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From YouTube: March 16, 2021 Ethical Practices Board
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A
Welcome
to
the
regular
meeting
of
the
ethical
practices
board
for
march
16
2021,
my
name
is
kyle
kroll
and
I
am
the
chair
of
the
board.
As
we
begin
I'll
note
for
the
record,
the
meeting
has
remote
participation
by
members
and
city
staff
as
authorized
under
minnesota
statute,
section
13d
.021
due
to
the
local
public
health
emergency.
A
This
meeting
is
public
and
it
is
subject
to
the
minnesota
open
meeting
law
also
because
we're
on
this
virtual
platform,
I
would
like
to
remind
and
request
that
all
members
and
participants
mute
their
microphones
when
they
are
not
speaking
at
this
time.
I
will
ask
the
court
to
call
the
role,
so
we
can
verify
a
quorum.
A
A
A
C
D
A
A
D
A
Thank
you.
I
have
a
motion
by
member
bouquet.
I
have
a
second
by
member
collins.
Therefore
clerk
will
you
please
call
the
roll.
D
A
A
B
Thank
you,
miss
trammell,
chair
crawl,
members
of
the
board.
As
as
the
ethics
officer
just
mentioned,
we
have
been
conducting
a
comprehensive
review
of
our
ethics
code
and
comparing
all
of
our
provisions
against
the
model
ethics
code,
as
well
as
the
codes
of
atlanta,
chicago
denver,
san
francisco,
seattle
and
portland,
and
this
process
involved,
starting
at
the
very
beginning
of
chapter
15
with
the
preamble
and
then
comparing
each
of
our
substantive
sections
against
the
provisions
of
these
other
cities.
B
One
of
the
key
takeaways
from
this
review
is
that
the
city
of
minneapolis
is
starting
this
amendment
process
from
a
relatively
strong
position.
Our
code,
even
in
its
current
form,
does
hold
up
well
when
compared
against
these
other
cities
and,
that's
not
to
say
there
isn't
room
for
improvement.
There
are
certainly
ways
to
simplify
the
code
and
to
make
it
hopefully
more
user
friendly.
B
My
concern
with
with
ease
of
use,
relates
specifically
to
the
manner
in
which
ethical
rules
and
regulations
are
presented
to
officers
and
employees
and
just
to
illustrate
this.
San
francisco,
for
example,
has
references
to
rules
and
regulations
which
are
contained
in
multiple
different
locations
and
can
become
difficult
to
maneuver,
while
conducting
the
review,
and
I
couldn't
help
but
think
if
it
was
difficult
to
maneuver
for
me,
conducting
the
review
would
be
equally
confusing
for
employees
or
other
officials.
B
Another
obvious
topic
that
popped
up
while
conducting
this
review
was
possible.
Modifications
relating
to
the
board's
authority,
and
I
was
struck
by
the
the
range
of
sanctions
options
available
to
ethics
boards
and
other
jurisdictions
authority
ranged
from
non-binding
advisory
opinions
or
public
admonishments
to
the
ability
to
impose
monetary
fines
and
civil
damages
up
to
three
times
the
amount
of
the
funds
in
question.
B
So
certainly
there
are
areas
that
we
can
borrow
from
these
other
codes.
As
we
look
to
update
our
code,
I
also
want
to
acknowledge
michael
gail
budo
from
our
office
and
then
stephanie
tara,
a
law
student
from
the
university
of
minnesota,
who
both
contributed
to
the
research
as
well
as,
of
course,
the
ethics
officer.
And
with
that
I'm
happy
to
answer
any
questions
you
may
have
related
to
the
research.
E
Was
gonna
just
gonna
say
see,
no
questions.
I
wanted
to
tell
you
what
our
next
steps
will
be
so,
prior
to
the
next
meeting,
the
one
in
may,
we
will
be
convening
weekly
as
staff,
along
with
the
chair,
chair
crawl,
to
draft
potential
amendments
for
the
board's
consideration
at
the
may
and
july
meetings,
and
so
we
will
start
working
on
the
sections.
E
Okay,
so
chair
crawl,
perhaps
if
there
is
no
objection,
the
clerk
could
be
directed
to
receive
and
file.
These
verbal
reports.
A
All
right:
well,
I'm
looking
forward
to
this
work
that
you
were
just
outlining
and
seeing
the
results
at
our
next
meeting.
Without
objection
I
will
and
hearing
none.
I
will
direct
the
clerk
to
receive
and
file
these
verbal
reports.
Thank
you,
and
that
means
that
we
are
now
moving
on
to
the
informal
advice
report,
complaint
activity
report
and
other
activity
report.
