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[00:09:02]

THAT THERE JUST TO THROW MARCUS OFF AND SEE WHAT HE DOES. A MEETING OF THE LOUISVILLE

[00:09:22]

METRO COUNCIL COMMITTEE ON COMMITTEES TODAY IS TUESDAY, AUGUST 6TH, 2024. THE TIME IS CURRENTLY 4:00 PM. THIS MEETING IS BEING HELD PURSUANT TO KRS 61.826 AND COUNCIL RULE FIVE A.

OUR METRO COUNCIL PRESIDENT, MARCUS WINKLER, AND JOINED BY COUNCILMAN KRAMER AND CHAMBERS, COUNCILMAN HAWKINS COUNCILWOMAN MCCRANIE ONLINE, AND COUNCILMAN READ ONLINE. GOOD AFTERNOON EVERYBODY, OUR FIRST ITEM OF BUSINESS IS NEW BUSINESS. THE FOLLOWING LEGISLATION WILL BE ASSIGNED TO COMMITTEE. ITEM ONE WILL BE ASSIGNED TO THE BUDGET COMMITTEE. ITEM TWO WILL BE ASSIGNED TO THE EQUITY, COMMUNITY AFFAIRS, HOUSING,

[00:10:01]

HEALTH AND EDUCATION COMMITTEE. ITEMS THREE THROUGH EIGHT WILL BE ASSIGNED TO GOVERNMENT OVERSIGHT, AUDIT AND APPOINTMENTS COMMITTEE. ITEMS NINE THROUGH 11 WILL BE ASSIGNED TO LABOR AND ECONOMIC DEVELOPMENT AND APPROPRIATIONS COMMITTEE. ITEM 12 WILL BE ASSIGNED TO PARKS AND SUSTAINABILITY COMMITTEE AND ITEMS 13 THROUGH 20 WILL BE ASSIGNED TO THE PLANNING ZONING COMMITTEE. COLLEAGUES, DO YOU HAVE ANY QUESTIONS OR CONCERNS WITH THESE ASSIGNMENTS? HEARING NONE. THE FINAL ITEM OF BUSINESS IS PENDING LEGISLATION, MADAM CLERK, A READING OF ITEM 21, PLEASE. YES, SIR, A RESOLUTION APPROVING THE APPROPRIATION TO FUND AN ANNUAL CONTRACT WITH ENTRANCE INC. FOR WORKPLACE INVESTIGATION SERVICES NOT TO EXCEED $20,000. READ IN FULL. I HAVE A MOTION. AND SECOND, FOR APPROVAL. MOTION TO APPROVE.

MOTION. MOTION BY COUNCILMAN KRAMER. SECOND BY COUNCILMAN REED, IS THERE ANY DISCUSSION.

ALL COLLEAGUES, I'LL START OFF WITH SOME COMMENTS. AND THEN I BELIEVE WE'VE GOT A COUPLE FOLKS ONLINE AS WELL TO POTENTIALLY ANSWER ANY QUESTIONS. BUT IF YOU MAY RECALL, SEVERAL YEARS AGO, WE, CONTRACTED WITH OUR OWN VENDOR, TO DO ANY SORT OF SEXUAL HARASSMENT, INVESTIGATIONS THAT, GET CAUGHT THAT EMPLOYEES HAVE, WE HAD A VENDOR, THAT THEY, WE NEVER USED THEM IN THE 3 OR 4 YEARS THAT WE HAD THE CONTRACT WITH THEM, YOU KNOW, BASICALLY THE PREVIOUS CONTRACT, WE ONLY PAID, IF WE USED THEM, WE NEVER USE THEM, THEY EVENTUALLY DECIDED THAT IT WASN'T WORTH, MAINTAINING THAT CONTRACT WITH US BECAUSE SINCE WE WEREN'T USING IT, IT REALLY WAS JUST COSTING THEM MONEY TO MAINTAIN, SO INTERNAL AUDIT WENT OUT, DID AN RFQ, TRIED TO FIND A NEW VENDOR. I BELIEVE, ANDREW, IT'S ANDREW ON. C ANDREW. YES. I'M HERE. ANDREW, SO, ANDREW, I BELIEVE YOU COMPLETED THE RFP, YOU SELECTED INTRONS, AFTER A BRIEF, AND THEY'VE GOT A BRIEF POWERPOINT PRESENTATION, TO GO OVER TODAY. YES. OKAY, SO WE'RE JOINED BY, PATRICIA MUSAFIRI.

