Committee members present: Ayisha Benham, Charlene Pugh, George Simmons
Other Council members present:
Council support present: Jack Newby, Leah Crask, Wilhelmina Parker
Others present: Francine Austin
1. Introductions
2. Review/Approve Agenda
Agenda was reviewed but no motion to approve was made.
3. Review/Approve Minutes
Minutes for September 1 & December 1, 2004, were reviewed but no motion
to approve was made.
4. Announcements
Francine Austin announced that Centers of Excellence solicitations should go
out this month.
5. Public Comment
No public comments were made.
6. Steering Committee Update
The Co-chairs presented a monthly update on Steering Committee activities and
discussions. There was also a Steering Committee strategy meeting update.
CM Benham: Stated that it was a good meeting. Committee priorities were set
based on consensus rating with red, green or yellow dots.
Jack Newby: How the various committees impact each other was crystallized during
the meeting. Steering Committee was also shown what their responsibility was
and the need to take ownership. The conflict of interest policy will be something
to address.
7. Conflict of Interest Policy Discussion
Due to there not being a representative present from the City Attorney’s
office, this discussion was informal.
CM Pugh: Her meeting with the city attorney’s office showed that the
expectations around the conflict of interest policy are very different.
Jack Newby: Quoted policy from pg 7 as current bylaws. The same attorney that
CM Pugh spoke with told Jack Newby that the Gov. Code section 1090-1098 is
their standard. Meaning that providers should not be allowed to discuss programs
they represent as well as not being allowed to vote.
CM Simmons: As a housing provider, he would be allowed to say his opinion but
not allowed to vote. Believes that if you are a provider and your agency will
benefit from your vote, that would be a conflict of interest. But if the Council
is functioning correctly, the prioritization process would eliminate conflict
of interests due to the top items always getting funded anyway.
CM Pugh: Voting for services in blocks need to be eliminated or else everyone
will come across an issue of conflict of interest.
Jack Newby: Provider survey done during retreat showed that providers were
evenly split on the voting and conflict of interest issue.
CM Simmons: Suggested that dealing with money not be left to the very end.
Jack Newby: Believes that there will be a data summit over 2 days, first day
going over the previous year, the second day on prioritization. One question
that should be asked of the City Attorney’s office is to see if there
is an exception for non-profit entities, just as government entities are, due
to the fact that they are devoted to serve the public good.
CM Benham: Stated the conflict of interest issue that developed around Bill
Honig and his wife working for a non-profit that benefited from funding he
allocated.
Jack Newby: What are the questions that we should ask the city attorney’s
office?
CM Simmons: If a vote benefits their organization, this is a conflict of interest.
CM Pugh: Consumers are exempt from conflict of interest issues.
CM Simmons: Yes, consumers should be exempt from issues of conflict of interest.
Francine: What if a consumer works for a service provider?
Group: That is a conflict of interest… being a service provider supercedes
the fact that they are a consumer.
CM Benham: Wants self-disclosure when discussing issues in meetings in order
for her and others to be able to recognize possible issues of conflict on their
own.
CM Simmons: Agreed with the need for personal self-disclosure.
Wilhelmina: Is it a requirement to self-disclose secondary connections of conflict
of interest, i.e. a partner is a service provider?
CM Benham: Start with 2 categories: self-disclosure and agency affiliation.
Jack Newby: The compromise that was made in his past is to come to a consensus
using colored cards as a prelude to voting. This would give all a sense of
what the general feel was about the issue.
Group: At this time conflict of interest is only dealt with individuals doing
self-disclosure. And having name tags shows the person’s agency affiliation
but that still doesn’t tell where the funding comes from to support their
pay. And if an agency files a grievance regarding a conflict of interest, the
entire process could be thrown out the window.
8. Develop Conflict of Interest Policy
Instead of beginning the process of beginning to develop a policy around Conflict
of Interest, the Council discussed what questions should be asked of the City
Attorney’s office regarding Conflict of Interest.
CM Simmons: 1st question, state personal conflict of interest at the beginning
of all discussions; 2nd question, state if their agency could benefit from
financial or contractual gain, which would be a conflict of interest. The conflict
of interest would develop when there is a direct gain due to their vote. Chairs
can recuse anyone that they feel is in a conflict of interest, although it’s
never done. Only reminders are sometimes stated. 3rd how do non-profits fit
into Government Code 1090-1098?
9. Committee Work Plan Update & Timeline
Due to having unanswered questions for the City Attorney’s office, developing
a timeline was not possible at this time.
10. Next meeting date & agenda items
Jack Newby: Suggested having HAPN included in this process and have them represented
in the next meeting.
CM Pugh: Draft conflict of interest policy and present to Steering, all after
asking and getting answers from the city attorney’s office.
Next meeting will be 2/2/05.
The meeting adjourned at 5:40pm.
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