>>COUN. BENTON: GOOD EVENING, EVERYBODY, THE FOURTH MEETING OF THE 25th COUNCIL WILL COME TO ORDER. ALL COUNCILORS ARE PRESENT VIA ZOOM. WE'LL GET STARTED WITH A MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE IN ENGLISH, AND I'LL HAVE COUNCILOR GROUT DO THAT. AND IF COUNCILOR PEÑA WOULD BE SO KIND TO DO IT IN SPANISH. >>COUN. BENTON: CAN YOU DO THE HONORS, COUNCILOR GROUT? >>ALL: I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. >>COUN. BENTON: THANK YOU. COUNCILOR PEÑA. >>COUN. BENTON: THANK YOU, COUNCILORS. AS WAS NOTED IN A PRESS RELEASE FROM OUR OFFICE ON FRIDAY, AND POSTED ON THE WEBSITE AND NOTED ON THE PUBLISHED COUNCIL AGENDA THIS MEETING IS BEING HELD VIA ZOOM VIDEO CONFERENCE. MEMBERS OF THE PUBLIC, CITY STAFF AND MEDIA HAVE THE ABILITY TO VIEW THIS THROUGH FOUR PLATFORMS. GOVTV ON COMCAST 16. THE GOVTV WEBSITE, YOUTUBE AND ZOOM. THESE LIVE STREAMS CAN BE ACCESSED FROM MOST SMART PHONES, TABLET AND COMPUTERS. THIS MEETING IS CLOSED CAPTIONED AND YOU MAY ENABLE THE CLOSED CAPTION SERVICES ON YOUR DEVICE. FOR THOSE WATCHING ON THE LIVE STREAM, THANK YOU FOR JOINING US. THE VIDEO RECORDING OF THIS AND ALL PAST COUNCIL MEETINGS WILL BE AVAILABLE FOR VIEWING AT ANY TIME ON THE WEBSITE. COUNCIL STAFF IS AVAILABLE VIA TELEPHONE IF PUBLIC NEED ASSISTANCE FINDING VIDEOS ONLINE, CALL 768-3100 DURING BUSINESS HOURS MONDAY THROUGH FRIDAY 8 A.M. TO 5 P.M. COUNCIL IS ACCEPTING LIVE PUBLIC COMMENT AND WRITTEN COMMENT. WE HAVE NO PROCLAMATIONS OR PRESENTATION TONIGHT. WE DO HAVE AN ECONOMIC DEVELOPMENT DISCUSSION. THAT'S GOING TO BE A PRESENTATION FROM OUR FRIEND ALASKA PIPER. THE MARKET DIRECTOR OF THE RAIL YARDS MARKETS. WE'LL TURN IT OVER TO MS. PIPER. >> WONDERFUL. ALL RIGHT. THANK YOU, COUNCILOR BENTON, AND COUNCILORS, FOR HAVING ME TONIGHT. I'M VERY EXCITED TO SHARE SOME HIGHLIGHTS OF THE RAIL YARDS MARKET ANNUAL REPORT. MY NAME IS ALASKA AND I WORKED WITH THE MARKET SINCE 2014. I KNOW MANY OF YOU COUNCILORS AND IN YOUR DIFFERENT ROOMS OUT THERE HAVE BEEN INFLUENTIAL IN HAVING AN IMPORTANT ROLE IN GROWING THE MARKET. FOR THOSE THAT DON'T KNOW ABOUT THE GRASSROOTS PROJECT, HERE'S IS SLIDE WITH A LITTLE BIT OF THE MISSION AND HISTORY. THE NON-PROFIT PROJECT WAS FOUNDED IN 2014 BY A GROUP OF NEIGHBORS AND COMMUNITY MEMBERS THAT HAD A REALLY FANTASTIC DREAM TO ACTIVATE THE HISTORIC RAIL YARD SPACE WHICH HAD BEEN DORMANT FOR DECADES AND TRANSFORM IT INTO A HUB FOR COMMUNITY. WE HAVE GROWN A LOT SINCE THAT TIME WITH A LOT OF VALUABLE NEIGHBORHOOD AND STAKEHOLDER INPUT. IN 2020, WE GRADUATED, WE WERE FISCALLY SPONSORED BY THE BARELA'S COMMUNITY COMMISSION. WE ARE NOW OUR OWN NON-PROFIT. WE SURVIVED THE PANDEMIC. WE OFFERED A DRIVE-THROUGH PIVOT AT THE BEGINNING OF IT ALL WE'RE CHUGGING RIGHT ALONG INTO 2022. I WANT TO SHARE SOME HIGHLIGHTS FROM OUR ANNUAL REPORT FOR 2021. 2021 WAS REALLY A PHENOMENAL YEAR. FOR RECOVERY AND FOR GROWTH. LIKE MANY BUSINESSES WE HAD SOME SHAKY TIMES DURING THE TIMES, UNCERTAIN TIMES. IN 2021, OVER 130,000 PEOPLE VISITED. THAT'S LOCAL AND TOURISTS AND SUPPORTED 503 FARMS, FOOD AND MAKER BUSINESSES. THE MARKET OPERATES ON SUNDAYS, MAY THROUGH OCTOBER AND ONE WEEKEND IN DECEMBER. AMONG ALL THOSE DAYS THE VENDORS GENERATED $2.8 MILLION IN GROSS RECEIPT SALES. TO PUT THAT INTO PERSPECTIVE, THAT'S ALMOST, MAYBE A LITTLE BIT MORE, THAN TWO TIMES WHAT WE NOERMALLY -- NORMALLY DO. WE NORMALLY GROSS AROUND$1 MILLION FOR VENDORS PRE-PANDEMIC. THERE WERE A LOT OF SALES OF FOOD NUTRITION SERVICES LIKE SNAP, WICK, AND DOUBLE UP FOOD BUCKS. THE MARKET SPROUTS A LOT OF SUCCESSFUL BUSINESSES. MANY GRADUATE AND HAVE OPEN STOREFRONTS IN YOUR DISTRICTS AND ON YOUR MAIN STREETS. WE'RE REALLY EXCITED TO SEE OUR VENDORS THRIVING. AFFORDABILITY AND ACCESSIBILITY ARE PARAMOUNT TO US AS WELL. WE WORK REALLY HARD TO MAKE SURE THE PRODUCTS OF THE MARKET ARE ACCESSIBLE TO THE COMMUNITIES OF NEW MEXICO AND THE VENDOR FEES ARE AFFORDABLE. WE HAVEN'T CHANGED OUR GROWER FEE SINCE 2014. WE ACTUALLY BROUGHT THE FEE DOWN THEN. THE GROWERS FEE IS ONLY $5 A DAY. WE WORK REALLY HARD TO MAKE THE MARKE ACCESSIBLE FOR THE BUSINESSES SO THEY CAN THRIVE. A SIGNIFICANT PORTION OF OUR ANNUAL ATTENDANCE AND SALES CAN BE ATTRIBUTED TO THE HOLIDAY MARKET WHICH OCCURS IN DECEMBER FOR ONE WEEKEND. THIS YEAR WAS ONE OF THE MOST SUCCESSFUL EVENTS EVER. IT WAS REALLY SMOOTH, STREAMLINED. 22,000 PEOPLE OR MORE CAME THROUGH OVER ONE WEEKEND AND SUPPORTED 175 VENDORS. A LOT OF SALES AND IT WAS AN AMAZING EVENT. WE WORKED REALLY CLOSELY WITH THE CITY TO REDUCE TRAFFIC TO THE HISTORIC NEIGHBORHOOD AROUND THE RAIL YARDS. WE WORKED REALLY CLOSELY AND WANT TO THANK DEPARTMENT OF ARTS AND CULTURE. THEY HELPED COORDINATE A PARK AND RIDE SERVICE FROM THE ZOO. THIS PAST YEAR, DESPITE BEING IN A PANDEMIC, IT HAS BEEN ONE OF THE MOST SUCCESSFUL YEARS EVER. WE'RE REALLY HAPPY TO SEE THESE METRICS AND SEE THAT THERE'S A HUGE DEMAND FOR LOCAL FOOD AND LOCAL SERVICES THAT WE PROVIDE. WE THINK THAT SHOWS THAT THERE'S A HUGE NEED THERE MORE EVENTS AT THE RAILYARDS THAT DO THESE KIND OF THINGS AND EXPAND THIS NON-PROFIT COMMUNITY TREASURE. WE COME A LONG WAY WITH A LOT OF NEIGHBORHOOD AND STAKEHOLDER SUPPORT. TODAY I'M HERE TO THANK THE CITY. WE COULDN'T DO WHAT WE DO WITHOUT YOU. THIS PROJECT IS JUST A SHINING EXAMPLE OF THE TRULY AMAZING THINGS THAT CAN HAPPEN WHEN COMMUNITY AND CITY COME TOGETHER. I WANT TO EXTEND SINCERE GRATITUDE TO THIS COUNCIL. COUNCILOR BENTON HAS BEEN INCREDIBLY VISIONARY AND HELPFUL IN MOVING THIS PROJECT FORWARD AND ACTIVATING THE RAIL YARDS. THE MAYOR'S OFFICE HAS BEEN WONDERFUL TO WORK WITH. WE WORKED VERY CLOSELY WITH ARTS AND CULTURE AND DIRECTOR SANCHEZ THIS PAST YEAR. WE COULDN'T MAKE THIS COMMUNITY EVENT HAPPEN WITHOUT YOUR SUPPORT. I'M SORRY. I PUT A COUPLE MORE LOVE NOTES UP THERE. THERE'S SO MANY CITY DEPARTMENTS OUT THERE. I JUST WANT TO THANK EVERYONE. I'M OPEN FOR QUESTIONS. I LOVE TALKING ABOUT THE MARKET. I'VE INCLUDED ADDITIONAL SLIDES AND CONTACT INFO AND METRICS AND DEMOP -- DEMOGRAPHIC INFO. >>COUN. BENTON: I'LL LOOK AT THE COUNCILORS AND SEE IF THERE'S COUNCILORS WITH SPECIFIC QUESTIONS OR COMMENTS FOR ALASKA. I SEE COUNCILOR DAVIS. >>COUN. DAVIS: ALASKA, IT'S SO GOOD TO SEE YOU AGAIN. THIS IS ONE OF THE FAVORITE PRESENTATIONS EVERY YEAR. THIS IS ONE OF THE FAVORITE THINGS TO DO IN MY FAMILY. THERE'S A COUPLE BUSINESSES THAT I WORK WITH IN MY OTHER LIFE THAT GOT THEIR START IN THE RAIL YARDS MARKET THAT EXPANDED TO LOCAL FOLKS DOING MARKETING AND GOING FROM POP-UP TO BRICK AND MORTAR TO ONLINE. IT'S BEEN FABULOUS. IT'S EXACTLY WHAT WE SHOULD DO IN THE CITY TO HELP EACH OTHER. IT'S ALSO ONE OF THE BIGGEST EVENTS THAT THE CITY THAT WE LOOK FORWARD TO. I THINK THE HOLIDAY MARKET IS ONE OF THE BIG PIECES. IT SPUN OFF OTHER MARKETS FOR PEOPLE THAT YOU DON'T HAVE ENOUGH ROOM FOR. I WANT TO SAY THANKS TO COUNCILOR BENTON WHO PUSHED THIS. SO WE HAVE MORE SPACE AND OPPORTUNITY FOR THIS. THANKS FOR ALL YOU'RE DOING. WE APPRECIATE IT. >>COUN. BENTON: ANYONE ELSE? I'LL QUICKLY SAY ALSO THANK YOU TO ALASKA AND EVERYONE IN THE COALITION. EVERYONE HAS WORKED SO HARD OVER THE YEARS ON THE MARKET. AND YOU KNOW THE MARKET WAS THE FIRST PLACE WHERE AVERAGE CITIZENS GOT TO REALLY COME DOWN AND CHECK OUT THE RAIL YARDS. NOT ONLY HAVE FUN AND SHOP AND GET GOOD PRODUCTS, FRESH FOOD AND ALL THINGS THAT ARE SOLD IN THE MARKET, BUT YOU CAN GET A PEAK INTO THOSE BUILDINGS. IT'S JUST A GREAT OUTING. IT'S A GREAT FAMILY OUTING TO GO TO THE RAIL YARDS. I'LL TELL A QUICK STORY. WE BOUGHT THIS VERY EARLY IN MY TERM -- IN MY TIME IN THE COUNCIL, THE CITY DID STEP FORWARD AND PURCHASE PROPERTY. BEING AN ARCHITECT, I'M INTO SOME EXTREMELY UNSEXY STUFF LIKE GETTING ROOFS ON THE BUILDINGS SO THEY DON'T DETERIORATE ANY FURTHER. I COBBLED TOGETHER ABOUT A MILLION BUCKS TO GET STARTED ON ONE OF THE ROOFS. AND RJ BERRY CAME IN AND SAID, COUNCILOR, WE WANT TO SPEND IT ON THIS ONE BUILDING AND GET IT UP AND RUNNING. I SAID ARE YOU GOING TO DO THE ROOF, HE SAID NO JUST PATCH IT UP AND GET IT OPEN. THE BLACKSMITH SHOP WAS THE FIRST STEP IN MAKING IT A PUBLIC PLACE. KUDOS TO THE KELLER ADMINISTRATION. THE INVESTMENT AND THE COMPLETION OF THE ROOFS ARE SOMETHING THAT WE DON'T REALLY SEE, BUT THESE PRICELESS INDUSTRIAL AGE TREASURES, THERE'S JUST NOTHING LIKE IT. THERE'S VERY FEW PLACES LIKE IT IN THE UNITED STATES. HATS OFF TO HIM FOR MOVING THAT FORWARD SO EFFICIENTLY. AND ALL THE HELP WE GOT FROM THE LEGISLATURE AS WELL. AND ALSO THE COUNCILORS THAT SUPPORT IT AND THE GROWTH AND PRESERVATION OF THAT SITE. THANK YOU, ALASKA. THE DATA IS IMPRESSIVE WITH THE AMOUNT OF ECONOMIC DEVELOPMENT AND AS COUNCILOR DAVIS SAID THE SPIN OFF INTO BRICK AND MORTAR BUSINESSES AROUND TOWN. THANKS AGAIN. WE'LL LOOK FORWARD TO SEEING YOU AT THE MARKET THIS YEAR. WE'LL MOVE ON TO GENERAL PUBLIC COMMENT. DO WE HAVE FOLKS SIGNED UP? HELLO TO THOSE OF US JOINING TO PROVIDE LIFE GENERAL PUBLIC COMMENT. WE RECEIVED WRITTEN COMMENTS DISTRIBUTED TO THE COUNCILORS IN ADVANCE OF TONIGHT'S MEETING. MEMBERS OF THE PUBLIC WILL BE ABLE TO ADDRESS THE COUNCIL IF THEY SIGNED UP ON THE LIVE PUBLIC COMMENT PER THE INSTRUCTIONS PUBLISHED ON THE AGENDA AND WEBSITE ON FRIDAYS. SPEAKERS WILL BE MOVED INTO THE MEETING ROOM TWO AT A TIME AND REMAIN MUTED WITH THEIR CAMERA OFF UNTIL THEY'RE CALLED UPON TO SPEAK AT WHICH POINT THEY CAN TURN ON THEIR CAMERA, UNMUTE THEMSELVES AND HAVE TWO MINUTES TO PROVIDE COMMENT TO THE COUNCIL. AFTER THAT THEY WILL BE MUTED AND RETURN TO BE AN ATTENDEE OF THE WEBINAR. HERE ARE THE PUBLIC GROUND RULES. YOU HAVE TWO MINUTES TO PRESENT. COMMENTS ARE TO BE ADDRESSED TO THE COUNCILORS ONLY THROUGH THE COUNCIL PRESIDENT. ANY DISRUPTIVE CONDUCT WILL RESULT IN REMOVAL FROM THE ZOOM WEBINAR. PLEASE CALL THE NAME OF THE FIRST SPEAKER. >> THANK YOU, MR. PRESIDENT, THE INDIVIDUAL THAT SIGNED UP FOR PUBLIC COMMENT HAS NOT JOINED THE MEETING. THAT WILL CONCLUDE PUBLIC COMMENT. WE HAVE A COUPLE INDIVIDUALS THAT SIGNED UP FOR INDIVIDUAL ITEMS LATER IN THE MEETING. >>COUN. BENTON: THANK YOU. WE'LL GO TO ADMINISTRATION QUESTION AND ANSWER PERIOD. COUNCILORS, ANY QUESTIONS FOR THE ADMINISTRATION? I SEE COUNCILOR GROUT, FOLLOWED BY COUNCILOR BASSAN. >>COUN. GROUT: MY QUESTION IS FOR CHIEF MEDINA. I WANTED TO ASK WHAT IS THE PROCESS CITIZENS SHOULD FOLLOW TO REPORT A PROPERTY CRIME WHEN THE CITIZEN IS NOT THE VICTIM OF THE CRIME? I HAVE TWO FOLLOW-UP QUESTIONS. >> I'M COMMANDER ROGERS. MR. PRESIDENT, COUNCILOR GROUT, I AM GOING TO ANSWER THAT QUESTION FOR CHIEF MEDINA. WHAT IS THE PROPER WAY TO REPORT A CRIME WHEN THEY'RE NOT A VICTIM OF THE CRIME. AS PART OF THE REPORT YOU NEED TO BE THE VICTIM OF THE CRIME IN ORDER TO FILE THE ACTUAL REPORT. WHAT CAN A CITIZEN DO IF THEY'RE NOT A VICTIM WHAT WITNESS A PROPERTY CRIME, THE FIRST THING IS TO CALL 242-COPS. THAT IS THE NON-EMERGENCY LINE FOR THE ALBUQUERQUE POLICE DEPARTMENT. AT THAT TIME AN OFFICER WILL BE DISPATCHED AND THEY CAN INVESTIGATE WHATEVER POSSIBLE CRIME THAT'S BEEN COMMITTED. IF THERE'S WAS A BURGLAR OR OF THAT NATURE, THE OFFICER CAN TRY TO IDENTIFY THE VICTIM. AT WHICH POINT IT CAN BE FILED IF THE VICTIM IS IDENTIFIED. THE BEST THING THAT SOMEBODY CAN DO IF THEY WITNESS A CRIME THAT THEY'RE NOT A VICTIM IS NOT ONLY CALL 242-COPS BUT PROVIDE INFORMATION OF WHAT THEY SAW. GIVE GOOD DETAILS AS FAR AS CLOTHING DESCRIPTIONS OF ANY OFFENDERS. OR IF THERE'S POTENTIAL VIDEO EVIDENCE THEY MAY BE AWARE OF, SUCH AS CAMERAS OR ANYTHING OF THAT NATURE. MOST TIME AN OFFICER IS GOING TO BE DISPATCHED ON THE CRIME. THEY'RE GOING TO COME OUT IN ORDER TO INVESTIGATE. BECAUSE IF THOSE CRIMES ARE OCCURRING WE WANT TO START TRACKING DOWN THE VICTIMS SO WE CAN TRACK THE REPORT AND HAVE THE ACCURATE DATA. >>COUN. GROUT: THANK YOU. A FOLLOW UP, WILL 242-COPS TAKE AM NON-EMERGENCY CALLS AND FILE A REPORT ALSO? >> 242-COPS IS A NON-EMERGENCY LINE. THEY WILL BE THE ONES THAT TAKE THE CALL FOR SERVICE AND DISPATCH OFFICERS AS NEED BE TO THE AREA. IF IT'S NOT A CALL FOR SERVICE -- CALL FOR SERVICE WILL BE ENTERED. IN A CASE THE VICTIM CALLS TO FILE A REPORT, WE HAVE A TELETONE REPORT UNIT THAT WILL TAKE REPORTS FOR A VARIETY OF DIFFERENT TYPES OF CALLS. THOSE CALLS WOULD INCLUDE ANYTHING FROM FRAUD, RESIDENTIAL BURGLARIES, VANDALLISM, LOST PROPERTY VANDALISM. THOSE ARE THE THINGS THEY CAN CALL THE TELEPHONE REPORT UNIT. THEY CAN DO IT AT THEIR OWN CONVENIENCE. THAT'S 768-2030. >>COUN. GROUT: OKAY. HAS THE CRIME REPORTING PROCESS CHANGED IN THE LAST YEAR, IF SO, WHY? >> THE CRIME REPORTING PROCESS HAS CHANGED SLIGHTLY. THE UNIT HAS TAKEN SIGNIFICANTLY