COMMISSIONERS PRESENT: Ralph Wayne, Chair; Cullen R. Looney, Vice Chair; Raymond R. “Tripp” Davenport, III; Scott W. Fisher; Francisco Hernandez; and David Montagne.
COMMISSIONERS ABSENT: Tom Harrison and Wales H. Madden, III.
STAFF PRESENT: Natalia L. Ashley, William Calem, Margie Castellanos, Sharon Finley, Becky Levy, Bobby Mannas, Kristin Newkirk, David A. Reisman, Theresa Schwindt, Amy Simms, Tim Sorrells, Ian M. Steusloff, and Mary Young.
This meeting was tape recorded. These minutes are a summary record of the Commission's actions at the meeting. For a detailed record of discussions and statements made by persons speaking at the meeting, please consult the audio tapes on file at the Commission's office.
Agenda Item 1: Call to order; roll call.
The meeting was called to order by Chair Wayne. David A. Reisman, Executive Director, called the roll. All Commissioners were present, except Commissioners Harrison and Madden.
Agenda Item 2: Executive session pursuant to Section 551.071, Government Code; Closed meeting. Discussion regarding pending litigation that arose due to reasonably unforeseen circumstances. Specifically, the discussion regarding a subpoena requesting that the Executive Director release confidential information at a hearing scheduled for May 10, 2005.
Went into closed executive session at 9:02 a.m.
Agenda Item 3: Reconvened in open session. Possible action regarding a subpoena requesting that the Executive Director release confidential information at a hearing scheduled for May 10, 2005.
Reconvened at 9:55 a.m. Motion by Commissioner Fisher to have the Texas Ethics Commission file a motion to quash the subpoena to release confidential information in an effort to preserve the statutory requirement that the Texas Ethics Commission protect the identity of a requestor of an advisory opinion pursuant to section 571.093 of the Government Code; second by Commissioner Davenport. Motion passed by a vote of six ayes.
Agenda Item 4: Comments by the Commissioners.
Chair Wayne announced that Representative Joe Moreno of Houston was killed in a vehicle accident on May 5, 2005, and Representative Joe Pickett and the chief of staff to Representative Pickett were injured. Commissioner Fisher announced that he will be submitting his resignation this afternoon and that this will be his last commission meeting in order to run for a position in the Texas State Republican Party. Chair Wayne expressed his appreciation for Commissioner Fisher’s service to the agency. [Correction: Representative Rafael Anchia, not Representative Pickett, was injured.]
Agenda Item 5: Comments by the Executive Director.
David A. Reisman, Executive Director, made the following comments:
1. Twenty-five days remain until the end of the legislative session. The commissioners were given a spreadsheet listing all the bills tracked by agency staff. Staff will continue to send the commissioners updates and summaries of the legislation that affects the commission.
2. Since the March 2005 commission meeting, a total of 62 sworn complaints have been filed with the commission.
3. Lillian Lopez is the new Ethics Commission clerk in the Disclosure Filings Division. Jeanine Hudson is the new staff attorney who will begin working at the Ethics Commission on May 31, 2005.
4. Sarah Woelk resigned from the Texas Ethics Commission and Natalia Luna Ashley is serving as Acting General Counsel.
5. The First Annual Texas Ethics Commission Family Picnic will be held on June 4, 2005, at Camp Mabry.
Agenda Item 6: Communication to the commission from the public.
Jack Gullahorn, Professional Advocacy Association of Texas, addressed the commission stating that he will be filing another petition for rulemaking regarding the definition of administrative expenditures for corporations regarding political action committees. Vice Chair Looney responded with a question.
Agenda Item 7: Approve minutes of the March 11, 2005, meeting.
Motion by Commissioner Davenport to adopt the March 11, 2005, meeting minutes; second by Commissioner Hernandez. Motion passed by a vote of six ayes.
Agenda Item 8: Update on the status of the collection of late-filing penalties.
Becky Levy, Director of the Disclosure Filings Division, briefed the commission on this agenda item. A copy of the mailed preliminary late letter was distributed to the commissioners. Chair Wayne responded with a question.
Agenda Item 9: Update on the status of the new computer software for the electronic filing of campaign finance reports with the Texas Ethics Commission.
Kristin Newkirk, Director of Special Projects, briefed the commission on this agenda item.
