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From YouTube: Commissioner's Training - March 30, 2023
Description
Commissioner training on City policies and procedures, Brown Act, and conflicts of interest
A
A
A
So
this
is
the
special
meeting
of
Thursday
March
30th
of
All
City
commissions:
it's
6
p.m.
The
commission's
present
will
be
the
audit
committee
bicycle
pedestrian
arts
and
culture,
housing,
Library,
Parks
and
Recreation
planning,
Public,
Safety
sustainability
and
Technology
information
and
Communications
Commission.
A
A
A
So
the
clerk's
office
will
organize
this
training
annually.
Completion
of
this
training
is
required
for
all
commission
members,
as
well
as
the
staff
Liaisons
and
the
commission
administrators.
The
purpose
of
the
training
is
to
review
roles
and
responsibilities
and
to
provide
an
update
on
any
changes
in
laws
or
policies
that
may
be
relevant
to
conducting
the
work
of
the
commissions.
A
We're
also
joined
today
by
our
City
attorney
Chris
Jensen,
who
will
review
the
brown
act
for
public
meetings
and
conflict
of
interest
related
to
the
political
reform
act.
You
can
read
more
on
the
topics
of
today's
discussion
in
the
commissioner
handbook.
It
is
linked
in
the
agenda
as
well
as
it
has
been
provided
to
you
with
your
oath
and
orientation
materials,
but
the
clerk's
office
is
happy
to
email
that
to
you.
If
you'd
like
to
just
send
us
an
email,
you'll
mainly
be
working
with
your
commission
Liaisons.
A
However,
you
will
hear
from
the
clerk's
office
from
time
to
time.
We
met
everyone
when
we
conducted
your
oath
of
office
and
provided
you
with
your
orientation,
we'll
also
notify
you
of
any
required
compliance
for
filings,
and
we
will
also
coordinate
trainings
you'll,
always
receive
a
notification
for
us
and
instruction
on
how
to
complete
these
filings
and
trainings
you'll
also
hear
from
us
during
the
annual
recruitment
process
of
all
commissions,
and
you
will
possibly
hear
from
us
with
regard
to
monitoring
reporting
your
attendance
and
your
eligibility.
A
A
A
The
council
is
comprised
of
five
elected
members
and
they
are
elected
by
the
citizens
of
Cupertino
to
overlapping,
four-year
terms
they
appoint
membership
to
the
city
commissions
and
committees
and
the
Commissioners
report
directly
to
the
city
council.
The
council
also
appoints
two
individuals,
the
City
attorney
and
the
city
manager.
A
A
A
A
Steph
liaison's
role
is
to
guide
the
commission's
work
and
offer
technical
expertise
on
the
issues.
They
must
remain
politically
neutral.
So
please
do
not
ask
opinions
about
city,
council,
candidates
or
ballot
measures,
since
they
will
not
be
able
to
respond
the
liaison
attends.
All
meetings
works
with
the
commission
chair
to
coordinate
the
meeting
agendas,
including
ensuring
appropriate
business,
is
being
covered
in
the
necessary
discussion.
Items
are
listed
on
the
agendas
they
communicate.
Commission
recommendations
and
goals
to
counsel
and
the
commission
admins
prepare
the
minutes
and
ensure
the
proper
noticing
and
publication
of
the
agendas.
A
The
role
of
the
commissions
as
a
whole
is
to
provide
recommendations
in
their
advisory
capacity
to
the
city
council.
This
includes
representing
the
community
and
weighing
public
input
on
issues
and
rendering
recommendations
to
the
city
council.
The
commission
acts
as
a
body.
A
majority
vote
is
required
on
all
matters.
A
The
scope
of
work
purpose
and
other
primary
functions
for
each
commission
can
be
found
in
the
city's
Municipal
Code
chapter
2.,
so
I
have
provided
summaries
of
each,
but
I
won't
go
through
them.
They're
listed
here
for
you,
so
the
complete
responsibilities
for
each
commission
is
included
in
the
the
municipal
code
and
so
I
encourage
you
to
review
those.
If
you
haven't
already
done
so.
A
A
So
it's
the
commission's
work
on
the
goals
that
are
prioritized
by
the
city
council
annually,
but
they
also
will
work
on
their
own
ongoing
projects
that
align
with
Council
goals
the
fiscal
year
2023
2025,
City
work
program
will
be
considered
this
next
Tuesday
April
4th.
So
your
commission
liaison
can
provide
you
with
any
directive
updates
after
adoption.