MORE TYPES OF REPORTS TO INCLUDE PROPERTY CRIME AND LOST OR STOLEN I. D. THERE'S AN INCREASE OF NUMBER OF REPORTS THAT CAN BE FILED ONLINE. THE PURPOSE OF THAT CHANGE IS IN ORDER TO ALLEVIATE THE STRAIN TO THE FIELD OFFICERS WHERE THEY'RE GOING TO BE ABLE TO RESPOND TO PRIORITY CALLS EASIER. THAT CREATES MORE OF A CONVENIENCE FOR THE PERSON WHO IS FILING A REPORT. WHEREAS THEY MAY NOT WAIT FOR AN OFFICER THEY CAN FILE THE REPORT AN AT THEIR OWN CONVENIENCE AND THEY CALL TELEPHONE REPORT UNIT. >>COUN. GROUT: THANK YOU. THAT'S ALL I HAVE TONIGHT. >>COUN. BENTON: THANK YOU, COUNCILOR GROUT. COUNCILOR BASSAN, DO YOU STILL HAVE A QUESTION THE. >>COUN. BASSAN: NO, MR. PRESIDENT. THANK YOU. >>COUN. BENTON: COUNCILOR SANCHEZ. >>COUN. SANCHEZ: THANK YOU, MR. PRESIDENT. THIS IS ALSO A QUESTION FOR APD. THE REASON I'M BRINGING THIS UP IS BECAUSE IT HAPPENED TODAY. I WAS OUTSIDE MY OFFICE TODAY AND I WAS SPEAKING ON THE PHONE AND I WATCHED A FIGHT IN PROGRESS. I WATCHED SEVERAL SUBJECTS, THERE'S TWO GROUPS OF DRUG DEALERS THAT ARE NEAR THE AREA OF MY BUSINESS AND THEY WERE HEAVING ROCKS BACK AND FORTH OVER CENTRAL AVENUE FROM THE SOUTH SIDE TO THE NORTH SIDE. AT 2:18 I DIALLED 911 BECAUSE I WAS WORRIED THERE WAS GOING TO BE SOMEONE HIT BY A ROCK OR A VEHICLE HIT BY A ROCK. I WAS IMMEDIATELY PUT ON HOLD FOR A WHILE. WHEN I HUNG UP TO RECALL BACK, SHORTLY THERE AFTER SOMEBODY CALLED BACK. I GOT A CALL BACK AND AT THAT POINT I WAS TOLD MY CALL WOULD BE TAKEN CARE OF AND I WAS PUT ON HOLD A SECOND TIME. AND AT THAT POINT, NO ONE ANSWERED. IT JUST STAYED ON HOLD FOR A WHILE UNTIL I DISCONNECTED THE LINE AT THAT POINT WE'RE PROBABLY ABOUT SIX MINUTES DOWN, THE SUBJECTS ACTUALLY WALKED AWAY AND I WOULD HAVE LIKED TO HAVE CONTACT WITH THE POLICE. NO ONE EVER CALLED ME BACK IN REFERENCE TO THE 911 CALL. WHEN I WITH WAS A POLICE OFFICER YOU ALWAYS FOLLOWED UP ON A 911 CALL, THIS TIME NO ONE FOLLOWED UP WITH MOW. -- ME. >> AT THIS TIME, I DON'T HAVE THE ANSWER TO THAT. THAT'S SOMETHING THE DETAILS WOULD HAVE TO BE LOOKED INTO REGARDING THAT INCIDENT. >>COUN. SANCHEZ: THANK YOU. IF YOU PLEASE GIVE HE A CALL, I'LL GIVE YOU ALL THE DETAILS SO YOU CAN INVESTIGATE. I WAS NOT CALLED BACK ON A 911 FOLLOW UP. >>COUN. BENTON: ANY OTHER QUESTIONS FOR THE ADMINISTRATION? OKAY. SEEING NONE. WE'LL MOVE ON TO THE JOURNAL. VICE-PRESIDENT LEWIS. >>COUN. LEWIS: I MOVE APPROVAL OF THE JOURNAL. >>COUN. BENTON: IS THERE A SECOND? SECOND BY COUNCILOR BASSAN. CALL THE VOTE. >>COUN. BASSAN: YES. >>COUN. FIEBELKORN: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. BENTON: YES. >> THAT PASSES UNANIMOUSLY. >>COUN. BENTON: THANK YOU. WE'LL MOVE TO COMMUNICATIONS AND INTRODUCTIONS. ARE THERE ANY CHANGES TO THE LETTER OF INTRODUCTION? I HAVE A COUPLE HERE. I MOVE THAT THE RULES BE SUSPENDED FOR THE PURPOSE OF INTRODUCING EC34 AND PLACING IT ON THE MARCH 7 COUNCIL AGENDA FOR ACTION. IT'S APPOINTING ETHAN WATSON TO THE POSITION OF CITY CLERK. THIS WILL REQUIRE TWO THIRDS OF THE COUNCILORS SUSPEND THE RULES. COUNCILOR DAVIS. >>COUN. DAVIS: I'LL OFFER SECOND, MR. PRESIDENT. >>COUN. BENTON: THANK YOU FOR THE SECOND. COUNCILORS, I THINK I'LL CALL AT THAT POINT TO CLARIFY TO THE PUBLIC AND EVERYONE WATCHING THAT WHAT THE PROCESS IS AND ASK MR. MELENDREZ TO SPEAK TO THAT. AND TO THE STATUS OF THIS AND POSSIBLY OTHER APPOINTEES. >> THE MOTION THAT'S BEFORE YOU IS TO ALLOW THE INTRODUCTION OF A RECONFIRMATION BILL OF THE ALBUQUERQUE CITY CLERK. THE CITY CHARTER INCLUDES SEVERAL POSITIONS APPOINTED WITH THE ADVICE OF THE CITY COUNCIL. ONE OF THOSE IS THE CITY CLERK. THE OTHER IS THE CITY ATTORNEY. THE ADMINISTRATION HAS SENT DOWN THE CITY CLERK AND THE CITY ATTORNEY FOR CONSIDERATION FOR THE COUNCIL FOR RECONFIRMATION GIVEN THE MAYOR'S REELECTION AND HAVING TAKEN OFFICE FOR A SECOND TERM ON JANUARY 1. WHAT YOU'RE VOTING ON IS TO ACCEPT THIS COMMUNICATION INTO THE COUNCIL LEGISLATIVE PROCESS SO YOU MAY CONSIDER IT ON MARCH 7. >>COUN. BENTON: THANK YOU. ANY OTHER QUESTIONS REGARDING THE PROCESS? COUNCILOR PEÑA. >>COUN. PEÑA: THANK YOU, MR. PRESIDENT. >>COUN. BENTON: FOLLOWED BY COUNCILOR DAVIS. >>COUN. PEÑA: THANK YOU, MR. PRESIDENT. THIS IS A RESULT OF THE LETTER YOU HAD SENT EARLIER? I THINK THERE'S A LETTER YOU SENT ABOUT CONFIRMATION OR CONFIRMING PEOPLE? >> YES, ON OR ABOUT THE FIRST OF THE YEAR, WE DID A MEMO TO THE ADMINISTRATION ABOUT THE VARIOUS APPOINTMENTS PER THE CHARTER. >>COUN. PEÑA: THESE TWO CONFIRMATIONS SATISFY YOUR LETTER? >>COUN. BENTON: IN PART. THIS SATISFIES THE LETTER. THERE'S QUESTIONS ABOUT THE OTHERS, MR. MELENDREZ CAN SPEAK TO THAT. WE DID HAVE A LIST AS WE ARE COUNCIL, STAFF AND ADVISORS HAVE EXPRESSED IS THAT THERE ARE A NUMBER OF OTHER APPOINTEES BESIDES THESE TWO. THESE ARE THE TWO SENT DOWN BY THE ADMINISTRATION AS OF NOW. I THINK WE'RE GOING TO HAVE A CONTINUING DISCUSSION BECAUSE I THINK WE HAVE A DISAGREEMENT WITH THE ADMINISTRATION AS TO WHICH OF THE OTHERS WOULD BE SENT DOWN. I'LL ASK MR. MELENDREZ TO SPEAK TO THAT. >>COUN. PEÑA: JUST CLARIFICATION BECAUSE I WASN'T AWARE OF WHAT'S GOING ON. THIS IS A RESULT OF THE LETTER THESE TWO ARE JUST TWO OF SEVERAL OTHERS THAT ARE STILL IN QUESTION. MY QUESTION WOULD BE TO MR. MELENDREZ. WHAT'S THE PROCESS. IT FEELS LIKE I'M ON COUNCIL FOREVER NOW. I DON'T RECALL US DOING THIS BEFORE. MY QUESTION WOULD BE, IS IT SOMETHING CORRECTING A PROCESS THAT WE HAVEN'T DONE IN THE PAST? WHEN WAS THE -- I GUESS FIRST OF ALL, EXPLAIN THE PROCESS AND WHEN WAS THE LAST TIME WE DID THIS? I THINK WE CONFIRMED SARITA AND THE CHIEF AND I JUST HAVEN'T HAD TIME TO TALK TO COUNCILOR BENTON ABOUT THIS. I WAS WONDERING IF IT'S PART OF THE CHARTER THAT WE'RE SUPPOSED TO RECONFIRM THEM. WHEN WAS THE LAST TIME WE CONFIRMED AN ADMINISTRATION'S SELECTION? >> MR. PRESIDENT, COUNCILOR PEÑA, THE CITY CHARTER INCLUDES A SECTION THAT INCLUDES THE DUTIES OF THE MAYOR. ONE OF THOSE SECTIONS IDENTIFIES POSITIONS THAT THE MAYOR APPOINTS WITH THE ADVISE AND CONSENT OF CITY COUNCIL. THERE'S FIVE POSITIONS SPECIFICALLY REFERENCES WITHIN THAT SECTION. AND SOME OTHERS THAT I'LL REFERENCE AS WELL. ONES SPECIFICALLY REFERENCES INCLUDE THE CAO, CHIEF OF POLICE AND FIRE CHIEF. THAT SECTION ALSO REFERENCES ANY DEPUTY CAO AND THAT'S WITHIN THE DISCRETION OF THE MAYOR AND ADMINISTRATION AS TO THE NUMBER AND POSITIONS OF DEPUTY CAOs PROPOSED. THE OTHER TWO POSITIONS THAT REQUIRE CONFIRMATIONS ARE THE ONES BEING DISCUSSED WITH THE LETTER OF INTRODUCTION. THE CITY ATTORNEY AND CITY CLERK. THE CITY COUNCIL CONFIRMS THESE APPOINTEES, AT LEAST ONCE, AND POTENTIALLY MORE THAN ONCE, DEPENDING ON A FEW FACTORS. THE FIRST IS THAT WHEN A MAYOR TAKES OFFICE, THE CITY COUNCIL IS CALLED UPON BY THE CHARTER TO CONTIRM THE CAO AT THE TIME. AND TO CONFIRM OTHER KEY APPOINTEES, INCLUDING THE FIRE CHIEF, LEASE CHIEF, CITY ATTORNEY AND CITY CLERK. AS WE'VE SEEN WITH RESPECT TO THE FIRE CHIEF AND CITY POLICE CHIEF, THERE HAVE BEEN TURNOVER IN THOSE POSITIONS SINCE THE TIME THE MAYOR FIRST TOOK OFFICE. UPON THAT INSTANCE OF TURNOVER ANY OTHER APPOINTEES HAVE TO BE OKAYED BY CITY COUNCIL. THE CHARTER SPEAKS A LITTLE DIFFERENTLY WITH RESPECT TO POSITIONS OF THE CITY ATTORNEY AND THE CITY CLERK. IN 2009, THE SIT ISE CHARTER WAS AMENDED BY THE VOTERS OF ALBUQUERQUE. THE CITY COUNCIL PREPARED A QUESTION AND THE VOTERS APPROVED CHANGING LANGUAGE WITHIN THAT SECTION OF THE CHARTER. TO SUGGEST -- TO ESSENTIALLY STATE THOSE POSITIONS ARE CO-TERMINUS WITH THE TERM OF THE MAYOR. IT GIVES A RELATIVELY CLEAR INDICATION THAT UPON THE REELECTION OF THE MAYOR, THOSE POSITIONS NEED TO BE RECONFIRMED. THE LANGUAGE IN THE CHARTER WITH RESPECT TO THOSE TWO POSITIONS IS A LITTLE BIT DIFFERENT THAN RESPECT TO CAO FIRE CHIEF AND CHIEF OF POLICE. I THINK THAT IS TO THE POINT THAT COUNCILOR BENTON WAS REFERENCING WITH RESPECT TO THERE'S NOT BROAD CONSENSUS AS TO THE OBLIGATIONS OF THE COUNCIL TO CONFIRM THOSE POSITIONS UPON REELECTION. BECAUSE THE LANGUAGE IN THE CHARTER IS SLIGHTLY DIFFERENT WITH RESPECT TO THOSE POSITIONS COMPARED TO THE CITY ATTORNEY AND CITY CLERK. >>COUN. PEÑA: MR. PRESIDENT, HOW WOULD WE DETERMINE THAT? WOULD WE HAVE TO GET SOME KIND OF DETERMINATION OR THEY WERE REQUIRED TO COME DOWN? >> MR. PRESIDENT, COUNCILOR PEÑA, THERE WAS SOME WISDOM AND ALSO COMPLEXITY ASSOCIATED WITH THAT WISDOM WITH RESPECT TO WHAT THE VOTERS AND THE CITY COUNCIL APPROVED IN 2009. IT WAS ALL TIED IN. THE CHARTER WAS AMENDED IN 2009 TO CLARIFY WHAT THE CONFIRMATION OF THE CITY COUNCIL WERE. THERE WAS AMBIGUITY THAT EXTENDED TO THE DEPARTMENT HEADS OF THE VARIOUS DEPARTMENTS. AT THAT TIME THE CITY COUNCIL ALSO PUT FORTH A PROPOSITION TO THE VOTERS THAT PROPOSED TO ESTABLISH WHAT IS TITLED THE CITY'S INTERGOVERNMENTAL CONFERENCE COMMITTEE. THE PURPOSE OF THAT COMMITTEE IS IDENTIFIED BY THE CHARTER AND DUTIES THAT ARE MORE BY ORDINANCE IS TO HELP EVALUATE THESE TYPES OF QUESTIONS IN THE EVENT THERE'S NOT CONSENSUS AS TO WHAT THE OBLIGATIONS ARE RELATIVE TO THE DIVISIONS OF GOVERNMENT WITHIN THE CITY AND OBLIGATIONS UNDER THE CHARTER. THE CHARTER ACTUALLY SETS OUT A PROCESS IN THE EVENT OF A DISAGREEMENT, I THINK THE CHARTER ANTICIPATES GIVEN THE COMPLEXITY OF THE CITY AND LIMIT OF THE CHARTER IT'S NATURAL FROM TIME TO TIME THERE MAY BE DISAGREEMENT ABOUT WHAT THE OBLIGATIONS ARE. THAT COMMITTEE IS CONTEMPLATED WITHIN THE CHARTER AND CITY ORDINANCE. AND TO THE EXTENT THIS QUESTION NEEDS RESOLUTION THAT WILL LIKELY BE AN APPROPRIATE PLACE TO SEND THE QUESTION. IN ORDER TO DO THAT THEY COMMITTEE WOULD NEED TO BE CONSTITUTED OR RECONSTITUTED. THE CITY COUNCIL DID MAKE AN APPOINTMENT TO THAT COMMITTEE SEVERAL YEARS AGO. A NEW APPOINTEE WOULD LIKELY BE NECESSARY WITH THE SUBCOMMISSION OF THE QUESTION IF THAT'S APPROPRIATE FOR THE COUNCIL. >>COUN. PEÑA: MR. PRESIDENT, ONE MORE QUESTION. IN THE PAST ADMINISTRATION -- NOT THE PAST TERM FROM THIS MAYOR, PAST ADMINISTRATIONS, HAVE WE FOLLOWED THIS? THERE WAS TALK ABOUT COUNCILOR SANCHEZ ASKING FOR THIS BEFORE AND WE DECIDED NOT TO DO IT. I DON'T KNOW IF I WAS PART OF THE WE, I DON'T KNOW IF I WAS ON COUNCIL, BUT PAST ADMINISTRATIONS, HAVE THEY FOLLOWED THIS? THE CHARTER IN THAT FASHION. >> MR. PRESIDENT, COUNCILOR PEÑA, IN 2015, I BELIEVE IT WAS ACTUALLY 2013 MAYOR BERRY WAS RE-ELECTED TO HIS SECOND TERM AS MAYOR. AND THE QUESTION OF CONFIRMATION OF APPOINTEES WAS AT THE TOR FRONT -- FORPRESENT I CAN'T SPEAK FOR COUNCILOR SANCHEZ OR THE THOUGHT PROCESS OF THE COUNCIL AT THAT TIME GIVEN THAT IT WAS A SIGNIFICANTLY DIFFERENT COMPOSITION. AS PRESIDENT, COUNCILOR SANCHEZ DID SUBMIT A LETTER TO THE MAYOR NOT DISSIMILAR TO THE ONE THAT IS REFERENCED EARLIER FROM COUNCILOR BENTON. IT DID REQUEST THAT THE CITY ATTORNEY AND CITY CLERK BE SENT DOWN FOR CONFIRMATION. MAYOR BERRY AT THAT TIME WAS REPORTED, I'M NOT GIVING AWAY INSIDE, BUT IT WAS REPORTED IN THE MEDIA, I THINK THE JOURNAL REPORTED THAT THE MAYOR DECLINED TO SEND DOWN THOSE APPOINTMENTS. AT THE TIME THE CITY COUNCIL DID MAKE ITS APPOINTMENT TO THIS INTERGOVERNMENTAL CONFERENCE COMMITTEE. HOWEVER THE MAYOR'S OFFICE DID NOT RESIP RUICATE -- THE INTERGOVERNMENTAL PROCESS DID NOT HAVE AN OPPORTUNITY TO PLAY ITSELF OUT. AFTER THAT STOP IN THE PROCESS, THE CONFIRMATION DID NOT CONTINUE. MY RECOLLECTION IS THAT ACTUALLY THE CITY ATTORNEY RESIGNED AT SOME POINT. I THINK RETIRED. IT COULD HAVE BEEN LESS RELEVANT FOR THAT REASON. AND A NEW CITY ATTORNEY WAS APPOINTED. THAT'S A LITTLE BIT OF THE CONTEXT. I CAN'T SPEAK DIRECTLY TO WHY THE DEMAND WAS NOT FOLLOWED THROUGH AT THE TIME. >>COUN. PEÑA: THANK YOU, MR. PRESIDENT. I THINK THAT'S THE LAST OF MY QUESTIONS. WE TRIED TO DO THIS BEFORE AND IT DIDN'T HAPPEN. THIS MAYOR SENT DOWN TO NAME TO FOLLOW WHAT THE CHARTER SAYS. THERE'S STILL AMBIGUITY IN TERMS OF THE REST OF THEM. IT LOOKS LIKE THE COUNCIL PRESIDENT MAY BE PURSUING THAT TO GET CLARIFICATION ON IT. AND I JUST WANT TO SAY I SUPPORT BOTH OF THESE NAMES AND THE OTHER NAMES. I JUST WANT TO SAY FOR THE MAYOR, I'VE ALWAYS BEEN AND I NEVER SAID THIS ON THE RECORD, I'M IMPRESSED WITH HIS ADMINISTRATION AND THE FACT THAT HE IS APPOINTED 90% PEOPLE OF COLOR TO SERVE ON THIS ADMINISTRATION DOING COMMUNITY WORK AND BEING PART OF COUNCIL. I REALLY HAVEN'T SEEN THAT LEVEL OF PEOPLE OF COLOR ON ADMINISTRATION. I JUST WANT TO SAY KUDOS TO THAT. I'M VERY IMPRESSED WITH ETHAN. I THINK HE'S PROBABLY ONE OF THE ONLY ONES WHO IS NOT A PERSON OF COLOR. I STILL LIKE YOU ETHAN. THANK YOU, COUNCIL PRESIDENT, I APPRECIATE THE TIME. >>COUN. BENTON: THANK YOU, COUNCILOR PEÑA. COUNCILOR DAVIS. >>COUN. DAVIS: THANK YOU, MR. PRESIDENT. COUNCILOR