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[00:00:06]

NOTICE OF THE SPECIAL MEETING OF THE CITY SAN DIEGO CITY COMMISSION. THE TIME IS 5:33 P.M..

[CALL TO ORDER]

I'D LIKE TO CALL THIS MEETING TO ORDER. AND WE HAVE A QUORUM.

EVERYBODY'S PRESENT. WE HAVE SOMEBODY SITTING IN FOR ATTORNEY ERIC FLORES.

YES. THIS IS ANDY VELA, FOR THE RECORD. THANK YOU, MISS RUTH.

[PUBLIC COMMENTS (Speaker remarks limited to three minutes)]

MISS MCGUINNESS, DO WE HAVE ANY PUBLIC COMMENT? YES, MAYOR.

WE HAVE MIKE. TRAVIS, PLEASE.

GOOD AFTERNOON, ONE AND ALL. I'M GONNA JUMP RIGHT IN TO IT.

I DON'T KNOW IF THIS IS REALLY THE VENUE FOR THIS MEETING.

OH. I'M SORRY. MIKE. TRAVIS. RUSSELL, SAN BENITO.

AND AS. THE AGENDA ITEM FOR TODAY. REFERENCES.

THE CITY MANAGER SITUATION. AND AGAIN, I SAY MAKE THE BEST DECISION.

MEDITATE ABOUT IT. PRAY ABOUT IT. THE BEST PERSON.

AS LONG AS I'M TALKING ABOUT THE CITY MANAGER.

SITUATION. I DON'T KNOW EXACTLY WHAT HAPPENED WITH THE WHOLE THE CHARTER AMENDMENTS.

WE'RE GOING TO TAKE AWAY THE REQUIREMENT THAT THE CITY MANAGER MUST RESIDE WITHIN THE CITY LIMITS.

AND THEN I THOUGHT IT PASSED. AND THEN THERE WAS A CHALLENGE.

AND THEN A COURT UPHELD AND SAID, NO, YOU HAVE TO LIVE IN.

AND THEN I SORT OF REMEMBER I SAW SOMETHING SOME WHILE BACK THAT SAID IT ACTUALLY WAS VALID FROM THE VOTES.

SO I'M A LITTLE CONFUSED HERE, BUT MY $0.02 ON THAT FOR WHATEVER IT'S WORTH, IS.

I DON'T THINK WE SHOULD REQUIRE THE CITY MANAGER TO LIVE WITHIN THE CITY LIMITS.

I DON'T WANT TO GET LONG AND DRAWN OUT ON THAT, BUT ANYWAY, BECAUSE I'M SHORT ON TIME HERE.

OKAY. THE NEXT ITEM IS SITUATION. I'M KIND OF CURIOUS.

I KNOW YOU CAN'T RESPOND RIGHT NOW, BUT WHERE IT IS FOR THE NEWCOMERS.

PREVIOUSLY, I HAVE PUBLICLY SPOKEN AND ADVOCATED TO FIGHT THIS LEGAL BATTLE VERY VIGOROUSLY, AND I'M HAPPY FOR MY TAX DOLLARS TO BE SPENT TO THAT.

I KNOW THAT THE LAWSUIT GETS CRITICISM FROM SOME OF THE RESIDENTS, BUT REFERENCING A COMMENT THAT I HEARD THE LAST MEETING I WAS HERE SOMETHING ABOUT I DON'T REMEMBER THE COMMENT EXACTLY, BUT IT WAS REFERENCING A PREVIOUS ADMINISTRATION FOR SOME APPARENT WOES THAT WERE SUFFERING RIGHT NOW.

I JUST WANT TO SAY THERE WAS A PREVIOUS ADMINISTRATION BEFORE THAT PREVIOUS ADMINISTRATION, WHICH GOT US INTO THIS MESS, WHICH. AND I WANT TO.

I KNOW THE PREVIOUS CITY MANAGER CAME UNDER A LOT OF CRITICISM, BUT I WOULD LIKE TO SPEAK UP ON HIS BEHALF.

AND AGAIN, I CAN'T GO INTO SPECIFICS, INTO SPECIFICS, AND I RUN OUT OF TIME.

AND ALSO I WANT TO CHANGE TOPICS VERY RAPIDLY AND AGAIN, TO MEDITATE AND PRAY ABOUT IT AND COME TO THE BEST CONCLUSION.