AND CORRECT ME IF I'M MISSTATE THAT, WHO'S THE FOUNDER AND PRESIDENT, AND THEN AUDREY WATHEN, WHO'S THE VICE PRESIDENT. SO I WILL TURN IT OVER TO YOU ALL FOR A BRIEF PRESENTATION. ALL RIGHT. DO WE HAVE SLIDES UP? YOU'LL NEED TO SHARE THOSE FROM YOUR COMPUTER.

SO DO YOU WANT TO READ FOR. NO NO, NO. ONE MOMENT, MR. PRESIDENT. WE'RE GOING TO SET IT UP AND LET ANDREW RUN IT. ONE SECOND. THANK YOU. YEAH. THAT'S FINE. I'M JUST GOING TO CALL POLICE. YEAH. I'VE GOT IT UP. IF, YOU WANT ME TO SHARE? SURE. THAT'D BE FINE.

OKAY. CAN EVERYBODY SEE MY SCREEN? WE COULD. SLOWLY PULLING. THERE WE GO. WE CAN SEE IT. ALL RIGHT. THANK YOU, EVERYBODY, FOR GIVING US A FEW MINUTES OF YOUR TIME TODAY.

AUDREY, I'LL LET YOU TAKE IT AWAY. OKAY, WE HAVE A BRIEF. THIS IS A VERY BRIEF PRESENTATION. WE WANTED TO GIVE YOU A VERY HIGH LEVEL, OVERVIEW OF IN TRENDS AND OUR UNDERSTANDING OF THE PROJECT. THAT WE WOULD BE WORKING ON, YOU'LL SEE ON THIS SLIDE THREE, AREAS OF EXPERTISE AND FOCUS THAT IN TRENDS. HAS BEEN WORKING ON, CORPORATE FINANCE. PEOPLE STRATEGIES AND LANGUAGE SERVICES. THIS IS A COMPANY THAT HAS BEEN IN BUSINESS FOR 13 YEARS NOW, AND HAS CONSULTANTS, IN ALL THREE OF THESE FOCUS AREAS, CONSULTANTS WHO COME FROM BUSINESS, FROM THE INSIDE OF COMPANIES AND ORGANIZATIONS. SO WHO HAVE WORKED ON SOME OF THE THINGS, INCLUDING THE PROJECT, THAT WE WILL BE WORKING ON WITH LOUISVILLE METRO. NEXT SLIDE, PLEASE. I WANTED TO JUST ADD A QUICK SLIDE ON OUR CORE VALUES, AND WE KNOW THAT IN MANY WAYS THESE OVERLAP WITH SOME OF THE WORK THAT YOU'RE DOING, YOUR WEBSITE SHOWS VALUES AROUND HONESTY AND INTEGRITY AND LEADERSHIP AND TEAMWORK, FOR EXAMPLE. AND THOSE ARE SOME OF THE THINGS THAT, OVERLAP WITH HOW WE WORK. SO THESE EIGHT VALUES THAT, IN TRENDS USES

[00:15:03]

GUIDES OUR WORK IN EVERY PROJECT THAT WE ARE WORKING WITH, AND FOCUSING ON RESULTS IN THE SAME WAY THAT YOU FOCUS ON RESULTS. NEXT SLIDE. WANTED TO, JUST SEND BACK TO YOU OUR UNDERSTANDING OF THE PROCESS FLOW FOR EMPLOYEE INVESTIGATIONS, WITHOUT GOING THROUGH THIS IN A LOT OF DETAIL, WE WANTED TO SHOW YOU A SNAPSHOT OF THE THINGS THAT WE, THE PATHWAY THAT WE THINK, WILL GET US TO STRONG OUTPUTS, AND STRONG RECOMMENDATIONS FROM THE THREE, CHANNELS THAT WE TALK ABOUT HERE FROM EITHER SUPERVISOR LEVEL OR A DEDICATED ENTRANCE EMAIL OR THINGS THAT COME THROUGH THE TIP LINE, THOSE WOULD EVENTUALLY FLOW THROUGH TO US. BE ASSIGNED TO US AS APPROPRIATE, AND THEN WE WOULD PROVIDE WE WOULD DO A FULL INVESTIGATION AND THEN PROVIDE SOME RECOMMENDATIONS BACK TO YOU, I'D LIKE TO TURN THIS OVER TO DIANE MCDANIEL, WHO WOULD BE THE CHIEF INVESTIGATOR ON THIS PROJECT, TO TALK ABOUT HER BACKGROUND AND HER ABILITY TO GUIDE US THROUGH THIS PROJECT. DIANE THANK YOU. AUDREY, GOOD AFTERNOON, EVERYBODY. GLAD TO BE, IN THIS MEETING AND ALSO A PART OF THIS PROJECT, YOU PROBABLY HAVE JUST A HIGH LEVEL OVERVIEW OF DIANE, OF MYSELF AND, OF MY CAREER BACKGROUND, BUT BASICALLY, I HAVE BEEN A LEAD PERSON AND ADMINISTRATOR, IN THREE SECTORS IN BUSINESS WITH AT&T, AND THAT WAS OVER 36 YEARS. SO IN THAT PARTICULAR ENVIRONMENT WORKED WITH BOTH MANAGEMENT AND NON-MANAGEMENT ON HANDLING A PART OF ALL OF MY RESPONSIBILITIES THERE, INTERNAL AND EXTERNAL COMPLAINTS.

