Government Oversight and Audit Committee

Agenda

1. Call to Order

   Chair Ackerson called the meeting to order at 5:01 p.m.

2. Roll Call

   Chair Ackerson introduced the committee members and non-committee members present. A quorum was established. Note: All committee members and non-committee members present attended virtually, except for Chair Ackerson, Vice Chair Piagentini, Committee Member Fox, and Committee Member Benson, who attended in Chambers.

3. Pending Legislation
4. 1. REAPPOINTMENT OF LISA HITE TO THE EXTENSION BOARD (TERM EXPIRES DECEMBER 31, 2025)
   Appointment
   Action: recommended for approval Passed

   A motion was made by Vice Chair Piagentini, seconded by Committee Member Benson, that this Reappointment be recommended for approval. The following spoke to this item: - Althea Jackson, Mayor's Office - Lisa Hite, Appointee The following was discussed: - The appointee joined the Extension Board in 2019 - The appointee was a previous Metro Parks employee for 15 years - The appointee has 36 years of professional experience in Urban and Natural Resources, Transportation, Planning, and Administration The motion carried by a voice vote and the Reappointment was sent to the Consent Calendar.

5. 2. REAPPOINTMENT OF EDWARD KRUGER TO THE BUILDING CODE BOARD OF APPEALS (TERM EXPIRES MARCH 21, 2025)
   Appointment
   Action: recommended for approval Passed

   A motion was made by Vice Chair Piagentini, seconded by Committee Member Benson, that this Reappointment be recommended for approval. Althea Jackson, Mayor's Office, spoke to this item. The following was discussed: - The appointee joined the Building Code Board of Appeals in 2019 - The appointee is an architect with Joseph & Joseph + Bravura Architects - The appointee resides in District 8 - The appointee has a Bachelor's Degree in Enviromental Design from Miami University - The appointee is a Kentucky state registered architect The motion carried by a voice vote and the Reappointment was sent to the Consent Calendar.

6. 3. APPOINTMENT OF DANIEL GARST TO THE AIR POLLUTION CONTROL DISTRICT BOARD (TERM EXPIRES JUNE 30, 2023)
   Appointment
   Action: recommended for approval Passed

   A motion was made by Vice Chair Piagentini, seconded by Committee Member Benson, that this Appointment be recommended for approval. The following spoke to this item: - Althea Jackson, Mayor's Office - Dr. Daniel Garst, Appointee - Vice Chair Piagentini The following was discussed: - The appointee is filling a vacancy on the Air Pollution Control District Board due to a resignation - The appointee is a Medical Doctor - The appointee resides in District 16 - The appointee received his education from the University of Virginia, the University of Utah, and the University of Louisville - The appointee is a native Louisvillian and delighted to serve on this board The motion carried by a voice vote and the Appointment was sent to the Consent Calendar.

7. 4. REAPPOINTMENT OF HAROLD REYNOLDS TO THE KENTUCKIANA WORKS - GREATER LOUISVILLE WORKFORCE DEVELOPMENT BOARD (TERM EXPIRES MARCH 21, 2025)
   Appointment
   Action: recommended for approval Passed

   A motion was made by Vice Chair Piagentini, seconded by Committee Member Benson, that this Reappointment be recommended for approval. Althea Jackson, Mayor's Office, spoke to this item. The following was discussed: - The appointee is representing the Labor Organization for IBEW Local 369 on this board The motion carried by a voice vote and the Reappointment was sent to the Consent Calendar.

8. 5. REAPPOINTMENT OF SCOTT HOWE TO THE NULU REVIEW OVERLAY DISTRICT COMMITTEE (TERM EXPIRES FEBRUARY 26, 2025)
   Appointment
   Action: recommended for approval Passed

   A motion was made by Vice Chair Piagentini, seconded by Committee Member Benson, that this Reappointment be recommended for approval. Althea Jackson, Mayor's Office, spoke to this item. The following was discussed: - The appointee serves as the Butchertown Neighborhood Association's Representative on this board - The appointee is currently employed with HOWE Real Estate as a broker - The appointee resides in District 4 The motion carried by a voice vote and the Reappointment was sent to the Consent Calendar.