For Agenda Items 10 and 11, the following represents the actions taken by the Ethics Commission in the order they occurred during the meeting.
Agenda Item 10: Briefing, discussion, and possible action to waive or reduce certain penalties assessed for late filing of campaign finance reports, lobby reports, or personal financial statements.
45. W. Robert Eissler, State Representative (00051538)
Report: 30-day pre-election report due October 4, 2004
Penalty: $500Report: 8-day pre-election report due October 25, 2004
Penalty: $7,800 (At the March 2005 meeting, the commission voted to reduce the late-filing penalty to $4,500)
Representative Eissler spoke before the commission on Agenda Item 10, number 45. The $5,000 late-filing penalty for Agenda Item 10, number 45 stands due to lack of a motion.
1. Jaime Capelo, Former State Representative (00037349)
Report: semiannual report due January 18, 2005
Penalty: $500
2. Charles E. Hardy, Treasurer, Judicial Roundup PAC (00034552)
Report: semiannual report due January 18, 2005
Penalty: $6,200
3. Vilma Luna, State Representative (00020272)
Report: semiannual report due January 18, 2005
Penalty: $700
4. Lynne D. Moore, Treasurer, Alief Education Association PAC (00015957)
Report: semiannual report due January 18, 2005
Penalty: $500
5. Andrew C. Olivo, Candidate, State Representative (00051923)
Report: annual report of unexpended contributions due January 18, 2005
Penalty: $500
6. Bill Rhea, Former District Judge (00020590)
Report: semiannual report due January 18, 2005
Penalty: $700
7. Michelle Marie Tobias, Member, College Opportunity Act Committee (00037710)
Report: personal financial statement due April 30, 2004
Penalty: $500
Motion by Vice Chair Looney to accept staff’s recommendation to waive the late-filing penalties for Agenda Item 10, numbers 1 through 7; second by Commissioner Davenport. Motion passed by a vote of six ayes. Staff’s recommendation to waive the late-filing penalties is adopted for Agenda Item 10, numbers 1 through 7.
8. Vernica O. Bolen, Treasurer, AFT – North Forest Committee on Political Education (00055460)
Report: semiannual report due January 18, 2005
Penalty: $500
9. Brian Gerron, Treasurer, Tarrant Citizens for a Fair Judiciary, Inc. (00050874)
Report: semiannual report due January 18, 2005
Penalty: $500
10. Alfred Green, Treasurer, Concerned Citizens for Good Government (00039123)
Report: semiannual report due January 18, 2005
Penalty: $500
11. Jeane E. Grisham, Treasurer, NETCDO PAC (00032617)
Report: semiannual report due January 18, 2005
Penalty: $500
12. Daniel B. Hagan, Lobbyist (00014895)
Report: lobby activities report due January 10, 2005
Penalty: $500
13. Deborah Hammond, Lobbyist (00034773)
Report: lobby activities report due January 10, 2005
Penalty: $500
14. Thomas T. Morgan, Treasurer, Committee for Good Government of Temple-Inland Forest Products Corp. (00015608)
Report: monthly report due February 7, 2005
Penalty: $500
15. Lynn R. Sherman, Lobbyist (00015338)
Report: lobby activities report due March 10, 2005
Penalty: $500
Motion by Commissioner Fisher to accept staff’s recommendation to waive the late-filing penalties for Agenda Item 10, numbers 8 through 15; second by Commissioner Montagne. Motion passed by a vote of six ayes. Staff’s recommendation to waive the late-filing penalties is adopted for Agenda Item 10, numbers 8 through 15.
29. Robin Schneider, Lobbyist (00050809)
Report: lobby activities report due January 10, 2005
Penalty: $500
Robin Schneider spoke before the commission on Agenda Item 10, number 29. Motion by Vice Chair Looney to reduce the $500 late-filing penalty to $100 on Agenda Item 10, number 29; second by Commissioner Montagne. Motion passed by a vote of six ayes. Late filing penalty reduced to $100 for Agenda Item 10, number 29.
16. Angelina Barrientos, Treasurer, Friends of the Texas Latina Caucus (00055782)
Report: monthly reports due July 6, 2004, through March 7, 2005
Penalty: $4,500 ($500 each)
Amy Simms briefed the commission on this agenda item. Motion by Commissioner Fisher to reduce the $4,500 late-filing penalty to a total of $250; second by Commissioner Montagne. Motion passed by a vote of six ayes. Late-filing penalty reduced to a total of $250 for Agenda Item 10, number 16.