A
Commissioner
responsibilities
so
you're
responsible
to
read
the
commissioner's
handbook
to
prepare
for
and
participate
in
commission
meetings.
Please
read
the
materials
and
send
clarifying
questions
to
staff
in
advance.
You'll
want
to
make
sure
that
you
understand
what
is
being
presented
for
you
to
discuss
and
to
vote
on
before
in
advance.
A
You'll
also
need
to
attend
75
percent
of
the
regular
meetings
annually,
and
that
is
based
on
the
city's
attendance
policy
for
commissioners
and
remember
that
you
represent
the
community
as
a
whole.
You'll
also
file
a
form
700
statement
of
economic
interests
annually,
you'll,
complete
ethics
training
every
two
years
and
you'll
attend
the
annual
commission
training.
A
So
commissions
follow
the
rosenberg's
rules
of
parliamentary
procedure
during
meetings.
These
are
in
place
to
run
efficient
meetings
and
to
accomplish
City
business.
It
allows
for
orderly
deliberation
of
items
and
the
commission
should
arrive
at
a
majority
decision.
The
meetings
are
run
by
the
chair
and
just
a
reminder
to
be
respectful
for
sometimes
differing
opinions.
A
The
at
the
the
city
of
Cupertino
ethics
training
program
includes
a
required
two-hour
training
for
public
officials
and
City
staff
per
state
law.
It
educates
officials
on
ethical
standards
and
it
applies
it
assists
with
applying
moral
principles
and
values
in
your
decision
making.
It
also
reduces
the
likelihood
of
missteps.
A
The
Cupertino
city
council
also
adopted
an
Ethics
policy
in
January
of
2020.
It
sets
the
conduct
of
members,
it
supports
Fair
decision
making
and
it
preserves,
encourages
preserving
an
atmosphere
of
respect
and
civility.
It
provides
Direction
on
compliance
with
the
law
and
it
also
discusses
conflict
of
interest
which
City
attorney
Jensen
will
discuss
a
little
bit
later.
A
So
just
a
few,
a
couple
of
reminders
for
you,
I
I,
mentioned
the
attendance
policy
earlier,
but
I
want
to
emphasize
that
you
can
not
miss
more
than
25
percent
of
your
regularly
scheduled
meetings
in
a
calendar
year
or
three
consecutive
meetings,
whichever
occurs
first.
So
this
is
dependent.
This
rule
is
dependent
on
the
frequency
of
your
commission.
A
If
you
only
meet
once
a
quarter,
then
you
can
only
miss
one
meeting,
so
the
the
clerk's
office
will
always
send
you
a
warning
notice
so
that
you
can
make
adjustments
for
the
next
meeting
and
then
this
resets
annually
and
one
final
reminder:
your
form
700s,
are
due
on
Monday
April
3rd,
the
Lauren,
our
Deputy
city
clerk,
has
sent
instructions
on
how
to
file
electronically.
But
if
you
have
any
questions
feel
free
to
email,
the
clerk's
office,
and
now
we
have
a
moment
for
questions.
B
C
C
Some
of
you
will
also
be
interacting
with
Michael
Wu,
who
is
a
senior
assistant,
City
attorney,
especially
those
of
you
who
are
on
the
Planning
Commission,
where
he
actually
stats
those
those
those
meetings,
and
so
especially
for
those
of
you
who
here,
who
are
new,
welcome,
I,
look
forward
to
working
with
you.
It's
going
to
be
interesting
and
there's
there.
You
know,
there's
there's
a
lot
to
to
familiarize
yourself
with.
If
you
have
not
been.
C
So
with
that
I'll
jump
into
the
first
part,
which
is
the
brown
act
presentation,
so
you
know,
the
the
brown
Act
is,
is
a
state
law
that
dates
from
the
1950s
and
it's
intended
to
ensure
transparency
in
public
meetings
and
ensure
that
decisions
are
not
made
behind
closed
doors.
So
you
know
the
basic
requirement
is
all
meetings
of
legislative
bodies
are
open
in
public
and
because
of
each
of
our
commissions,
is
appointed
by
the
city
council.
C
C
So
a
meeting
is
both
what
is
obviously
a
meeting
and
some
things
that
aren't
aren't
obviously
a
meeting.
It's
any
time
the
majority
of
the
legislative
body
gathers
to
hear,
discuss
or
deliberate
a
matter.
That's
within
its
subject
matter
jurisdiction.
So
the
there
are
regular
meetings
which
are
regularly
scheduled.