THE FM 1846 PROPOSED WIDENING. OKAY, I AM OVER.

I AM AGAINST THE OVERALL PROJECT. AGAIN, I CAN'T GET INTO SPECIFIC REASONS, BUT THE WIDENING OF IT I DON'T THINK IS NECESSARY. MAYBE THE NEXT MEETING, I'LL HAVE ANOTHER OPPORTUNITY TO MAKE PUBLIC COMMENTS, BUT OVERALL, I'M AGAINST IT. I THINK WHERE IT IS RIGHT NOW IS ADEQUATE CONSIDERING ALL THE PROBLEMS THAT THEY TOLD ME THAT THEY'RE TRYING TO SOLVE AND EVERYTHING.

I DON'T THINK THEY'RE THAT BIG A PROBLEMS ANYMORE. BUT ANYWAY, MY TIME IS UP.

THANK YOU SO VERY MUCH. NOEL RODRIGUEZ.

HELLO. GOOD EVENING. I KNOW RODRIGUEZ FROM RADCLIFFE STREET HERE IN SAN BENITO, TALKING AGAIN ABOUT THE FLOCK CAMERAS.

THERE HAVE BEEN SOME RECENT INSTALLMENTS IN THE NEWS LATELY GOING AROUND NATIONALLY.

23 STATES HAVE ACTUALLY HAD CITIES THAT HAVE DECIDED TO NOT RENEW THEIR CONTRACT WITH FLOCK.

THE NUMBER ONE REASON BEING CITED FALSE POSITIVES.

SO SO REFERENCE ONE OF THOSE CITIES, SPECIFICALLY LAPD, WHICH IS A VERY HUGE POLICE DEPARTMENT.

THE CHIEF INFORMATION OFFICER, DEAN JALAMA, SAID HIS CONTRACT HAS NOT BEEN RENEWED BECAUSE OF SERIOUS CONCERNS AROUND CIVIL LIBERTIES AND CIVIL RIGHTS ISSUES, PARTICULARLY AROUND PRIVACY AND THE DATA THAT IS BEING COLLECTED FROM THESE CAMERAS.

SO AGAIN, DEPENDING ON WHICH JURISDICTION YOU'RE IN, YOU CAN STORE ALL THE DATA FROM 30 DAYS TO 120 DAYS.

[00:05:02]

FLOCK CAN MAKE AN UPDATE TO THEIR POLICY AND THAT LONGER IF THEY WOULD LIKE TO.

THEY'VE DONE UPDATES ON OTHER POLICIES THAT THEY SAID THAT THEY WERE NOT GOING TO DO AT OTHER TIMES.

BUT REGARDLESS, IT'S BECOMING A VERY BIG NATIONAL ATTENTION.

THERE'S EVEN SENATORS, AS FAR AS SENATOR WYDEN, I BELIEVE HE'S IN WISCONSIN THAT IS PROPOSING LEGISLATION TO HAVE A NATIONAL BAN ON AUTOMATIC LICENSE PLATE READERS. AND THE PROBLEM WITH AI IS THAT AI IS JUST AN ALGORITHM, REALLY, AT THE END OF THE DAY. SO AI DOESN'T HAVE CONTEXT LIKE A POLICE OFFICER DOES.

A POLICE OFFICER HAS A BRAIN AND HAS RATIONALE, AND THEY CAN MAKE DECISIONS LIKE, FOR EXAMPLE, RECHECKING A LICENSE PLATE. FOR EXAMPLE, LET'S SAY THE LICENSE PLATE IS A, B, AND C, THE AI THINKS IT'S A C, SO IT REPORTS THE CAR AS STOLEN AND SOMEBODY INNOCENT GETS IMPLICATED IN THE CRIME.

THEY RELEASED A STATISTIC, LAPD CHIEF POLICE INFORMATION OFFICER.

THAT ONE THIRD IS ABOUT THE PERCENTAGE OF FALSE POSITIVES.

SO 30%. SO 30% OF SCANS IS AN ALARMING NUMBER.

I MEAN, EVEN 1 IN 100 IS AN ALARMING NUMBER WHEN IT COMES TO PUTTING SOMEBODY INNOCENT IN A POSITION WHERE MAYBE GUNS ARE DRAWN.

LIKE, FOR EXAMPLE, WHAT HAPPENS TO A FAMILY IN HOUSTON AFTER IT SAID THAT THEY WERE A THREAT? SO, YOU KNOW, WE REALLY NEED TO CONSIDER THIS KIND OF TECHNOLOGY.