Ms
channels,
thank.
E
You
chair
crawl.
The
first
report
is
the
monthly
advice
report
and,
as
usual
I
have
provided
on
the
information
in
an
attached
document
to
the
report.
We
had
a
rather
reduced
number
of
inquiries
in
this
two-month
period,
since
we
last
met
the
most
common
inquiry.
This
go-round
was
outside
employment.
E
That
makes
sense
because
the
outside
employment
forms
were
due
for
all
employees
they're
due
on
an
annual
basis,
and
they
were
due
on
january
25th
of
monday.
I
believe
the
last
monday
in
the
month,
also
on
the
other
category
that
had
a
high
number,
relatively
speaking,
is
the
political
activity
section,
and
that
is
to
be
expected,
and
I
continue
to
believe
that
that
will
be
a
higher
than
usual
number
through
the
2021
election.
E
I
do
not
recall
that
there
were
any
specific
questions
that
I
wanted
to
bring
or
direct
your
attention
to
outside,
of
one
in
which
there
was
a
question
asked
about
outside
employment
or
excuse
me
post-employment,
and
that
question
was
the
following
scenario,
and
I
said
I
would
bring
it
to
your
attention
to
get
your
input
is
that
you
have
an
official
or
an
employee
who
is
currently
serving
on
a
board
or
commission.
E
Okay,
the
current
ethics
code
says
that
they
can
serve.
So
even
if
business
comes
before
them
at
the
city,
they
are
only
required
to
file.
The
statement.
Excuse
me,
a
potential
conflict
of
interest
form
that
they
have
a
potential
conflict
of
interest,
they're
required
to
file
the
form,
but
they
can
still
participate.
E
So
now
the
question
becomes
when
you
look
at
the
outside,
employ
excuse
me,
post
employment
provisions
if
you're
looking
at
that
provision-
and
it
says
that
you
can't
have
any
interest
in
which
you
made
you-
you
can't
have
financial
interests
in
those
companies
that
had
business
before
you.
If
you
were
active
in
those
businesses
and
the
question
becomes
whether
then
the
rule
would
switch
from
those
who
you
know,
they
were
permitted
to
pers
to
participate
previously.
E
Would
they
be
their
entity,
be
precluded
from
seeking
funding
from
the
city,
given
that
the
elected
official
or
the
employee
had
previously
served
and
was
still
serving
as
a
board
member,
and
I
said
that
I
did
not
think
that
that
would
impede
their
ability
to
serve
and
that
the
entity
would
still
be
able
to
receive
funding
from
the
city,
but
that
they
could
not
hold
employment
with
the
entity
that
they
were
serving
on
the
board.
A
Well,
I
thank
you,
miss
trammell.
I
do
have
a
couple
questions,
but
I
would
defer
to
the
other
members
if
they
want
to
go
first.
A
Okay,
I
I
guess
I
I
just
wanted
to
make
sure
I
understood
it
correctly.
Okay,
it's
it
sounds.
Maybe
it'd
be
easier.
If
I
said
what
I
I
think
I
heard,
and
then
you
could
tell
me
where
I'm
wrong
or
if
I'm
right
so
it
sounds
like,
and
there
might
be
somebody
who
was
on
a
board
or
in
a
city
position
and
is
and
has
left
that
position
and
would
like
to
work
for
a
company
that
does
business
with
the
rel.
E
That
that
is
one
of
the
potential
there's
actually,
I
should
maybe
go
back
and
clarify
that.
I
think
there
are
three
potential
things
to
consider
in
this
one:
they
continue
to
serve
on
that
board.
Okay
and
the
board
continues
to
apply
for
funding
or
other
has
other
matters
of
business
between
them
and
the
city.
Okay,
second
scenario
is
that
they
are
currently
on
the
board
once
they
resign
from
the
city.
E
E
The
third
scenario
is
that
they
can
they
again
served
as
a
board
member,
while
they
were
a
city,
official
or
employee
they're,
going
to
continue
to
serve
as
a
board
member,
but
they
want
to
lobby
or
represent
on
matters
before
the
city.
Now
I
didn't
bring
up
that
for
that
last
one.
E
When
I
spoke
again
because
I
don't
think,
there's
any
debate
on
that
one
at
all,
because
the
code
section
itself
says
that
a
local,
official
and
meaning
an
elected
official
in
this
time
shall
not
represent
or
lobby
on
behalf
of
any
person
or
organization
on
any
matter
before
the
city,
so
they
can't
represent
or
lobby
for
any
on
any
matters
before
the
city.
