Government Oversight and Audit Committee

Agenda

1. Call to Order

   Chair Ackerson called the meeting to order at 5:05 p.m.

2. Roll Call

   Chair Ackerson introduced the 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, Council President James, Committee Member Fox, Committee Member Winkler, Council Member Hollander and Council Member George, who attended in Chambers.

3. Pending Legislation
4. 1. WITHDRAWN: REAPPOINTMENT OF MARK RATTERMAN TO THE JEFFERSONTOWN FIRE PROTECTION DISTRICT BOARD (TERM EXPIRES JUNE 30, 2025).
   Appointment

   This reappointment request has been withdrawn by the Mayor’s Office.

5. 2. APPOINTMENT OF COL. DETRICK BRISCOE TO THE DEPUTY SHERIFF MERIT BOARD (TERM EXPIRES JUNE 13, 2023).
   Appointment
   Action: recommended for approval Passed

   A motion was made by Committee Member Purvis, seconded by Committee Member Winkler, that this Appointment be recommended for approval. The following spoke to this item: - Chair Ackerson - Althea Jackson, Mayor's Office - Col. Detrick Briscoe, Appointee The following was discussed: - The appointee will be filling a vacant seat on this board - The appointee is a Mayoral appointee - The appointee resides in District 22 - The appointee is the director of the Youth Challenge Program for Kentucky State Government - The appointee is a retiree after 34 years of active duty service as law enforcement personnel The motion carried by a voice vote and the Appointment was sent to the Consent Calendar.

6. 3. APPOINTMENT OF DAVID BECK TO THE COMMISSION ON PUBLIC ART (COPA) BOARD (TERM EXPIRES OCTOBER 15, 2025).
   Appointment
   Action: recommended for approval Passed

   A motion was made by Committee Member Winkler, seconded by Committee Member Purvis, that this Appointment be recommended for approval. The following spoke to this item: - Chair Ackerson - Althea Jackson, Mayor's Office - David Beck, Appointee - Council Member George The following was discussed: - The appointee is the President and CEO of Kentucky Venues - The appointee is a life-long resident of Louisville/Jefferson County - The appointee resides in District 11 - Council Member George brought this appointment opportunity to the appointee as a chance for the appointee to serve the community at this capacity The motion carried by a voice vote and the Appointment was sent to the Consent Calendar.

7. 4. APPOINTMENT OF ALISIA RICHARDSON TO THE CODE ENFORCEMENT BOARD (TERM EXPIRES FEBRUARY 9, 2025).
   Appointment
   Action: recommended for approval Passed

   A motion was made by Committee Member Stuart, seconded by Committee Member Fox, that this Appointment be recommended for approval. Althea Jackson, Mayor's Office, spoke to this item. The following was discussed: - The appointee has resided in Louisvile/Jefferson County for 17 years - The appointee is the owner of ARGC Construction Group - The appointee resides in District 9 The motion carried by a voice vote and the Appointment was sent to the Consent Calendar.

8. 5. APPOINTMENT OF CHRIS WANTLAND TO THE CODE ENFORCEMENT BOARD (TERM EXPIRES FEBRUARY 9, 2025).
   Appointment
   Action: recommended for approval Passed

   A motion was made by Committee Member Fox, seconded by Committee Member Benson, that this Appointment be recommended for approval. The following spoke to this item: - Althea Jackson, Mayor's Office - Chris Wantland, Appointee The following was discussed: - The appointee has lived in Louisville/Jefferson County for 53 years - The appointee is a retiree - The appointee resides in District 8 - The appointee has experience with civil service, examples were provided The motion carried by a voice vote and the Appointment was sent to the Consent Calendar.

9. 6. APPOINTMENT OF MARTY RUBY TO THE POLICE MERIT BOARD (TERM EXPIRES JUNE 1, 2026).
   Appointment
   Action: recommended for approval Passed

   A motion was made by Committee Member Winkler, seconded by Committee Member Purvis, that this Appointment be recommended for approval. The following spoke to this item: - Althea Jackson, Mayor's Office - Martin Ruby, Appointee - Committee Member Winkler The following was discussed: - The appointee has lived in Louisville/Jefferson County for 40 years - The appointee is the Founder and Chairman of Stonewood Financial Solutions - The appointee resides in District 8 - The appointee will be filling a vacant seat on this board due to the previous member not being reappointed - Questions were asked regarding the appointees understanding of the time commitments to being on this board -- the appointee is semi-retired and not only devoted to this board but also looking forward to being on this board and the commitment it takes The motion carried by a voice vote and the Appointment was sent to the Consent Calendar.