31. Bill Stinson, Lobbyist (00012759)
Report: lobby activities report due January 10, 2005
Penalty: $500
Bill Stinson spoke before the commission on Agenda Item 10, number 31. Motion by Vice Chair Looney to reduce the $500 late-filing penalty to $100; second by Commissioner Montagne. Motion failed. Commissioners Davenport and Fisher voted no. The $500 late-filing penalty for Agenda Item 10, number 31 stands.
17. Richard Callison, Treasurer, Greater Texas Sportsmen’s Coalition (00029293)
Report: semiannual report due July 15, 2003
Penalty: $100Report: semiannual report due July 15, 2004
Penalty: $500
18. C. Dean Davis, Lobbyist (00010970)
Report: lobby activities report due January 10, 2005
Penalty: $500
19. Len Goff, Treasurer, Fort Bend Democrats (00056054)
Report: semiannual report due January 18, 2005
Penalty: $500
20. John C. Hendricks, Member, Texas Medical Disclosure Panel (00035767)
Report: personal financial statement due April 30, 2003
Penalty: $100
21. Gerald Henigsman, Treasurer, Apartment Association of Greater Dallas PAC (00016482)
Report: semiannual report due January 18, 2005
Penalty: $500
22. Ray Langhaim, Treasurer, Keep Our Kids Safe (00055316)
Report: semiannual report due January 18, 2005
Penalty: $500
23. David R. Lee, Lobbyist (00056022)
Report: lobby activities report due March 10, 2005
Penalty: $500
24. William Mahomes, Jr., Treasurer, African American Leadership Council PAC (00055359)
Report: monthly report due March 7, 2005
Penalty: $500
25. Rick W. Neudorff, Candidate, County Party Chair (00055168)
Report: semiannual report due January 18, 2005
Penalty: $500
26. John Patrick, Treasurer, Texas Political & Legislative Committee, USA District #12 PAC Fund (00015759)
Report: semiannual report due January 18, 2005
Penalty: $500
27. John R. Pitts, Jr., Treasurer, Make Texas Proud Committee (00053515)
Reports: semiannual reports due July 15, 2004, and January 18, 2005
Penalty: $500 (each)
28. Philip A. Ruiz, Treasurer, State Tejano Democrats (00056106)
Report: semiannual report due January 18, 2005
Penalty: $500
30. N. West Short, Treasurer, Citizens for Georgetown (00041782)
Report: semiannual report due January 18, 2005
Penalty: $500
32. Robert Stluka, Jr., Lobbyist (00018549)
Report: lobby activities report due March 10, 2005
Penalty: $500
33. Rance G. Sweeten, Member, Texas Economic Development (00036667)
Report: personal financial statement due June 30, 2003
Penalty: $100
34. Donna Warndof, Lobbyist (00050725)
Report: lobby activities report due January 10, 2005
Penalty: $500
35. Jimmy L. White, District Judge (00029258)
Report: semiannual report due January 18, 2005
Penalty: $500
36. Mike R. Wilson, Treasurer, Citizens For a Better Baytown General Purpose PAC (00052718)
Report: semiannual report due January 18, 2005
Penalty: $500
37. John A. Worthington, Treasurer, Security Service Federal Credit Union Political Action Committee (00052619)
Report: semiannual report due January 18, 2005
Penalty: $500
Motion by Commissioner Hernandez to adopt staff’s recommendation not to waive the late-filing penalties for Agenda Item 10, numbers 17 through 28, 30, and 32 through 37; second by Commissioner Davenport. Motion passed by a vote of six ayes. Staff’s recommendation not to waive the late-filing penalties is adopted on Agenda Item 10, numbers 17 through 28, 30, and 32 through 37.