PEÑA ACTUALLY GOT US STARTED ON SOME OF MY QUESTIONS. I WANTED TO UNDERSTAND OUT LOUD THE PROCESS OF WHAT HAPPENED NEXT. I THINK THERE'S NO DISAGREEMENT THANKS TO THE VOTERS WISDOM THAT THOSE TWO POSITIONS THAT THE MAYOR SENT DOWN REQUIRE A SPECIAL HEARING. I'M GLAD THAT THE PRESIDENT IS SCHEDULING THAT AND I APPRECIATE THE ADMINISTRATION. IT'S MY INTERPRETATION THAT THE CHARTER IS STILL PRETTY CLEAR. WHETHER PREVIOUS COUNCIL FOLLOWED ALL THE WAY OR FOUND A RESOLUTION TO ACCEPT THE NOMINEES IN SOME OTHER WAY, I THINK IT'S CLEAR TO ME THAT A NEW ADMINISTRATION STARTS WHEN A NEW MAYOR IS ELECTED AND SWORN IN AND THAT'S WHY WE HAVE A SWEARING IN. I DON'T THINK THIS NEEDS TO BE AN ADVERSARIAL PROCESS. I THINK THE ADMINISTRATION DESERVES TO HAVE THE TEAM THAT HE IN THIS CASE AND IN ANY OTHER CASE BEFORE THAT HE WANTS TO PUT FORTH. I DO THINK THAT PART OF OUR JOB AT THE COUNCIL IS TO ENSURE THAT THERE'S APPROPRIATE VETTING OF CANDIDATES WHO WILL TAKE ON THOSE LEADERSHIP ROLES AND BE HELD RESPONSIBLE. I APPRECIATE THAT. MR. PRESIDENT, YOU AND I AND OTHER COUNCILORS HAVE BEEN IN CONVERSATION ABOUT HOW TO MOVE FORWARD IN THIS. IS IT YOUR UNDERSTANDING, MR. PRESIDENT, THAT THE ADMINISTRATION DOES NOT -- THE ADMINISTRATION BELIEVES THE NEXT APPROPRIATE STEP TO RESOLVE THIS QUESTION IS THE INTERGOVERNMENTAL COMMITTEE? >>COUN. BENTON: YES, I THINK WE'VE BEEN RESPECTFUL AND PROFESSIONAL ABOUT THE DISCUSSION. THERE'S A DIFFERENCE OF OPINION AS TO WHAT THE CHARTER SAYS. THIS IS THE METHOD LAID OUT IN THE CHARTER FOR ADDRESSING SUCH DISAGREEMENTS BETWEEN THE COUNCIL AND THE ADMINISTRATION, PARTICULARLY ON ISSUES OF CHARTER. I SEE COUNCILOR BASSAN HAS HER HAND UP. I WANTED TO ASK MR. MELENDREZ BEFORE I LOSE MY TRAIN OF THOUGHT, MY UNDERSTANDING OF THE CHARTER IS THE LANGUAGE HAVING TO DO WITH THE CAO AND IN THE ORIGINAL WRITING OF THE CHARTER. SOME OF THE OTHER APPOINTEES HAVE BEEN APPOINTED BY THE VOTERS. I COULD BE WRONG. MAYBE THE CITY CLERK AND THE CITY ATTORNEY WERE ALSO IN THE ORIGINAL CHARTER. IT DOESN'T REALLY MATTER BECAUSE WHATEVER WE HAVE TODAY IS WHAT HAS BEEN AMENDED OVER THE YEARS. I THINK THERE'S A DIFFERENCE IN THE LANGUAGE AS IT WAS DRAFTED AND APPROVED IN THE ORIGINAL CHARTER. AND IN THE SUBSEQUENT AMENDMENT TO THE CHARTER THAT WERE APPROVED BY THE VOTERS. WE'VE ADDED ADDITIONAL PROVISIONS. IS THAT CORRECT? >> MR. PRESIDENT, THAT IS GENERALLY COLLECT. PRIOR TO 2009, THE CHARTER STATED THAT THE CAO AND REFERENCED KEY STAFF, IT WAS RELATIVELY VAGUE WHICH IS WHAT PER -- PRECIPITATED THE NEED FOR CLARITY IN THE LANGUAGE. IT COULD HAVE SUGGESTED POSITIONS LIKE THE PARKS DIRECTOR WOULD HAVE REQUIRED CONFIRMATION AND MAYBE THAT WASN'T THE BEST USE OF THE COUNCIL'S TIME IN THE GRAND SCHEME OF THINGS. I DID CONTEMPLATE THE CAO AND KEY STAFF AND THE CITY ATTORNEY TO THE CITY CLERK. SUBSEQUENT TO 2009 IT REFERENCES THE CAO AND DEPUTIES. IN 2015 THE FIRE CHIEF AND POLICE CHIEF WERE ADDED TO THAT LIST BY A VOTER APPROVED CHARTER AMENDMENT. BACKING UP A LITTLE BIT TO THE 2009, SPECIFIC PROCESSES WERE LAID OUT FOR BOTH THE CITY CLERK AND ATTORNEY. AND THAT LANGUAGE INDICATES THOSE POSITIONS ARE APPOINTED FOR A TIME THAT IS COTERMINUS WITH THE TERM OF THE MAYOR. THAT IS LANGUAGE DIFFERENCE AND SOME OTHER CLARITY. THAT WAS THE FIRST TIME THE CITY CLERK WAS BROUGHT INTO THAT MIX. >>COUN. BENTON: COUNCILOR BASSAN. >>COUN. BASSAN: THANK YOU, MR. PRESIDENT. I JUST WANTED TO CLARIFY. AREN'T WE VOTING TO SUSPEND THE RULES FOR THE LETTER OF INTRODUCTION? >>COUN. BENTON: THAT'S CORRECT. I THINK THERE WERE QUESTIONS RAISED HAVING TO DO WITH THE OTHER APPOINTEES THAT ARE NOT PART OF THE DISCUSSION. I THINK THERE WAS SOME INTEREST IN GETTING CLARIFICATION FROM MR. MELENDREZ ON IT. >>COUN. BENTON: ANY OTHER QUESTIONS COUNCILORS? IF NOT, WE HAVE A MOTION AND A SECOND TO SUSPEND THE RULES FOR THE CITY CLERK APPOINTMENT. THIS WOULD BE FOR HOLD OVER TO OUR MEETING ON THE 7th. PLEASE CALL THE VOTE. >>COUN. BASSAN: YES. >>COUN. DAVIS: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. BENTON: YES. THANK YOU. AND THE NEXT IS EC35, I MOVE THE RULES BE SUSPENDED FOR PLACING IT ON THE MARCH 7th AGENDA FOR ACTION. IT'S APPOINTING MR. AGUILAR TO THE POSITION OF CITY ATTORNEY. I SEE A SECOND FROM COUNCILOR GROUT. THANK YOU. ANY DISCUSSION, COUNCILORS? THIS AGAIN REQUIRES A TWO-THIRDS VOTE OF THE COUNCILORS PRESENT. >>COUN. BASSAN: YES. >>COUN. DAVIS: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. BENTON: YES. THANK YOU. GO TO VICE-PRESIDENT LEWIS. >>COUN. LEWIS: I MOVE APPROVAL OF THE LETTER. >>COUN. BENTON: THANK YOU. THERE'S A MOTION AND A SECOND FROM COUNCILOR BASSAN. THANK YOU. CALL THE VOTE. >>COUN. BASSAN: YES. >>COUN. DAVIS: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. BENTON: YES. ALL RIGHT. THANK YOU. WE'LL MOVE TO REPORTS OF COMMITTEES. COUNCILOR DAVIS. FGO. >>COUN. DAVIS: THANK YOU, MR. PRESIDENT. IN THE MATTER OF EC484 AND 487 I MAKE A MOTION BE APPROVED. 485 AND 486 THEY RECOMMEND APPROVAL. R-232 AND 37, AND R AND R2 BE WITHOUT RECOMMENDATION. AND MAKE A MOTION TO ACCEPT THE MEET REPORT. >>COUN. BENTON: I BELIEVE I MAY HAVE MISHEARD. I THINK YOU MAY HAVE BE APPROVED ON EC485 AND 486, THAT WAS RENEATED CORRECTLY? >>COUN. DAVIS: YES, THANK YOU, SIR. >>COUN. BENTON: THANKS. WE HAVE A MOTION AND A SECOND FROM COUNCILOR BASSAN TO APPROVE THE CHEAT COMMITTEE REPORTS. >>COUN. BASSAN: YES. >>COUN. DAVIS: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. BENTON: YES. THANK YOU. COUNCILOR SANCHEZ. >>COUN. SANCHEZ: THANK YOU, MR. PRESIDENT. THE PUBLIC SAFETY COMMITTEE MET ON TUESDAY, FEBRUARY 15 AND REPORTS THE FOLLOWING ITEMS. IN THE MATTER OF 0-81, 0-82 AND R-81 DUE PASS. R-209 BE WITHOUT RECOMMENDATION. IN THE MATTER OF EC-18 THAT IT BE APPROVED AND ACTED ON AT THE MEETING AT WHICH IT IS REPORTED. I MAKE A MOTION TO ACCEPT THE COMMITTEE REPORTS. >>COUN. BENTON: THANK YOU. YOU HAVE A SECOND FROM COUNCILOR GROUT. PLEASE CALL THE VOTE. >>COUN. BASSAN: YES. >>COUN. DAVIS: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. BENTON: YES. THANK YOU. COUNCILOR JONES. >>COUN. JONES: THANK YOU, MR. PRESIDENT. THE LAND USE PLANNING AND ZONING COMMITTEE MET ON WEDNESDAY, FEBRUARY 16. AND ROT REPORTS THE FOLLOWING ITEMS. IN THE MATTER OF O-83 AND O-7 DUE PASS. R-6 WE WITHOUT RECOMMENDATION. I MAKE A MOTION TO ACCEPT THE COMMITTEE REPORTS. >>COUN. BENTON: I'LL SECOND THAT. I SEE COUNCILOR BASSAN SECONDED THAT. WE CALL THE VOTE. >>COUN. BASSAN: YES. >>COUN. DAVIS: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. BENTON: YES. THANK YOU. WE'LL MOVE TO DEFERRALS AND WITHDRAWALS. COUNCILORS, ANY DEFERRALS OR WITHDRAWALS AT THIS TIME? I'LL START WITH ONE. THIS IS A DEFERRAL FROM APPROVALS. EC14, WHICH IS THE MAYOR'S APPOINTMENT OF MR. MARK REYNOLDS TO THE INFORMATION SERVICES COMMITTEE, I MOVE A DEFERRAL TO MAY 16th. SECOND FROM COUNCILOR BASSAN. THANK YOU. PLEASE CALL THE VOTE. >>COUN. BASSAN: YES. >>COUN. DAVIS: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. BENTON: YES. THANK YOU. NEXT IS DEFERRALS FROM FINAL ACTIONS. WE HAVE ONE FROM COUNCILOR BASSAN AND COUNCILOR PEÑA. R-190. >>COUN. BASSAN: THAT YOU KNOW, MR. PRESIDENT. THANK YOU, COUNCILOR PEÑA. R-190 IS APPROVING THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ALBUQUERQUE, COUNTY OF BERNALILLO, AND APP SCHOOL, AND MOVE THE DETERAL UNTIL MARCH 7th. >>COUN. BENTON: I SEE A SECOND FROM COUNCILOR DAVIS. THANK YOU. CALL THE VOTE ON THE DEFERRAL. >>COUN. BASSAN: WRES. >>COUN. DAVIS: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. BENTON: YES. THANK YOU. WE'LL MOVE TO CONSENT AGENDA. ARE THERE ANY CHANGES TO THE CONSENT AGENDA? COUNCILORS, YOU CAN -- IF THERE'S AN ITEM YOU WANT TO PULL, YOU MAY. STATE SO AT THIS TIME. I'LL REMOVE IT FROM THE AGENDA AND DEAL WITH IT AS AN ACTION ITEM. SEEING NONE. FOR THE INDIVIDUALS ON TONIGHT'S CONSENT AGENDA WHO MAY BE WATCHING FROM HOME, THANK YOU FOR YOUR WILLINGNESS TO SERVE US AND THE CITY IN THESE IMPORTANT POSITIONS AND CITIZENS ARE SO MUCH PART OF THAT. THANK YOU FOR YOUR SERVICE. VICE-PRESIDENT LEWIS. >>COUN. LEWIS: I MOVE APPROVAL OF THE CONSENT AGENDA. >>COUN. BENTON: SECOND FROM COUNCILOR GROUT. THANK YOU. CALL THE VOTE. >>COUN. BASSAN: YES. >>COUN. DAVIS: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. BENTON: YES. THANK YOU. WE HAVE NO PUBLIC HEARINGS TONIGHT. WE'LL MOVE TO APPROVALS. >>COUN. BASSAN: MR. PRESIDENT. THERE'S ANNOUNCEMENTS, MR. PRESIDENT. >>COUN. BENTON: I BEG YOUR PARDON. THANK YOU FOR CATCHING ME OFF THAT. ANNOUNCEMENTS FROM COUNCILOR BASSAN AND ANYONE ELSE. >>COUN. BASSAN: THANK YOU, THERE PRESIDENT. THERE'S AN ALBUQUERQUE-BERNALILLO COUNTY GOVERNMENT COMMISSION MEETING TOMORROW FEBRUARY 24 AT 5 P.M. VIA ZOOM VIDEO CONFERENCE. >>COUN. BENTON: THANK YOU. WE'LL MOVE TO APPROVALS. STARTING WITH COUNCILOR PEÑA AND COUNCILOR BASSAN. OC1, APPOINTMENTS TO THE 2022 REDISTRICTING COMMITTEE. >>COUN. PEÑA: GO AHEAD, COUNCILOR BASSAN. >>COUN. BASSAN: OKAY, THANK YOU. MR. PRESIDENT, THANK YOU. IT'S APPOINTMENT TO THE 2022 REDISTRICTING COMMITTEE. I MOVE APPROVAL. >>COUN. BENTON: SECOND FROM COUNCILOR DAVIS. THANK YOU. IT LOOKS LIKE YOU HAVE AN AMENDMENT. >>COUN. BASSAN: WRE -- YES, MR. PRESIDENT. I WOULD LIKE TO MOVE THAT AMENDMENT AND I'LL ASK MS. MORRIS IF SHE CAN HELP US CLARIFY THE DETAILS. >> MR. PRESIDENT, COUNCILORS, I CAN EXPLAIN THAT WHILE JULIAN IS WORKING ON THE DETAILS. UNFORTUNATELY, AFTER WE HAD PUT TOGETHER AND SUBMITTED THE OC LETTER OF INTRODUCTION, COUNCIL STAFF REALIZED THAT THE DISTRICT SEVEN ALTERNATE AS IS PROPOSED IN THE ORIGINAL BILL, MS. BERADINE, I APOLOGIZE I DID NOT SAY HER NAME RIGHT, IS ALREADY SERVING ON THE ENERGY BOARD. THE BOARD ORDINANCE ALLOWS ONLY ONE BOARD AT A TIME. SO SHE CHOSE TO STAY ON THE ENERGY COUNCIL. WE NEED TO FIND A NEW ALTERNATE FOR DISTRICT SEVEN. THIS WILL REPLACE DISTRICT ALTERNATE WITH HEATHER BIRDMAN. THIS AMENDMENT HAS THREE ACTIONS ASSOCIATED WITH IT. TO SWITCH OUT EACH OF THE REFERENCES TO MS. BEARDEAN AND REPLACE THEM. >>COUN. BENTON: COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: I WAS JUST GOING TO COMMENT THAT THIS WAS AN ERROR. WE DID NOT KNOW THAT SHE WAS ON ANOTHER COMMITTEE AT THAT TIME. I APPRECIATE THE OPPORTUNITY TO REPLACE HER WITH HEATHER. >>COUN. BENTON: THIS WOULD BE AMENDMENT NUMBER ONE. IF YOU WOULD LIKE TO MOVE THAT. >>COUN. FIEBELKORN: I MOVE FLOOR AMENDMENT ONE. >>COUN. BENTON: I SEE A SECOND FROM COUNCILOR BASSAN. THANK YOU. WE'RE ON FLOOR AMENDMENT NUMBER ONE. IF THERE'S NO QUESTIONS, WE'LL MOVE TO THE VOTE. >>COUN. BASSAN: YES. >>COUN. DAVIS: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. BENTON: YES. THANK YOU. WE'LL MOVE TO ITEM C -- >>COUN. BASSAN: MR. PRESIDENT. >>COUN. BENTON: I'M SORRY, WE NEED TO GET BACK TO THE BILL. >>COUN. BASSAN: THANK YOU, MR. PRESIDENT. THIS IS PRETTY STRAIGHTFORWARD. IF YOU HAVE QUESTIONS I'LL DEFER TO MS. MORRIS. OTHERWISE, I'LL URGE YOUR SUPPORT. I DON'T KNOW IF COUNCILOR PEÑA HAS ANYTHING TO ADD. >>COUN. PEÑA: SAME HERE. URGE YOUR SUPPORT. >>COUN. BENTON: THANK YOU. ON THE BILL AS AMENDED. >>COUN. BASSAN: YES. >>COUN. DAVIS: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. BENTON: YES. I SHOULD CONCLUDE THIS BY THANKING EVERYONE WHO HAS AGREED TO SERVE ON THIS VERY IMPORTANT TASK AND THE ALTERNATES. THERE'S ONE PER COUNCIL DISTRICT, BUT THERE'S AN ALTERNATE WHO TYPICALLY THE ALTERNATES ATTEND THE MEETINGS AND ARE AVAILABLE IN THE EVENT THE VOTING MEMBER IS NOT AVAILABLE. I WILL MOVE TO ITEM C. WHICH IS EC-18. THIS IS THE CITY OF ALBUQUERQUE LABOR MANAGEMENT RELATIONS ORDINANCE. MULTI-YEAR COLLECTIVE BARGAINING AGREEMENT WITH THE ALBUQUERQUE POLICE OFFICERS ASSOCIATION. I MOVE APPROAPPROVAL. I SEE A SECOND FROM COUNCILOR BASSAN. WE DO HAVE AN INDIVIDUAL SIGNED UP TO SPEAK. I THINK MAYBE -- I'D LIKE TO HEAR FROM THE ADMINISTRATION AT THIS POINT ON THEIR INTRODUCTION TO THIS CBA AND THE PROCESS THEY WENT THROUGH AND WE'LL HEAR FROM OUR PUBLIC COMMENT. IS ONE IN THE MAYOR'S CONFERENCE ROOM WHO CAN SPEAK TO THE AGREEMENT? >> MR. PRESIDENT, WE EMPLOY RELATIONS THAT WILL TALK TO YOU ABOUT THE PROCESS. >>COUN. BENTON: THANK YOU. >> MR. PRESIDENT, COUNCILORS, I'M THE LIAISON FOR THE CITY OF ALBUQUERQUE. WITH REGARD TO APOA WE DID START THE CONTRACT PROCESS IN LATE 2019, OCTOBER 2019. IN 2020, WE DID HAVE TO HALT NEGOTIATIONS DUE TO COVID. WE DID TAKE THAT PROCESS BACK UP AT THE BEGINNING OF 2021. WE HAVE FINISHED THE PROCESS AND WE DO HAVE THE CONTRACT WHICH WAS SIGNED BY ALL THE PARTIES. >>COUN. BENTON: ALL RIGHT. THANKS. THAT'S A BRIEF CHRONOLOGY OF HOW THIS WENT. WE'LL MOVE TO AN INDIVIDUAL