AGAIN, I SUPPORT THE POLICE 100%. I THINK THAT POLICE ARE NECESSARY IN A CITY.

I AM NOT AGAINST THE POLICE AT ALL. I THINK THAT 2 TO $4000 PER CAMERA PER MONTH, AS FAR AS EXPENSES COULD BE USED TOWARDS HIRING MORE OFFICERS TO PROTECT PEOPLE BECAUSE AT THE END OF THE DAY, A FLAT CAMERA CANNOT PUT HANDCUFFS ON ANYBODY.

ALL IT CAN DO IS WATCH AND JUST TELL YOU THAT IS THE CASE, BUT YOU CAN'T CHALLENGE IT BECAUSE IT'S A COMPUTER PROGRAM.

SO WHATEVER IT SAYS GOES. AND THAT'S REALLY NOT THE WAY THAT WE SHOULD BE POLICING.

AND IT'S NOT IN THE INTEREST OF PUBLIC SAFETY.

IT'S A VERY BIG FOURTH AMENDMENT VIOLATION AGAINST PRIVACY.

AND AGAIN, CARPENTER VERSUS UNITED STATES SAYS THAT YOU NEED A WARRANT IN ORDER TO SEARCH SOMEBODY.

SO WARRANTLESS SURVEILLANCE IS NOT A GOOD THING.

THANK YOU. THANK YOU SO MUCH. NO MORE. THANK YOU, MR. CHAIR. WE'LL MOVE ON TO EXECUTIVE SESSION ITEMS ON THE AGENDA.

[EXECUTIVE SESSION]

CITY COMMISSION MEETING EXECUTIVE SESSION CLOSED TO THE PUBLIC PURSUANT TO FIVE BY ONE OF THE TEXAS GOVERNMENT CODE TO DISCUSS, TO DELIBERATE AND DISCUSS THE FOLLOWING ITEMS. PERSONNEL MATTERS CODE SECTION 551.074. THE TIME IS 541 GO INTO EXECUTIVE SESSION.

MAYOR. MAYOR THE COMMISSION. GO AHEAD FOR THE TRAINING, I GUESS.

DO WE HAVE TO GO INTO EXECUTIVE SESSION? YOU DO NOT.

IT IS THE AT THE OPTION OF THE COMMISSION IF THEY'D LIKE TO CONVENE AN EXECUTIVE SESSION.

IF THERE'S ANYTHING YOU NEED TO DISCUSS AT THE LAST MEETING, I BELIEVE WE HAD A CONSENSUS OF WHAT WE WERE GOING TO DO.

SO WE JUST WELL, THE ONLY ITEM FOR ACTION IS ITEM NUMBER ONE.

AND SO YOU COULD MAKE A MOTION ON THAT ITEM IF ANYBODY ON THE COMMISSION WANTS TO.

WELL, I ALREADY MADE A MOTION TO GO INTO EXECUTIVE SESSION.

SO TIME IS 541. WELL, I HAVE NOT WE HAVE NOT HAD IT.

I'LL SECOND THE MOTION. SO THERE'S THERE'S A MOTION AND A SECOND.

I'M SORRY. I JUST WANT TO BE CLEAR FOR THE RECORD ITEM IS AN EXECUTIVE SESSION.

I DON'T I DON'T THINK WE NEED TO MAKE A MOTION TO GO INTO EXECUTIVE SESSION. I STARTED EXECUTIVE SESSION STARTING AT 541.

IS THAT CORRECT. SO THAT THAT IS CORRECT. IF BUT HOWEVER, IF THE MEMBERS OF THE COMMISSION WANT TO MAKE A MOTION ON AN ITEM AT THIS POINT, THE ADVICE THAT I'M GIVING AND IF THEY CAN MAKE IT BEFORE I MADE THE DECISION TO GO INTO EXECUTIVE SESSION.

UNFORTUNATELY, WE STARTED EXECUTIVE SESSION AT 543, SO WE CAN COME OUT OF EXECUTIVE SESSION AND THEN MAKE THE MOTION THAT WOULD THAT WOULD HAVE TO BE WITH THE COMMISSION WANTS TO. DO THEY WANT TO COME OUT AND MAKE A MOTION.