C
The
chair
or
a
majority
of
a
commission
can
call
a
special
meeting
and
there
are
also
emergency
joint
meetings
which
you're
probably
less
likely
to
encounter
as
a
as
Commissioners
the
meetings
in
compass
both
to
Liberation
discussion
voting,
but
also
the
collective
acquisition
or
exchange
of
facts.
So
it's
defined
broadly.
It's
intended
to
promote
open
and
public
discussion.
C
Our
present
are
not
a
meeting,
so
you
could
certainly
meet
with
staff
to
gather
information
about
items
that
come
before
you
and
then
there's
exceptions
for
social
and
ceremonial
Gatherings
conferences
and
seminars
that
you
may
have
the
opportunity
to
attend:
Oakland
and
publicized
Community
meetings
by
other
agencies
or
private
organizations
and
meetings
of
other
legislative
bodies.
For
you
know,
for
example,
if
you
were
to
attend
a
city
council
meeting.
C
So
just
just
one
way
just
to
touch
on
serial
meetings.
One
thing
that
comes
up
a
lot
is,
of
course
we
all
use
email.
A
lot
for
our
communication
and
and
and
communicating
with
other
Commissioners
via
email
does
create
a
risk
of
SEO
communication.
So
one
thing
that
you'll
see
staff
do,
and
you
know
and
it'd
encourage
you
to
pay
attention
to.
It
is
Will,
usually
blind
copy
Commissioners
when
we're
sending
out
Communications
to
the
entire
commission
and
that's
to
avoid
people
replying
all
and
then
potentially
creating
a
Serial
communication.
C
You
know,
including
you
know,
where
you're
allowed
to
to
express
positions
on
issues,
but
it
does
lit
strictly
limit
what
members
can
use
social
media
to
discuss
with
other
members
of
the
commission,
and
these
rules
are
even
stricter
than
sort
of
the
general
rules
because
they
apply
even
when
not
even
a
quorum
is
not
involved.
So
you
can't
respond
to
others.
I
should
say
Commissioners
I
apologize,
I,
didn't
update.
That
slide
should
not
respond
respond
to
other
Commissioners
on
social
media.
C
C
C
There
is
exceptions
that
allow
limited
discussion
of
non-agendized
matters,
but
this
really
is
strictly
limited.
So
you
can
make
brief
reports
of
announcements
of
activities.
It's
fine
to
ask
a
question.
For
example,
if
something
is
raised
during
oral
Communications,
asking
a
question
for
clarification
or
referring
an
item
to
staff
for
follow-up
or
to
briefly
respond
to
public
comments,
but
the
emphasis
is
really
brief.
There
should
not
be
any
extended
dialogue
about
anything,
that's
not
on
the
agenda.
C
Mentioned
earlier
that
that
the
brown
Act
is
also
requires
public
participation
in
every
meeting
of
a
legislative
body,
so
that
includes
you
know,
for
regular
meetings,
There's
an
opportunity
to
comment
on
any
item.
That's
within
the
subject
matter
of
the
jurisdiction
of
the
legislative
body
and
at
any
meeting
the
specific.
There
must
be
some
opportunity
to
comment
on
the
specific
items
of
business
before
during
the
council's
considered.
C
Excuse
me,
the
commissioner's,
commit
consideration
of
the
item,
the
the
and
then
information
that's
provided
to
the
Commission
in
connection
with
the
decision,
unless
it's
privilege
must
be
distributed
to
the
public
at
the
same
time
that
is
provided
and
then
I
also
note
that
there's
no
requirement
that
people
are
participating
in
person
or
online
need
to
give
or
show
their
name
it's.
They
have
the
right
to
participate
in
the
meeting
anonymously.
C
There
there
is
the
potential
for
enforcement
under
the
brown
act
that
the
most
common
method
of
enforcement
is.
You
know
if
there's
an
action,
that's
taken,
that's
alleged
to
be
in
violation
of
the
law,
a
somebody
who's
contesting.
It
can
make
a
demand
for
a
cure
and
correction
of
the
violation
and
the
possible
Council
sequences
that
are
to
avoid
the
action
of
the
legislative
body.
C
There
could
be
an
injunction
court
ordered
injunction
against
tutorial
violations,
an
attorney's
peace
award
against
the
city.
Criminal
prosecutions
are
provided
under
the
statute,
where
the
violation
is
intentional,
but
their
prosecutions,
I
I,
don't
believe.
