Meeting Minutes: July 15, 2005

TEXAS ETHICS COMMISSION MEETING MINUTES

July 15, 2005, 9:03 a.m.

Texas Workforce Commission, 101 E. 15th Street, Conference Room #244, Austin, Texas 78701

COMMISSIONERS PRESENT: Ralph Wayne, Chair; Cullen R. Looney, Vice Chair; Raymond R. “Tripp” Davenport, III; Ross Fischer; Tom Harrison; Francisco Hernandez; Wales H. Madden, III; and David Montagne.

COMMISSIONERS ABSENT: None.

STAFF PRESENT: Natalia L. Ashley, William Calem, Margie Castellanos, Sharon Finley, Jeanine Hudson, Jason King, Becky Levy, Bobby Mannas, Robbie Miller, David A. Reisman, Theresa Schwindt, Amy Simms, Tim Sorrells, Ian M. Steusloff, and Mary Young.

MINUTES

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.

Agenda Item 2: Comments by the Commissioners.

Chair Wayne welcomed Ross Fischer , appointed to the Texas Ethics Commission by Governor Rick Perry. Commissioner Fischer introduced himself.

Agenda Item 3: Comments by the Executive Director.

David A. Reisman, Executive Director, made the following comments:

1. The regular session of the 79th Legislature ended in June 2005. The legislature passed the biennial budget for the commission and appropriated a total of $3,602,168 for the next biennium. This includes a rider appropriation of $174,000. The $3.6 million is $156,000 less than the projected budget for the current biennium, which also included funding for the lobby electronic filing system that is now in place. Mr. Reisman thanked the Ethics Commission’s assigned liaisons, Ms. Jennifer Arnes with the Governor’s Office, Mr. Daniel Harper with the Senate Finance Committee, Ms. Amy Peterson with the House Appropriations Committee, and Mr. Jack Mason with the Legislative Budget Board.

2. Mr. Reisman introduced Jeanine Hudson and Jason King, new attorneys with the Ethics Commission. Mr. Reisman stated that Tim Sorrells was promoted to Deputy General Counsel, and Ian Steusloff was promoted to Attorney II. A Programmer II position has been posted.

3. Staff has been working on language for a possible rule relating to information on 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. Senator Judith Zaffirini currently has related pending legislation. Staff has contacted Senator Zaffirini’s office and is working with the Senator’s staff in an effort to clarify the current statutory language.

4. The 79th Legislature passed S.B. 286 requiring open government training. The bill contains an educational requirement for elected and appointed officials who are subject to the Texas Open Meetings Act and the Texas Public Information Act. There will be a two-hour minimum training requirement beginning January 1, 2006. Officials who were in office before January 1, 2006, have one year until January 1, 2007, to complete the required training. Staff will keep the commissioners apprised of when training begins to ensure all commissioners receive the required training.

5. Commissioners have received under Tab 3, a chart on sworn complaints showing the increase since calendar year 2003. In 2000, the commission received 93 complaints, and in 2004 received 217 complaints. To date we have received 133 in 2005. Since the last commission meeting, we have received 56 complaints. In 2005, we project we will get approximately 260 and we could potentially increase to 300 if the trend continues.

Agenda Item 4: Communication to the commission from the public.

None.

Agenda Item 5: Approve minutes of the May 6, 2005, meeting.

Motion by Vice Chair Looney to adopt the May 6, 2005, meeting minutes; second by Commissioner Hernandez. Motion passed by a vote of eight ayes.

Agenda Item 6: Presentation of Distinguished Service Award to Natalia Luna Ashley, General Counsel, by the Executive Director.

David A. Reisman, Executive Director, presented Natalia Luna Ashley with the Distinguished Service Award.

Agenda Item 7: Briefing on new legislation affecting the Texas Ethics Commission.

David A. Reisman, Executive Director, briefed the commission on H.B. 1800, H.B. 1863, S.B. 1863, H.B. 762, H.B. 2511, and H.B. 2826.

For Agenda Items 8 and 9, the following represents the actions taken by the Ethics Commission in the order they occurred during the meeting.

Agenda Item 8: 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.

1. Roy Blake, Jr., State Representative (00054698)

Representative Blake spoke before the commission on Agenda Item 8, number 1.