EMPLOYEE GENERATED. AND ALSO LOOKING AT COMPLAINTS THAT, RESULTED WERE CREATED EXTERNALLY AND CAME INTO AT&T. AND THAT WAS FOR INDIANA AND ALSO FOR A PORTION OF OHIO, AFTER THAT MOVE INTO HIGHER EDUCATION, WHERE I WORKED FOR INDIANA WESLEYAN UNIVERSITY AS THEIR DIRECTOR OF FACULTY RECRUITMENT AND THEN HEADED UP HR, FOR THE UNIVERSITY AND THE FINAL LEG WAS AS THE VICE PRESIDENT, CHIEF DIVERSITY, EQUITY AND INCLUSION OFFICER. I TRANSITIONED OUT OF HIGHER EDUCATION IN THE HEALTH CARE DURING COVID, AND THAT WAS NOVEMBER OF 2020, AND I LED THE DEVELOPMENT OF THE DIVERSITY STRATEGY PLAN FOR COMMUNITY HEALTH NETWORK IN INDIANAPOLIS, INDIANA, FOR THREE YEARS AND BASICALLY RETIRED LAST AUGUST. AND SINCE THAT TIME HAVE BASICALLY BEEN DOING SOME CONSULTING WORK. SO THE MAJORITY OF MY BACKGROUND, IT'S VARIED, WORKING WITH THREE, NONPROFIT SECTORS, AND ALSO WORKING AND HANDLING INTERNAL AND EXTERNAL INVESTIGATION. SO LOOK, BASICALLY LOOKING FORWARD TO PARTNERING WITH YOU ON THIS EFFORT. SO WITH THAT I'M GOING TO ASK TURN IT OVER TO YOU AND ASK YOU TO ASK ME WHATEVER QUESTIONS, WHATEVER CONCERNS THAT YOU MIGHT HAVE. THANK YOU, MISS MCDANIEL. AND SO, COLLEAGUES, ONE OF THE THINGS THAT I NEED TO CALL OUT ABOUT THIS CONTRACT. SO AS I MENTIONED, OUR PREVIOUS, AGREEMENT WITH THE PREVIOUS VENDOR, WE ONLY PAID WHEN WE USED IN ORDER TO FIND SOMEBODY THAT WAS WILLING TO TAKE ON THIS ROLE. THERE IS SOME COST TO METRO AT $750 A QUARTER, THAT WE BASICALLY HAVE TO PAY AS A RETAINER TO HAVE AN ENTITY DO THIS. AGAIN, AS A REMINDER, I, I BELIEVE WE HAVE I CANNOT REMEMBER IF IT'S OUR RULE OR OUR ORDINANCE THAT WE PASSED SEVERAL, SEVERAL YEARS AGO, AT LEAST MORE THAN SIX YEARS AGO, THAT REQUIRES THAT WE HAVE AN INDEPENDENT, AGENCY THAT WOULD HANDLE, YOU KNOW, AS YOU SAW FROM THE FROM THE FLOW CHART, IF A COMPLAINT GETS CALLED IN TO THE ETHICS LINE, IF IT'S RAISED TO A SUPERVISOR, YOU KNOW, THEN FOR THINGS ON, ON THE LEGISLATIVE BRANCH, SIDE OF THE STREET, THAT'S WHEN INTERNS WOULD COME IN AND DO THE INVESTIGATION. SO ANY QUESTIONS ABOUT THE LEGISLATION, THE PROCESS, OR, WHAT, MISS MCDANIEL, MISS WALTON OR MISS MISS COVERED? OKAY, I HAVE A QUESTION. YES. MARK GO AHEAD, COUNCILWOMAN HAWKINS. OKAY, SO