There's
ever
been
a
successful
criminal
prosecution
under
the
brown
act
in
part,
because
the
intent
requirement
is
hard
to
meet,
but
it
is,
but
it
is
on
the
books.
C
I
did
want
to
finish
up
this
section
by
I.
Just
you
know,
I
know
there
have
been
a
number
of
questions
on
what
where
we
are
with
remote
participation
in
commission
meetings.
So
it's
been
communicated
to
all
of
you
that
the
emergency
authorization
for
fully
remote
meetings
that
we've
been
operating
under
since
March
2020
ended
on
February
28th.
C
C
You
know
if
there's
there's
a
need
to
take
advantage
of
those
exceptions.
I'd
encourage
you
to
reach
out
to
your
staff
liaison
and
they'll
work
with
the
city
attorney's
office
to
figure
out
what
to
do
is
I,
don't
hear
just
the
rules
are
complicated
and
you
know,
and
so
you
know
we
can
try
to
help
you
sort
through
them
if
those
issues
come
up,
but
the
the
default
is
going
to
be
that
people
are
participating
in
person.
C
So,
just
to
conclude
a
great
resource
for
anybody
that
that
that
wants
more
information
is
the
open
and
public
guide
published
by
California
League
of
cities.
It's
written
in
relatively
non-legalese
language.
There's
a
link
here.
We
can
make
these
slides
available
for
the
link
and
then,
of
course
you
know,
the
city
attorney's
office
is
is
is
available
to
ask
answer
legal
questions
of
any
kind,
including
brownout
questions,
and,
and
so
that's
my
contact
information.
But
you
should
feel
free
to
reach
out
to
anybody
in
our
office.
C
B
C
B
C
If,
if
it's
factual
information,
that's
that
that
that's
well
that's
relevant,
we
might
be
able
to
share
that
in
advance
at
the
minute.
The
meeting,
if
it's
your
opinion
on
something
that's
before
the
commission,
then
that
that
can't
be
shared
outside
of
the
meeting
with
the
majority
of
the
Commissioners,
and
so
so
that's
something
that
you
know
that
you're
free
to
communicate
with
the
staff,
the
staff
liaison.
But
if
you
want,
if
you
you,
should
have
that
discussion
with
the
Commission
in
a
public
meeting.
B
My
concerns
but
events
suppose
we
are
planning
a
poetry
if,
for
the
whole
city
from
Poet
Laureate
program
or
something
that
is
community
based,
that
is
stimulative.
So
it
needs
to
be
sent
to
everybody,
but
we
cannot
send
to
the
group.
So
it
has
to
come
to
the
city
management
and
then
they
will
relate
to
everybody.
Is
that
the
way
it
works.
C
B
B
C
Thank
you,
yeah.
No,
that's
a
good
question.
So,
if,
if
there,
if
there's
a
meeting,
that's
sponsored
by
the
city,
then
then
that
that's
generally
going
to
be
subject
to
a
brown,
the
brown
act.
If
the
majority
of
Commissioners
are
participating
in
it,
and
so
you
know
examples
of
those
could
be.
You
know,
informational
meetings
that
the
city
holds
regards.
C
For
example,
regarding
the
housing
element,
there
were
a
series
of
those
last
year
or
or
the
the
state
of
the
city
speech
that
the
mayor
gave
earlier
this
year
was
a
City
Event
that
that
that
doesn't
require
Brown
act
notice
for
Advantage.
You
know
that
Community
organizations
might
host,
and,
and
so
the
Commissioners
are
free
to
attend
those
as
long
as
they
don't
privately
deliberate
amongst
themselves.
At
the
meeting.
D
Hi
everybody,
my
name
is
angan
and
I
belong
to
the
Housing
Commission
I,
probably
don't
know
most
of
you
but
good
to
see
everybody
back
in
person.
So
my
question
about
the
brown
Act
is
I.
Think
we
try
to
follow
the
brown
act,
the
best
we
can
and
there
are
so
many
rules
behind
it,
but
just
to
relate
things
a
little
easier
and
better.
Do
you
have
any
concrete
examples
of
the
recent
past
or
not
so
recent
past,
where
the
brown
Act
was
violated
and
number
two
for
those
cases.
How
was
it
mitigated.
C
So
I
I
don't
think
that
we've
had
any
violations
recently
in
Cupertino,
where
there
have
been
consequential
Brown
act
violations.