SIGNED UP TO SPEAK ON THIS MATTER. MR. MOYA, LEZE -- PLEASE CALL THEIR NAME. >> WE MR. PAUL SIGNED UP TO SPEAK. YOUR TWO MINUTES WILL BEGIN WHEN YOU START SPEAKING. >> THANK YOU VERY MUCH. CAN YOU HEAR ME, MR. PRESIDENT? THANK YOU. GOOD EVENING, EVERYBODY. I'M PAUL, I'VE BEEN A NEGOTIATOR FOR THE APOA POLICE OFFICERS ASSOCIATION FOR 12 YEARS. THIS WAS THE LONGEST PROCESS THAT WE HAVE ACTUALLY HAD. QUITE FRANKLY, IN MY MANY YEARS OF NEGOTIATING IT'S ONE OF THE LONGEST NEGOTIATIONS PROCESSES. THAT CAN DEALT WITH. THROUGHOUT THE PROCESS, AS DIFFICULT AS IT WAS, THE PROCESS DID WORK. AND I HAVE TO SAY ON BEHALF OF THE APOA I WISH TO THANK THE ADMINISTRATION FOR THE WORK AND THE TIME THEY PUT IN AND ALSO FOR THE DEPARTMENT FOR CHIEF MEDINA FOR HIS WORK AND MOVING THIS PROCESS TOWARD A SETTLEMENT. IT WAS RATIFIED BY THE EMPLOYEES AND IT WAS RATIFIED OVERWHELMINGLY BY THE EMPLOYEES. WE ACTUALLY BELIEVE WE HAVE A FAIR CONTRACT FOR THE CITY. AS WELL AS A FAIR CONTRACT FOR THE OFFICERS. I NOTICE A GENERAL FEELING OF RELIEF WHEN I SPEAK WITH THE OFFICERS NOW ABOUT THIS PROCESS. AND ABOUT THIS CONTRACT. THEY FEEL MUCH MORE RECOGNIZED BY THE CITY AS BEING SUPPORTERS OF WHAT THEY'RE TRYING TO GET DONE IN THE FIELD ON A DAY-TO-DAY BASIS. WE APPRECIATE YOUR SUPPORT AND WE RESPECTFULLY REQUEST THAT YOU RATIFY THIS AGREEMENT. THANK YOU VERY MUCH. >>COUN. BENTON: THANK YOU. AND THANK YOU FOR ALL OF YOUR WORK ON THIS. COUNCILORS, AT THIS POINT ARE THERE ANY QUESTIONS OR COMMENTS WITH REGARD TO THIS COLLECTIVE BARGAINING AGREEMENT? >>COUN. SANCHEZ: IT'S GOOD TO KNOW THE OFFICERS HAVE A CONTRACT AND CAN MOVE FORWARD WITH THEIR AGENDA. I'D LIKE TO THANK THE ADMINISTRATION AND THE OFFICERS FOR COMING TO AN AGREEMENT. AND GETTING THIS MULTI-YEAR CONTRACT TAKEN CARE OF. ALSO, ONE OF THE BIGGEST QUESTIONS THAT COMES UP, AND THIS CAN BE A QUESTION FOR MR. BROOM AND THE ONE THAT ALWAYS COMES UP, AND I KNOW IT'S THERE, I JUST WANT TO MAKE SURE IT'S IN THERE. >> MR. PRESIDENT, COUNCILOR SANCHEZ, THE EVERGREEN CLAUSE IS CONTAINED IN THE PUBLIC EMPLOYEE BARGAINING ACT WHEN IT WAS PASSED -- WHEN IT WAS AMENDED THREE YEARS AGO. WHEN THE CITY ADOPTED ITS OWN ORDINANCE IN COMPLIANCE WITH THE PUBLIC EMPLOYEE BARGAINING ACT THEY INCLUDED THAT IN THERE AS WELL. YES, THE EVERGREEN RIGHTS ARE STILL IN THAT CONTRACT. IN THE NEGOTIATION PROCESS, I SHOULD SAY. >>COUN. SANCHEZ: JUST WANTED TO MAKE SURE WE HAD THAT WORKED OUT SO THE OFFICERS KNOW WHAT THEY'RE LOOKING AT AS WELL. MR. PRESIDENT, AND PAUL BROOM, THANK YOU. >> YOU'RE WELCOME, SIR. >>COUN. BENTON: ANY OTHER COMMENT, MR. BROOM? >> NO, THANK YOU. THAT'S ALL RIGHT, SIR. >>COUN. BENTON: VERY GOOD. MY UNDERSTANDING IS THE EVERGREEN IS THE STATE TOOK THE LEAD ON THAT. WE'RE CONFIRMING IT IN THIS AGREEMENT. >> CORRECT. >>COUN. BENTON: THANKS. ANY OTHER QUESTIONS? WE'LL MOVE TO THE VOTE. >>COUN. BASSAN: YES. >>COUN. DAVIS: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. BENTON: YES. WE'LL NOW MOVE TO FINAL ACTIONS. THIS IS ITEM A. THIS IS SPONSORED BY COUNCILOR BASSAN, MYSELF, AND COUNCILOR DAVIS. O-78. COUNCILOR BASSAN, I THINK YOU NEED TO DO THE HONORS ON THIS. >>COUN. BASSAN: THANK YOU, MR. PRESIDENT. O-78 IS AMENDING CHAPTER NINE ARTICLE FOUR PART ONE ROA OF THE POLICE OVERSIGHT ORDINANCE. I MOVE A DUE PASS. >>COUN. BENTON: I SEE A SECOND FROM COUNCILOR DAVIS. THANK YOU. WE DO HAVE AN INDIVIDUAL SIGNED UP TO SPEAK ON THIS MATTER. MR. MOY, PLEASE CALL THEIR NAME. >> THANK YOU, MR. PRESIDENT. WE HAVE ANDREW. TURN ON YOUR VIDEO, UNMUTE YOURSELF, AND YOUR TWO MINUTES WILL BEGIN WHEN YOU START SPEAKING. >> THANK YOU FOR YOUR TIME, I APPRECIATE YOUR WILLINGNESS TO HEAR ME ABOUT THIS. IN 2013, I CHAIRED THE POLICE OVERSIGHT TASK FORCE WHICH WAS INSTRUMENTAL IN DRAFTING THE ORDINANCE TO CREATE THE CIVILIAN POLICE OVERSIGHT AGENCY. I MUST SAY, I'VE BEEN QUITE DISAPPOINTED THAT NOT MUCH HAS CHANGED SINCE THAT WAS DONE. IN FACT, THE FOLLOWING YEAR IN 2014, THE DEPARTMENT OF JUSTICE CAME IN HERE AND DID A LENGTHY INVESTIGATION AND WHICH ALSO TOUCHED ON CIVILIAN POLICE OVERSIGHT AGENCY. FROM WHAT I HAVE OBSERVED IN THE PROCESS AND I'M CURRENTLY A CANDIDATE FOR POSITION ON THE CPOA BOARD, THERE'S SOME DISARRAY THERE. IT'S TAKEN QUITE SOME TIME, I WAS FIRST CONTACTED A LITTLE OVER TWO MONTHS AGO ON DECEMBER THE 19th REGARDING THE POSITION ON THIS BOARD. I STILL HAVE NOT -- THAT PROCESS HAS NOT BEEN FINALIZED. I'VE BEEN THROUGH SOME INTERVIEWS. NOTHING FURTHER HAS HAPPENED WITH THAT. THIS MORNING, I SPOKE TO INTERIM CHAIR GALLOWAY AND INTERIM EXECUTIVE DIRECTOR DIANE, AND BASED ON MY CONVERSATIONS WITH THEM THEY CONFIRMED THIS. I ALSO CONFIRMED THAT HALF THE BOARD IS UNOCCUPIED. TO GET TO THE BOTTOM LINE, I THINK THAT THIS PROCESS IS LONG OVERDUE TO BE HAVING A THOROUGH EXAMINATION. I DON'T THINK THE COUNCIL, PARTICULARLY WITH NEW COUNCILORS ON BOARD WHO DON'T KNOW THE HISTORY OF THE SITUATION, BE DEFERRED UNTIL A PERMANENT EXECUTIVE DIRECTOR IS HIRED FOR THE AGENCY. AND A NEW BOARD IS SEATED. WITH THAT, I'LL STOP AND ANSWER ANY QUESTIONS. >>COUN. BENTON: THANK YOU, MR. LIPMAN. I APPRECIATE YOU OFFERING YOURSELF TO SERVE. SINCE HE HAS OFFERED TO SERVE ON THE BOARD, ANY QUESTIONS INTEREST -- FOR HIM? AND IF IT'S ALL RIGHT I'D LIKE TO ASK MS. MCDERMOTT TO SPEAK. ANY QUESTIONS? >>COUN. BENTON: I WOULD SAY, YEAH, I WON'T SPEAK FOR THE OTHER SPONSORS, BUT I DO SEE COUNCILOR BASSAN'S HAND UP. YOU KNOW, WE HAVE BEEN AWARE OF THE DIFFICULTY IN OUR PROCESS OF GETTING APPOINTEES THROUGH. WE'RE ATTEMPTING TO ADDRESS THAT. THERE'S BEEN A LOT OF BACK AND FORTH ALSO WITH THE DOJ AND THE SPONSORS ON THIS ALSO. COUNCILOR BASSAN. >>COUN. BASSAN: MR. PRESIDENT, I DON'T HAVE ANY QUESTIONS FOR MR. LIPMAN. I WOULD LIKE TO MOVE THE FLOOR SUBBEFORE WE HEAR FROM ANY OTHERS REGARDING QUESTIONS, IF THAT'S POSSIBLE. >>COUN. BENTON: VERY GOOD. I SEE A SECOND FROM COUNCILOR FIEBELKORN. WE HAVE A MOTION FOR THE FLOOR SUBSTITUTE FOR O-78 WHICH IS IN YOUR iPADS. WE'LL NEED A VOTE ON THAT SUBSITUTION. I'LL MOVE THAT. >>COUN. BASSAN: THANK YOU, MR. PRESIDENT. I WAS HOPING -- TO EXPLAIN ABOUT THE FLOOR SUBBASED ON SOME OF THE DISCUSSIONS WE HAD EARLIER THIS MORNING AND THROUGHOUT ALL OF TODAY. FOR THE REST OF THE COUNCIL, WE PROVIDED THE FLOOR SUBAS OF FRIDAY FOR REVIEW OF THE THE WEEKEND. THROUGHOUT THE WEEKEND I HAD HAD SOME CONVERSATIONS WITH DIRECTOR MCDERMOTT REGARDING ADDITIONAL CONCERNS VIA THE FLOOR SUB. WE'VE MADE AA FEW OTHER CHANGES WHERE WAS HOPING WE CAN DO A SHORT PRESENTATION ON WHAT CHANGED BETWEEN THE FLOOR THAT WE PROVIDED FOR THE WEEKEND AND TODAY'S EDITION. WHICH IS NOT THAT MUCH. BUT I WANT TO MAKE SURE THAT IF WE'RE GOING TO VOTE ON THIS TONIGHT, YOU ALL HAVE THE CHANCE TO HAVE THE DIFFERENCES POINTED OUT CLEARLY AND DIRECTLY. JUST TO MAKE SURE EVERYONE'S AWARE. BETWEEN THE MEETING WE HAD AT THE STUDY SESSION OF THE BOARD, MULTIPLE CONVERSATIONS I HAVE HAD WITH DIRECTOR MCDERMOTT, WE'VE BEEN TRYING TO HARD TO FIND THAT MIDDLE GROUND ON REALLY WHAT WE THINK IS THE BEST AVENUE TO MOVE FORWARD WITH CLEANING UP THIS ORDINANCE. WHILE ALSO MAKING SURE THAT STILL PROVIDE THE PUBLIC AND THE POLICE DEPARTMENT WITH A DUE DILIGENCE THEY DESERVE ON BOTH ENDS OF THE SPECTRUM. I BELIEVE WE'LL HAVE THE PRESENTATION ON THE DIFFERENCES WE MADE FROM FRIDAY TO TODAY. >> THANK YOU, MR. PRESIDENT, COUNCILOR BASSAN. TODAY'S FLOOR SUBSTITUTE DOES FOUR BIG THINGS. IT ADDS TO THE BUDGET SECTION OF THE ORDINANCE. COMMIT TO CONTINUE TO PROVIDE FUNDING TO THE CPOA THAT WILL ALLOW IT TO CARRY OUT ITS IMPORTANT DUTIES. SECOND IT CLARIFIES THAT THE CPOA REPORTS DATA REGARDING OUTCOMES OF DISCIPLINARY RECOMMENDATIONS THAT IT MAKES TO THE CHIEF OF POLICE AS PART OF A QUARTERLY ORAL REPORT TO THE COUNCIL. THE IMPOSITION OF DISCIPLINE IS AT THE DISCRETION OF THE CHIEF OF POLICE. THE CHIEF'S ACTION SHOULD BE DOCUMENTED AND REPORTED TO THE COUNCIL. THIRD, THE FLOOR SUB AS A PROVISION LIMITING ELIGIBILITY FOR THE BOARD TO INDIVIDUALS WHO HAVE NOT BEEN EMPLOYED BY APD LAW ENFORCEMENT FOR AT LEAST YEARS PRIOR TO THEIR APPOINTMENT TO THE BOARD. THIS IS IN RECOGNITION THAT AN EXTENDED COOLING OFF OR DISTANCING PERIOD IS IMPORTANT FOR INDIVIDUALS WHO HAVE BEEN EMPLOYED BY APD SPECIFICALLY. THE EXISTING REQUIREMENT THAT INDIVIDUALS NOT BE EMPLOYED BY ANY OTHER LAW ENFORCE WANT INTEREST ONE YEAR WOULD BE IN PLACE. AND IT CLARIFIES THAT THE DIRECTOR'S SEMI-ANNUAL REPORTS ARE TO CONTAIN INFORMATION REGARDING BOARD MEMBER TRAINING PROGRESS. DITIONALLY, THE FLOOR SUBCONTAINS FURTHER CLEAN UP AND CONSISTENCY TO MAKE SURE THE LANGUAGE TRACKS THROUGHOUT WITH REGARD TO OTHER CHANGES CONTAINED IN THE BILL. >>COUN. BENTON: THANK YOU. REALLY, ANY SUBSTANTIVE CHANGES WERE WHAT YOU LISTED. THE OTHER SPONSORS CAN SPEAK FOR THEMSELVES, BUT WE'RE DOING SOME TOUCH-UP OVER THE WEEKEND, BUT EFFECTIVELY THIS IS THE FLOOR SUBTHAT -- THAT WAS IN THE WILL. IF COUNCILORS NEED TO DELVE INTO THIS FURTHER, THAT'S FINE. WE DO HAVE A LIGHT AGENDA. WE CAN DISCUSS IT FURTHER, AND ANSWER ANY QUESTIONS YOU MAY HAVE. IF SO, I DID WANT TO ASK MR. MELENDREZ, THIS SUBSTITUTION OF A SLIGHTLY DIFFERENT FLOOR SUB AN ISSUE THAT REQUIRES SPECIAL ACTION? >> THE GENERAL RULES REQUIRE THAT IF THE COUNCIL IS GOING TO FINALLY ACT ON A BILL THAT IS SUBSTITUTED THE SAME NIGHT IT IS SUBSTITUTED THAT A SUSPENSION OFT RULES BE REQUIRED. THE RULES SAY UPON THE SUBSTITUTION OF THE BILL IT WILL BE DEFERRED UNTIL THE NEXT MEETING TO GIVE FOLKS OPPORTUNITY TO DIGEST IT AND THE PUBLIC AND ELSEWHERE. >>COUN. BENTON: THANK YOU. COUNCILOR PEÑA. >>COUN. PEÑA: THANK YOU, MR. PRESIDENT. MAYBE SOMEBODY FROM THE STAFF CAN EXPLAIN THE ENFORCEMENT PROVISION AND HOW WOULD IT IMPACT OUR CURRENT BOARD MEMBERS OR FUTURE BOARD MEMBERS. >> MR. PRESIDENT, COUNCILOR PEÑA, I THINK JULIA MAY BE PREPARED TO SPEAK TO THAT. AND CHRIS SYLVAN AS WELL. WE CAN START WITH JULIA, IF CHRIS HAS ANYTHING DO ADD, HE'S AVAILABLE AS WELL. >>COUN. PEÑA: THANK YOU. >> THANK YOU, MR. PRESIDENT, COUNCILOR PEÑA. SO THE CHANGE MADE TO THE LAW ENFORCEMENT EXPERIENCE PORTION CONTAINED IN THE FLOOR SUB WOULD ADD AN EXTRA QUALIFICATION FOR PERSPECTIVE MEMBERS. IF THOSE MEMBERS WORKED FOR APD WITHIN THE LAST THREE YEARS, THEY WOULD BE INELIGIBLE FOR SERVICE ON THIS BOARD. IT'S REQUIRING EXTRA DISTANCING OR BUFFER FOR INDIVIDUALS WHO SPECIFICALLY WORKED FOR APD WITHIN THE LAST THREE YEARS. REGARDING PERSPECTIVE MEMBERS WHO HAVE WORKED FOR DIFFERENT LAW ENFORCEMENT AGENCY, THAT TIME PERIOD WOULD REMAIN ONE YEAR. >>COUN. PEÑA: THANK YOU, MR. PRESIDENT. HOW WOULD IT IMPACT OUR CURRENT BOARD MEMBERS OR FUTURE BOARD MEMBERS? I GUESS I UNDERSTAND THE FUTURE BOARD MEMBER -- BUT WOULD IT IMPACT OUR CURRENT BOARD MEMBERS? I KNOW THERE'S A COUPLE OF PEOPLE, I THINK, MAYBE THERE'S MORE, THAT HAVE. WOULD THAT KICK THEM OFF THE BOARD? >> MR. PRESIDENT, COUNCILOR PEÑA, UNFORTUNATELY, I'M NOT FAMILIAR ENOUGH WITH THE STATUS OF SOME OF THE CURRENT BOARD MEMBERS THAT MAY FALL UNDER THIS AMENDMENT TO BE ABLE TO SPEAK ON THAT. PERHAPS CHRIS SYLVAN OR DIRECTOR MELENDREZ MAY BE ABLE TO JUMP IN AND ANSWER THAT. >>COUN. PEÑA: THANK YOU. >> MR. PRESIDENT, COUNCILOR PEÑA, NO, IT WOULD NOT AFFECT -- WELL, ACTUALLY IT WOULD SLIGHTLY AFFECT ONE OF THE BOARD MEMBERS. I'D HAVE TO DOUBLE CHECK ON THAT. WE HAVE A BOARD MEMBER THAT DID RETIRE FROM APD NOT TOO LONG AGO. I CAN GET BACK TO YOU ON THAT. VERY SHORTLY. AS FAR AS FUTURE BOARD MEMBERS, WE DON'T HAVE SOMEONE WHO WOULD BE DISQUAL TIED BECAUSE -- DISQUAL TIED BECAUSE OF THAT. -- DISQUALIFIED BECAUSE OF THAT. >>COUN. PEÑA: MR. PRESIDENT, MR. SYLVAN, I WOULD LIKE MORE INFORMATION ON THAT. IT'S A LITTLE ALARMING TO ME. I THINK THE TWO MEMBERS THAT COME OFF THE TOP OF MY MIND, MAYBE THREE, BUT TWO OF THEM THAT I KNOW HAVE LAW ENFORCEMENT BACKGROUND ARE ACTUALLY BLACK MEMBERS. THEY'RE PEOPLE OF COLOR. IF IT WOULD IMPACT THE LIMITED AMOUNT OF PEOPLE OF COLOR WE HAVE ON THIS BOARD, THAT'S OF SOME CONCERN. FOR ME, BEFORE VOTING ON THIS, I'D LIKE THAT QUESTION ANSWERED. >>COUN. BENTON: COUNCILOR PEÑA, WE'LL TAKE THAT INTO CONSIDERATION WITH THE COUNCIL. VICE-PRESIDENT LEWIS IS NEXT AND COUNCILOR BASSAN. >>COUN. LEWIS: MR. PRESIDENT, JUST TO CLARIFY ON THE REDUCTION OF THE MEMBERS. THE COMMITTEE SUB REDUCES THE BOARD TO SEVEN MEMBERS. I GUESS IF YOU CAN EXPLAIN THAT. IS THAT WHAT COUNCILOR PEÑA WAS REFERRING TO A MOMENT AGO? >>COUN. BENTON: I BELIEVE SHE WAS SPEAKING TO THE PROVISION THAT HAS BEEN CHANGED SLIGHTLY IN THAT THERE'S BEEN A LOT OF DISCUSSION AROUND THIS, WHAT THAT'S THE PROVISION THAT STATES IF A RETIREEE FROM APD THERE HAS TO BE A THREE-YEAR