2. Claire Bugen, Texas School for the Deaf (00040230)

3. Gerald Kent Carter, Texas Racing Commission (00055354)

4. Jacqueline Baly Chaumette, Brazos River Authority (00055248)

5. Alfred Chavira, Angelina & Neches River Authority (00052738)

6. Clarence Timothy Cole, District Attorney (00019975)

7. Malcolm J. Deason, Texas Appraiser Licensing & Certification Board (00054082)

8. David A. Diaz, Texas Southern University Board of Regents (00050969)

9. Mildred Gay Dodson, Texas State Board of Pharmacy (00036545)

10. Narciso Escareno, Texas Board of Chiropractic Examiners (00050441)

11. Jessica Farrar, State Representative (00026313)

12. Bill B. Jones, Texas A&M University System Board of Regents (00033614)

13. Thomas D. Kirksey, M.D., Texas State Board of Medical Examiners (00031254)

14. Jerome Kosoy, M.D., State Committee of Examiners In the Fitting & Dispensing of Hearing Instruments (00053412)

16. Edward G. Miller, Texas Board of Professional Geoscientists (00052237)

17. Renee Ann Mueller, District Attorney (00042167)

18. Richard M. Neider, Texas Board of Orthotics & Prosthetics (00054166)

19. Bruce Oakley, Former District Judge (00051108)

20. Harriet O’Neill, Supreme Court Justice (00020714)

21. Brian L. Padden, On-Site Waste Water Treatment Research Council (00055748)

22. Emory Burle Pettit, University of North Texas Board of Regents (00031601)

23. Patrick A. Pirtle, District Judge (00020577)

24. Norval F. Pohl, University of North Texas (00052709)

25. Joseph W. Richardson, Texas State Board of Public Accountancy (00054049)

26. Bobby D. Schmidt, Texas State Board of Dental Examiners (00030705)

27. Bruce A. Scudday, Texas State Board of Podiatric Medical Examiners (00052982)

28. Carl E. Settles, Texas State Board of Examiners of Psychology (00054833)

29. Milton Gunn Shuffield, District Judge (00031581)

30. Minnette Son, M.D., State Board of Examiners for Speech-Language Pathology and Audiology (00053190)

31. John W. Steinberg, Texas State Board of Public Accountancy (00054045)

32. Suzanne Stovall, District Judge (00037515)

33. Matthew Washington, Texas State Board of Podiatric Medical Examiners (00031928)

35. Cary P. Yates, Manufactured Housing Board (00052230)

Motion by Commissioner Harrison on Agenda Item 8, numbers 1 through 14, 16 through 33, and 35, to impose a $100 a day penalty for each day past the due date; second by Commissioner Madden. Motion passed by a vote of six ayes. Commissioners Davenport and Montagne voted no. Late-filing penalty reduced to $100 a day for each day past the due date for Agenda Item 8, numbers 1 through 14, 16 through 33, and 35.

Vice Chair Looney requested that the rule allowing for an administrative waiver of late fines assessed in connection with personal financial statements be placed on the next meeting’s agenda.

15. Helen Hayes McKibben, Texas State Board of Dental Examiners (00054088)

Ms. McKibben spoke before the commission on Agenda Item 8, number 15.

Motion by Commissioner Harrison to waive the $500 late-filing penalty on Agenda Item 8, number 15; second by Vice Chair Looney. Motion passed by a vote of eight ayes. Late-filing penalty waived for Agenda Item 8, number 15.

34. William Watson, Texas State Board of Examiners of Marriage and Family Therapists (00040631)

Motion by Commissioner Harrison to waive the $500 late-filing penalty on Agenda Item 8, number 34. Commissioner Harrison withdrew his motion. The $500 late-filing penalty for Agenda Item 8, number 34 stands.

