2013-05-08 Board of Ethics minutes

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can draft a contract. There are also situations when a department needs the assistance of the Finance Department to draft an RFP or contract. Usually a department will have a selection committee which will review a contract or RFP and then award. So how a contract comes about varies from situation to situation, depending on what type of contract it is. Often a department knows what it wants and will ask the Finance Department will draft the language. The department the contract is for will administer the contract. The Ethics Code looks at whether an employee had any type of interest or knowledge or direct involvement in the terms of a contract. Mr. Balsis said the last part of Section 2-85(b) is about who participated in the matter of the contract. It is concerned with a future contract and is not looking at a past contract. Mr. Henricks said that was why his first question to Mr. McComber was whether he had any part in putting together the proposal to be bid on, because that would likely be a violation. But since he was not involved in the subsequent proposal, he did not see a problem. He said he would amend his motion. Amended motion and vote: Mr. Henricks moved to amend the Board’s findings to include Section 2-85. Mr. Hisashima seconded the motion, and they and Mr. Balsis voted aye. Ms. Schoen said she would prepare the order for the Board’s review at the next meeting, at which time they could propose changes or approve it as drafted. In the meantime, the Board’s decision stands as of today. Ms. Menino asked whether they could get the Board’s decision in writing before the next meeting in case the RFP came out before then, and Ms. Schoen said the Board’s secretary would prepare the minutes as soon as she could. Mr. Henricks said that the Board’s findings mean that Mr. McComber will not get into trouble with the Board on this issue, but that there may be other issues unrelated to the ethics code. Mr. McComber thanked everyone for their time. 6. UNFINISHED BUSINESS There was no unfinished business. Motion and vote: Mr. Henricks moved to go into executive session for review of the confidential matters agendized therein. Mr. Hisashima seconded the motion, and they and Mr. Balsis voted aye. 10:32 a.m.: The Board left regular session. * * * * * 10:45 a.m.: The Board returned to regular session.