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100 special meeting april 9, 1980 page two Mr. Cavazos made a motion to change Article II as follows: Article II, Financial Disclosure, Section 2. Financial Disclosure, Statement required, Paragraph C-delete. Retain subparagraphs 1 through 4 under subparagraph B. Reletter subparagraph D to C. Article II, Financial Disclosure, Section 3. Information Required on Statement-Amend paragraph B, sub- paragraph as follows: (1) "Category I: At least two thousand dollars ($2,000.00) but less than twenty five thousand dollars ($25,000.00)". Delete subparagraph (2). Renumber subparagraphs (3) to (2) and (4) to (3). Mr. Tenorio seconded the motion. On roll call, the following vote was I recorded: AYE: Breihan, Cavazos, Stokes, Sutton, Tenorio NAY: Hansen, James Mr. Breihan made a motion to amend Article II as follows: Article II, Section 4-Delete present wording to read as follows: Section 4. Retention of Statement and Inspection. A. All disclosure statements shall be held in strict confidence, and under lock and key, by the City Secretary, except as here-in-after provided. Any citizen of San Marcos has the right to examine any disclosure statement; however, no copies shall be made of any part of any statement, and no publication shall beallowed. B. Exam- ination of any individual file shall be allowed upon the execution by the complaintant of a sworn statement that gives reasonable details of why he or she "believes" a certain employee or officer has a conflict of interest. Employee or office shall be furnished a copy of said affidavit. (Swearing to a "belief" is not libelous). C. Examination of any file shall be allowed provided the following rules are strictly followed: 1. If suspected person is an employee of the city (other than those listed in (2) below) the city manager and at least one member of the ethics commission must be present during any examination. 2. If the suspected person is the city manager, or a council member, city attorney or city secretary, either the mayor or mayor pro-tern, and at least one member of the ethil commission must be present during the examination. 3. If the suspect person is anyone else covered by this ordinance, the city secretary an at least one member of the ethics commission shall be present during t examination. Mr.Stokes seconded the motion. On roll call, the following vote was recorded: AYE: Breihan, Cavazos, Stokes, Sutton, Tenorio NAY: Hansen, James Mr. Stokes made a motion to change Article III as follows: Article III, Section 4-delete. Add a new Section 4 to read as follows: Section 4. The Commission may act to suspend or modify any of the requirements of Article II of this chapter in a particular case if it finds that literal applicatio of the chapter would work a manifestly unreasonable hardship and if it also finds that such suspension or modification would not frustrate the purposes of this chapter. Any such suspension or modification shall be only to the extent necessary to substantially relieve the hardship. The commission shall act to suspend or modify any requirements of Article II only if it determines that facts exist that are clear and convincing proof of the findings required hereunder. Mr. Tenorio seconded the motion. On roll call, the following vote was recorded: AYE: Breihan, Cavazos, Stokes, Sutton, TenOl'O NAY: Hansen, James On the original motion to adopt the Ordinance, the following vote was recorded: AYE: Breihan, Cavazos, Stokes, Sutton, Tenorio NAY: Hansen, James The meeting adjourned at 8:40 p.m. on motion of Mr. Tenorio and second of Mr. Stokes.