS 281A.350(4) “each request for an opinion submitted to a specialized or local ethics committee, each hearing held to obtain information on which to base an opinion, all deliberations relating to an opinion, each opinion rendered by a committee and any motion relating to the opinion are confidential.” Note: A confidential discussion and vote was taken on this request. 7 CLOSED SESSION: DISCUSSION AND CONSIDERATION OF A REQUEST BY A PUBLIC SERVANT FOR A WRITTEN ADVISORY OPINION 14-D PURSUANT TO HMC 2.40.100 AND NRS 281A.350(4). CITY ATTORNEY'S OFFICE Pursuant to NRS 281A.350(4) “each request for an opinion submitted to a specialized or local ethics committee, each hearing held to obtain information on which to base an opinion, all deliberations relating to an opinion, each opinion rendered by a committee and any motion relating to the opinion are confidential.” Note: A confidential discussion and vote was taken on this request. Ethics Committee Page 5 of 5 October 1, 2014 – Minutes 8 CLOSED SESSION: DISCUSSION AND CONSIDERATION OF A REQUEST BY A PUBLIC SERVANT FOR A WRITTEN ADVISORY OPINION 14-E PURSUANT TO HMC 2.40.100 AND NRS 281A.350(4). CITY ATTORNEY'S OFFICE Pursuant to NRS 281A.350(4) “each request for an opinion submitted to a specialized or local ethics committee, each hearing held to obtain information on which to base an opinion, all deliberations relating to an opinion, each opinion rendered by a committee and any motion relating to the opinion are confidential.” Note: A confidential discussion ensued on this request; however, no action was taken. Note: The open session was called back to order at 4:34 p.m., at which time the remaining items on the agenda were completed. VI. CHAIRMAN\MEMBER COMMENTS No comments were presented by the Chairman or members. VII. SET NEXT MEETING The next meeting of the Ethics Committee was scheduled for December 3, 2014, at 3:00 p.m., in the Mayor and Council Board Room, City Hall, Henderson, Nevada, 89015. VIII. PUBLIC COMMENT No comments were presented by the public. IX. ADJOURNMENT There being no further business to come before the Committee, the meeting was adjourned at 4:37 p.m. Respectfully submitted, __________________________ Tedie Jackson, Council and Commission Services Reporter