36. John Barrett, Coastal Coordination Council (00032283)

37. Margaret K. Bentley, Texas State Board of Physician Assistant Examiners (00050437)

38. Laura H. Bley, College Opportunity Act Committee (00036371)

39. Janice E. Collins, Texas Incentive and Productivity Commission (00039588)

40. Regan S. Kirk, Prescribed Burning Board (00055514)

41. Aurora F. Le Brun, Texas Online Authority (00052343)

42. Joyce C. Obst, Produce Recovery Fund Board (00033979)

43. Ravi Shah, Texas Industrialized Building Code Council (00053729)

44. Suzanne Walker, Prescribed Burning Board (00055512)

Motion by Commissioner Davenport to accept staff’s recommendation to waive the late-filing penalties for Agenda Item 8, numbers 36 through 44; second by Commissioner Montagne. Motion passed by a vote of eight ayes. Staff’s recommendation to waive the late-filing penalties is adopted for Agenda Item 8, numbers 36 through 44.

45. Grace Butler, Ph.D., Texas Board of Occupational Therapy Examiners (00052949)

46. Melonie Smith Caster, Texas Council for Developmental Disabilities (00053126)

47. Mary Ann Grant, Credit Union Commission (00054505)

Motion by Vice Chair Looney to adopt staff’s recommendation to waive the late-filing penalties for Agenda Item 8, numbers 45 through 47; second by Commissioner Madden. Motion passed by a vote of eight ayes. Staff’s recommendation to waive the late-filing penalties is adopted for Agenda Item 8, numbers 45 through 47.

48. Eric J. Freeman, Candidate, State Representative (00051724)

Motion by Commissioner Hernandez to adopt staff’s recommendation to waive the late-filing penalty for Agenda Item 8, number 48; second by Commissioners Davenport and Montagne. Motion passed by a vote of eight ayes. Staff’s recommendation to waive the late-filing penalty is adopted for Agenda Item 8, number 48.

49. Grace C. Darling, Treasurer, MPAC Arlington, Inc. (00054700)

50. Robert A. Flocke, Treasurer, Citizens for Common Sense (00056200)

51. Tony Privett, Lobbyist (00054252)

52. Walter D. Wilkerson, Jr., Treasurer, Med Group PAC of the Sadler Clinic Association (00016549)

Motion by Vice Chair Looney to adopt staff’s recommendation to waive the late-filing penalties for Agenda Item 8, numbers 49 through 52; second by Commissioner Harrison. Motion passed by a vote of eight ayes. Staff’s recommendation to waive the late-filing penalties is adopted for Agenda Item 8, numbers 49 through 52.

53. Sam Beecroft, Treasurer, South Texas Chapter Associated General Contractors (00015612)

54. Rogelio Martinez, Treasurer, Hidalgo County Republican Party (00038971)

55. Raymond M. Ramirez, Treasurer, Wilson County Democratic Steering Committee (00016820)

56. Maria A. Salas-Mendoza, Treasurer, Women’s Political Action Committee of El Paso (00055998)

57. Aaron E. Sonkin, Treasurer, Williamson County Democratic Party PAC (00016894)

58. Mike D. Wheat, Jr., Treasurer, Wichita Falls Police Officers Association PAC (00016463)

Motion by Commissioner Harrison to adopt staff’s recommendations on Agenda Item 8, numbers 53 through 58; second by Commissioner Madden. Motion passed by a vote of eight ayes. Staff’s recommendation to reduce one or more of the late-filing penalties is adopted for Agenda Item 8, numbers 53 through 58.

59. Billy Floyd Craft, Treasurer, Carrollton Fire Fighters for Responsible Government (00053132)

60. Victoria Hansen, Treasurer, National Association of Social Workers Texas Political Action for Candidate (00016291)

Carol Miller spoke before the commission on behalf of Victoria Hansen on Agenda Item 8, number 60.

61. Derrick Mitchell, Treasurer, ANSUN PAC (00051398)

62. Ted Melina Raab, Lobbyist (00037777)

63. Kelly S. Rodgers, Lobbyist (00029901)

64. Shane R. Sklar, Lobbyist (00053466)

65. Robert J. Tessen, Lobbyist (00039782)

66. Carlos A. Truan, Jr., Lobbyist (00035741)

67. Dick Waterfield, Lobbyist (00012149)

68. Virgil W. Yanta, Candidate, State Representative (00051831)

Motion by Commissioner Harrison to adopt staff’s recommendation not to waive the late-filing penalties for Agenda Item 8, numbers 59 through 68; second by Commissioner Madden. Motion passed by a vote of eight ayes. Staff’s recommendation not to waive the late-filing penalties is adopted on Agenda Item 8, numbers 59 through 68.