The
violations
that
you
that
we
may
come
across
are
more
of
the
kind
where
somebody
accidentally
replies
to
an
email
and
there's
really
not
those
are
not
as
consequential,
because
you
know
usually
they
they,
they
they're,
not
affecting
a
decision
that
the
city
has
made
I
guess
one
high
profile
example
of
a
brown
act.
C
C
You
know
that
they
wanted
to
change
that
and
it
and
the
the
agenda
description
was
vague
in
a
way
that
you
know
made
me.
You
know
wonder
whether
it
was
intentionally
misleading
and-
and
you
know
not
to
allow
members
of
the
public
to
to
know
what
was
going
to
happen,
and
so
they,
the
school
district,
was
sued
over
that
that
agenda
description
over
the
brown
act
lost
and
then
the
effect
of
that
was
to
reverse
the
decision.
Oh.
C
Was
discussed
in
it
was
discussed
in
public,
but
it
wasn't
agendized
in
a
way
that
gave
people
sufficient
notice.
That's
what
the
court
determined
and
I'm
sure
there
are
other
examples.
If
you
put
me
on
spot
a
bit
but
but
I
could
definitely
I
mean
they're
definitely
find.
There
are
definitely
other
examples
out
there,
but
that's
just
one
that
came
to
mind.
Okay,.
C
E
C
F
C
So
so
yeah,
so
so
yeah,
so
personal
interactions
with
with
other
Commissioners
are
completely
fine
and
you
know-
and
you
can
get
it's
there's
an
exception
for
social
events.
So
if
the
commission
wants
to
get
together
get
for
dinner,
that's
that
you
know!
That's
fine
too!
Just
you
just
can't
talk
about
the
commission's
business
at
the
dinner
I.
C
C
So
it's
business
within
the
subject
matter:
jurisdiction
of
the
commission,
so
so
it
would
be
things
that
that
that
might
come
before
the
commission
and
the
commission
might
be
called
to
make
a
decision
on
so
it's
it.
I
mean
it's
different
for
for
for
each
of
you
most
of
you
here,
because
you're
all
on
different
commissions,
but
you
know
certainly
the
the
you
know
the
planning
Commissioners
couldn't
discuss.
You
know
zoning
or
development
policy
in
the
city
and
the
housing
Commissioners
couldn't
collectively
discuss.
C
You
know
the
you
know,
you
know:
locations
for
affordable
housing,
development
or
the
award
of
our
our
grant.
Funds
for
affordable
housing-
or
you
know,
suggest,
make
suggestions
for
that.
If
a
quorum
were
present,
but
it
certainly
doesn't.
It
certainly
doesn't
limit
purely
personal
or
social
Communications
with
your
fellow
commissioners.
F
C
Unfortunately,
it's
not
travel
and
City
business
is,
and
there
is
legislation
pending
this
year.
I
don't
know
if
it's
going
to
move
forward,
but
it's
looking
at
remote
meeting,
Provisions
again
so
yeah
I,
think
I.
Think
that's
going
to
be
the
hardest
thing
for
a
lot
of
people.
Is
that
that
a
lot
of
people
have
you
know
pretty
active
business
travel
schedules,
and
that
is
that
is
not
no
longer
that
you
will
no
longer
have
the
opportunity
to
attend
commission
meeting
remotely.
G
Hi
everyone
I'm
Carol
ma
from
the
fine
sorry,
arts
and
culture
commission
so
Chris.
If,
if
we
were
to
kind
of,
simplify
and
and
create
kind
of
a
dummies
rule,
would
it
follow
that
if
you
are
talking
about
any
topics
pertaining
to
your
commission
scope,
full
stop,
don't
do
it
outside
of
a
meeting
or
is
it
with
just
another
person
full
stop?
Don't
do
it
yeah.
C
C
H
My
name
is
Muni
madipatla
I'm
on
the
Planning
Commission
Chris,
a
curiosity
question
so
I
know
at
least
four
of
the
Planning
Commission
members
are
pretty
active
on
next
door.
Right
so
let's
say
somebody
posts
something
about.
You
know:
City
business
right,
some
non-commissioned,
member
right,
regular,
Community,
member
posted
something
and
some
planning,
commissioner,
goes
and
says
you
know
likes
it
and
you
know
and
some
other
planning,
commissioner,
not
knowing
you
know
likes
it.
So
if
three
of
them
end
up
liking,
it
is
that
a
brown
act,
violation.
C
H
I
C
That's
correct
but
that,
but
it's
still
not
a
noticed
public
meeting,
so
so
that
so
so
it
it's
well!