9. page break
10. 6. AN ORDINANCE AMENDING SECTIONS 21.02, 21.05, 21.06 AND 21.99 OF THE LOUISVILLE METRO CODE OF ORDINANCES (“LMCO”) AND CREATING NEW SECTIONS OF LMCO CHAPTER 21 RELATING TO THE LOBBYING OF METRO OFFICERS. (AMENDMENT BY SUBSTITUTION) (AS AMENDED)
    Ordinance
    Action: held

    This item was held in committee.

11. 7. A RESOLUTION DETAILING THE EXPECTATIONS OF METRO COUNCIL FOR [ALL LOUISVILLE METRO DEPARTMENTS, AGENCIES,] CERTAIN ENTITIES GOVERNED BY BOARDS[,] AND COMMISSIONS[, AND AUTHORITIES] REGARDING BEST PRACTICES FOR BOARD TRAINING, EXPENSE AUTHORIZATIONS, PROCUREMENT, AND HIRING. (AS AMENDED)
    Resolution

    A motion was made by Committee Member Fox, seconded by Committee Member Benson, that this Resolution be recommended for approval. The following spoke to the item: - Vice Chair Piagentini - Chair Ackerson - Committee Member Winkler - Committee Member McCraney - Committee Member Purvis - Committee Member Fox The following was discussed: - This Resolution is a result of the outcomes of the Transit Authority of River City ("TARC") investigation - Questions were asked regarding why this piece of legislation is in the form of a Resolution and not an Ordinance -- most of the Boards and Commissions that are impacted are established by State statute and Metro Government cannot require those Boards and Commissions to do anything as they are out of Metro Government's jurisdiction -- Metro Council can however be very specific on the recommended expectations it has for the Boards and Commissions to follow -- some examples and expectations were provided - Questions were asked regarding whether this Resolution will be for all Boards and Commissions to follow or just those that have high dollar value budgets -- the intention is for only the Boards and Commissions with a high dollar value budget would be impacted by this Resolution - Clarification was asked regarding what the term "high value" meant regarding the specific boards this Resolution would impact and some examples were provided -- Metro Council is only targeting a small number of high profile, and high budget boards that have a significant impact to the community - Brief discussion was had regarding some language concerns within the Resolution -- examples were provided - Concerns were expressed regarding the language listed in Section I, (E) of the Resolution, specifically regarding credit checks being performed on an on-going basis -- Section I, (E) was read into the record - Section I, (E) is recommended for the executive directors of Metro Louisville departments, agencies, etc. -- examples were provided - Suggestions were given regarding collaborative efforts with TARC concerning the company's policies and procedures as well as the TARC Board's responsibilities, policies, and procedures - Discussion was had regarding the TARC investigation with Ferdinand Risco Jr. and many concerns were expressed - Clarity was asked regarding the board members whom are being considered for reappointment coming before the Committee and the Committee questioning those appointees regarding the boards performance -- examples from language provided in Section I of the Resolution were briefly reviewed as well as other examples were provided - Questions were asked regarding whether the appointee whom is being considered for reappointment should be prepared to answer questions from the Committee regarding the board they are being considered for -- any appointee being considered for reappointment on a high dollar value board should be prepared to answer any questions from the Committee - Questions were asked regarding an appointee not being truthful with the Committee and how the Committee would be able to know

12. Adjournment

    Without objection, Chair Ackerson adjourned the meeting at 6:11 p.m.

13. Note: Items sent to the Consent Calendar or Old Business will be heard before the full Council at the Metro Council meeting on March 17, 2022.
14. page break
15. page break
16. 7. A RESOLUTION DETAILING THE EXPECTATIONS OF METRO COUNCIL FOR [ALL LOUISVILLE METRO DEPARTMENTS, AGENCIES,] CERTAIN ENTITIES GOVERNED BY BOARDS[,] AND COMMISSIONS[, AND AUTHORITIES] REGARDING BEST PRACTICES FOR BOARD TRAINING, EXPENSE AUTHORIZATIONS, PROCUREMENT, AND HIRING. (AS AMENDED)
    Resolution
    Action: tabled Failed

    A motion was made by Committee Member McCraney, seconded by Committee Member Blackwell, that this Resolution be tabled. The motion to table failed by the following vote:

17. 7. A RESOLUTION DETAILING THE EXPECTATIONS OF METRO COUNCIL FOR [ALL LOUISVILLE METRO DEPARTMENTS, AGENCIES,] CERTAIN ENTITIES GOVERNED BY BOARDS[,] AND COMMISSIONS[, AND AUTHORITIES] REGARDING BEST PRACTICES FOR BOARD TRAINING, EXPENSE AUTHORIZATIONS, PROCUREMENT, AND HIRING. (AS AMENDED)
    Resolution
    Action: amended

    The discussion continued and following spoke to the amended Resolution: - Committee Member McCraney - Committee Member Purvis The following was discussed: - It was suggested that the committee work with the Boards and Commissions director to ensure the appointees' background checks and standards are where the Committee would like them to be A motion was made by Committee Member Purvis that this Resolution be amended to add a new Section I (E) that makes executive employees subject to random credit and background checks. Due to lack of second the motion failed.

18. 7. A RESOLUTION DETAILING THE EXPECTATIONS OF METRO COUNCIL FOR [ALL LOUISVILLE METRO DEPARTMENTS, AGENCIES,] CERTAIN ENTITIES GOVERNED BY BOARDS[,] AND COMMISSIONS[, AND AUTHORITIES] REGARDING BEST PRACTICES FOR BOARD TRAINING, EXPENSE AUTHORIZATIONS, PROCUREMENT, AND HIRING. (AS AMENDED)
    Resolution
    Action: recommended for approval Passed

    A motion was made by Committee Member Fox, seconded by Committee Member Benson, that this Resolution be recommended for approval. The motion carried by the following vote and the amended Ordinance was sent to Old Business:

19. Clerk(s)

    Olivia Bennett, Assistant Clerk Sonya Harward, Clerk

20. Support Staff

    Kathryn Meador, Jefferson County Attorney's Office Hollie Hopkins, Jefferson County Attorney's Office

21. 7. A RESOLUTION DETAILING THE EXPECTATIONS OF METRO COUNCIL FOR [ALL LOUISVILLE METRO DEPARTMENTS, AGENCIES,] CERTAIN ENTITIES GOVERNED BY BOARDS[,] AND COMMISSIONS[, AND AUTHORITIES] REGARDING BEST PRACTICES FOR BOARD TRAINING, EXPENSE AUTHORIZATIONS, PROCUREMENT, AND HIRING. (AS AMENDED)
    Resolution
    Action: amended Passed

    A motion was made by Committee Member Winkler, seconded by Committee Member Fox, that this amended Resolution be further amended to delete Section I (E). The following spoke to the proposed amendment: - Committee Member Winkler - Vice Chair Piagentini - Chair Ackerson - Committee Member Purvis - Committee Member Fowler The following was discussed: - Opposition of this proposed amendment was encouraged due to it being a reasonable expectation for the executive level employees of large entities to have a credit and criminal history check performed when hired and on a periodic basis -- examples were provided The motion to amend carried by the following vote:

22. 7. A RESOLUTION DETAILING THE EXPECTATIONS OF METRO COUNCIL FOR [ALL LOUISVILLE METRO DEPARTMENTS, AGENCIES,] CERTAIN ENTITIES GOVERNED BY BOARDS[,] AND COMMISSIONS[, AND AUTHORITIES] REGARDING BEST PRACTICES FOR BOARD TRAINING, EXPENSE AUTHORIZATIONS, PROCUREMENT, AND HIRING. (AS AMENDED)
    Resolution
    Action: amended Passed

    A motion was made by Committee Member Winkler, seconded by Committee Member Purvis, that this Resolution be amended as follows: - Change the first part of Section I to read as follows: "With respect to those entities governed by boards and commissions: (a) that hold independent authority to expend public funds or independent regulatory authority; (b) whose nominees come before the Council for approval, and (c) who that come before the Council for budget approval or appropriations, the Council asks that they to be prepared to answer questions regarding adherence to the following best practices, where applicable: . . . ." - Change the first part of Section II to read as follows: "For nominees who come before the Council for approval to Metro boards and commissions, the Council asks that the Mayor’s office and the entity to be served by the nominee be prepared to answer questions regarding both those best practices listed in Section I of this section and the following best practices, where applicable: . . . ." The following spoke to the proposed amendment: - Committee Member Winkler - Vice Chair Piagentini The following was discussed: - The proposed amendment -- examples were provided. The motion to amend carried by a voice vote.