69. M. P. “Dexter” Eaves, Criminal District Attorney (00037772)

Dexter Eaves and Judy Bocknight spoke before the commission on Agenda Item 8, number 69. Motion by Commissioner Madden to reduce the $500 late-filing penalty to $100; second by Commissioner Harrison. Motion passed by a vote of eight ayes. Late-filing penalty reduced to $100 for Agenda Item 8, number 69.

72. Mike R. Wilson, Treasurer, Citizens For a Better Baytown (00052718)

Mike Wilson spoke before the commission on Agenda Item 8, number 72. Motion by Commissioner Harrison to reduce the $500 late-filing penalty to $100; second by Commissioner Madden. Motion passed by a vote of eight ayes. Late-filing penalty reduced to $100 for Agenda Item 8, number 72.

70. David R. Lee, Lobbyist (00056022)

David Lee spoke before the commission on Agenda Item 8, number 70. Motion by Commissioner Hernandez to reduce the $500 late-filing penalty to $400; second by Commissioner Harrison. Motion passed by a vote of eight ayes. Late-filing penalty reduced to $400 for Agenda Item 8, number 70.

Motion by Vice Chair Looney to reconsider the vote on Agenda Item 8, number 70; second by Commissioner Madden. Motion passed by a vote of eight ayes. Motion by Vice Chair Looney that if Mr. Lee amends his registration to switch to annual reporting (if he qualifies for annual reporting) within 30 days, the $400 late-filing penalty will be reduced to $100; second by Commissioner Madden. Motion passed by a vote of seven ayes. Commissioner Hernandez voted no. Late-filing penalty reduced to $100 if Mr. Lee amends registration to switch to annual reporting (if he qualifies for annual reporting) within 30 days.

71. Casetra L. McKinney, Candidate, State Representative (00054736)

Motion by Commissioner Harrison to adopt staff’s original recommendation considered by the commission on May 6, 2005, to reduce the $4,700 late-filing penalty to $500 on Agenda Item 8, number 71; second by Commissioner Hernandez. Motion passed by a vote of eight ayes. Staff recommendation to reduce the late-filing penalty to $500 is adopted for Agenda Item 8, number 71.

Agenda Item 9: 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. James C. Box, Treasurer, HREC INC. REAL-PAC (00056015)

2. Eric Craven, Lobbyist (00010233)

3. Gene Fisseler, Treasurer, Reliant Energy, Inc. Texas PAC

4. Amy Fitzgerald, Lobbyist (00043400)

5. Michael R. Hunsucker, Lobbyist (00053200)

6. Mario Martinez, Lobbyist (00013891)

7. Elizabeth Gray Mayes, Treasurer, Constructive Citizenship Program of Texas Instruments (00016058)

8. Merrill Lynch Pierce Fenner & Smith Inc., Lobbyist (00026937)

9. Mark Mobley, Treasurer, Taxpayers for Responsible and Ethical Government (00056682)

10. Barbara Oldenberg, Treasurer, Democratic Party of Collin County (00054753)

11. Jay W. Propes, Lobbyist (00014474)

12. Tara Reilly-Mica, Lobbyist (00034621)

13. Martha E. Smiley, Treasurer, Grande Communications PAC (00043587)

Motion by Commissioner Montagne to adopt staff’s recommendation on Agenda Item 9, numbers 1 through 13, that the original reports substantially complied with the applicable law; second by Commissioner Davenport. Motion passed by a vote of eight ayes. Staff’s recommendation is adopted on Agenda Item 9, numbers 1 through 13, that the original reports substantially complied with the applicable law.

14. David B. Gaultney, Court of Appeals Justice (00041065)

David Gaultney spoke before the commission on Agenda Item 9, number 14. Motion by Commissioner Hernandez to adopt staff’s recommendation to waive the late-filing penalties on Agenda Item 9, number 14; second by Commissioner Davenport. Motion passed by a vote of eight ayes. Staff’s recommendation to waive the late-filing penalties is adopted on Agenda Item 9, number 14.