BUFFER PERIOD THEY CAN SERVE ON THE BOARD. IF IT'S ANOTHER LAW ENFORCEMENT AGENCY, IT'S A YEAR. >>COUN. LEWIS: I BELIEVE THAT'S RIGHT. I THINK SOME OF THE CONCERNS RELATED TO -- ALSO COULD BE RELATE TODAY THE -- REDUCTION OF THE BOARD. IF THE SPONSORS WOULD LIKE TO SPEAK TO IT AS FAR AS REDUCING THE MEMBERS TO SEVEN AND THE CONCERN IS THE DIVERSITY ON THE BOARD AS WELL AS REPRESENTATION FROM PARTS OF THE CITY. >>COUN. BENTON: THAT MAY BE A QUESTION FOR STAFF OR FROM COUNCILOR BASSAN. WOULD YOU WANT TO ADDRESS THAT QUESTION FROM COUNCILOR LEWIS? >>COUN. BASSAN: SURE. MR. PRESIDENT, I WILL IF COUNCILOR LEWIS WILL REPEAT IT. I WAS WERING ON TRYING TO CONFIRM PART OF THE OTHER QUESTION THAT COUNCILOR PEÑA HAD. >>COUN. LEWIS: REDUCING THE SEVEN MEMBERS. >>COUN. BASSAN: MR. PRESIDENT, COUNCILOR LEWIS, THE ORIGINAL REASONING BEHIND PICKING NINE WAS SO THAT WE COULD MAKE SURE IT WAS BASED OFF THE FACT THAT WITH THE POB, THE POLICE OVERSIGHT BOARD IT WAS ONE PER DISTRICT. IT JUST GOT GRANDFATHERED IN WE WOULD HAVE NINE. THE BOARD WAS SAYING THAT SEVEN WOULD BE SOMETHING THAT WOULD BE MORE MANAGEABLE FOR MAKING SURE THAT SUBCOMMITTEES COULD DO THEIR JOB PROPERLY AND ACCURATELY WITH THE BALANCE, BUT ALSO THERE WASN'T A NECESSARY REQUIREMENT TO HAVE NINE BASED OFF ORIGINAL -- MY WORDS ARE GOING TO BE BY IN THE SKY. THIS WAS REALLY WE WENT DOWN TO FIVE WHICH WE FIND OUT IS TOO MUCH OR TOO EXTREME. NINE WAS OKAY. SOMETIMES HARD TO FILL THE POSITIONS. AND WE WERE STRUGGLING WITH THAT. ALTHOUGH I HOPE TO IMPROVE THAT ABILITY. I THINK MR. SYLVAN HAS DONE SO. SEVEN WAS WHAT THE BOARD ACTUALLY REQUESTED. WE TRIED TO FIND A WAY TO CREATE BALANCE AND COMPROMISE WITH THAT ASPECT. >>COUN. LEWIS: THANK YOU. I THINK ONE OF THE CONCERNS WAS -- ONE OF THE REASONS WAS TO GET A QUORUM AND FILL POSITIONS. I'M WONDER IF WE'RE RESOLVING THOSE ISSUES WITH THE OTHER CHANGES TO THIS BILL RIGHT HERE. IF THAT'S SUFFICIENT AND WE KEEP THE AMOUNT OF PEOPLE THE SAME, I DON'T KNOW IF THE BOARD FEELS STRONGLY, OR THAT WAS ONE OF THE RECOMMENDS THEY MADE. I FEEL LIKE WE NEED AS MUCH REPRESENTATION AS POSSIBLE. IT SOUNDS LIKE THE PARTICIPATION AND RECRUITING, IF WE COULD SOLVE THOSE ISSUES BASED ON THESE OTHER SOLUTIONS THAT WE'VE GOT, I THINK -- I APOLOGIZE INTEREST MY VIDEO, MR. PRESIDENT. I'M AT A ONCE A YEAR WORK CONFERENCE. MY VIDEO IS NOT ON. I WANTED TO ADDRESS. IF IT WOULD CAUSE ANY HEARTACHE TO GO BACK TO NINE. >>COUN. BENTON: I THINK YOU WERE ALLUDING TO THE DIFFERENT QUESTION THAT COUNCILOR PEÑA RAISED WHICH WAS THAT WOULD THIS BE RETRO ACTIVE TO ANY EXISTING MEMBERS. THERE'S THAT QUESTION AS WELL. THAT IS SOMETHING THAT HAS BEEN FROM DAY ONE OF THE CURRENT SYSTEM. IT'S BEEN SOMETHING THAT PREVIOUS COUNCIL LAID FORTH AND WE'VE KEPT. IT'S SOMETHING WE NEED TO STRIVE TO DO TO MAINTAIN CULTURAL AND RACIAL DIVERSITY ON THE BOARD. I THINK THAT WAS ONE POINT THAT COUNCILOR PEÑA MADE AND FULLY UNDERSTAND. WE DO HAVE A COUPLE OTHER HANDS RAISED. COUNCILOR DAVIS. >>COUN. DAVIS: NO ONE MADE A MOTION. I'M NOT SUGGESTING WE DO. I WAS PRESSING FOR THIS SMALLER BOARD ON BEHALF OF SOME OF THE MEMBERS ON THE BOARD WHO WROTE -- THERE'S NINE OF US AND THESE MEETS TAKES SIX HOURS WHEN EVERYBODY WANTS TO TALK. PART OF IT IS IT'S HARDER WITH A LARGER AMOUNT OF PEOPLE TO BE EFFECTIVE IN DOING YOUR WORK. ONE OF THE OTHER CRITICISMS WE GOT IS THE WAY -- AND THIS GETS MORE TO YOUR POINT, COUNCILOR LEWIS, IS THAT THE COUNCIL UNDER THE OLD RULES WERE TRYING TO DEFER TO DIVERSITY BY GEOGRAPHY PIECE RATHER THAN FINDING THE SKILLSET TO DEAL WITH THE PROBLEMS AT HAND. I STRUGGLED WITH THAT BECAUSE I WANT TO HAVE FOLKS FROM ALL PARTS OF THE CITY AND DIVERSITY AND WE ENSURE THAT THE COUNCIL AND THE APPLICANTS AND THE GROUPS GOING THROUGH THESE CONSIDER FACTOR, EQUITY ETHNICITY, BACKGROUND EXPERIENCE. IT'S NOT JUST A COP BUT SOMEONE THAT'S BEEN IN THE SYSTEM, BEEN AN INMATE, BEEN ARRESTED. ANYONE IN THE PROCESS. WE THOUGHT IT WAS BETTER TO FOCUS ON THOSE SKILL SETS AND TELL THE COUNCIL TO PAY ATTENTION TO THOSE OTHER THINGS WE CAN HAVE OTHER EXPERTS WHO SPEND MORE QUALITY CONVERSATIONS ON BIG ISSUES. THIS WAS A WAY TO GET AWAY FROM SAYING -- ALTHOUGH IT DIDN'T SAY IT. WE HAD NINE MEMBERS AND THAT MEANT ONE FROM EVERY COUNCIL DISTRICT. WE'RE TRYING TO GET AWAY FROM ENSURING THAT IN CASE WE HAVE TWO GREAT APPLICANTS FROM THE SAME PLACE. THIS CAME FROM MEMBERS OF THE BOARD WHO SAID NINE MEMBERS OF VOLUNTEERS IS TOO BIG TO MANAGE IN A BIG MEETING. BY DOING THIS SEVEN, MR. PRESIDENT, I WAS REMINDED IT ALSO MEANT THEY'RE COMMITTEES CAN FOCUS MORE EFFECTIVELY. THEY COULD OPERATE MORE SMOOTHLY AND IT WAS A RECOMMENDATION. I WAS WILLING TO GO ALONG WITH IT. WE SHOULD BE WILLING TO TRY IT. IF IT DOESN'T WORK, WE CAN ADD MORE MEMBERS. >>COUN. BENTON: WE HAVE HAD LOT OF GIVE-AND-TAKE AND A LOT OF BACK AND FORTH WITH THE CURRENT BOARD AND ACTING DIRECTOR. COUNCILOR BASSAN AND BACK TO COUNCILOR LEWIS. >>COUN. BASSAN: THANK YOU, MR. PRESIDENT. I WANT TO POINT OUT THAT NUMBER SEVEN WAS VOTED ON BY THE BOARD AND THEY EMAILED OVER THAT NUMBER BY A UNANIMOUS VOTE. THAT'S WHERE THE NUMBER CAME FROM. WE DIDN'T JUST PUT IT OUT THERE. IT WASN'T A RANDOM THING. WE DO HAVE THE BOARD SAYING THAT'S WHAT THEY WANTED. IT WASN'T JUST ONE PERSON OR THE OTHER. I'M SURE I'LL HAVE MORE TO ANSWER OR ASK IN JUST A LITTLE BIT. THANK YOU, MR. PRESIDENT. >>COUN. BASSAN: COUNCILOR LEWIS. >>COUN. BASSAN: WAS EVERYTHING THAT THEY RECOMMENDED UNANIMOUSLY VOTED ON? I THINK -- I MEAN A LOT OF THIS WAS LEFT UP TO US AND THE SPONSORS TO MAKE RECOMMENDATIONS ON. THIS WOULD BE ONE OF THEM. I GUESS I'M NOT GENERALLY INCLINED FOR LESS REPRESENTATION ON A BOARD LIKE THIS. I'D LIKE TO SEE IT MOVED BACK TO NINE. I KNOW IT'S NOT CHOSEN BY COUNCIL DISTRICTS, SO THERE'S STILL THE ABILITY TO BE ABLE TO HAVE GEOGRAPHICAL DIVERSITY. ALL PRESIDENT, I WOULD LIKE TO MAKE A RECOMMENDATION. I THINK YOU MADE GREAT POINTS. I WOULD LIKE TO MAKE A MOTION TO MEND THIS TO NINE. JUST BECAUSE I THINK WE SHOULD WEIGH IN ON IT. >>COUN. BENTON: POINT WELL-TAKEN. WE HAVE A PACKET OF AMENDMENTS. WE'LL DEFINITELY PUT THAT IN THE QUEUE. COUNCILOR BASSAN. >>COUN. BASSAN: THANK YOU, MR. PRESIDENT. I BELIEVE IT'S IMPORTANT, AND I DON'T KNOW IF WE'VE NOT CONFIRMED NEW APPOINTES. WE STILL HAVE FOUR VACANCY AND THE BOARD SAID THEY WANT SEVEN. IF WE HAVE FOUR VACANCIES WE CAN TRY FOR NINE, BUT WE CAN TRY TO GET GOOD QUALITY BOARD MEMBERS THAT ARE DIVERSE. IT FULFILLS AN EQUITABLE RATIO AND DO OUR BEST TO GET A WHOLE BUNCH OF BALANCE IT'S NOT QUANTITY OVER QUALITY AT THAT POINT. >>COUN. BENTON: DID YOU WANT TO RESPOND, COUNCILOR LEWIS? >>COUN. LEWIS: YEAH, MR. PRESIDENT. WHEN WE'RE -- >>COUN. BENTON: WE'LL HAVE YOU IN THE QUEUE FOR THAT AMENDMENT. COUNCILOR PEÑA. >>COUN. PEÑA: THANK YOU, MR. PRESIDENT. WAS THAT IN THE FORM OF A MOTION? I COULDN'T HEAR HE WAS GOING IN AND OUT. >>COUN. BENTON: HE DID MOVE, COUNCILOR PEÑA. WE WANTED TO GET THROUGH. THAT WE HAVE A PACKET OF AMENDMENTS. I DON'T KNOW PROCEDURALLY. I MAY NEED SOME HELP. IF IT'S ALL RIGHT WITH THE MAKER OF THE MOTION, I DON'T KNOW THAT I SAW A SECOND RIGHT AWAY. IT WOULD GO INTO THE NUMBER OF AMENDMENTS WE HAVE TO CONSIDER TONIGHT. >>COUN. LEWIS: THAT'S FINE. >>COUN. PEÑA: THANK YOU, MR. PRESIDENT. I JUST WANTED TO SEE IF ANYBODY FROM THE BOARD OR LEGAL COUNSEL FROM THE CPOA BOARD RECEIVED THE AMENDMENTS INTRODUCED? I'M NOT SURE WHETHER THE BOARD MEMBERS SAW IT? IS THERE ANYONE HERE THAT CAN ANSWER THAT? >>COUN. BENTON: COUNCILOR BASSAN. >>COUN. BASSAN: MR. PRESIDENT, I DON'T KNOW WHICH ONES RECEIVED IT. I KNOW WE FORWARDED IT TO DIRECTOR MCDERMOTT WHO ASKED TO FORWARD IT TO THE FULL BOARD. >>COUN. BENTON: WE DO HAVE HER HERE. I'LL LET HER SPEAK AT THIS POINT. WITH REGARD TO THAT QUESTION. I DO WANT TO HEAR HER TAKE ON WHERE WE ARE. >>COUN. PEÑA: THE QUESTION WAS DID THE BOARD RECEIVE THE FINAL PACKET? >> THANK YOU, MR. PRESIDENT, COUNCILOR PEÑA. YES, THE BOARD WAS FORWARDED WHAT I HAD ORIGINALLY RECEIVED WHICH WAS THE DRAFT, I BELIEVE IT WAS FRIDAY OR SATURDAY. THEY RECEIVED IT AND THE BOARD'S COUNSEL AND THE MEMBER OF DEPARTMENT OF JUSTICE. THAT WAS FORWARDED TO THEM OVER THE WEEKEND. I HAVE NOT FORWARDED THE MOST RECENT BECAUSE SOME OF THOSE MOST RECENT PIECES ARE TALKED ABOUT TODAY. THAT IS DIFFERENT. OVER THE WEEKEND WAS SENT. >>COUN. PEÑA: THANK YOU. >>COUN. BENTON: ANYONE ELSE AT THIS POINT? COUNCILOR DAVIS. >>COUN. DAVIS: NOT TO CONTINUE THAT POINT, MR. PRESIDENT, I WANT TO CLEAR THAT THE VERSION THAT WAS PROVIDED TO MS. MCDERMOTT HAD COMMENTS FROM DIFFERENT COUNCILORS OF PROPOSED AMENDMENTS. EACH OF THOSE IS INCLUDED. UNLESS COUNCILOR BASSAN CAN TELL ME OTHERWISE, THE VERSION WE'RE WORKING ON TODAY IS JUST A FLOOR SUBSTITUTE INCORPORATING THOSE AMENDMENTS ALONG WITH BOARD COMMENTS THAT WE RECEIVED. I THINK I SAW SOME AS LATE AS YESTERDAY FROM A BOARD MEMBER. TO BE CLEAR, IF SOMEONE THINKS THEY DIDN'T GET THE LATEST, THE VERSION THEY SAW THIS WEEKEND PROVIDED TO THE BOARD AND COUNCIL AND DOJ IS THIS VERSION WE'RE WORKING ON. THERE'S STRIKE THROUGH LANGUAGE AND INSORTED THE SUBSTITUTED AMENDED LANGUAGE. JUST A POINT OF ORDER, I GOT DISTRACTED WHEN MY DOGS CAME TO VISIT. WE STILL HAVE NOT YET VOTED ON THE FLOOR SUB? >>COUN. BENTON: THAT'S CORRECT. DID WE GET A MOTION AND A SECOND? WE'RE STILL ON THE DISCUSSION ABOUT SUBSTITUTING THE FLOOR SUB. NOW, AGAIN, I THINK WE'VE HAD THIS DISCUSSION THAT IF OTHER COUNCILORS FEEL LIKE THEY NEED MORE TIME TO DISCUSS THIS, THEN YOU KNOW WE DON'T NEED NECESSARILY TO PROCEED ON THIS TONIGHT. AS WAS STATED BY MR. MELENDREZ, THIS -- DO WE HAVE TO DO A SUSPENSION OF THE RULES TO DO THE FLOOR SUBAGAIN? DID I HEAR THAT CORRECTLY? >> MR. PRESIDENT, COUNCILORS, IF YOU DO NOT MOVE THE FLOOR SUB, OR THE FLOOR IS MOVED, IF YOU WITHDRAW IT AND DECIDE TO MOVE IT NEXT TIME, IT WOULD NEED TO BE DEFERRED ONCE MORE. >>COUN. BENTON: YEAH I WOULD ASK COUNCILORS TO CONSIDER THIS AND WE MAKE AMENDMENTS TO IT. EITHER ACT ON IT TONIGHT OR NOT. COUNCILOR PEÑA. >>COUN. PEÑA: THANK YOU, MR. PRESIDENT. JUST A CLARIFYING QUESTION. AS PART OF THE FLOOR SUB, IS THE SEVEN-MEMBER PART OF THE FLOOR SUB? >>COUN. BENTON: IT IS PART. >>COUN. PEÑA: MY QUESTION WOULD GO TO COUNCILOR LEWIS BECAUSE FOR ME WHAT'S DIFFICULT WITH THAT IS I REALLY APPRECIATE EVERYBODY'S WILLINGNESS TO MAKE THIS WORK FOR EVERYONE. I'VE HAD CONCERN AS YOU KNOW, COUNCILOR BENTON, SERVING AS A COUNCILOR IN MY DISTRICT AT ONE POINT, IT'S ALWAYS VERY DIFFICULT TO GET PEOPLE FROM THE DISTRICT TO BE ABLE TO SERVE IN THIS CAPACITY. I THINK THE FACT THAT IT IS FROM EVERY SINGLE COUNCIL DISTRICT IT PUSHES THE ISSUE OF MAKING SURE WE HAVE THAT DIVERSITY AND EQUITY AS PART OF THIS. FOR THAT REASON, I THINK NINE IS SOMETHING THAT REALLY KEEPS US ON PATH WITH TRYING TO ENSURE THERE'S REPRESENTATION FROM DIVERSITY COMMUNITIES. MY FEAR IS IF IT GOES TO SEVEN, I GET THE CALL WE REALLY NEED TO FIND SOMEONE FROM DISTRICT THREE TO SERVE ON THIS BOARD. THAT IS MY RESERVATION FOR NOT SUPPORTING SEVEN. IF THE FLOOR SUBHAS THE SEVEN, I HAVE ISSUE WITH JUST VOTING ON THE FLOOR SUB. >>COUN. BENTON: IT'S NOT DISTRICTED THOUGH. THE NUMBER NINE WAS A CARRY OVER FROM THE OLD POLICE OVERSIGHT BOARD. THE NUMBER WAS CARRIED OVER AT THE TIME THE SYSTEM WAS PUT IN PLACE WHENEVER IT WAS. THAT NUMBER WAS KEPT IN BUT THE PROVISION THAT IT'S ACTUALLY DISTRICT IS NOT. ANYWAY, I THINK I UNDERSTAND YOUR POINT, COUNCILOR PEÑA. COUNCILOR BASSAN AND COUNCILOR LEWIS. >>COUN. BASSAN: THANK YOU, MR. PRESIDENT. TWO THINGS. ONE, TO GO BACK, WAY BACK TO WHAT COUNCILOR PEÑA WAS ASKING REGARDING HOW THE CHANGES MIGHT AFFECT CURRENT BOARD MEMBERS. WE HAD ORIGINALLY ONCE UPON A TIME, WHAT FEELS LIKE 500 YEARS AGO, CAME UP WITH A CLAUSE THAT ESSENTIALLY DID WHAT I'M GOING TO POORLY DESCRIBE AS GRANDFATHERING. I KNOW SHE WAS GOING TO LOOK AT WORKING AN AMENDMENT FOR THAT TO COME LATER. I DON'T KNOW IF YOU'RE READY FOR THAT YET OR NOT QUITE. I KNOW WE'RE NOT DOING AMENDMENTS. I JUST WANT TO MAKE SURE IT'S IN THE WORKS. I BELIEVE, AND THIS IS WHERE MR. MELENDREZ, I'M CALLING YOU FOR ROBERTS RULES. I BELIEVE IN YOUR FANCY TRAINING WE HEARD WE CAN DO TWO INDICTMENTS AT ONCE IF THEY'RE RELEVANT. DOES THAT APPLY TO A FLOOR SUB? I'M NOT GOING TO DIE ON THE HILL OF NINE VERSUS SEVEN. I THINK THERE'S VALID REASONS BOTH WAYS. IF WE DID NINE, IT'S NINE QUALIFIED TRYING TO STRIVE BALANCE. I THINK GEOGRAPHY IS STILL PART OF IT. I BELIEVE WE HAVE LEARNED THAT YOU CAN HAVE ONE GOING AND DO UP TO TWO THINGS AT ONE TIME SO YOU FEEL COMFORTABLE VOTING FOR THIS FLOOR SUB CONTINUE IF WE CAN CHIP AWAY AT A COUPLE