[00:20:02]

IS THIS, INTERNAL OR JUST OVERALL, THE ENTIRE. THIS IS JUST FOR METRO COUNCIL. SO THERE'S AN INVESTIGATION PROCESS WITHIN THE EXECUTIVE BRANCH. I SOME OF THIS PREDATES ME BEING ON COUNCIL. MAYBE COUNCILMAN KRAMER CAN SPEAK TO THIS OR COUNCILMAN REED, BUT I BELIEVE WHEN THERE WAS AN INCIDENT IN THE PAST, IT WAS DECIDED THAT THAT INVESTIGATION RATHER THAN HAVING IT BE DONE WITHIN THE EXECUTIVE BRANCH, THAT WE WOULD PREFER TO HAVE AN INDEPENDENT AGENCY, THAT DOES AN INVESTIGATION. IF THERE'S IF THERE IS A SEXUAL HARASSMENT COMPLAINT FROM AN EMPLOYEE WITHIN METRO COUNCIL. SO THIS ONLY RELATES TO THE EMPLOYEES OF COUNCIL. OKAY. SO WITH THAT BEING SAID, SO WHAT IF, WHAT IF THERE IS EVER AN ISSUE, HOPEFULLY THERE'S NEVER NONE, IT SEEMS AS IF, YOU KNOW, THEY HAVE A PRETTY GOOD BACKGROUND, BUT WHAT WHAT IS IT? IS THERE ANYTHING ALREADY IN PLACE THAT, IF THERE IS SOMEWHAT OF A CONFLICT OF INTEREST, LET'S SAY THAT SOMEONE BEING INVESTIGATED DID OR, SOMEONE, THE PERSON THAT'S BEING INVESTIGATED OR THE PERSON THAT IS ALLEGEDLY BEING ACCUSED, JUST WHATEVER THE CASE MAY BE, IF THERE'S SOME TYPE OF, CONFLICT OF INTEREST, THEN WHAT? DO YOU GUYS HAVE SOMETHING IN PLACE? CONFLICT OF INTEREST WITH INTRONS AND THE COUNCIL MEMBER. YEAH, EITHER OR. YOU KNOW, LIKE THIS IS A SMALL CITY, YOU KNOW WHAT I'M SAYING? LIKE SOME SOMEBODY ALWAYS KNOW SOMEBODY.

SO I'M ASKING, DO THEY HAVE ANYTHING IN PLACE FOR THAT? I GUESS I'LL TURN THAT OVER, YEAH.

MISS MCDANIEL TO YOU. SO IF, IF, LET'S SAY YOU HAD A RELATIONSHIP WITH THE COUNCIL MEMBER, YOU KNOW, THAT YOU WERE RELATED TO THEM, YOU KNEW THEM, WHATEVER. AND THE COMPLAINT GOT CALLED IN, WOULD IT BE ASSIGNED TO A DIFFERENT INVESTIGATOR OR HOW WOULD THAT WORK? WELL, I, I CAN ANSWER THAT. AND PATRICIA AND AUDREY, PLEASE JUMP RIGHT IN. BUT LET'S JUST SAY IF A COMPLAINT CAME IN AND IT WAS ROUTED TO ME, WENT THROUGH THE PROPER CHANNELS, SCREENING, AND IT WAS ROUTED TO ME, AND I WOULD SEE THAT IT'S SOMEBODY THAT I KNEW OR HAD A PAST RELATIONSHIP WITH. I WOULD HAVE TO RECUSE MYSELF FROM THAT. AND BASICALLY, TALK WITH, GET IN CONTACT WITH AUDREY AND ALSO WITH PATRICIA. AND I'M SURE THE WAY THE ORGANIZATION IS SET UP, THERE WOULD BE ANOTHER PERSON APPOINTED TO HANDLE THAT PARTICULAR COMPLAINT. SO YES, THAT'S SOMETHING THAT WE WOULD DEFINITELY BE RIGHT ON. AND THAT'S THAT'S JUST A NORMAL WAY IN PRACTICE OF EXCELLENCE WITH DOING WORK, NOT TO PARTICIPATE IN SOMETHING THAT I'M REALLY AWARE OF AND MIGHT HAVE TIES TO. OKAY. SO LET'S SAY WHO MAKES THAT, FINAL DECISION? WHO WHO MAKES THAT BOTTOM LINE DECISION ON IF THE ACCUSATION IS, IS IT DONE COLLECTIVELY OR IS IT, YOU KNOW, HAS THAT DONE SO THEY'RE JUST DOING AN INVESTIGATION. SO THEY DON'T MAKE A DECISION.