It's
open
to
you
know
people
who
are
eligible
for
to
you
know
to
be
on
that
next
door
group,
but
but
it's
still
not
a
notice
public
meeting,
but
but
yeah.
No,
that
that
that's
a
real
potential
concern,
so
I
think
it's
it's
something
to
think
about.
C
C
C
Okay,
so
second
part
of
the
discussion.
So
there
are
certain
obligations
under
state
law
that
you
all
now
have
as
by
virtue
of
being
public
officials,
and
this
is
just
an
overview
of
what
we're
going
to
cover.
So
it's
conflicts
of
interest
in
making
contracts
which
could
apply
to
some
of
you
serving
in
an
advisory
capacity
to
counsel
the
political
reform
act,
which
is
the
major
public
disclosure
and
conflict
at
interest
law
in
the
state
of
California.
C
So
so
government
code,
section
1090,
covers
conflicts
of
interest
in
the
makings
of
contracts
and
it's
a
strict
rule
that
a
public
of
officer
in
Palladium
not
may
not
make
contracts
in
which
they
are
financially
interested
and
making
is
defined
broadly
to
include
improval
involveable
discussion
planning,
negotiation
solicitation.
It
could
also
could
include
making
recommendations
on
the
contract
to
another
legislative
body
like
the
city
council.
C
So
if,
if,
if
there
is
a
member
who's
financially
interested
in
a
contact
and
and
no
exception,
no
no
exception
applies.
Section
1090
is
a
strict
prohibition
on
on
the
government
agency
entering
entering
into
the
contract.
So
there's
not
even
an
option
of
recusal
to
allow
us
to
to
make
the
contract.
C
C
There
are
statutory
interests
that
are
defined
as
remote
like
being
an
office
or
officer
or
employee
of
a
non-profit
and
then
there's
also
a
real
basic,
what's
called
a
rule
of
necessity,
which
it
basically
states
that,
if
there's
no
other
way,
the
city
can
accomplish
this
business
because,
for
example,
there's
a
quorum
of
some
necessary
approval
body
that
that
that
all
shares
this
conflict
of
interest.
There
is
a
rule
of
the
necessity
that
allows
members
to
participate
in
that
circumstance.
C
C
If
a
conflict
exists,
the
commissioner
is
required
to
recuse
themselves
and
there
are
specific
procedures
that
you
know
that
you'll
you'll
need
to
follow.
If
you,
if
you
confront
this,
and
and
certainly
you
could
work
with
your
liaison
in
the
city,
attorney's
office
is
also
available
to
support
when
those
issues
come
up.
But
the
requirements
are
to
publicly
identify
the
nature
of
the
financial
interest
and
then
you
must
refrain
from
participating
in
the
meeting
and
generally
in-person
meetings
that
involves
leaving
the
room.
C
You
could
listen
to
the
meeting
if
you
had
to
speak
like,
for
example,
in
this
room,
if
their
speakers
are
on
in
the
back
or
on
if
it's
being
broadcast
online,
but
you
generally
would
have
to
leave
the
room
we'll
be
participating
meetings
less
less
in
fewer
remote
meetings.
But
generally
you
know
it
involves,
leaving
the
zoom
seminar
and
and
just
you
and
you
either
not
viewing
it
or
viewing
it
through
the
public
link.
C
There
is
an
exception
that
allows
a
disqualified
commissioner
to
speak
during
public
comment
if
there's
a
personal
economic
interest
at
stake
and
we'll.
Certainly
if,
if
that's
something
that
comes
up
I
would
strongly
encourage
you
to
speak
to
the
city
attorney's
office
about
it
before
about
the
best
way
to
handle
that.
C
So
the
Planning
Commission
in
particular,
is
affected
by
this
I'm,
not
sure
that
there's
a
lot
of
of
these
that
kind
of
decision
making
done
by
other
City
commissions
but,
for
example,
for
a
land
use
permit.
This
would
definitely
apply
and
it
prohibits
the
the
public
official
from
receiving
or
soliciting
campaign
contributions
of
greater
than
250
dollars
when
any
of
any
of
that
kind
of
adjudicatory
proceeding
is
pending
12
months
before
or
after
the
decision
it
was
made,
and
if
those
contributions
are
not
returned
within
30
days,
recusal
is
required.
C
Gifts
from
a
single
Source
must
be
fifty
dollars
or
more
must
be
reported
on
your
form
500.
You
know.