DETAILS. >>COUN. BENTON: YEAH, IN THIS CASE YOU ACTUALLY WOULD BE DOING THREE THINGS AT ONE TIME. THAT'S ACTUALLY OKAY AS WELL. THE WAY THESE THINGS WORK OUT IS IF THE MOTIONS ARE CONSISTENT WITH ONE ANOTHER THEN YOU CAN STACK THEM UP. THE MAIN MOTION IS THE BILL, SECONDARY MOTION IS THE FLOOR SUB, AND IF THERE'S AMENDMENTS BEFORE IT'S MOVED IT'S SIMILAR TO CONTEXT WE SEE MORE OFTEN WHICH IS AMENDMENT TO THE AMENDMENT. IF SOMEBODY WANTS TO MOVE THAT SEVEN BE CHANGED TO NINE AND BE INCORPORATED THAT DOES GET A LITTLE WIT TRICKY TO MAKE SURE EVERYBODY KNOWS WHAT'S GOING ON ESPECIALLY WHEN IT'S DONE ORALLY. THAT'S A DRAWBACK TO THAT PROCESS. THE RULES DO CONTEMPLATE A FEW TYPE OF AMENDMENTS WOULD BE DONE IN WRITING. >>COUN. BASSAN: MR. PRESIDENT, HOW DO WE DO THINGS IN WRITING WHEN WE'RE ONLINE? CAN WE CLARIFY THAT? I WOULD BE WILLING TO SECOND A MOTION, IF COUNCILOR LEWIS WANTED TO MAKE THE AMENDMENT, I THINK IT'S FINE. IT'S APPROPRIATE. I DON'T THINK IT'S SOMETHING THAT'S SUPER PROBLEMATIC. I THINK THE CHANGES THAT WE HAVE PRESCRIBED IN THIS HAVE BEEN REALLY THOUGHT OUT WITH THE IDEA TOO, IF I MAY, THAT RECOGNIZE THIS IS NOT THE END-ALL BE-ALL IT'S NOT THE PERFECT CPOA ORDINANCE. WE'RE GOING TO REVIEW IT AGAIN. WE'RE GOING TO SEE WHAT WE DO RIGHT AND SEE WHAT WE NEED TO FINE TUNE IN THE FUTURE. I THINK WE'RE ON THE RIGHT TRACK. I HOPE WE CAN COME TO A CONSENSUS SO THE BOARD KNOWS WHAT TO DO. >> IT IS A RELATIVELY SIMPLE AMENDMENT. I THINK IF THAT MOTION HAS BEEN MADE TO TAKE IT BACK TO NINE, THAT'S EASY ENOUGH TO INCORPORATE INTO THE SUBSTITUTE THAT WILL BE PREPARED AFTER THIS MEETING TONIGHT AT THE OFFICIAL. >>COUN. BENTON: IF IT'S ALL RIGHT WITH THE CO-SPONSORS, I WILL REENTERTAIN THIS MOTION BY COUNCILOR LEWIS TO CHANGE THIS ONE PART OF THE FLOOR SUB. JUST TO MAKE CLEAR TO EVERYONE. THIS HAS BEEN A VERY LONG PROCESS. WE WANT TO GIVE A HAT OFF TO FORMER COUNCILOR SENA WHO WAS ONE OF THE CO-SPONSORS OF THE INCEPTION. IT GOES BACK TO LAST SUMMER. THERE'S BEEN A LOT OF WORK PUT IN. I'M TOTALLY OPEN TO AMENDMENTS ON THE FLOOR SUB. IT DOES REFLECT A LOT OF GIVE-AND-TAKE WITH THE BOARD AND MS. MCDERMOTT A LOT OF RECOMMENDATIONS HAVE BEEN INCORPORATED IN THIS. PROCEDUALLY IT WOULD BE NICE, I BELIEVE TO CONSIDER THIS IF THE CO-SPONSORS SAY WE'RE GOING TO ENTERTAIN AN AMENDMENT TO THE FLOOR SUB, WHICH IS NOW HAVEN'T DEBATED ANY OTHER ASPECT ON THIS ONE SUBJECT. I DID WANT TO PERHAPS -- I'LL ASK THE CO-SPONSORS ABOUT THAT. IS THAT ALL RIGHT? I KNOW THAT MS. MCDERMOTT, I KNOW I WANT TO ASK A QUESTION. IS THERE A SECOND FROM COUNCILOR PEÑA. >>COUN. LEWIS: MR. PRESIDENT, IF THIS IS APPROPRIATE I'D LIKE TO MAKE THAT MOTION AND WHERE WOULD HAVE PREPARED A WRITTEN MOMENT ON IT. I FELT LIKE IT WAS A PRETTY -- I THINK IT'S JUST STRIKING A LINE. IT'S A VERY STRAIGHTFORWARD AND SIMPLE. TWO THINGS VERY QUICKLY. ONE IS I FULLY UNDERSTAND THIS IS NOT THE NINE MEMBERS JEGRAPH -- IT DOES, MY POINT IS IT ALLOWS FOR DIVERSITY. ALSO, I FULLY BELIEVE IN THE OTHER RECOMMENDATIONS THAT HAVE BEEN MADE ON THE FLOOR SUB. I THINK THEY'RE GREAT SOLUTIONS. I SUPPORT THEM. I THINK IF WE BELIEVE IN THOSE SOLUTIONS, IF WE BELIEVE THAT THOSE ARE GOING TO WORK, THEN THEY WILL ALSO WORK FOR THE NEED OF THE REASON WHY WE WOULD WANT TO GO TO SEVEN MEMBERS. THEY'RE GOING TO SOLVE THAT ISSUE. THAT'S WHY I MAKE THE RECOMMENDATION. THANK YOU, MR. PRESIDENT. >>COUN. BENTON: I SEE NO OBJECTIONS. WE HAVE A MOTION AND A SECOND FOR AN AMENDMENT TO THE FLOOR SUB, WHICH IS ON THE TABLE NOW. THIS WOULD BE AN AMENDMENT TO THAT MOTION OF THE SUBSTITUTION. MY RECOLLECTION WAS A QUESTION ABOUT THE NUMBER THATHE SWEET SP OF THE NUMBER OF MEMBERS MAKING QUORUM. THIS IS A VOLUNTEER BOARD. I WANTED TO ASK MS. MCDERMOTT OF THE RECLECTION OF TT DISCUSSION. >> MR. ESIDENT, MEMBERS, IN TERMS OF THE QUANTITY, YOU'RE ASKING IF SEVEN OR NINE IS CONSIDERED A BETTER NUMBER FOR QUORUM PUOSES? IS THAT YOUR QUESTION? OKAY. I JUST WANT TO MAKE SURE I UNRSTOOD. YOU KNOW, EITHER IS WORKABLE. OF COURSE WHEN YOU HAVEORE MEMBERS THAN A QUORUM IS EASIER TO ATTAIN. BECAUSE IT IS A VUNTEER BOARD, THE MAIN IMCT OF TH QUANTITY HAS I SOMEWHAT QUORUM BU MORE IMPORTANTLY SOME OF THE SUBCOMMITTEES AND THE NUMBERS OF PEOPLE ON SUBCOMMITTEES SEVEN AND NINE, I THINKRETTY MUCH GIVE YOU THAT FREEDOM I PERSONALLY DONT HAVE HUGE TEREST IN EITHERWAY. I THINKITHER CAN BE BENEFIAL AND EHERAN WORK JUST TALKING ABOUT THAT ASPECT OF IT, I THINK WHICHEVE THE COUNCIL RERSO GO WITH IS WORKABLE. >>COUN. BENTON: IF I MAY, WAS THAT PTTY CH YOUR RECOECION O THE DEBATE OR DISCUSSION IF ANY AMONG THE BOA ONEVEN OR NINE? >> THE BOARD MEER THERE SN'T A UNANIMOUS -- I KNOW THERE'S A LOTF THIN THAT HAPPEDND TO KEEP TRACK OF. THE WERE -- AGN, W OY HAVE FIVE MEMBERSO IT'S HARD TOET A BIG READ ON . REE MEMBERS DI VE IN FAVOR OF THESEVEN. TWO IELIEVE WANTED TBE THE NI. >>CO. NTON: THAK YOU. ANY OTHER CNTS OR QUESTION FROM COUNLO? IFNOT, WE HAVEHIS MOTION ON THE FLR. THIS WOULDE TO CHANGEAT ONE PROVION ON THE FOOR SU. PLEASE CLL THE T THIS WOULD BE TO CHANGEACK TO NE, WHICH WHE IWAS. >>COUN. BASSAN: YES. >>UN. DAVIS: NO. >>COUN. FIEBKORN: NO. >>COUNGROUT: >>COUNJOES: YES. >>COUN. LEWIS:S. >>CO. PEÑA: YES. >>UNSANCHEZ: YES. >>CO. BENTON: NO THANK YOU. WERE BAC ON THELOOR SUB. AS AMDED. COUNLORS, AS MR.MELENDRE EXPLNED, IN ORDER TO MOVE THIS FORWRD,E COULD SU END - SPENDHE RULE AND ACTUALLY CONSIR T DEILS OF TH TONIGHT. AT LEASO PU THEUBITUTE ONHE FLOOR IS IMPNT PROCURELY SO THEEXT MEETING YBDY CAN DIGEST THI AND VOTE O THE BILL AT THAT TIME IN THEORY. IF EVEYONE IENABLE. W C VOT ONHEINAL PASSAGE OFHE BILL AT THE TIME WITHT TH RULES ENDMENT. THAT W I TNK IT'S WOHWHE TO GET THE FLOOR SUBSTITEEFORE USO WEAN DEBATE A. UNLESS THERE'S AN OTHER QUESSR STATEMES ABOUT TH. ERE'S A MOTIO AND AECOND FOR SUBSTITUTIO PLEEALL THE VOTE. >>COUN. BAAN:YES. >>UN. DAVI YE >>COUN. EBELKOR YE >>COUN. GRT: YES. >>COUNJONES: YES. >>COUN. LEWIS:YES. COUN. PEÑA YES. >>CO. SAHEZ: YES. >>COBENTON:YE ALL GHT. THANK YOU NO WE'REACK ON THE BILL AS IN THE PACGEHAT'M GOING TO K TO BE WKED THROUGH THESE. I'LL HAVE THE SPAWNRS INODUCE THEM FIRS I'LL START IN . E RSTNE WLD BE F AMDMENT NUMBER ONE. THIS ISOUNCOR SANCHEZ. >>COUNSAHEZ: THA YOU, MR. PRESIDENT. THEPOAND APD DEVLOP A MEDIATION PROGRAMHAT ALLOWS F CIVILIANCOMPLAI AND FIRS THE OPPORTUNITY TO COMMUNATEEGARDING DISPUTES AN RCH THEIR OWN SOTIONS. APDHOLD ENSURE THEY HAVE RESOURCESVAILABLE IN ADVANCE OF THE MEDIATION TO EXPLAIN THE BENEFITS IT PRODES FOR THE OFFICERS IN RATIONSHIP TO CITINS THE REASON FOR THISS I BIEVE THAT WE CN ELIMINATE A LOT OF CITIZEN COMPLAIN AT A LOWER EL. MAURE THECOLAINTS CAN BE TAKEN CAREF BETWE THE FICER AND THECOMPLAINANT WITH TH OVER OVER SIGHT OF THE MEDIATOR. OW THERE'S TIMES WN A MEDIATN DOESN'T WANT TO BE ACCEPTED BY THEOMPLAINANT AND MAYBEANTS TO COMPLAIN. I THINK IF WE HAVE SNN THE GAME ON BOT SIDES, WE HAVE TH MEDIATOR WHO IS ACTUALLY AN AD SUPERVISOR AND THE OFFICER INVOLVE AND THE PERON THAT WAS COLAINENED ON AND THE COMPLAINANT IN THE SAME RO AND WORK OUT THE SITUATION. ONE, YOU'RE GOING TO GET THE COMPLAINANTHO IS OK WITH INSTEAD OF JUST WALKING IN HE DOOR WITH TWO OFFICERS, HE GOING TO SEE A CILIAN OVERSIHT PERSON IN THERE. AT THAT POINT HEL BE MOR APT TO WALK IN AND RESOLV THE COMPLAINT. ON THE OTHER SIDEHE OFFICER IS GOING TO BE MORE PT TO WANT TO WORK THAT COMPLAINT THROUGH AS WE BY ACTUALLY BING ABLE TO EXPLAIN WHAT WENT ON. MAYBE THAT OFFICER JUST SAW A SEVERE DOMESTIC VIOLENCE CALL RIGHT WFR -- BEFORE THAT AND MAYBE JUST WATCHED SOMEBODY GET THEIRACE ASHED. THERE'S A LOT OF THINGS THAT CAN BE WORKED OUT. IF WE HAVE BOTH SIDES WITH SKIN IN THE GAME AND ALSO THE OFFICER WORKING THROUGH IT, AND ALSO HEARING EXPLANATION FROM THE OFFICER, AND ALSO EXPLANATION FROM THE COMPLAINANT, I HONESTLY BELIEVE YOU CAN PROBABLY GET RID OF A TON OF VERY MINOR COMPLAINTS. THANK YOU, MR. PRESIDENT. >>COUN. BENTON: THANK YOU, COUNCILOR. IS THERE A SECOND ON THE MOTION? SECOND FROM COUNCILOR BASSAN. THANK YOU. WE ARE ON FLOOR AMENDMENT NUMBER ONE. I THINK IN THE EXPLANATION THERE WAS A DISCUSSION ABOUT HOW -- I THINK THIS SOUNDS PRETTY GOOD. JUST A CAVEAT IS THIS REQUIRES A WAVER FROM THE DOJ TO REALLY IMPLEMENT THE PROGRAM ONCE IT'S WORKED OUT. I THINK WHAT COUNCILOR SANCHEZ IS PROPOSING IS A PROCESS TO WORK IT OUT AND WE DON'T HAVE TO GO TO THE NEXT STEP. THAT'S A QUESTION FOR THE SPONSOR OF THE AMENDMENT. COUNCILOR SANCHEZ, DID I GET THAT RIGHT? >> MR. PRESIDENT, THAT'S CORRECT. THE CITY WOULD NEED TO OBTAIN A WAVER FROM THE DOJ TO CONTINUE IMPLEMENTING THE MEDIATION PROGRAM. THIS IS SOMETHING THAT HAS HAPPENED IN THE PAST. MY UNDERSTANDING IS THERE IS AN OPENNESS TO DOING IT AGAIN FROM THE CPOA AND DOJ. >>COUN. BENTON: THANKS FOR THAT EXPLANATION. COUNCILOR BASSAN. >>COUN. BASSAN: MR. PRESIDENT, IF WE HAD TO GET THAT WAVER, IF WE PASS THIS AMENDMENT, AND EVENTUALLY IN THE NEXT COUPLE WEEKS PASS THE FLOOR SUB, IF WE DON'T GET THE WAVER IN ADVANCE HOW DOES THAT FALL INTO THIS? THERE'S THAT PART OF THE QUESTION, BUT ALSO I THINK IT SOUNDS VERY GOOD. I THINK ANY KIND OF MEDIATION. THIS IS PART OF THE DISCUSSION WE'VE BEEN HAVING IS THE MEDIATION PROCESS OR PART OF THE HEARING PROCESS AND PUBLIC COMMENT, THERE SHOULDN'T JUST WE ONE SIDE THAT GETS TO SPEAK OR ASSISTANCE. MY SECOND PART OF THE QUESTION IS THIS SOME WE SHOULD PERHAPS ADD IN, BUT ONLY AFTER WE GET A WAVER? WHICH COMES FIRST? >>COUN. BASSAN: THANK YOU, COUNCILOR BASSAN. MY UNDERSTANDING -- >> NOT HAVING A WAVER IN PLACE CURRENTLY, AS HAS BEEN IN PLACE WITH THIS MEDIATION PROVISION, IT WOULD BE SOMETHING THAT'S THOUGHT CARRIED OUT BY THE CPOA. IT WOULD BE AN OPTION SHOULD THERE BE A WAVER, IT WOULD BE AN UNENFORCEABLE OR SOMETHING THAT IS NOT ACTED UPON BY THE BOARD. >>COUN. BENTON: COUNCILOR BASSAN, ANY FOLLOW UP ON THAT? >>COUN. BASSAN: I'M NOT A FAN, MR. PRESIDENT, OF DOING SOMETHING THAT CAN'T BE DONE. WHY ARE WE PUTTING IT IN THERE IF WE'RE FOUGHT GOING TO BE ABLE TO FOLLOW UP ON IT UNLESS WE DO THE RIGHT PROCESS TO MAKE IT EFFECTIVE? >>COUN. BENTON: I'M GOING TO ASK MS. MCDERMOTT. >> THANK YOU, MR. PRESIDENT, MEMBERS OF THE BOARD. JUST TO ANSWER THE ONE QUESTION, IN PAST THE ORDINANCE DID SAY MEDIATION FIRST. WHEN WE DID NOT HAVE THE WAVER FROM THE DOJ, WE JUST DIDN'T UTILIZE THAT AS AN OPTION. THAT IS HOW IT WOULD CONTINUE TO WORK. I DID WANT TO CLARIFY, HOWEVER, COUNCILOR SANCHEZ IT I UNDERSTAND CORRECTLY, WAS THE PROPOSAL TO HAVE THE MEDIATORS BE APD INDIVIDUALS ASK POSSIBLY CPOA INDIVIDUALS? OR DID I MISUNDERSTAND THAT? >>COUN. SANCHEZ: IN A PERFECT WORLD, I'D LIKE TO SEE MAYBE A POLICE ADMINISTRATOR RUNNING THE MEETING. IT COULD ALSO BE THE CHAIR OF THE BOARD. EITHER WAY, I THINK IT'S IMPORTANT THAT BOTH GET THE CHANCE TO SPEAK. THE PERSON WING BEING COMPLAINED ON AND THE COMPLAINANT. AT THAT POINT EVERYBODY HAS SKIN IN THE GAME. ONE OF THE THINGS THAT I THOUGHT WAS VERY IMPORTANT IS THAT IF YOU HAVE AN INDIVIDUAL FROM THE CPOA INVOLVED IN THE MEDIATION, THEN YOU'RE ALSO GOING TO GET THAT PERSON WHO IS MAKING THE COMPLAINT MORE APT TO TRY WORK IT OUT BECAUSE SOMEBODY FROM OVERSIGHT IS INVOLVED IN THE ROOM. IT'S NOT JUST TWO POLICE OFFICERS TRYING TO MEDIATE. IF YOU HAVE THE POLICE OFFICER, SOMEBODY WITH AUTHORITY, AND THE PERSON WHO MADE THE COMPLAINT IS WILLING TO WORK IT OUT, THEN I THINK YOU CAN ACTUALLY GET THOSE DONE PRETTY QUICKLY. IN MY PAST EXPERIENCE AT APD, WE USED TO DO MEDIATION. SIMILAR TO THIS, IN TERMS OF GOING TO INTERNAL AFFAIRS, WE WOULD ACTUALLY ASK THE PERSON IF THEY WANTED TO GOING TO MEDIATION. AND AT LEAST HAVE A FACE-TO-FACE WITH THE OFFICER. AND TRY TO WORK OUT THE DIFFERENCES. IF YOU HAD A GOOD MEDIATOR, AND I DID SOME MYSELF, YOU WOULD ACTUALLY GET BOTH SIDES TO COMMUNICATE WITH EACH OTHER AND THEN WORK IT OUT. BY THE TIME THEY WALKED OUT OF THE ROOM THEY SHOOK HANDS AND WERE FRIENDS. THE ONLY OTHER PROBLEM THAT I SAW IS THAT WE WOULD HAVE A LOW AMOUNT OF PEOPLE WANTING TO WALK IN THE DOOR TO THE MEDIATION IF THERE WAS JUST TWO OFFICERS GOING TO BE IN THE ROOM. WITH A PERSON FROM THE CPOA IN THERE AND IT BEING OBVIOUS THAT THEY'RE GOING TO BE ABLE TO EXPRESS THEMSELVES TO SOMEBODY CONSIDERED POLICE OVERSIGHT I THINK YOU CAN ACTUALLY GET DOUBLE OR TRIPLE THE AMOUNT OF PEOPLE WILLING TO GO AHEAD AND FOLLOW THROUGH WITH MEDIATION AT THAT POINT. I DON'T KNOW IF I ANSWERED THE QUESTION. >> COUNCILOR BENTON, IT YOU'LL INDULGE ME. JUST TO -- I AM FAMILIAR WITH INMEDIATION YOU SPEAK OF. IT WAS AROUND AT THE TIME I WAS EMPLOYED WITH THE AGENCY. THE WAY IT WORKED MORE CURRENTLY IS WE ACTUALLY HAD -- WE