10. 7. REAPPOINTMENT OF DR. SHERRYL ANDERSON TO THE POLICE MERIT BOARD (TERM EXPIRES JUNE 1, 2026).
    Appointment
    Action: recommended for approval Passed

    A motion was made by Committee Member Winkler, seconded by Committee Member Fox, that this Reappointment be recommended for approval. The following spoke to this item: - Althea Jackson, Mayor's Office - Dr. Sherryl Anderson, Appointee - Committee Member Winkler The following was discussed: - The appointee is a long-time resident of Louisville/Jefferson County - The appointee is a retired Jefferson County Public School ("JCPS") administrator - The appointee resides in District 10 - The appointee is an active board member and prides herself on never missing a meeting or hearing - Questions were asked regarding the appointees understanding of the time commitments to being on this board -- the appointee has been called back to work for JCPS part-time but this has not interfered with the appointee's meeting attendance The motion carried by a voice vote and the Reappointment was sent to the Consent Calendar.

11. 8. REAPPOINTMENT OF LULA HOWARD TO THE BOARD OF ZONING ADJUSTMENT (TERM EXPIRES JUNE 30, 2025).
    Appointment
    Action: recommended for approval Passed

    A motion was made by Committee Member Winkler, seconded by Committee Member Fox, that this Reappointment be recommended for approval. The following spoke to this item: - Chair Ackerson - Althea Jackson, Mayor's Office - Lula Howard, Appointee The following was discussed: - The appointee is the chair of this board - This is the appointees last term for this board - The appointee is a life-long resident of Louisville/Jefferson County - The appointee is a retired land use planner - The appointee resides in District 26 - The appointee has a been a public servant for 59 years - The appointee started her career as a planning technician at the Louisville/Jefferson County Planning Commission and was promoted to data processing supervisor for land use, planner I, a planner II and then retired as a planning manager in 1991 The motion carried by a voice vote and the Appointment was sent to the Consent Calendar.

12. 9. REAPPOINTMENT OF MARITA WILLIS TO THE METROPOLITAN SEWER DISTRICT BOARD (TERM EXPIRES JUNE 30, 2025).
    Appointment
    Action: recommended for approval Passed

    A motion was made by Committee Member Winkler, seconded by Committee Member Fox, that this Reappointment be recommended for approval. The following spoke to this item: - Chair Ackerson - Althea Jackson, Mayor's Office - Marita Willis, Appointee - Committee Member Benson The following was discussed: - The appointee is the chair for the Metropolitan Sewer District (MSD) Board - The appointee is a long-time resident of Louisville/Jefferson County - The appointee is the president of Community Engagement with Community Ventures Corporation - The appointee resides in District 20 The motion carried by a voice vote and the Reappointment was sent to the Consent Calendar.

13. 10. 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

    A motion was made by Committee Member Winkler, seconded by Committee Member Piagentini, that this Resolution be untabled. The following spoke to this item: - Chair Ackerson - Council Member Hollander - Committee Member Purvis - Alice Lyon, Jefferson County Attorney's Office - Council Member George - Committee Member Winkler The following was discussed: - Surrounding cities all have Ordinances to regulate and register lobbyists - Lobbyists have stated that it is unusual to come to Louisville Metro and be in a jurisdiction with no registration and no regulation - This Ordinance requires the registration of lobbyists -- this is an initial registration and then a registration every two years - This Ordinance defines lobbying as direct communication with Metro officers and staff for the purpose of influencing official decisions or official actions - Questions were asked regarding routine permitting, licensing and compliance -- exemptions listed on page 4 of the Ordinance and were briefly reviewed - Lobbying is when an individual is being paid -- page 5 of the Ordinance was briefly reviewed - This Ordinance prohibits some transactions with Metro officers and candidates -- this Ordinance prohibits an elected Metro officer from becoming a lobbyists within two years of leaving office - The prohibition sections listed in the Ordinance will take effect immediately upon passing the legislation - The registration of lobbyists is written to not take effect until six months after passage of the Ordinance - The first 14 pages of the Ordinance are new sections -- after Section VIII there are amendments to the existing Ordinances - Questions were asked regarding whether the Ethics Commission should be invited to the Committee for discussion regarding administrative burdens this would have on the Ethics Commission - Questions were asked regarding whether the Ethics Commission would consider having a financial impact statement on the administrative burdens they may face - Questions were asked regarding how this Ordinance would effect the relationships Metro Council may have with the unions -- Section V of the Ordinance was briefly reviewed and it depends on the conversations had and whom the Council is speaking with -- examples were provided - Questions were asked regarding how the lobbyists would write the meeting with the metro officer on the form -- examples were provided - Fundamental concerns were expressed regarding all lobbyists and lobbying activities being treated the same, such as small businesses and non-profits -- examples were provided - A Metro Council Member who pays a small non-profit organization to do consulting work would be considered an employer - Concerns were expressed regarding the proposed language written in the amendment by substitution that states "the only employer who's covered under this Ordinance is one who has an annual budget of $1M or more" - The importance of transparency was expressed - Questions were asked regarding who would have the reporting burden -- the lobbyists would have the burden of reporting lobbying activity not the employer of the lobbyists - A series of questions were asked regarding hypothetical scenarios and many examples were provided

14. 11. A RESOLUTION AMENDING RULE 6.03 OF THE RULES OF THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT RELATING TO THE SUBMISSION OF LEGISLATION. (AMENDMENT BY SUBSTITUTION)
    Resolution
    Action: recommended for approval

    A motion was made by Committee Member Winkler, seconded by Committee Member Fox, that this Resolution be recommended for approval. The following spoke to this item: - Chair Ackerson - Council President James Council President James proposed an amendment by substitution that was read into the record.