E
Okay,
if
that
were
an
employee
instead
of
an
elected
official
that
same
rule
applies
if
they
had
participated
in
the
business
that
was
before
the
city
when
they
were
an
employee,
okay
and
so
in
either
scenario
they
participated
while
an
employee,
so
they
wouldn't
be
able
to
lobby
now
so
go
leaving
that
third
piece
out
and
going
back
to
the
first
two
alternatives.
E
You
have
service
at
the
city
on
the
board
and
continued
service
on
the
board
after
the
city.
If
they're
not
engaged
in
any
discussions
before
the
city,
but
the
entity
has
business
before
the
city
may
they
still
serve
in
that
board
role.
My
answer
would
be
yes,
they
can,
because
otherwise
that
makes
the
rule
that
they
can
do
so,
while
they're
employed,
but
not
after
they
leave
the
city.
That
brings
into
question
the
rationality
of
that.
A
Yes,
that
did
I
want.
I
I.
C
A
I'm
not
being
redundant
or
repetitive.
I
just
want
to
make
sure
I
understand
the
first
scenario,
because
I
think
I
understand
the
second
and
third
well,
and
the
first
is
that
they
continue
to
to
work
at
the
city.
I
guess
I
could
you
repeat
the
first
one.
A
Okay,
I
think
I
understand
that
you
know
the
the
one
thing
that
I
was
thinking
about
was
the
which
you
see
sometimes
in
ethics
codes,
and
I
know
we
have
something
similar
that
you
want
to
avoid
the
appearance
of
impropriety.
A
I
think
we
have
that
in
some
of
the
aspirational
provisions
of
the
city's
code,
it
looks
like
we
have
a
provision
that
says
that
that
people
should
avoid
actions
that
might
impair
independence
of
judgment
or
give
the
appearance
of
appearance
of
impropriety
or
of
a
conflict
of
interest.
A
I
know
that's
an
ethical
aspiration,
and
so
I
guess
what
I
was
trying
to
think
about,
as
you
were
talking
about
it.
Setting
aside,
whatever
specific
rules
we
have
is
whether
any
of
the
circumstances
would
give
off
the
appearance
of
impropriety
if
they're
not
explicitly
prohibited.
E
I
think
chair
crawl.
There
are
many
situations
that
would
give
the
appearances
of
impropriety,
but
these
people
who
are
leaving
the
city
they're
not
so
much
concerned
with
the
aspirations
they
just
want
to
know
whether
or
not
there's
going
to
be
some
sort
of
complaint
filed
against
them.
They're
just
trying
to
they're
trying
to
do
the
bare
minimum
to
comply
and
to
not
create
further
hassles
down
the
road.
E
E
E
If,
if
someone
were
to
take
a
position
with
an
entity
after
they
leave
office,
then
want
to
do
business
with
the
city
really
our
only.
E
E
Okay,
see
no
questions.
I
will
move
on
to
the
complaint
report,
so
I
first
would
like
to
tell
you
that,
due
to
the
record
keeping
spreadsheets,
we
are
making
some
changes
as
to
how
we
account
for
complaints,
and
that
is
so
that,
at
the
end
of
the
year,
statistics
will
be
able
to
be
calculated
a
bit
easier,
and
so
it
each
complaint,
that's
filed.
E
So
that's
why
it's
different
from
previous
years
we
have
had
11
total
complaints
so
far
this
year,
five
are
still
pending
and
six
have
closed.
Not
many
from
the
previous
years
have
closed.
They
are
all
still
open
and,
as
I've
noted
many
times
before,
sometimes
these
matters
take
a
great
deal
of
time,
especially
if
something
ends
up
going
through
arbitration.
It
can
be
open
for
a
very
lengthy
period
of
time,
so
we're
right
on
track
for
compliance
advice.
Log
is
down
a
bit,
but
complaints
are
running
about
average.
E
A
Okay,
so
with
the
new
counting,
what
do
you
anticipate?
A
Well,
maybe
maybe
my
question
would
be
worried
a
little
different
if,
if
we
were
to
go
back
and
look
at
2020,
for
example,
what
would
the
number
be
if
it
had
been
counted
the
way,
we're
counting
it
now
or
if
you
have
a
rough
estimate,
I'm
just
curious
about
the
the
relative
act.
The
numbers.
E
E
So
chair
crawl,
then
I
don't
think
that
the
numbers
would
change
much
for
allegations.
You
know
the
same
number
of
allegations
are
out
there,
but
the
number
of
complaints
would
go
up
for
complaints
where
we
had
multiple.
E
Alleged
violators
of
the
code-
I
don't
know
how
many
of
those
there
were
last
year,
but
there
were
a
couple
a
lot
of
times.