CHAIR AND THE PROVIDING OFFICER DETERMINED THAT IT'S OKAY TO COME OUT OF EXECUTIVE SESSION FOR DELIBERATION.

THAT'S OKAY. RIGHT. MAKES A DECISION FOR PRESIDING OFFICER.

THE COMMISSION MAKES A DECISION ABOUT WHETHER TO TO COME OUT OF EXECUTIVE SESSION.

WHERE WHERE IN THE CHARTER DOES THAT DECISION. I DON'T HAVE THAT IN FRONT OF ME RIGHT NOW.

SO THOSE WOULD BE MORE RULES OF ORDER. IF AGAIN, YOU ARE IN EXECUTIVE SESSION.

THAT IS CORRECT. THAT WAS ALREADY STATED ON THE RECORD.

SO IF THERE ARE ITEMS TO DISCUSS, THEN MY ADVICE WOULD BE TO DISCUSS THEM.

AND IF THERE ARE NOT, THEN MY ADVICE WOULD BE TO COME BACK OUT OF EXECUTIVE SESSION.

SO WE WANT TO DELIBERATE OPENLY. YOU GUYS WANT TO HEAR MY DISCUSSIONS HERE.

COMMISSIONER WANTS THERE IS NOTHING FOR DISCUSSION.

WE'RE JUST READY TO APPOINT. YOU'VE MADE A DECISION BEFORE.

[00:10:06]

THE DECISION WAS MADE AT THE LAST MEETING, BUT SOMEBODY WALKED OUT. WHO WAS THAT? SO THE EXECUTIVE SESSION TIME STARTED AT 541.

WE CAN DISCUSS EVERYTHING IN EXECUTIVE SESSION NOW AND HAVEN'T CLOSED THE MEETING. WELL, I, I REFUSE TO GO INTO EXECUTIVE SESSION. OKAY. AND I'M GOING TO GO AHEAD AND SUSPEND THIS MEETING.

I'LL CALL UP THE NEXT MEETING. WELL, THE MEETING ADJOURN IS 24.

WELL, WE STILL HAVE A QUORUM HERE, SO WE CAN STILL CONTINUE.

WE HAVE A QUORUM. YOU DON'T CALL THE MEETINGS? THAT'S CORRECT. THE COMMISSION. BUT THE COMMISSION. THE COMMISSION HAS THE AUTHORITY. SECTION 3.03.

OF THE CHARTER. SO THE MEETING IS ALREADY OVER.

GENTLEMEN, IT'S 544. SIR, YOU CAN WALK OUT AGAIN IF YOU WANT.

YOU WOULD LIKE I JUST SAID, THE MEETING IS NOT OVER.

JUST CALLED. IT IS NOT OVER, SIR. YOU'RE RIGHT, IT'S NOT.

I SUSPENDED IT UNTIL THE NEXT MEETING. WELL, IT'S NOT SUSPENDED EITHER. DO YOU HAVE THAT AUTHORITY? THE COMMISSION DOES. THE COMMISSION DOES. IT'S NOT JUST ONE PERSON.

IT'S THE WHOLE COMMISSION. THANK YOU. FIND OUT.

I GUESS WE CAN WAIT. DOES ANYBODY WANT TO INFORM THE COMMISSION ON GOVERNMENT LAW? PARLIAMENTARY PROCEDURE OF SUSPENDING A MEETING? IF YOU'LL JUST GIVE ME A MOMENT. I'LL TAKE A LOOK INTO YOUR CHARTER AND SEE IF THERE'S ANYTHING ON THIS FOR YOU ALL.

AND I'LL GET RIGHT BACK TO YOU.

WHO DECIDES THAT? MA'AM. MADAM. HE JUST CALLED FOR A MOTION, AND HE GOT SECOND, BUT IT NEVER GOT APPROVED ACCORDING TO EXECUTIVE SESSION.

THAT'S CORRECT. SO AGAIN, WE'VE WE'VE KIND OF MOVED PAST THAT AT THIS POINT.

I THINK THE LAST ITEM THAT WAS PRESENTED WAS WHETHER THE MEETING COULD BE SUSPENDED, EVEN THOUGH THERE IS A QUORUM PRESENT THAT WANTS TO PROCEED WITH THE MEETING. AND SO I'LL GET YOU AN ANSWER ON THAT IN JUST A SECOND. THANK YOU.