So
you
know
that
said,
I'm
sure
that
you're
you're,
you
know
you're
wondering
about
you,
know
gifts
from
family
members
or
you
know
other
sort
of
things
there
are.
There
are
numerous
exceptions
for
those
kind
of
gifts
of
a
personal
nature
it
you
know
and
that
that
does
include
gifts
from
family
member
members.
C
Last
thing
I
wanted
to
touch
on
is,
is:
is
common
law
conflicts
of
interest,
and
so
so
so
really.
The
first
bullet
point
here
is
pretty
common
sensical.
Is
that
you,
you,
the
the
common
law,
prohibits
public
officials
from
using
their
positions
for
personal
gain.
So
you
have
you
have
an
an
obligation
to
act.
C
You
know
impartially
and
and
and
in
in
the
interest
of
the
public,
and
not
to
advance
yourself
personally,
there's
also
a
requirement
to
avoid
Prejudice
and
and
protect
due
process
again,
whenever
there's
a
closet,
adjudicatory
decision
made
so
some
property
right
or
other
right
of
a
person
that
is
being
affected
by
a
decision
of
the
city
and
in
those
cases
there's
a
a
due
process.
Obligation
to
make
decisions
based
on
evidence
in
the
record
and
and
and
public
officials
should
avoid
being
committed
to
an
outcome
on.
C
You
know
an
issue
that's
going
to
come
before
them
before
the
hearing
and
that
that
to
me
is
the
real
concern
with
that
can
be
a
problem.
If,
if
you're
very
active
on
next
door,
is
you
know,
you
definitely
want
to
avoid
taking
any
position
on
something
that
might
come
before
the
Planning
Commission,
because
it
can?
It
could
create
an
issue
where
you
would
wind
up
having
to
recuse
yourself
so
that
that's
that's
probably
the
you
know,
it
doesn't
mean.
C
H
H
C
C
There
are
different
rules
for
less
than
500
feet
and
then
different
rules
between
500
and
1000
feet
and
then
over
a
thousand
feet.
It's
generally
there's
a
presumption
that
there's
no
problem.
Now,
it's
not
it's
not
irrefutable,
but
there's
a
presumption
that
there's
no
conflict
over
a
thousand
feet.
Okay,.
J
So
I
guess
this
is
good
timing,
because
I
was
going
to
ask
a
similar
question.
Only
I
was
going
to
be
more
direct
about
the
500
feet.
What
is
it
called
bright
wine
and
what
that
really
is
because
we've
had
some
of
that
happen
in
the
city
in
the
past
few
years,
where
there
have
been
claims
that
people
should
be
accused
because
of
where
they
live,
it
is
that
written
somewhere
where
it
could
be
understood
or
could
you
explain
it
sounds
like
the
zero
to
500
feet
is
the
strongest
issue.
C
C
There
is
a
presumption
that
there
is
a
conflict
of
interest
that
presumption
can
be
rebutted
in
certain
circumstances,
but
the
default
is
that
there's
a
conflict
between
500
and
a
thousand
there's
there's
a
multi-factored
analysis
that
you
have
to
go
through
to
determine
whether
a
conflict
exists
over
a
thousand
feet,
the
the
presumption
flips
the
other
way.
There
is
a
presumption
that
there's
no
conflict
of
interest.
That
presumption
is
also
could
be
rebutted
based
on
evidence
showing
that
there
actually
is
a
material
Financial
impact,
but
again
that
you
know
so
so
it's
it's.
C
B
G
C
Yeah,
so
it
could
be
yeah,
it
could
be
if,
if
it's
you
know,
if,
if
it's
within
500
feet,
you
know
again,
we'd
go
through
the
same
analysis
that
I
just
talked
about.
If,
if
it's
something
that's
where
it's
really
going
to
be
conclusively
demonstrated
that
whatever
decision
you
make
is
not
going
to
have
any
material
effect
on
your
property
value,
then
that
you
might
fall
in
that
category
where
actually
like
the
presumption
doesn't
apply
and
you
can
still
participate
because
I
mean
I.
C
Think
it's
it's
reasonable
to
think
that
there's
a
difference
between
approving
a
piece
of
art
and
approving
you
know
a
50
story.
50
foot
tall
building
right
right,
I
mean
so
so.
I
think
that
that
that
that
there
is
that
kind
of
flexibility,
that's
built
into
the
the
regulations,
and
we
would
just
have
to
look
at
it
Case
by
case.
If
that
were
to
come
up.
G
C
So
I
don't
know
if
that,
that's
that's
a
conflict
of
interest,
I
think
there's
you
know
this
is.