15. Adjournment

    Without objection, Chair Dorsey adjourned the meeting at 6:39 p.m.

16. Note: Items sent to the Consent Calendar or Old Business will be heard before the full Council at the Metro Council meeting on June 23, 2022.
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26. Clerk(s)

    Olivia Bennett, Assistant Clerk Sonya Harward, Clerk

27. Support Staff

    Hollie Hopkins, Jefferson County Attorney's Office Alice Lyon, Jefferson County Attorney's Office

28. Non-Committee Member(s)

    Council Member Angela Bowens (D-1), Council President David James (D-6), Council Member Bill Hollander (D-9), and Council Member Nicole George (D-21)

29. 11. A RESOLUTION AMENDING RULE 6.03 OF THE RULES OF THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT RELATING TO THE SUBMISSION OF LEGISLATION. (AMENDMENT BY SUBSTITUTION)
    Resolution
    Action: tabled Passed

    A motion was made by Committee Member Reed, seconded by Committee Member Winkler, that this Ordinance be tabled. The motion to table carried by a voice vote.

30. 11. A RESOLUTION AMENDING RULE 6.03 OF THE RULES OF THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT RELATING TO THE SUBMISSION OF LEGISLATION. (AMENDMENT BY SUBSTITUTION)
    Resolution
    Action: amended

    A motion was made by Committee Member Winkler, seconded by Committee Member Fox, that this Resolution be amended as shown in the attached document titled: "R-085-22 V.2 CABS 061422 Change to Rule 6.03 RE Submitting Legislation.pdf". The motion to amend carried by a voice vote. The following spoke to the proposed amendment: - Chair Ackerson - Council President James - Hollie Hopkins, Jefferson County Attorney's Office ("JCAO") - Committee Member McCraney - Committee Member Purvis - Committee Member Winkler - Vice Chair Piagentini - Committee Member Fox - Committee Member Reed The following was discussed: - House Bill 314 was adopted by the General Assembly, within this House Bill were changes made to KRS 67C.115 -- one of these changes relates to who would represent the Metro Council and who would approve Metro Council Resolutions and Ordinances -- more detailed examples were provided - Questions were asked regarding whether it was mandatory to consult with the JCAO for the drafting of legislation -- Metro Council Members are still able to work with JCAO, should they choose to do so - Questions were asked regarding whether this Resolution would allow Metro Council Members to seek the opinions of attorneys outside of JCAO -- this information was confirmed - Concerns were expressed regarding the knowledge an outside attorney would have regarding government legislation - Questions were asked regarding whom would be responsible to pay for outside counsel -- this would be up to the Metro Council to decide as it has not been made a Metro Council Rule as of yet - This Resolution is necessary to be in compliance with State law -- there are still many logistics to sort out - JCAO is still being funded by taxpayer dollars - Examples were shared regarding times when there was a conflict between a Metro Council Member and JCAO where JCAO did not sign off on a piece of legislation -- this rule change would allow for a Metro Council Member to seek outside counsel to get a second opinion if JACO was not in agreement with the Metro Council Member or the drafted piece of legislation-- other examples were provided regarding attorney's representing Metro Council in past investigations - Questions were asked regarding whether an amendment should be added to this Resolution to state that first the Metro Council Member should go to JCAO and if JCAO chooses not to approve a piece of legislation Metro Council is then authorized to move forward in seeking a second opinion from outside counsel -- examples were provided -- questions were asked whether Metro Council would be in violation of state statute if this amendment was to be made - Concerns were expressed regarding whether outside attorney's would abuse this rule to make additional income - It was stated that should a Metro Council Member seek outside counsel they would need to disclose the relationship they have with the attorney they have chosen - The rule change states that Metro Council is no longer required to have JCAO approval on legislation

31. 10. 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: tabled Passed

    A motion was made by Committee Member McCraney, seconded by Committee Member Fox, that this Ordinance be tabled. The motion to table carried by a voice vote.

32. 10. 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: amended Passed

    A motion was made by Committee Member Winkler, seconded by Chair Ackerson, that this Ordinance be amended as shown in the attached document titled: "O-058-22 V.2 CABS 061422 Amend LMCO RE Lobbying of Metro Officers.pdf". The motion to amend carried by a voice vote.