38. Joseph D. Deshotel, State Representative (00039164)
Report: 8-day pre-election report due October 25, 2004
Penalty: $6,800
Staff recommendation: reduction of the late-filing penalty to $800
39. Casetra L. McKinney, Candidate, State Representative (00054736)
Report: semiannual report due January 18, 2005
Penalty: $4,700
Staff recommendation: reduction of the late-filing penalty to $500
40. William O. Neal, Former District Attorney (00020653)
Report: semiannual report due January 18, 2005
Penalty: $500
Staff recommendation: reduction of the late-filing penalty to $200
41. Dennis Powell, District Judge (00042056)
Report: semiannual report due January 18, 2005
Penalty: $1,200
Staff recommendation: reduction of the late-filing penalty to $600
42. Britt Thurman, Former District Attorney (00029449)
Report: 30-day pre-election report due October 4, 2004
Penalty: $500
Staff recommendation: no waiver of the late-filing penaltyReport: 8-day pre-election report due October 25, 2004
Penalty: $10,000
Staff recommendation: reduction of the late-filing penalty to $800
43. Dennis Tucker, Candidate, State Representative (00056012)
Report: 8-day pre-election report due October 25, 2004
Penalty: $10,000
Staff recommendation: reduction of the late-filing penalty to $500Report: personal financial statement due September 29, 2004
Penalty: $500
Staff recommendation: reduction of the late-filing penalty to $100
Motion by Commissioner Montagne to adopt staff’s recommendations on Agenda Item 10, numbers 38 through 43; second by Vice Chair Looney. Motion passed by a vote of six ayes. Staff’s recommendation to reduce one or more of the late-filing penalties is adopted for Agenda Item 10, numbers 38 through 43.
44. Richard Hunter Chenevert, Candidate, State Representative (00051943)
Reports: semiannual reports due July 15, 2002, January 15, 2003, and July 15, 2003
Penalty: $100 (each)Reports: semiannual reports due January 15, 2004, and July 15, 2004
Penalty: $500 (each)
Richard Hunter Chenevert spoke before the commission on Agenda Item 10, number 44. Motion by Commissioner Fisher to reduce the $1,300 late-filing penalty to a total of $100; second by Commissioner Montagne. Motion passed by a vote of six ayes. Late filing penalty reduced to a total of $100 for Agenda Item 10, number 44.
46. Raul G. Martinez, Lobbyist (00010272)
Report: lobby activities report due November 10, 2004
Penalty: $500
Raul G. Martinez spoke before the commission on Agenda Item 10, number 46. The $500 late-filing penalty for Agenda Item 10, number 46 stands due to lack of a motion.
47. Matthew T. Morones, Candidate, State Representative (00055028)
Report: 30-day pre-election report due October 4, 2004
Penalty: $500Report: 8-day pre-election report due October 25, 2004
Penalty: $6,100 (At the March 2005 meeting, the commission voted to reduce the late-filing penalty to $500.)
Matthew T. Morones spoke before the commission on Agenda Item 10, number 47. The two $500 late-filing penalties for Agenda Item 10, number 47 stand due to lack of a motion.
Agenda Item 11: Briefing, discussion, and possible action to waive or reduce late-filing penalties in connection with certain corrected reports or to determine whether certain corrected reports as originally filed substantially complied with the applicable law.
1. Shari Anderson, Treasurer, Akin, Gump, Strauss, Hauer & Feld Texas Civic Action Committee (00016923)
Report: monthly report due March 7, 2005
Penalty: $500
2. Joaquin Castro, State Representative (00051352)
Report: semiannual report due January 18, 2005
Penalty: $5,700
3. John Coleman, Treasurer, Affiliated Computer Services, Inc. Good Government Committee (00056209)
Report: semiannual report due January 18, 2005
Penalty: $500
4. William R. Goertz, Treasurer, Wells Fargo Texas State PAC (00037286)
Report: 8-day pre-election report due October 25, 2004
Penalty: $10,000
5. Jacob Gonzales, Treasurer, Power & Energy Political Action Committee of TXU Corp. (00016865)
Reports: monthly reports due February 7, 2005, and March 7, 2005
Penalty: $500 (each)
6. Jackie Harrison, Treasurer, TXU Corp PAC (00017075)
Reports: monthly reports due January 5, 2005, and February 7, 2005
Penalty: $500 (each)
7. Carol Martine, Treasurer, Austin Apartment Association PAC (00016265)
Report: monthly report due March 7, 2005
Penalty: $500
8. Mario Parras, Treasurer, Texas Gas Service PAC (00027657)
Reports: monthly reports due February 7, 2005, and March 7, 2005
Penalty: $500 (each)
9. Josue Robles, Treasurer, United Services Automobile Association Group – State (00016847)
Report: monthly report due February 7, 2005
Penalty: $500
10. Kelton G. Seliger, State Senator (00052862)
Report: semiannual report due January 18, 2005
Penalty: $500
11. Texas Conservative Coalition, Legislative Caucus (00034400)
Report: semiannual report due January 18, 2005
Penalty: $500
12. Vicki Truitt, State Representative (00037500)
Report: semiannual report due January 18, 2005
Penalty: $500
Motion by Vice Chair Looney to adopt staff’s recommendation on Agenda Item 11, numbers 1 through 12, that the original reports substantially complied with the applicable law; second by Commissioner Hernandez. Motion passed by a vote of six ayes. Staff’s recommendation is adopted on Agenda Item 11, numbers 1 through 12, that the original reports substantially complied with the applicable law.