We'd
get
complaints
where,
instead
of
one
bad
actor,
so
to
say,
there's
two
that
they're
claiming
two
people
were
in
cahoots
doing
this
and
we've
always
listed
them
as
a
and
b.
E
And
if
you
can
recall
from
last
year,
chair
crawl,
some
of
our
probable
cause
situations
had
there's
one
complaint
with
more
than
one
actor
and
those
will
all
be
handled
separately
is
going
forward
in
order
to
facilitate
the
tracking
more
easily
and
then
not
have
to
do
so
much
manual,
counting
at
the
end
of
the
year.
E
I
could
bring
some
numbers
to
share
with
you
as
to
the
diff,
what
that
would
mean
for
2020
if
you'd
like
to
see
them
at
the
next
meeting.
A
Well,
if
it's,
if
it
thank
you,
mr
anil,
if
it's
not
too
much
to
ask
that
would
be
interesting
to
to
see,
and
maybe
we
could
make
a
note
to
reflect
this
to
make
sure
we're
reflecting
this
in
our
next
annual
report.
That
way
the
numbers
are
not
misunderstood
or
misconstrued.
Given
the
change
in
counting.
E
Right,
okay,
yeah:
we
have
to
do
this
recounting
prior
to
the
end
of
the
year,
no
matter
what
so
and
probably
for
the
last
three
or
four
years
in
order
to
continue
to
have
the
same
types
of
charts.
E
E
Okay,
then,
on
the
other
activity
report,
I
can't
remember
what
I've
done.
So
let
me
look.
E
Okay,
so
we
are
still
going
through
some
gift
card
handling
protocols.
There
are
some
departments
that
are
wanting
to
use
gift
cards
for
participants
in
studies
or
participants
who
attend
meetings
or
citizen
participation
in
board
activities,
and
so
finance,
and
I
have
been
working
on
this
protocol
there's
also
proposals
about
providing
gift
cards
to
volunteers
and
meeting
attendees
and
meeting
attendees
of
various
city
boards
and
commissions,
and
so
it
raises
a
whole
host
of
issues
and
we
are
working
through
those
issues.
E
As
manual
is
used
to
advise
current
elected
officials
and
their
staff
as
to
how
things
will
work
once
there
is
the
election
and
the
transition,
that's
required
of
those
who
are
leaving
office
and
those
who
are
returning
and
regardless
of
their
status,
every
elected
official
and
their
staff
have
to
comply
with
these.
Various
things
in
the
transition
manual
and
a
section
of
that
manual
because
it's
also
used
by
new
elected
officials,
is
the
ethics
section.
E
I
focused
in
two
of
the
trainings
that
were
held
recently
for
aids
to
city
council
members,
so
we
have
sessions
for
mayoral
members
coming
up
on
political
activity,
and
that
is
a
big
area
that
the
city
will
be
working
on
in
communicating
more
than
once.
This
is
just
the
beginning
with
the
aids
as
to
what
the
rules
are
about
political
activity
and
that
conversation
was
started.
This
manual
is
out
there
for
them
to
use,
but
the
manual
itself
does
include
other
things.
E
Besides
just
political
activity,
it
touches
on
conflict
of
interest
outside
employment
and
gifts
for
the
main
topics,
and
then
I
drafted
a
proposal,
a
request
for
proposal
to
a
seek
a
provider
for
our
anonymous
hotline
services.
We
have
not
gone
out
for
rfp
for
those
services
since
2006
and
2007.
E
We
issued
that
and
had
a
pre-proposal
conference
last
friday
there
were
four
companies
that
attended
the
pre-proposal
conference
and
I
had
heard
that
there
were
at
least
that
many,
if
not
more,
who
had
downloaded
the
request
for
proposals.
E
Those
proposals
are
due
on
this
coming
monday
and
at
that
point
a
team
of
us
will
be
examining
the
proposals
and
needing
to
interview
finalists.
E
A
I
have
a
quick
question
about
the
final
topic
that
you
had
mentioned:
miss
trammell
the
the
request
for
proposals
and
who
will
ultimately
make
the
decision
on
who
to
choose.
Is
that
something
that
this
that's
going
to
come
before
our
board
or
is
that
a
separate
process.
E
That
is
a
separate
process.
Chair
crawl.
There
are
times
where
we
have
had
various
panels
that
have
none
non-employees,
sit
on
them
and
review
the
request
for
proposals.