I HAVE YOUR PROVISIONS RIGHT HERE. SO SO BASED ON WHAT I'M SEEING HERE SINCE A MAJORITY OF THE CITY COMMISSIONERS SHALL CONSTITUTE A QUORUM UNDER YOUR CHARTER, AND YOU DO HAVE A MAJORITY OF YOUR CITY COMMISSION COMMISSIONERS HERE.

WHAT IT WOULD TAKE TO ADJOURN THE MEETING AT THIS POINT WOULD BE TO CALL FOR A MOTION ON THAT AND GET A SECOND AND GET A MAJORITY VOTE ON THAT.

SO IF THAT IS IF THAT'S THE MOTION THAT'S BEING PROPOSED RIGHT NOW, THAT THAT WOULD HAVE TO BE MADE.

IF THAT DOESN'T HAPPEN, THEN THE MEETING DOES STAY LIVE, AND THEN YOU CAN VOTE AND MOVE ON ANY OTHER ITEMS THAT ARE ON THE AGENDA.

SO WE'D LIKE TO PROCEED, PLEASE. SO THE PRECEDENT HAS BEEN THAT WE DON'T NEED TO HAVE A MOTION FOR AN ADJOURNMENT OF A MEETING.

BUT THIS ISN'T AN ADJOURNMENT. IT'S A SUSPENSION OF THE MEETING TO MOVE IT TO THE NEXT GENERAL MEETING.

I THINK IT'S IN THE BEST INTEREST OF THE COMMUNITY IF WE SUSPEND THE MEETING.

SO YOU DON'T HAVE IT FOR, YOU KNOW, FOR COMMISSIONER. JUST A SECOND. YOU DON'T HAVE A QUORUM. SO.

THERE'S A LEVEL OF DECORUM HERE, AND THAT'S YOUR FIRST WARNING. SO JUST GIVE ME A SECOND, PLEASE. SO THE RECOMMENDATION IS GOING TO BE THAT THERE'S A SUSPENSION OF THIS MEETING SO THAT WE CAN MOVE TO THE NEXT GENERAL MEETING SO THAT THE COMMUNITY CAN HAVE THIS LIVE STREAM AND HAVE AN OPPORTUNITY TO HAVE A DISCUSSION AT THE NEXT GENERAL MEETING.

[00:15:05]

THIS IS A SPECIAL MEETING, AND IT'S NOT LIVE STREAM, IT'S JUST VIDEO RECORDING. MY RECOMMENDATION IS THAT THIS IS A SUSPENDED MEETING AND WILL BE UPHELD AT THE NEXT MEETING. SO I DO BELIEVE THAT THE MAYOR DOES HAVE THE AUTHORITY UNDER YOUR CHARTER TO SUSPEND THE MEETING AS LONG AS THOSE GROUNDS ARE PROVIDED.

AND SO NOW THAT THAT HAS BEEN STATED, FOR THE RECORD, I DO I DO BELIEVE THAT THE MEETING CAN BE SUSPENDED.

SO HE CAN HE CAN SUSPEND THE MEETING FROM EXECUTIVE SESSION WITHOUT COMING OUT OF EXECUTIVE SESSION.

I MEAN, AT THIS POINT, I DON'T BELIEVE THAT. I THINK YOU ALL ARE OUT HERE IN THE OPEN MAKING MAKING THOSE DECISIONS. SO I THINK IF YOU WANT TO STATE FOR THE RECORD THAT YOU'RE COMING OUT OF EXECUTIVE SESSION TO MAKE THAT SUSPENSION, AND THAT'S HOW YOU WANT TO MOVE FORWARD. THAT'S FINE. FOR THE RECORD, I THINK IT'S CLEAR FOR THE RECORD WHAT THIS WHAT'S BEING DONE HERE.

IF YOU DON'T MIND, IF WE JUST TAKE A BRIEF RECESS SO THAT I CAN WORK ON THIS FOR YOU AND MAKE SURE THAT THE ACTION THAT'S BEING TAKEN HERE IS, IS PROPER AND IS IS GOING TO COMPLY WITH, WITH ALL OF THE RULES WITH YOUR CHARTER AND WITH THE OPEN MEETINGS ACT.

OKAY. YES, MA'AM. THANK YOU.

I JUST DON'T SEE HOW A CONSENSUS WAS DRAWN IF IT NEVER WENT INTO EXECUTIVE SESSION.

UNLESS THERE WAS A WALKING QUORUM. THAT OCCURRED AT THE LAST MEETING.