15. Wendy Lee Gramm, Texas A&M University System Board of Regents (00050942)

Motion by Commissioner Harrison to adopt staff’s recommendation to waive the late-filing penalty on Agenda Item 9, number 15; second by Commissioner Madden. Motion passed by a vote of eight ayes. Staff’s recommendation to waive the late-filing penalty is adopted on Agenda Item 9, number 15.

16. Dria Floyd, Treasurer, Texas Employees PAC of TXU Corp. (00037289)

Motion by Commissioner Madden to adopt staff’s recommendation to waive the late-filing penalty for the report due January 5, 2005, and that the original report due February 7, 2005, substantially complied with the applicable law; second by Commissioner Harrison. Motion passed by a vote of eight ayes. Staff’s recommendation to waive the late-filing penalty for the report due January 5, 2005, and that the original report due February 7, 2005, substantially complied with the applicable law is adopted on Agenda Item 9, number 16.

17. John R. Hyink, Treasurer, Citizens for Wimberley (00055296)

Motion by Commissioner Madden to adopt staff’s recommendation to reduce the $1,000 late-filing penalty to $500; second by Commissioner Harrison. Commissioners Davenport and Montagne voted no. Motion passed by a vote of six ayes. Motion by Commissioner Montagne to reconsider the motion; second by Vice Chair Looney. Motion passed to reconsider the motion by a vote of five ayes. Chair Wayne, and Commissioners Hernandez and Madden voted no. Motion by Commissioner Montagne to reduce the late-filing penalty to $100 on Agenda Item 9, number 17; second by Vice Chair Looney. Motion passed by a vote of five ayes. Commissioners Davenport, Hernandez, and Madden voted no. Late-filing penalty reduced to $100 on Agenda Item 9, number 17.

18. N. West Short, Treasurer, Citizens for Georgetown (00041782)

Motion by Commissioner Hernandez to adopt staff’s recommendation to reduce the $500 late-filing penalty to $250; second by Commissioner Madden. Motion passed by a vote of seven ayes. Commissioner Davenport voted no. Staff’s recommendation to reduce the late-filing penalty to $250 is adopted on Agenda Item 9, number 18.

19. Arnold A. Grothues, Treasurer, RadioShack Government Action Fund (00016527)

Motion by Commissioner Madden to waive the late-filing penalty on Agenda Item 9, numbers 19 through 22. Motion dies for lack of a second. Motion by Vice Chair Looney to waive the $500 late-filing penalty on Agenda Item 9, number 19; second by Commissioner Hernandez. Motion passed by a vote of eight ayes. Late-filing penalty waived on Agenda item 9, number 19.

20. Norman Parrish, Treasurer, Texans for Tommy Williams (00051715)

Ed Shack, attorney, spoke before the commission on Agenda Item 9, number 20. Motion by Commissioner Harrison to waive the $500 late-filing penalty on Agenda Item 9, number 20; second by Commissioner Montagne. Motion passed by a vote of eight ayes. Late-filing penalty waived on Agenda Item 9, number 20.

21. David Reynolds, Treasurer, Texas Medical Association PAC (00015658)

David Reynolds and Paula Frey spoke before the commission on Agenda Item 9, number 21. Motion by Commissioner Harrison to adopt staff’s recommendation not to waive the $500 late-filing penalties for the reports due February 7, 2005, and April 7, 2005, for a total of $1,000, and to waive the late-filing penalties for the reports due December 6, 2004, January 5, 2005, March 7, 2005, and May 5, 2005; second by Vice Chair Looney. Motion passed by a vote of seven ayes. Commissioner Madden voted no. Staff’s recommendation not to waive the late-filing penalties for the reports due February 7, 2005, and April 7, 2005, and to waive the late-filing penalties for the reports due December 6, 2004, January 5, 2005, March, 7, 2005, and May 5, 2005, is adopted on Agenda Item 9, number 21.

22. Mike Santamaria, Treasurer, Build PAC of El Paso (00017350)

Motion by Commissioner Harrison to adopt staff’s recommendation not to waive the $500 late-filing penalty on Agenda Item 9, number 22; second by Commissioner Hernandez. Motion passed by a vote of six ayes. Vice Chair Looney and Commissioner Madden voted no. Staff’s recommendation not to waive the late-filing penalty is adopted on Agenda Item 9, number 22.