13. Tina Benkiser, Chair, Texas Republican Party (00015664)
Report: 50-day pre-election report due September 13, 2004
Penalty: $500
14. Arlo Chavira, Candidate, State Representative (00054921)
Report: semiannual report due January 18, 2005
Penalty: $5,900
15. Timothy P. Cost, Treasurer, Aramark PAC (00055951)
Report: 8-day pre-election report due October 25, 2004
Penalty: $8,800
16. Peter C. Havel, Treasurer, Associated Builders and Contractors of North Texas PAC (0015532)
Report: semiannual report due January 15, 2004
Penalty: $500Report: 8-day pre-election report due March 1, 2004
Penalty: $10,000Report: semiannual report due July 15, 2004
Penalty: $10,000
17. Thornton Keel, Treasurer, Friends of Carole Keeton Strayhorn (00016256)
Report: semiannual report due January 18, 2005
Penalty: $500
18. Sean Mannix, Treasurer, Austin Police Association PAC (00015883)
Reports: monthly reports due December 5, 2004, January 5, 2005, and February 7, 2005
Penalty: $500 (each)
Tom Stribling, Austin Police Association PAC, spoke before the commission on Agenda Item 11, number 18.
19. Chris Maska, Treasurer, Republican Party of Texas (00015662)
Report: semiannual report due January 18, 2005
Penalty: $6,200
20. Donald N. Piwonka, Treasurer, Verizon Communications Inc. Good Government Club – Texas (00015611)
Report: monthly report due January 5, 2005
Penalty: $500
21. Stephen Truesdell, Treasurer, Austin Firefighters PAC (00015617)
Report: 8-day pre-election report due October 25, 2004
Penalty: $10,000
Motion by Commissioner Montagne to adopt staff’s recommendation to waive the late-filing penalties on Agenda Item 11, numbers 13 through 21; second by Commissioner Fisher. Motion passed by a vote of six ayes. Staff’s recommendation to waive the late-filing penalties is adopted on Agenda Item 11, numbers 13 through 21.
22. Patricia A. Garner, Treasurer, Texas Greyhound Association PAC (00052488)
Report: semiannual report due January 18, 2005
Penalty: $500
Agenda Item 11, number 22 is withdrawn at the filer’s request.
23. Pete P. Gallego, State Representative (00021163)
Report: semiannual report due January 18, 2005
Penalty: $500
Motion by Vice Chair Looney to adopt staff’s recommendation to reduce the $500 late-filing penalty to $250 on Agenda Item 11, number 23; second by Commissioner Montagne. Motion passed by a vote of six ayes. Staff’s recommendation to reduce the late-filing penalty to $250 is adopted on Agenda Item 11, number 23.
24. Clifford McFarland, Treasurer, Total Petrochemicals USA (00016752)
Reports: monthly reports due February 5, 2004, March 3, 2004, April 5, 2004, May 5, 2004, June 7, 2004, July 6, 2004, August 5, 2004, September 7, 2004, October 5, 2004, November 5, 2004, December 6, 2004, January 5, 2005, and February 7, 2005
Penalty: $500 (each)
Motion by Commissioner Montagne to adopt staff’s recommendation to reduce the $500 late-filing penalty on the report due February 5, 2004, to $250 and to reduce the $500 late-filing penalties in connection with the reports due March 3, 2004, through February 7, 2005 (total of $6,000), to $100 for each report (total of $1,200), on Agenda Item 11, number 24; second by Commissioner Hernandez. Motion passed by a vote of six ayes. Staff’s recommendation to reduce the late-filing penalties to a total of $1,450 is adopted on Agenda Item 11, number 24.