THERE WAS NEVER AN ACTUAL VOTE. SO I'M CONCERNED THAT IF A VOTE TOOK PLACE IN EXECUTIVE SESSION CHAMBERS, AS YOU SAID, THAT THERE WAS ALREADY A CONSENSUS. THAT WAS THE CONSENSUS.

SO YOU VOTE NO. SO I'M NOT SURE IF THAT VOTE TOOK PLACE IN EXECUTIVE SESSION BECAUSE I WAS I HAD TO LEAVE IN AN EMERGENCY.

SO I'M NOT SURE WHAT THIS CONSENSUS IS. SO THAT'S ANOTHER CONCERN OF MINE.

SO WHILE WE'RE LOOKING AT THE CHARTER, WE SHOULD PROBABLY TAKE A LOOK AT WHAT THE FORUMS ARE ALLOWED FOR.

TEXAS GOVERNMENT CODE. VOTING CAN TAKE PLACE IN EXECUTIVE SESSION.

SO I CAN TELL YOU THE VOTING CANNOT AND SHOULD NOT TAKE PLACE IN EXECUTIVE SESSION.

IT IS NOT MY UNDERSTANDING THAT A VOTE WAS TAKEN AT THE LAST MEETING IN EXECUTIVE SESSION.

AND AGAIN, MY MY PREVIOUS ADVICE WAS THAT YOU HAVE THE OPTION TO GO INTO EXECUTIVE SESSION TO HAVE ANY FURTHER DELIBERATIONS OR DISCUSSIONS THAT YOU FEEL ARE NECESSARY AS A GOVERNING BODY. BUT THAT IS NOT A NECESSARY ACTION.

AND THAT'S THE, THAT'S THE QUESTION, THE LEGAL QUESTION THAT WAS POSED TO ME. AND THAT'S THE RESPONSE THAT I GAVE.

I GUESS SEEING THAT THE MAYOR IS STILL ALIVE AND PHYSICALLY HEALTHY, SINCE I'M THE ONE THAT CAN OPEN AND CLOSE MEETING UNLESS I'M OUT OF OFFICIAL CAPACITY TO DO SO. AND NO ONE HAS BEEN ABLE TO DETERMINE THAT BECAUSE NONE OF THESE ARE MEDICAL PROFESSIONALS.

THE TIME IS 40 4 P.M.. THAT'S THE TIME THAT I CLOSED THE MEETING AND SUSPENDED IT TILL THE NEXT GENERAL MEETING.

SO IF SOMEONE ELSE WANTS TO OPEN THE MEETING, BE MY GUEST.

BUT I GUESS THAT GOES AGAINST ALL PARLIAMENTARY PROCEDURE AND THE CITY CHARTER.

SO I AM VERIFYING WITH YOUR CITY CHARTER TO MAKE SURE WHETHER OR NOT THERE IS UNILATERAL POWER FOR ANY FOR THE MAYOR OR ANY OTHER COMMISSIONER TO CLOSE A MEETING IF THERE IF THE QUORUM REMAINS.

AND AS SOON AS I HAVE AN ANSWER ON THAT FOR YOU, I WILL PROVIDE IT. THANK YOU.

[00:22:46]

THANK YOU SO MUCH AND FIND THE FULL TEXT ONLINE. I APPRECIATE THAT.

ALL RIGHT. THANK YOU SO MUCH FOR YOUR PATIENCE. COMMISSIONERS.

SO THE FIRST QUESTION THAT WAS PRESENTED TO ME, THE FIRST LEGAL QUESTION WAS PRESENTED TO ME WAS WHETHER AN EXECUTIVE SESSION WAS NECESSARY IN ORDER TO DELIBERATE BEFORE MOVING FORWARD ON THIS ITEM.

MY RESPONSE TO THAT QUESTION WAS NO, IF THERE IS ALREADY A MOTION THAT SOMEBODY WANTS TO BRING FORWARD WITHOUT FURTHER WITHOUT GOING INTO EXECUTIVE SESSION, THE COMMISSION IS ABLE TO DO THAT. AS FAR AS RECESSING INTO EXECUTIVE SESSION, THAT IS AN ITEM THAT SHOULD BE PROPERLY SHOULD BE CALLED FOR BY A MOTION AND A SECOND AND ADJOURNMENT INTO EXECUTIVE SESSION.