WORKED THROUGH THE ALTERNATIVE DISPUTE RESOLUTION DEPARTMENT. WE HAD INDEPENDENT MEDIATORS. I WOULD STRUNGLY ENCOURAGE IT TO BE INDEPENDENT MEDIATORS RATHER THAN THE DESCRIPTION YOU HAVE RIGHT NOW. WE HAVE CITIZEN WHOSE ARE INTERESTED IN MEDIATION. THEY GENERALLY ARE RETICENT TO BE WITH OFFICERS, BUT WHEN THEY FIND OUT IT'S CONTRACTED MEDIATOR, THERE'S ADDITIONAL WILLINGNESS. I CAUTION IT BEING IN THE FORMAT YOU DESCRIBE. I ENCOURAGE IT TO BE THE INDEPENDENT CONTRACTOR MEDIATOR WHO IS A HIRED PROFESSIONAL FOR THAT TO WHERE THE CITIZEN AND OFFICER MEET WITH THAT MEDIATOR. THAT SEEMS TO BE THE BEST FORMULA THAT WE'VE FOUND FOR MOST RECENTLY VERSION. >>COUN. SANCHEZ: THANK YOU. MR. PRESIDENT, ONE OF THE THINGS THAT I LEARNED BEING A POLICE OFFICER FOR MANY, MANY YEARS IS THAT WE HAVE CERTAIN WAY THAT WE'RE SUPPOSED TO BE DOING THINGS BY THE BOOK. THE SOP, RULES AND REGULATIONS. AND WHAT WILL HAPPEN ON YOUR INVESTIGATION IS IT'S GOING TO BE WHAT I'M LOOKING AT IS WE'RE LOOKING AT TRYING TO MAKE SURE THAT THE CITIZENS UNDERSTAND WHAT THE POLICE ARE DOING. THAT'S ONE OF THE REASONS WHY WE HAVE THE POLICE OVERSIGHT BOARD. WE WANT TO MAKE SURE THEY UNDERSTAND WHAT'S GOING ON IN THE LIVES OF THE WORLD OF THE POLICE SO THEY CAN SEE WHAT'S GOING ON. IF YOU HAVE AN INDEPENDENT MEDIATOR AND DON'T HAVE AN OFFICER OR EVEN SUPERVISOR OF THE OFFICER, THEN THE FACT OF WHAT YOU'RE SUPPOSED TO BE DOING AS A POLICE OFFICER CAN WE OVERLOOKED OR WATCHED BY SOMEBODY WHO IS IN COMMAND. I REMEMBER AS A LIEUTENANT WE'D WALK IN AND THE MEDIATION WOULD BE READY TO START. YOU WOULD SEE THE OFFICER BEFOREHAND. THE OFFICER IS NOT GOING TO WALK IN WITH AN ATTITUDE IF THE LIEUTENANT IS SITTING THERE. HE'S GOING TO DO WHAT HE HAS TO DO TO TAKE CARE OF BUSINESS. IT'S ALSO GOING TO BE A SITUATION WHERE HE IS GOING TO BE PROBABLY TAUGHT A FEW THINGS BY THAT LIEUTENANT ON HOW TO TREAT THE CITIZENS. IF IT'S AN INDEPENDENT MEDIATOR YOU'RE GOING TO SEE AN OFFICER WHO WALKS IN AND DOESN'T HAVE A CHANGE OF HIS MIND OR HIS HEART AND DOESN'T LEARN SOMETHING EXTRA THAT DAY. I THINK IT'S VERY IMPORTANT THAT EACH AND EVERY OFFICER MAINTAINS THEIR INTEGRITY AND WALKS IN AND TALKS AND LEARNS SOMETHING WHILE HE'S BEING OVERSEEN BY ONE OF HIS SUPERIORS IN TERMS OF THESE POLICIES AND PROCEDURES AND ATTITUDE, THE WAY YOU'RE DOING THINGS NEEDS TO CHANGE. AT THAT POINT THAT COULD BE CARRIED BACK TO THE OFFICER IF HE IS NOT DOING HIS JOB AND NOT TREATING THE PUBLIC IN THE MATTER THAT HE SHOULD BE. I REMEMBER BEING ABLE TO ADDRESS SOME OF THOSE SITUATIONS WHEN THE OFFICER FELT LIKE HE WAS IN THE RIGHT AND AN ARGUMENT JUST ABOUT STARTED TO ENSUE. AT THAT POINT HIS HIGHER UP CAN SAY WAIT A MINUTE AND PUT A STOP TO THAT AND COOL HIS JETS IN A WAY. >>COUN. BENTON: WE DO HAVE SOME OTHERS LINED UP TO SPEAK. >> THANK YOU, MR. PRESIDENT. I JUST WANT TO ADDRESS A COUPLE OF THINGS THAT CAME UP IN THE DISCUSSION BETWEEN COUNCILOR SANCHEZ AND DIRECTOR. FIRST, THE ORDINANCE IN ITS CURRENT FORM DOES STATE THAT MEDIATORS SHOULD BE INDEPENDENT OF THE CPOA, APD, AND THE CITY. AND SHOULD NOT BE FORMER OFFICERS OR EMPLOYEES OF APD. THAT'S IN THE SAME ORDINANCE BEFORE ANY AMENDMENTS COME INTO PLAY. THE AMENDMENT PROPOSED BY COUNCILOR SANCHEZ ALSO INCLUDES A PROVISION THAT WOULD ENSURE THE OFFICERS HAVE MENTORSHIP RESOURCES AVAILABLE IN ADVANCE OF MEDIATION. IT DOESN'T GO INTO DETAIL WHAT THAT LOOKS LIKE. THAT CAN BE A SUPERVISOR OR SOMEONE ELSE FROM APD ENGAGING WITH MEDIATION DISCUSSION WITH OFFICERS BEFORE THEY GET GOING IN THE PROCESS. >>COUN. BENTON: IS THERE ANYTHING TO PREVENT THAT TYPE OF MENTORING PRIOR TO THE ACTUAL MEDIATION? >> COUNCILOR BENTON, DO YOU MEAN IN THE CASA THE. >>COUN. BENTON: WELL, IN THE CASA OR IN THE WAY THIS IS CURRENTLY WRITTEN. THAT'S A PRE-PREPARATION WITH THE ASSISTANCE OF ANY SORT OF MENTOR FROM APD WITH THE OFFICER WHO IS IN QUESTION. >> MR. PRESIDENT, I DON'T BELIEVE THERE'S ANYTHING WRITTEN THAT WOULD PREVENT THAT FROM BEING PART OF THE PROCESS FOR OFFICERS ENGAGING IN MEDIATION. >>COUN. BENTON: THANKS FOR THE CLARIFICATION. COUNCILOR BASSAN AND COUNCILOR LEWIS. >>COUN. BASSAN: THANK YOU, MR. PRESIDENT. SHE TOUCHED ON WHAT I WAS HOPING TO MENTION. THANK YOU FOR THAT. IN ADDITION TO THAT, IN THE AMENDMENT THAT COUNCILOR SANCHEZ HAS, IT REITERATES MEDIATORS SHOULD BE INDEPENDENT OF THE CPOA, APD AND CITY. I DON'T KNOW IF YOU'RE HOPING TO STRIKE THAT. OR LEAVE THAT? AGAIN, I AGREE. I THINK IT'S GOOD TO HAVE POETH -- BOTH PARTIES HAVE THE OPPORTUNITY INTEREST -- FOR IF WE LEAVE IT, WE CAN'T HAVE APD MEMBERS BE PART OF THE MEDIATION PROCESS. I JUST WANT TO MAKE SURE TO THE CLARIFY THAT DETAIL BEFORE WE MOVE ON WITH IT. >>COUN. SANCHEZ: THANK YOU, COUNCILOR BASSAN, MR. PRESIDENT. I THINK IT WOULD BE AN IMPORTANT THING TO ACTUALLY STRIKE. LIKE WAS ADVISED, IF YOU HAVE THE QUICK MEETING BEFORE THE MEDIATION PROCESS, I HONESTLY THINK THE OFFICER LEARNS SOMETHING. THEN GOES THROUGH THE PROCESS WITH THE MEDIATION. IF IT'S JUST A SIMPLE SITUATION WHERE HE MAY HAVE CUSSED OR SAID SOMETHING THAT OFFENDED THEM, MAYBE NOT DIRECTED AT THEM AND THEY DIDN'T LIKE HIS ATTITUDE, THAT COULD BE EASILY WORKED OUT IN A QUICK CONFERENCE RIGHT BEFORE THAT. I THINK PROBABLY SHOULD BE PUT TO WORK. THE WHOLE IDEA HERE IS THAT EVERYBODY WORKS TOGETHER. IOID LIKE SEE THE COUNCIL COME INTO A NICE RESOLUTION SO THAT WE CAN ACTUALLY HAVE EVERYBODY THAT IS INVOLVED HAS SKIN IN THE GAME. APD, I THINK THEY DESERVE A CHANCE TO ACTUALLY WORK IT OUT IF IT'S A MINOR COMPLAINT. I ALSO THINK THAT BASED ON THE FACT IF OVERSIGHT PERSON WAS THERE, IT WOULD ACTUALLY OPEN THE DOOR FOR MORE MEDIATION AND GIVE APD THE OPPORTUNITY TO ACTUALLY CORRECT ITSELF AND THE OFFICER TO LEARN A VALUABLE LESSON. THAT'S WHERE I WAS GETTING AT. >>COUN. BASSAN: MR. PRESIDENT. IF I MAY RESPOND? >>COUN. BASSAN: I'M ALL FOR THE MENTORING PART. I DON'T THINK IT'S WISE TO STRIKE-OUT THE LINE MEDIATORS SHOULD BE INDEPENDENT OF THE CPOA, APD AND THE CITY. TO ME A MEDIATOR NEEDS TO BE A COMPLETELY AND ENTIRELY NEUTRAL PARTY IN ORDER TO SIT THERE WITH BOTH PARTIES INVOLVED AND BE ABLE TO DISCUSS THE AVENUES AND ASPECTS OF WHAT THEY'RE TRYING FIGURE OUT. I THINK THE MENTORSHIP IS GREAT IDEA. THE MENTORSHIP, MAKE SURE THE OFFICER AND WHOEVER NEEDS MENTORING ON ONE SIDE OR THE OTHER. I CAN TOTALLY AGREE WITH THAT. I DON'T KNOW IF I SUPPORT, OR I WONDER TOO, IF THE DOJ WOULD SUPPORT ANY KIND OF WAVER IF WE SAID THAT MEDIATORS ARE NOT INDEPENDENT. I JUST WANT TO CLARIFY. I THINK IT SOUNDS TO ME LIKE YOU'RE REALLY TALKING MORE OF THE MENTORSHIP. NOT NECESSARILY THE MEDIATOR. >>COUN. SANCHEZ: THANK YOU, COUNCILOR BASSAN, MR. PRESIDENT. I ACTUALLY UNDERSTAND EXACTLY WHAT YOU'RE SAYING. IT DOES MAKE SENSE THE YOU'RE PUTTING IT IN. IF WE HAVE THAT MENTORSHIP RIGHT BEFORE THE MEDIATION, I THINK IT WOULD ACTUALLY WORK OUT WITH THE SAME WAY THAT I'M TALKING ABOUT. I THINK THAT WOULD WORK. THANK YOU SO MUCH. I THINK THAT'S REALLY, REALLY GOOD. THANK YOU FOR CLARIFYING THAT. I LIKE IT. >>COUN. BENTON: COUNCILOR LEWIS IS IN THE QUEUE. JUST TO CLARIFY, WOULD THAT MEAN -- THE MEDIATION PROGRAM IS ANTICIPATED IS THE CITY'S ALTERNATIVE DISPUTE RESOLUTION PROGRAM. IS THAT ACCEPTABLE, COUNCILOR SANCHEZ? >>COUN. SANCHEZ: YES. I ACTUALLY LIKE WHAT COUNCILOR BASSAN SAYS. IF WE CAN STILL HAVE SOME SORT OF PROCESS WHERE THE OFFICER CAN MAYBE MEET WITH ONE OF THE SUPERVISORS AND GET A BIT OF TRAINING RIGHT BEFORE THE MEDIATION AND GET A LITTLE TRAINING RIGHT AFTER THAT MEDIATION AND THE REST OF THE PROCESS WOULD BE AS I EXPLAINED. INCLUDING AN OVERSIGHT MEMBER. THAT DOES SOUND LIKE IT WORKS FINE. THANK YOU. >>COUN. BENTON: ALL RIGHT. COUNCILOR LEWIS. >>COUN. LEWIS: MR. PRESIDENT, I JUST -- I THINK I SAW THAT MR. MELENDREZ, I THINK THIS IS HOW GOOD AMENDMENTS ARE MADE. I ALSO UNDERSTAND THAT THERE HAVE BEEN THE CITY LEGAL HAS REQUESTED WAVERS SIMILAR TO THIS AND THE DOJ HAS CONCURRED. I THINK IF WE GET THE RIGHT LANGUAGE ON THIS WE'LL GET THIS. DOING THIS AMENDMENT IS KIND OF CHARGE TO THE CITY LEGAL TO MAKE THE REQUEST AND SEND THAT WAVER. I SEE THEM CONCURRING. IT SOUNDS LIKE WE NEED TO WORK A LITTLE BIT OF THE LANGUAGE. I SAW THAT CHRIS MIGHT WANT TO COMMENT ON THAT AS FAR AS GETTING THE LANGUAGE RIGHT. >> MR. PRESIDENT, COUNCILOR LEWIS, I JUST WANT TO CLARIFY. THERE'S BEEN A LOT OF DISCUSSION OVER THIS AMENDMENT. I THINK AFTER HEARING FROM COUNCILOR SANCHEZ AND COUNCILOR BASSAN THAT MY UNDERSTANDING IS THAT THE AMENDMENT IS FINE AS WRITTEN. I THINK THERE'S A QUESTION THAT IT MIGHT NEED CHANGES. I DON'T BELIEVE THAT MS. MCDERMOTT'S JOB HAS USED THE SAME CITY MEDIATORS. THEY HIRE THEIR OWN MEDIAMEDIAT. THE INTENT OF THE AMENDMENT IS COORDINATION HAPPENS BETWEENS APD AND CPOA SO THE PRE-MEDIATION MENTORSHIP CAN OCCUR. IT SEEMS LIKE THE MEETING OF THE MINDS THAT THE LANGUAGE IS OKAY AS IT IS. >>COUN. BENTON: IS THAT CORRECT, COUNCILOR BASSAN, AS FAR AS YOUR DISCUSSION ON THAT? >>COUN. BASSAN: YES, MR. PRESIDENT. I JUST WANTED TO MAKE SURE THAT ONCE WE CLARIFY THE DIFFERENCE BETWEEN MEDIATOR AND MENTOR THAT HELPED. THANK YOU. >>COUN. BENTON: I THINK THIS IS OUTLINING JUST SAYING THAT APD AND CPOA SHOULD COLLABORATE ON SETTING THE PROGRAM. LET'S HEAR FROM MS. MCDERMOTT. >> YOU'RE -- FEW POINTS OF CLARIFICATION. COLLABORATION BETWEEN THE DEPARTMENT AND CPOA, WE HAVE ENCOURAGED EDUCATING THE DEPARTMENT GENERALLY ABOUT MEDIATION, THE BENEFIT AND CHALLENGES. I JUST WANTED TO THROW THAT OUT THERE. IN THE PAST, WE HAVE USED CITY CONTRACTED MEDIATORS THROUGH THE ADR AGENCY. HOWEVER, WE ACTUALLY DO WANT TO HAVE A DIRECT CONTRACT ASSUMING THAT THE BUDGET CYCLE APPROVED. WE WANT TO HIRE A CONTRACTED INVESTIGATOR -- MEDIATORS DIRECTLY SO THAT WE HAVE A DIRECT CONDUTE VERSUS A GO BETWEEN. YES, WE'VE USED ADR IN THE PAST. OUR PLAN TO MAKE THIS MORE SUCCESSFUL WOULD BE TO HAVE A DIRECT CONNECTION WITH IT. AND TO WHOSE QUESTION ABOUT WHAT THE DOJ IN SUPPORT OF, BASED ON CONVERSATIONS IT WOULD NEED TO BE INDEPENDENT MEDIATORS TO GRANT THAT WAVER. PRE-MENTORSHIP AND PROGRAM AND EDUCATION PERFECTLY GREAT. ACTUAL MEDIATORS WOULD HAVE TO BE INDEPENDENT. >>COUN. BENTON: THANK YOU. I SEE MR. MORRO FROM CITY ATTORNEYS, DO YOU HAVE SOMETHING TO COMMENT ON? >> I DO. THANK YOU, COUNCILOR BENTON. I JUST WANT TO ADDRESS COUNCILOR LEWIS AND HIS REQUEST THE CITY ATTORNEY REACH OUT TO DEPARTMENT OF JUSTICE. I HAVE BEEN IN CONTINUOUS CONTACT WITH MS. MARTINEZ AND OTHER MEMBERS OF THE DOJ TEAM. I THINK THEY ARE WILLING TO ENTERTAIN ANOTHER TEMPORARY MODIFICATION, A PILOT PROGRAM TO ADDRESS THE MEDIATION PROCESS. I ALSO ECHO WHAT MS. MCDERMOTT SAID, THEY WOULD INSIST OF AN INDEPENDENT MEDIATOR. I'M HAPPY TO REACH OUT TO DOJ AND GET BACK WITH THE COUNCILORS TO LET YOU KNOW WHAT THAT LOOBS -- LOOKS LIKE. >>COUN. BENTON: THANK YOU FOR THE CLARIFICATION AND WILLINGNESS TO TAKE THIS ON. I THINK I MAY HAVE TAKEN US DOWN A RABBIT HOLE TALKING ABOUT ADR PROGRAMS. THANKS FOR THAT CORRECTION. I BELIEVE MY SENSE AT THIS POINT IS THIS AMENDMENT IS STILL BEFORE US AS PRESENTED AS WRITTEN. WE DON'T SEE A CONFLICT HERE, UNLESS THERE'S ANY FURTHER DISCUSSION WE'LL GO TO A VOTE ON AMENDMENT NUMBER ONE. >>COUN. BASSAN: MAY I PLEASE CLARIFY, IS THIS AMENDMENT NUMBER TWO? >> IT IS AMENDMENT NUMBER TWO. >>COUN. BENTON: DOES IT MATTER? >>COUN. BASSAN: MR. PRESIDENT, WE ALREADY VOTED ON AMENDMENT NUMBER ONE WHICH WAS COUNCILOR LEWIS'S CHANGING SEVEN MEMBERS TO NINE MEMBERS. >>COUN. BENTON: THIS IS AMENDMENT NUMBER TWO. >>COUN. BASSAN: YES. >>COUN. DAVIS: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. BENTON: YES. THANK YOU. NOW WE'RE ON FLOOR AMENDMENT NUMBER THREE. I DID MISSPEAK. THESE ARE THE ONLY -- THIS IS THE LAST AMENDMENT WE HAVE FOR TONIGHT. AGAIN, COUNCILOR SANCHEZ. FLOOR AMENDMENT NUMBER THREE. >>COUN. SANCHEZ: THANK YOU, MR. PRESIDENT. BOARD MEMBERS SHALL ALSO PARTICIPATE IN TWO THERE'S RIDE-ALONGS FOR EVERY SIX MONTHS OF SERVICE WITH ONE AT COMPLETED AT EACH QUARTER. THIS UPS THE AMOUNT OF RIDE-ALONGS. IN MY OPINION WE WANT TO GET TO COLLABORATE WITH BOTH THE POLICE OVERSIGHT AND ALSO WITH THE POLICE DEPARTMENT. I THINK IT'S VERY IMPORTANT THAT THE OFFICERS AND THE OVERSIGHT MEMBERS TRY TO FIND A WAY TO WORK TOGETHER AND BE MORE ACTIVE WITH EACH OTHER. YOU CAN END UP BEING AN OVERSIGHT MEMBER AND DEVELOP RELATIONSHIP WITH THE OFFICER AND ACTUALLY JUST SEE WHAT ACTUALLY GOES ON A DAY T THEY. IT'S IMPORTANT IF YOU DO A RIDE ALONG, YOU DO IT ON A FRIDAY NIGHT SO YOU SEE WHAT GOES ON WITHIN A VERY BUSY SHIFT. I THINK IT'S IMPORTANT SEE WHAT THE OFFICERS GO THROUGH AND HOW IT'S TAXING ON AN OFFICER TO GO FROM