Commissioner Davenport requested that the Ethics Commission address its internal policy on court proceedings relating to the Ethics Commission and rule relating to issuance of advisory opinions at the next commission meeting.

Return to Agenda Item 8: Briefing, discussion, and possible action to waive certain penalties assessed for late filing of campaign finance reports, lobby reports, or personal financial statements.

21. Brian L. Padden, On-Site Waste Water Treatment Research Council (00055748)

Motion by Vice Chair Looney to reconsider Agenda Item 8, number 21; second by Commissioner Hernandez. Motion passed by a vote of eight ayes. Brian L. Padden spoke before the commission on Agenda Item 8, number 21. Motion by Commissioner Hernandez to waive the $500 late-filing penalty; second by Commissioner Madden. Motion passed by a vote of eight ayes. Late-filing penalty is waived for Agenda Item 8, number 21.

Agenda Item 10: AOR 521: Application of the contingent fee prohibition in section 305.022 of the Government Code.

David A. Reisman, Executive Director, briefed the commission on this agenda item. Jack Gullahorn, Professional Advocacy Association of Texas, spoke before the commission on this agenda item. Motion by Commissioner Madden to adopt staff’s recommendation; second by Vice Chair Looney. Motion passed by a vote of eight ayes. AOR 521 is adopted as Ethics Advisory Opinion No. 463.

Agenda Item 11: AOR 525: Whether a legislative advertising disclosure statement is required to be included on segments of radio broadcasts and on articles that are available on a website and that are included in an e-mail newsletter.

Natalia L. Ashley, General Counsel, briefed the commission on this agenda item. Jack Gullahorn, Professional Advocacy Association of Texas, spoke before the commission. Ed Shack, attorney, spoke before the commission. Motion by Commissioner Davenport to table the advisory opinion request until the next commission meeting; second by Commissioner Harrison. Motion passed by a vote of eight ayes. Commissioner Harrison requested staff provide the commissioners with a copy of a proposed FEC rule. Commissioner Madden requested a language change to add the word “opposing” in the last sentence of the advisory opinion summary where it mentions supporting legislation. AOR 525 is tabled until the next commission meeting.

Agenda Item 12: Public discussion and possible action on the adoption 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 13: Public discussion and possible action on the adoption 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, General Counsel, briefed the commission on Agenda Items 12 and 13. Motion by Commissioner Madden to adopt staff’s recommendation for final adoption of the rules with amendments to section 20.52(3) and (4) and section 20.61, subsections (b)(3) and (b)(4); second by Vice Chair Looney. Motion passed on the adoption of the rules as amended by a vote of eight ayes. Rules regarding the description of travel are adopted as amended.

Agenda Item 14: Public discussion and possible action on the adoption and publication in the Texas Register of two rules relating to the termination of a campaign treasurer appointment by the Ethics Commission in accordance with section 252.0131 of the Election Code.

Natalia L. Ashley, General Counsel, briefed the commission on this agenda item. Motion by Commissioner Hernandez to adopt staff’s recommendation for final adoption of the rules regarding the termination of a campaign treasurer appointment by the Ethics Commission; second by Commissioner Davenport. Motion passed by a vote of eight ayes. Rules regarding the termination of a campaign treasurer appointment by the Ethics Commission are adopted.

Agenda Item 15: Public discussion and possible action regarding a petition for rulemaking regarding reports filed pursuant to section 257.003 of the Election Code, by a political party that accepts political contributions from corporations.

Natalia L. Ashley, General Counsel, briefed the commission on this agenda item. Motion by Commissioner Madden to publish the rule for public comment in the Texas Register; second by Commissioner Harrison. Motion passed by a vote of eight ayes. Rule to be published in the Texas Register for public comment.

Agenda Item 16: Adjourn.

Motion by Commissioner Hernandez to adjourn; second by Commissioner Montagne. Motion passed by a vote of eight ayes.

Chair Wayne announced that the next commission meeting is tentatively scheduled for September 8 and 9, 2005.