THE MAYOR DOES RETAIN THE POWER TO TO ADJOURN INTO EXECUTIVE SESSION, BUT IT DOES REQUIRE A MOTION AND A SECOND FROM THE COMMISSION TO ADJOURN TO EXECUTIVE SESSION, IF THAT'S THE COMMISSION'S IF THAT'S WHAT THE COMMISSION WANTS TO DO.

AND SO AS FAR AS SUSPENDING THE MEETING. THERE IS NO UNILATERAL POWER IN YOUR CHARTER THAT GRANTS THAT UNILATERAL POWER TO THE MAYOR TO SUSPEND A MEETING. THAT WOULD REQUIRE, AGAIN, A VOTE, A MOTION, AND A VOTE ON AN ADJOURNMENT.

IF THERE IS A QUORUM PRESENT, THEY ARE ABLE TO PROCEED EVEN IF THE MAYOR IS NOT PRESENT.

AND THE MAYOR PRO TEM WOULD SIMPLY ACT IN THE MAYOR'S PLACE.

IF THE MAYOR WERE NOT HERE. IF THE MAYOR IS HERE, OBVIOUSLY THE MAYOR IS THE PRESIDING OFFICER.

BUT AGAIN, THE COMMISSION FUNCTIONS ON MOTION AND VOTE BY THE COMMISSION AS A WHOLE ON THESE MATTERS.

SO AT THIS POINT, THE MEETING IS NOT SUSPENDED.

IT IS STILL YOU'RE STILL HERE. YOU'RE YOU'RE YOU HAVE A QUORUM.

AND SO THE OPTIONS ARE KIND OF LAID OUT BEFORE YOU BASED ON WHAT I'VE STATED, YOU CAN GO,

[00:25:03]

YOU CAN MAKE A MOTION AND VOTE ON GOING INTO EXECUTIVE SESSION OR ACT ON ANY OTHER ITEMS ON THE AGENDA AS YOU SEE FIT.

THANK YOU. I'D LIKE TO MAKE A MOTION TO MOVE TO EXECUTIVE.

SECOND. TO MOVE INTO WE HAVE A MOTION TO MOVE INTO EXECUTIVE SESSION.

A SECOND BY MYSELF. ALL IN FAVOR SAY AYE. AYE.

ALL OPPOSED? NAY. SO TWO EYES. MAYOR PRO TEM NAVARRO AND MYSELF AND TWO AND THREE NAYS.

COMMISSIONER CORTEZ. COMMISSIONER GONZALEZ. COMMISSIONER PEREZ WISH NOT TO GO INTO EXECUTIVE SESSION FOR DELIBERATION.

ALL RIGHT. SO THE ONLY YOU HAVE ONE ACTION ITEM ON THE AGENDA.

[POSSIBLE ACTION ON ANY ITEM(S) AS DISCUSSED IN EXECUTIVE SESSION]

YOU CAN EITHER MAKE A MOTION OR NOT. THAT'S FOR THE COMMISSION TO DECIDE.

I MAKE A MOTION AT THIS MOMENT. TO A POINT. CARLOS, AS THE CITY MANAGER, AUTHORIZED THE MAYOR TO ENTER IN CONTRACT NEGOTIATIONS AND POTENTIALLY EXECUTE EMPLOYMENT AGREEMENT AT THIS MOMENT, PLEASE.

HAVE A MOTION BY COMMISSIONER PEREZ. HAVE A SECOND.

BY COMMISSIONER CORTEZ, ENTERTAIN A CONTRACT NEGOTIATIONS FOR THE MAYOR WITH MR. CARLOS, THE INTERIM CITY MANAGER FOR THE CITY MANAGER POSITION.

ALL IN FAVOR, SAY AYE. AYE. ALL OPPOSED? NAY.

MOTION CARRIES. YES, THAT IS CORRECT. SO FOR THE APPOINTMENT OF CITY MANAGER DOES REQUIRE THREE AFFIRMATIVE VOTES FOR CITY CHARTER.

I BELIEVE THAT IS THE VOTE THAT JUST TOOK PLACE.

SO THAT MOTION DOES CARRY. IS THERE ANYTHING ELSE ON THE AGENDA? THERE IS NO MOTION TO ADJOURN. THE TIME IS 6 P.M.. THE MEETING IS CLOSED.

* This transcript was compiled from uncorrected Closed Captioning.