25. Tammy Porter, Treasurer, Electric Delivery PAC of TXU Corp. (00016862)
Reports: monthly reports due January 5, 2005, and February 7, 2005
Penalty: $500 (each)
Motion by Vice Chair Looney to adopt staff’s recommendation to waive the $500 late-filing penalty in connection with the report due January 5, 2005, and that the report due February 7, 2005, substantially complied with the applicable law; second by Commissioner Fisher. Motion passed by a vote of six ayes. Staff’s recommendation is adopted on Agenda Item 11, number 25, to waive the late-filing penalty in connection with the report due January 5, 2005, and that the report due February 7, 2005, substantially complied with the applicable law.
26. Mary Rosado, Treasurer, Humana Inc. Texas PAC (00028202)
Reports: monthly reports due December 6, 2004, January 5, 2005, and February 7, 2005
Penalty: $500 (each)
Motion by Commissioner Fisher to adopt staff’s recommendation to reduce the $500 late-filing penalty in connection with the report due December 6, 2004, to $250, and to reduce the $500 late-filing penalty in connection with the reports due January 5, 2005, and February 7, 2005, to $100 per report; second by Commissioner Davenport. Motion passed by a vote of six ayes. Staff’s recommendation is adopted to reduce the late-filing penalties to a total of $450 for Agenda Item 11, number 26.
27. John P. Ward, Treasurer, BG Distribution Partners Political Action Committee (00055117)
Report: monthly report due December 6, 2004
Penalty: $500
The $500 late-filing penalty for Agenda Item 11, number 27 stands due to lack of a motion.
Agenda Item 12: AOR 523: Whether a former elected officeholder may use unexpended political contributions to make expenditures in connection with his current non-elected position at a state agency.
Natalia L. Ashley, Acting General Counsel, briefed the commission on this agenda item. Motion by Vice Chair Looney to adopt staff’s recommendation; second by Commissioner Fisher. Motion passed by a vote of six ayes. AOR 523 is adopted as Ethics Advisory Opinion No. 462.
Agenda Item 13: Public discussion and possible action on the adoption and publication in the Texas Register of a rule relating to information about referrals required to be reported on the personal financial statement by a state officer who is an attorney under section 572.0252 of the Government Code.
Natalia L. Ashley, Acting General Counsel, briefed the commission on this agenda item. A draft will be prepared for discussion at the July 2005 public meeting.
Agenda Item 14: Public discussion and possible action on the proposal and publication in the Texas Register of a rule relating to the description of a political expenditure for travel on reports filed under title 15 of the Election Code.
Agenda Item 15: Public discussion and possible action on the proposal and publication in the Texas Register of a rule relating to description of an in-kind political contribution for travel on reports filed under title 15 of the Election Code.
Natalia L. Ashley, Acting General Counsel, briefed the commission on Agenda Items 14 and 15. Motion by Commissioner Davenport to adopt staff’s recommendation regarding the amendments to subsections (b)(3) and (b)(4) of each rule; second by Commissioner Montagne. Motion passed on the amendments by a vote of six ayes. Motion passed on the rules as amended by a vote of six ayes. The rules are proposed as amended and are approved for publication in the Texas Register.
Agenda Item 16: Executive session pursuant to Section 551.074, Government Code, Personnel Matters. Closed Meeting. Discussion of personnel matters, specifically, the position of general counsel.
Closed Meeting at 10:54 a.m.
Agenda Item 17: Reconvene in open session. Possible action regarding personnel matters, specifically, the position of general counsel.
Reconvened at 11:06 a.m. Motion by Vice Chair Looney to appoint Natalia Luna Ashley as General Counsel; second by Commissioner Davenport. Motion passed by a vote of six ayes. Motion is adopted to appoint Natalia Luna Ashley as General Counsel.
Agenda Item 18: Adjourn.
Chair Wayne presented Commissioner Fisher a departing gift from the commissioners. Commissioner Fisher expressed his appreciation for the gift and being able to serve on the commission.
Natalia L. Ashley, General Counsel, updated the commission on the visit to the Attorney General’s Office.
Motion by Commissioner Davenport to adjourn; second by Commissioner Hernandez. Motion passed by a vote of six ayes.