E
But
in
this
case
it
will
be
the
three
individuals
who
are
currently
in
charge
of
the
hotline,
which
is
myself
as
ethics
officer,
the
internal
auditor
who
handles
the
complaints
related
to
fraud
and
and
other
financial
matters,
and
then
the
hr
department,
the
person
who
is
in
charge
of
the
division
that
investigates
the
anti-discrimination
harassment
and
retaliation
complaints,
though
the
three
of
us
plus
matt,
will
be
reviewing
all
of
the
proposals
and
we
will
look
at
them
for
ease
of
use
cost
whether
they
can
get
the
customization
that
we
need
in
order
to
track
is
one
thing:
that's
very
different
about
government
versus
a
lot
of
their
corporate
clients.
E
And
we
do
so
you
know
in
a
de-identified
status
when
we
make
our
reports,
and
so
we
can't
share
that
information
with
the
complainant,
and
so
we
need
to
have
two
closure
screens.
So
to
say:
we've
not
had
that
so
far
because
of
the
government
data
practices
act
when
matters
do
not
result
in
discipline,
they
oftentimes
result
in
many
other
things.
Like
training,
coaching,
departmental
changes,
you
know
many
other
things
could
happen.
E
I
don't
know,
but
this
is
not
a
contract
that
we
have
spent
much
money
on
over
the
years.
It
runs
around
four
thousand
dollars
a
year,
and
so
it's
also
something
that
we'll
be
trying
to
enter
into
a
five-year
contract,
because
no
one
has
the
time
to
do
this
on
a
right,
more
regular
basis
than
that.
A
Well,
thank
you,
miss
trammell
and
without
any
objection,
then
I
will
direct
the
clerk
to
receive
and
file
these
reports.
A
E
Thank
you,
chair
crawl.
I
wanted
to
let
the
board
members
know
that
we
will
no
longer
be
emailing
out
any
complaint
packets
to
the
board
members.
Our
concern
with
the
emailing
out
of
board
packets
is
that
then,
these
non-public
data
packets
are
out
there
on
other
drives
and
per
sometimes
in
people's
work,
email
and
on
another
employer
system,
and
because
the
government
data
practices
act
applies
to
these
documents
and
they
are
usually
never
deemed
public.
E
We
need
to
take
care
to
protect
this
data,
so
we
will
be
setting
up
a
onedrive
account
which
you
will
all
be
granted
access
to
when
we
have
a
complaint
and
the
documents
will
be
placed
in
this
onedrive
and
they
won't
be
downloadable
such
that
you'd
be
able
to
save
them
to
your
drives
or
anything
they'll
just
be
accessible,
read
only
in
the
system.
E
The
other
announcement,
if
I
recall,
relates
to
data
requests
some,
if
not
all
of
you
may
have
received
a
data
request
from
the
press.
E
This
passed
over
the
past
two
months.
I
also
received
the
same
request
and
your
participation
agreements
with
the
city
indicate
that
whenever
you
receive
a
data
request,
you
will
not
engage
in
conversation
with
the
person
seeking
the
data,
but
instead
refer
the
matter
back
to
the
city,
and
that
would
be
referring
it
to
myself
as
ethics
officer.
I
then
work
with
our
communications
department
whenever
there's
a
press
inquiry
and
they
answer
press
inquiries,
and
I
work
with
our
minnesota
government
data
practices.
E
Officials,
the
responsible
authority
for
the
city
in
if
it
were
a
true
data
practices,
act
data
request.
So
I
will
handle
those
for
you
and
you
don't
need
to
worry
about
them.
You
just
need
to
refer
them
on
to
me,
and
that
is
the
third
and
not
on
the
list,
but
somewhat
related
to
data
requests.
E
Is
that
if
you
are
having
any
difficulties,
looking
for
the
city's
ethics
board
website,
all
of
those
links
are
new.
That's
been
there's
a
new
website
being
put
out
there
by
our
it
department
and
included
in
that
project
are
the
various
boards
and
commissions,
and
so
that
they
they
have
informed
me
that
they
haven't
finished
the
website
for
the
ethical
practices
board
and
that
we
should
begin
using
the
new
links.
E
So
I
will
send
to
all
of
you
those
new
links
so
that
you
have
the
link
to
the
website
as
it's
newly
configured,
and
that
is
all
I
have
for
announcements.
A
Wonderful,
thank
you,
miss
trammel,
and
actually,
on
that
last
note,
I
happened
to
go
to
the
new
website
and
it
looked
very
nice
on
my
phone.
It
looks
like
it's
an
adaptive
website,
so
I
encourage
everyone
to
to
take
a
look
at
it.
I
did
notice
one
thing
and
that
is
on
the
members
list.
The
roster
says
that
clinton
has
was
appointed
in
2018.