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208. <br />Regular Meeting <br />AYE: <br /> <br />NAY: None. <br />ABSTAIN: <br /> <br /> February 9~ 2004 <br />Narvaiz, Thomaides, Mihalkanin, Montoya and Diaz. <br /> <br />Habingreither and Taylor. <br /> <br />Page 6 <br /> <br />On roll call for approval of the Ordinance on first reading, the following <br />vote was recorded: <br /> <br />Narvaiz, Thomaides, Mihalkanin, Montoya and Diaz. <br /> <br />AYE: <br /> <br />NAY: None. <br /> <br />ABSTAIN: Habingreither and Taylor. <br /> <br />Mayor Pro-Tem Montoya introduced for consideration adoption of an <br />Ordinance on emergency, the caption which was read as follows: <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, <br />AMENDING CHAPTER 2, ARTICLE 5 OF THE CITY CODE TO PROVIDE FOR <br />RESTRICTIONS ON COMMUNICATIONS WITH THE ETHICS REVIEW COMMISSION BY <br />PERSONS INVOLVED IN COMPLAINTS; INCLUDING PROCEDURAL PROVISIONS; <br />PROVIDING FOR PENALTIES; AND DECLARING AN EMERGENCY. <br /> <br />Mr. Mihalkanin moved for adoption of.the Ordinance on emergency and Ms. <br />Narvaiz seconded the motion. Mr. Mihalkanin moved to amend the changes <br />made by this Ordinance do not apply to any complaint pending before the <br /> <br />Ethics Review Commission as of the effective date, and Ms. Narvaiz <br />seconded the motion. Mr. Thomaides inquired if this amendment and the main <br />motion passed, then communication can or cannot occur. Mr. Mark Taylor <br />stated this amendment will not affect the complaints which are currently <br />filed. Mr. Thomaides stated he feels with the resignation of several <br />Ethics Review Commission members this Ordinance be in effect for the <br />current complaints already filed. Mr. Diaz asked what effect this <br />amendment would have. Mr. Mark Taylor stated this amendment would not <br />affect the current complaints filed. He also stated without this <br />amendment the communications on the current complaints filed would be <br />affected. Ms. Narvaiz stated she is concern with citizens seeing the <br />Council allowing the abuse to occur, without doing anything to prevent the <br />abuse. Mr. Montoya stated he feels this Ordinance needs to be in effect <br />now. On roll.call of Mr. Mihalkanin's amendment, the following vote was <br />recorded: <br /> <br />AYE: Mihalkanin. <br /> <br />NAY: <br /> <br />Narvaiz~ Thomaides, Montoya and Diaz. <br /> <br />ABSTAIN: Habingreither and Taylor. <br /> <br />The motion failed. On roll call for adoption of the Ordinance, the <br />following vote was recorded: <br /> <br /> <br />