This
is
more
of
a
sort
of
a
policy
issue
than
a
legal
one.
So
I
don't
want
to
step
out
of
turn
too
much.
I'd
say
that
there's
there's,
probably
a
you
know,
a
balance
between
between
giving
some
context
to
sort
of
you
know
who
our
commissioners
are,
and
you
know
you
know
what
they
do
and
and
then
yeah,
but
we
wouldn't
want
we.
C
G
G
C
G
K
K
Thank
you
for
the
presentation.
It's
actually
good,
that
we
are
able
getting
the
opportunity
to
talk
to
you
get
our
clarifications.
So
the
the
issue
that
first
issue
I
would
like
to
understand
is
that
when
you
said,
there's
a
distance
500
feet
a
thousand
feet
for
taking
a
decision,
so
does
it
mean
that
it's
a
radial?
Is
it
Manhattan
distance?
How
is
it
that
computed?
K
You
know
between
500
and
thousand,
and
the
other
thing
is
that:
does
it
mean
that
every
person
who
is
in
the
adjudicatory
capacity,
whether
it's
a
council
member
or
is
a
planning
commissioner?
They
cannot
participate
in
a
city
related
building
because
City
related
winning
is
a
kind
of
more
though
it's
a
real
property,
it's
not
exactly
directly,
something
which
is
which
may
impact
them
so.
C
C
You
know
it's
it's
I,
I,
don't
actually
I,
don't
want
to
start
I,
think
I
know
what
the
exact
rules
are,
but
I
don't
want
to
guess
on
them.
Standing
up
here.
The
second
question:
I
I,
think
the
question
was,
let
me
see
if
I
can
try
to
understand
it.
Is
that
like,
if
there's
a
city
building,
that's
going
to
affect
everybody
in
the
city
so
is:
is
that
a
conflict
of
interest
that
would
disqualify
everybody
in
the
city
from
participating
is?
Is
that
is
that
sort.
C
K
The
second
question
is
something
which
is
more
genetic:
it's
not
I,
wouldn't
say
it's
just
related
to
the
city
itself.
I
I,
wouldn't
say
to
the
even
related
directly
to
a
commission,
but
is:
is
that
a
statutory
limitation
limit
of
fuels
years
or
something
like
that?
Where
a
person
who
has
held
an
office
I
will
give
you
an
example
which
might
help.
So
we
had
a
senator
who
actually
published
a
book
and
he
made
a
more
than
a
million
dollars.
K
He
might
have
got
permission
because
you
know
there's
nothing
against
writing
a
book,
but
it
definitely
made
him
very
rich.
The
person
is
we.
We
know
that
he
is
a
sitting
Senator.
So
similarly,
if
there
is
a
person
who
is
serving
in
the
city
and
they
write
something
which
is
which
might
give
them
some
peculiary
benefits,
what
kind
of
limits
are
there?
What
kind
of
statutory
limits
are
there.
C
C
C
For
for
for
officials
to
express
their
their
views,
you
know
Pro
or
Con
on
a
project
and
of
course
you
know
that
happens
all
the
time.
It's
part
of
being.
You
know
a
public
official,
the
quote,
the
the
the
risk
is
where
there
is
that
adjudicatory
hearing
a
permit
a
license
or
something.
In
that
case,
the
official
should
not
say
should
not
express
a
view
as
to
whether
to
approve
or
deny
the
approval,
because
that
could
that
that
could
create
a
potential
due
process
violation.
That
would
invalidate
the
decision.
I
C
It's
an
engineered
adjudicatory
matter
and
I'd
say
that
that
for
most
of
the
commissions,
that's
not
going
to
be
a
concern.
It's
definitely
it's
definitely
something
that
the
Planning
Commission,
you
know
has
to
keep
in
mind
for
most
of
the
commissions,
you're
you're
you'll
be
providing
advice
to
Council
on
you
know,
legislative
matters,
and,
and
so
there
wouldn't
be
limits
on
on
taking
a
position
advance
of
the
vote.
I
C
H
C
C
It's
a
lesser
amount,
yeah,
okay!
Well,
if
there's
not
any
other
questions
from
Commissioners
or
members
or
questions
or
comments
from
members
of
the
public
I
just
want
to.
Thank
you
all
for
taking
the
time
to
attend
tonight.
I
thank
Kirsten
for
organizing
this
and
presenting
I'll
turn
it
over
to
her
to
wrap
things
up.