CALL TO CALL AND NOT HAVE A WHOLE LOT OF BREAK IN BETWEEN AND ALSO THE -- WHAT THEY ACTUALLY DEAL WITH IN THIS DAY AND AGE. I THINK IT'S REALLY IMPORTANT THAT ACTUALLY WE INCREASE THE RIDE-ALONGS. THANK YOU. >>COUN. BENTON: DID YOU MAKE A MOTION FOR APPROVAL, COUNCILOR? >>COUN. SANCHEZ: YES. >>COUN. BENTON: IS THAT A SECOND, COUNCILOR BASSAN? >>COUN. BASSAN: I'LL SECOND IT, BUT I ALSO HAVE A QUESTION. >>COUN. BENTON: PROCEED WITH YOUR QUESTION. >>COUN. BASSAN: IT ACTUALLY SAYS TWO POLICE RIDE-ALONGS EVERY SIX MONTHS. ONE PER QUARTER, TWO SIX MONTHS. I DON'T SEE IT AS BEING UPPED JUST MAKING SURE THE FREQUENCY IS SPREAD OUT OVER THREE MONTHS. CAN YOU CLARIFY THAT AND IN INTENTION, IS IT SPLITTING HAIRS? >>COUN. SANCHEZ: I THINK -- THANK YOU, COUNCILOR BASSAN AND MR. PRESIDENT. I THINK IT'S IMPORTANT TO ACTUALLY BE IN A SITUATION WHERE YOU ACTUALLY SPREAD IT OUT. FOUR RIDE-ALONGS IN A YEAR WOULD ACTUALLY BE A BETTER OPPORTUNITY. YOU'RE RIGHT, IT'S NOT MOVING THEM UP. I JUST THINK ONE SHOULD BE ADDED EVERY QUARTER SO IT'S SEPARATE. AND KEEPS THE FLOW GOING INSTEAD OF CRANKING TWO RIDE-ALONGS EARLY ON AND TWO AT THE VERY END. IF YOU CAN KEEP ONE GOING EVERY QUARTER, THEN AT THAT POINT CRUR ACTUALLY DOING THE FOUR RIDE-ALONGS AND YOU'RE BREAKING IT UP, BUT NOT ONLY YOU BREAK IT UP BUT YOU HAVE MORE FREQUENCY. >>COUN. BASSAN: THANK YOU, COUNCILOR SANCHEZ, I'M FINE WITH THAT. AGAIN, TO ME, I CAN SEE BOTH SIDES. IT'S FINE. MY QUESTION TOO TO YOU IS WHAT DO YOU THINK ABOUT -- IT SOUNDS LIKE WHEN YOU'RE TALKING ABOUT THIS THERE'S AN IMPORTANCE MAKING SURE THE RIDE-ALONGS ARE NOT AT THE SAME TIME EACH TIME AND THE SAME SHIFT. I WONDER IF THAT'S SOMETHING YOU WANT TO ENTERTAIN OR THINK ABOUT AS FAR AS ADDING THAT ONE IS A DIFFERENT SHIFT. YOU HAVE GAVE YARD, SWING, MORNING, TO MAKE SURE THERE'S THAT BALANCE TOO, MAYBE NOT? >>COUN. SANCHEZ: THANK YOU, COUNCILOR BASSAN. MR. PRESIDENT. I'D LIKE TO SEE THE MOST, THIS IS JUST ME SPEAKING BASED ON THE FACT THAT I'VE WORKED OUT THERE IS IF WE CAN EVEN -- THIS MIGHT BE STRETCHING IT. IF YOU SET UP THE RIDE-ALONGS ON FRIDAY OR SATURDAY NIGHT YOU GET THE FULL FEEL OF WHAT'S IT'S LIKE TO BE A POLICE OFFICER. I AGREE WITH YOU. IF WE CAN ADD SOMETHING LIKE THAT IN IT, I'D LIKE TO HEAR WHAT MS. MCDERMOTT SAYS. IT WOULD BE NICE TO HAVE EACH ONE OF THE BOARD MEMBERS GET THE FULL TEAL -- FEEL OF WHAT IT'S LIKE TO BE A POLICE OFFICER ON FRIDAY OR SATURDAY NIGHT. IF I CAN DO SOMETHING LIKE THAT, THAT WOULD BE GREAT. I WOULD LIKE TO HEAR MS. MCDERMOTT'S INPUT. >>COUN. BENTON: I'M GOING TO RECOGNIZE COUNCILOR DAVIS WHO HAD HIS HAND UP FIRST. >>COUN. DAVIS: I'LL GO TO MS. MCDERMOTT. I HEAR WHAT YOU'RE SAYING COUNCILOR SANCHEZ. I THINK WE OUGHT TO THINK ABOUT THIS IS VERY IMPORTANT FOR NEW FOLKS IN PARTICULAR. BUT THESE ARE ALSO VOLUNTEERS. THEY'RE ALREADY WORKING FROM SPOFT I THINK SOMEBODY DID 100 HOURS TO KEEP UP WITH THE SUBCOMMITTEES. AND WE'RE ALSO REQUIRING THEM TO DO TRAINING WHICH IS MOSTLY NIGHTS AND WEEKENDS TO ACCOMMODATE EVERYBODY ELSE. THEY SHOULD HAVE RIDE ALONG REQUIREMENTS. BUT DOING THIS FREQUENTLY DOES -- I THINK IT'S GOING TO BECOME A DETERRENT. WE HAD NINE MEMBERS, AND I THINK MS. MCDERMOTT TOLD US FIVE, WE HAVE PROBLEMS GETTING IT FILLED. I'M INTERESTED IN HEARING MORE. I THINK THE MORE PRESCRIPTIVE THE HARDER IT WILL BE TO GET THE RIGHT FOLKS. >>COUN. BENTON: WE'LL HEAR FROM MS. MCDERMOTT. >> I ENCOURAGE DIVERSITY OF DIFFERENT SHIFTS AT DIFFERENT TIMES. I THINK THAT IS SOMETHING THAT INSHOULD -- SHOULD BE ENCOURAGED AMONG THE MEMBERSHIP. THERE'S MANY CHALLENGES FOR VARIOUS VOLUNTEERS. IF THEY WORK A NIGHT SHIFT THEY CAN'T GO ON A NIGHT RIDE ALONG OR DAY SHIFT. THERE MIGHT BE LIMITATIONS THAT I DON'T KNOW YOU WANT TO BE AS RESTRICTIVE IN ORDINANCE. IT COULD BE ENCOURAGED IN THE RULES THAT THE BOARD DRAFT TO ENCOURAGE DIVERSITY OF SHIFT AND LOCATIONS. NOT NECESSARILY REQUIRE IT. WHEN IT COMES TO THE ACTUAL NUMBERS, AGAIN, I DON'T KNOW IT MATTERS TWO EVERY SIX MONTHS, VERSUS ONE A QUARTER. I'M NOT SURE THAT DISTINCTION PROBABLY EFFECTS ANYONE TO BE DRAMATICALLY. REQUIRING CERTAIN TIMES OR PLACES COULD BE PROBLEMATIC. >>COUN. BENTON: THANK YOU. COUNCILOR PEÑA AND COUNCILOR BASSAN. >>COUN. PEÑA: THANK YOU, MR. PRESIDENT. NOT JUST RELATED TO THIS AMENDMENT, IT'S MY UNDERSTANDING THAT CHAIR GALLOWAY IS HERE. I REGRET WE HAVEN'T HAD HER SPEAK ON SOME OF THE AMENDMENTS OR SUGGESTIONS. I KNOW SHE'S PROBABLY BEEN ON THE BOARD SINCE THE INCEPTION. IF MS. GALLOWAY IS AVAILABLE I'D LOVE TO ASK HER INPUT AND OVERALL OPINION OF WHAT WE'RE DOING TONIGHT. >>COUN. BENTON: WE'LL ALLOW THAT. MS. GALLOWAY, IF YOU'RE HERE, PLEASE PROCEED. >> THANK YOU SO MUCH, COUNCILOR PEÑA. I APPRECIATE YOUR ACKNOWLEDGING THAT THIS AFFECTS THE BOARD DIRECTLY. I WOULD ECHO WHAT WAS SAID IN REGARD TO THE PARTICULAR FLOOR AMENDMENT. REQUIRING BOARD MEMBERS THAT ALREADY ARE VOLUNTEERING THEIR TIME TO THE EXTENT THAT WE DO IN PARTICULARLY WITH THOSE FEW NUMBERS WE HAVE AND CONSIDERATION OF REDUCING WHAT SHOULD BE A NINE MEMBER BOARD TO SEVEN MEMBERS, I THINK MAKING THAT A REQUIREMENT IS PROBABLY ILL-ADVISED. I THINK THE BOARD CAN DECIDE FOR OURSELF WHETHER OR NOT THAT SHOULD BE REQUIRED BY US AND IF WE THINK IT SHOULD BE REQUIRED WHY US WE CAN REQUIRE IT IN OUR POLICY AND PROCEDURES. IT'S MUCH EASIER FOR US TO AMEND THOSE POLICIES AND PROCEDURES WITHIN A MONTH'S NOTICE THAN GETTING A BOARD AMENDMENT PASSED. WE'VE BEEN AT THIS FOR SIX MONTHS NOW. I WOULD STRONGLY RECOMMEND NOT MAKING THAT AN ORDINANCE REQUIREMENT. I WILL BE HAPPY TO TAKE IT BACK TO THE BOARD BECAUSE IN FULL AGREEMENT WITH YOU THAT WHEN I STAGGER MY SHIFTS MY RIDE ALONG SHIFTS, IT'S A VERY DIFFERENT PERSPECTIVE. I ALSO AGREE, AND I'M NOT SURE IF YOU SAID THIS, BUT CHANGING THE AREA COMMAND THAT YOU ARE PARTICIPATING IN A RIDE ALONG IN MAKES A BIG DIFFERENCE. THE NORTHWEST IS VERY DIFFERENT THAN THE VALLEY AND HEIGHTS. ALL OF THOSE THINGS ARE THINGS WE CAN HANDLE IN OUR POLICIES AND PROCEDURES. WE CAN ENCOURAGE OR REQUIRE FROM OUR BOARD MEMBERS DEPENDENT ON WHAT THE BOARD THINKS. THAT'S HOW I FEEL ABOUT THAT ONE. >>COUN. BENTON: THANK YOU, MS. GALLOWAY. COUNCILOR BASSAN. >>COUN. BASSAN: THANK YOU, MR. PRESIDENT. I'D LIKE TO FOLLOW UP WITH CHAIR GALLOWAY AND DIRECTOR WITH THAT. I DON'T WANT TO LIMIT THE BOARD. AS A MATTER OF FACT, I THOUGHT I WAS ABOUT TO SAVE ALBUQUERQUE FOR THE RECORD THEN I FOUND OUT I WASN'T. I'M SORRY ABOUT THAT, ALBUQUERQUE. AT THE SAME TIME, I DON'T WANT -- I DON'T THINK IT REALLY MAKES ANY DIFFERENCE FOR THIS ONCE EVERY THREE MONTHS, TWICE EVERY SIX MONTHS. THIS IS MY QUESTION TO BOTH OF YOU. IF WE ADD SOMETHING THAT IS NOT TOO PRESCRIPTIVE BUT FOR THE SAKE OF COUNCILOR SANCHEZ, MAYBE IF YOU'RE AMENABLE TO IT, THAT BOARD MEMBERS ARE ENCOURAGED TO TAKE DIFFERENT SHIFT AND AREA COMMANDS WHEN POSSIBLE. SO IT'S JUST SAYING THIS IS IN THE ORDINANCE AND WE ENCOURAGE IT. I THINK PART OF THE JOB DESCRIPTION WE'VE ADDED THAT TO THIS FLOOR SUB IS SAYING THERE SHOULD BE A JOB DESCRIPTION CREATED AND WE SHOULD GET DETAILS ON THAT. NOT THE COUNCILAL -- WHAT THE BOARD AND DIRECTOR DOING IT. I THINK THAT WOULD MAKE SENSE AS A POLICY. VERSUS MAKING SURE WE PUT IT IN HERE. MAYBE WE CAN ADD A RECOMMENDATION VERSUS A REQUIREMENT. >>COUN. BENTON: ALL RIGHT. WE HAVE THE SPONSOR OF THE AMENDMENT. COUNCILOR SANCHEZ. >>COUN. SANCHEZ: THANK YOU, MR. PRESIDENT. THANK YOU, COUNCILOR BASSAN. THANK YOU, MS. GALLOWAY. I DON'T HAVE A PROBLEM. WHAT I WAS LOOKING FORWARD TO IS ACTUALLY HAVING A BIT MORE EXPOSURE FOR THEM. I THINK IT'S IMPORTANT THAT THEY DO. IF YOU CAN INCLUDE THAT IN POLICY, I DON'T HAVE A PROBLEM WITHDRAWING THIS AMENDMENT. NOT AT ALL. I RESPECT WHAT THE BOARD SAYS AND THE FELLOW COUNCILORS. NO PROBLEM. >> MR. PRESIDENT, COUNCILOR SANCHEZ, I CAN'T PROMISE YOU IT WILL END UP IN POLICY AND PROCEDURE BECAUSE THERE'S OTHER MEMBERS OF THE BOARD. BUT WE CAN CERTAINLY TAKE IT BACK AND DISCUSS THAT. I WOULD APPRECIATE THAT. VERY QUICKLY, IF I CAN, JUST MAKE THE REQUEST OF COUNCIL THAT ANY TIME COMMUNICATION IS SENT, IT SHOULD INCLUDE OUR LEGAL COUNSEL, CHAIR OF THE BOARD, AND OUR AGENCY STAFF. NOT ANYONE OR THE OTHER UNLESS IT'S PRIVILEGED AND ONLY FOR THOSE THINGS. I THINK WE'RE CAUGHT JUST A LITTLE BIT OFF-GUARD AND WOULD APPRECIATE THAT CONSIDERATION. >>COUN. BENTON: ALL RIGHT. THANK YOU, MS. GALLOWAY. >>COUN. BASSAN: MR. PRESIDENT. IF I MAY PROPOSE AN AMENDMENT TO THE AMENDMENT. IS THAT OKAY? >>COUN. BENTON: I'M SORRY, I JUST HAD TO SPEAK TO STAFF. GO AHEAD. >>COUN. BASSAN: I WAS HOPING TO PROPOSE AN AMENDMENT TO THE AMENDMENT ADDING BOARD MEMBERS ARE ENCOURAGED TO COMPLETE RIDE-ALONGS IN DIFFERENT SHIFT AND IN VARIOUS AREA COMMANDS WHEN POSSIBLE. >>COUN. BENTON: COUNCILOR SANCHEZ INDICATED WILLINGNESS TO WITHDRAW THE AMENDMENT. WERE YOU THE SECOND ON THE AMENDMENT? I CAN'T REMEMBER WHO IT WAS. THAT WOULD BE UP TO YOU AND MAKER OF THE MOTION. >>COUN. BASSAN: MR. PRESIDENT, COUNCILOR SANCHEZ, I GUESS IF IT'S IMPORTANT TO MAKE SURE IT GETS IN POLICY, IT NEEDS TO BE PUT IN THE ORDINANCE. AS A REQUEST. IF YOU FEEL THIS IS SATISFIED BY THAT PROMISE MADE, OF THE INTENTION TO TRY TO GET THE BOARD TO APPROVE IT, THEN IF YOU WANT TO WITHDRAW IT, I'LL SUPPORT THAT. >>COUN. BENTON: COUNCILOR SANCHEZ. >>COUN. SANCHEZ: THANK YOU, MR. PRESIDENT. THANK YOU, COUNCILOR BASSAN. I HAVE NO PROBLEM. WHAT I'M LOOKING AT, DOES IT STAY THE SAME? PARTICIPATE IN AT LEAST TWO RIDE-ALONGS FOR EVERY SIX MONTHS OF SERVICE AND MY AMENDMENT WAS WITH AT LEAST ONE RIDE ALONG TO BE COMPLETED EVERY QUARTER. IF I WITHDRAW THE AMENDMENT, IT'S GOING TO BE WITHDRAWING WITH AT LEAST ONE RIDE ALONG TO BE COMPLETED EACH QUARTER. IS THAT CORRECT? >>COUN. BENTON: YES. >>COUN. SANCHEZ: I'M OKAY WITH DRAWING THAT AMENDMENT. >>COUN. BENTON: IF YOU'RE OKAY WITH THAT, COUNCILOR BASSAN? >>COUN. BASSAN: YES, SIR. >>COUN. BENTON: THAT TAKES US TO THE BILL AS AMENDED. I WILL ASK MY CO-SPONSORS TO WEIGH IN. I'M INCLINED TO DEFER THIS TO THE NEXT MEETING SO EVERYBODY CAN HAVE THE CHANCE TO DIGEST IT ONE MORE TIME AND WE ACT UPON IT IN THE NEXT MEETING. >>COUN. BASSAN: I'M OKAY WITH THAT. I DO HAVE ONE MORE AMENDMENT THAT WE BEGAN TO DISCUSS AT THE BEGINNING. I WANT TO MAKE SURE TO CIRCLE BACK. >>COUN. BENTON: ALL RIGHT. PROCEED. >>COUN. BASSAN: THANK YOU, MR. PRESIDENT. I WOULD LIKE TO MOVE -- THIS IS FOUR EVEN THOUGH THE OTHER ONE IS WITHDRAWN? THIS WILL BE FOUR. >>COUN. BASSAN: I WOULD LIKE TO MOVE FLOOR AMENDMENT FOUR. THIS PROVISION SHALL APPLY TO BOARD MEMBERS AFTER THE EFFECTIVE DATE OF COUNCIL BILL O-21-78. THAT WAY, WE HOPEFULLY WILL BE ABLE TO RELIEVE SOME OF THE CONCERN ABOUT EXISTING BOARD MEMBERS AND THEIR APPLICABILITY GETTING KICKED OFF THE BOARD SHOULD BE CAKE THIS INTO CONSIDERATION. >>COUN. BENTON: IS THERE A SECOND? I SEE A SECOND FROM COUNCILOR PEÑA. THANK YOU FOR BRINGING THIS UP, COUNCILOR PEÑA. AND COUNCILOR BASSAN FOR CONSIDERING THAT CONCERN. WE HAVE A MOTION AND A SECOND. ANY DISCUSSION ON THIS PROVISION? INCLUDING FROM OUR LEGAL. I DON'T KNOW IF THERE'S ANY ISSUE ON THIS. ANYONE HERE TO COMMENT FURTHER ON THIS AMENDMENT? ALL RIGHT. IF NOT, WE'LL GO TO A VOTE. >>COUN. BASSAN: YES. >>COUN. DAVIS: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. BENTON: I THINK COUNCILOR LEWIS DID SEE A NOTE FROM HIM. HE'S EXCUSED. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. BENTON: YES. THANK YOU. WE'RE BACK ON THE BILL AS AMENDED. I WILL MOVE A DEFERRAL UNTIL MARCH 7th. WHERE HOPEFULLY WE'LL HAVE THE FINAL ACTION. IS THERE A SECOND? SECOND FROM COUNCILOR BASSAN. THANK YOU, COUNCILOR. ANY FURTHER DISCUSSION? WE DO RESPECT THE DESIRE OF EVERYONE INCLUDING MS. MCDERMOTT AND THE BOARD MEMBERS AND GENERAL PUBLIC TO LOOK AT THIS AS IT'S CONSTITUTED AND WE'RE ABLE TO RESPOND TO ANY REMAINING QUESTIONS ON THE 7th. I KNOW THAT THERE WAS AN APPEAL, BY MR. LIPMAN IN THE PUBLIC COMMENT THAT WE SHOULD STOP THE TRAIN, BUT THE TRAIN HAS BEEN MOVING FOR LONG TIME. WE'RE VERY -- I'LL SPEAK FOR MYSELF, I'M HOPEFUL ABOUT THE FOLKS THAT I'VE INTERVIEWED THAT MAY BE COMING ON TO THE BOARD AND I APPRECIATE THE INTERACTIONS WITH THE BOARD AND MS. MCDERMOTT. IT'S A COLLABORATIVE PROCESS. GIVE IT AN ANOTHER COUPLE WEEKS. THAT'S MY INTENTION. THANK YOU FOR THAT SECOND. WE ARE NOW BACK ON THE MOTION FOR A DEFERRAL UNTIL OUR THE NEXT MEET. >>COUN. BASSAN: YES. >>COUN. DAVIS: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. BENTON: YES. THANK YOU. WE'LL LOOK FORWARD TO FURTHER COMMENT AND DISCUSSION BETWEEN NOW AND THEN. COUNCILORS, THERE BEING NO FURTHERS WITH, THIS CITY COUNCIL MEETING IS ADJOURNED. THANK YOU.