OKAY. AND THEN THEY WOULD BRING THOSE FACTS TO THE COUNCIL. OKAY ANY OTHER. SO THEY AND JUST TO CLARIFY, THEY DON'T HAVE ANY REGULATORY AUTHORITY, THE PURELY INVESTIGATIVE AUTHORITY. RIGHT.

SO BECAUSE SOMEBODY IF A COMPLAINT GETS CALLED IN, SOMEBODY HAS TO INVESTIGATE IT.

AND THIS IS THE ENTITY THAT WE'RE CONTRACTING WITH TO DO THAT INVESTIGATION. OKAY ANY OTHER QUESTIONS, MR. PRESIDENT? YES, COUNCILOR KRAMER, WE HAVE BEEN IN IN EXISTENCE SINCE 2003, ONE TIME WE'VE FELT LIKE THIS WAS NECESSARY. I APPRECIATE THAT DURING THAT STRETCH WHEN ALL THIS WAS UNFOLDING, WE WANTED AN OUTSIDE INVESTIGATOR. AND THAT MADE PERFECT GOOD SENSE. IT STILL MAKES PERFECT GOOD SENSE. THERE IS A AN ARRANGEMENT WITH THE COUNTY ATTORNEY'S OFFICE WHERE WHEN SOMETHING IS SOMETHING THEY CAN'T DO, THEY HELP US FIND OUTSIDE COUNSEL, WHICH IS WHAT HAPPENED, AND THEN WE KEPT THAT OUTSIDE COUNSEL JUST KIND OF WE JUST WANTED TO MAKE SURE THAT IF WE NEEDED THEM, WE COULD REACH BACK OUT. BUT THERE WAS NO EXPENSE ASSOCIATED WITH THAT, YOU'RE TALKING ABOUT. I KNOW IT'S JUST, YOU KNOW, SOME PEOPLE'S MANDATES, A MINIMAL AMOUNT, BUT IT'S $3,000 A YEAR. I MEAN, IF YOU LOOK AT THE ENTIRE, YOU KNOW, LENGTH OF TIME THAT WE'VE BEEN IN EXISTENCE AND THE NUMBER OF TIMES THAT WE'VE HAD TO DO THIS, IT DOESN'T SEEM LIKE IT'S THAT TERRIBLY EXPENSIVE. WHEN YOU NEED TO FIND A LAW FIRM TO GO FIND A LAW FIRM. SO, I MEAN, I JUST WONDER HOW MANY YEARS OF PAYMENTS WOULD WE BE MAKING TO

[00:25:04]

KEEP THEM ON RETAINER BEFORE WE EVER USE THEM? AND THEN HOW MUCH WOULD IT HAVE COST US TO JUST GO OUT AND FIND SOMEBODY TO DO THAT IN THE MOMENT, WHICH IS WHAT WE DID? I MEAN, WE WENT OUT AND FOUND AN AGENT, YOU KNOW, SOMEONE TO DO THE INVESTIGATION. IT'S NOT LIKE AND I MEAN, NO DISRESPECT TO ENTRANCE. I DON'T KNOW ANYTHING ABOUT THEIR ORGANIZATION. SO PLEASE DON'T DON'T TAKE THIS AS, YOU KNOW, A COMMENT ABOUT WHO YOU ARE OR WHAT YOU DO, BUT IT'S NOT IT'S NOT LIKE IT'S IMPOSSIBLE TO FIND SOMEBODY TO DO WHAT WE NEED THEM TO DO. AND EVEN IF THERE'S AN EXPENSE, YOU HAVE TO ASK YOURSELF THE QUESTION, HOW MUCH IS EXPENSE? IS IT IN THE MOMENT WHEN WE NEED IT VERSUS, YOU KNOW, HOW MUCH IS THIS GOING TO COST US OVER TIME? AND WHAT'S THE LIKELIHOOD THAT THAT WILL BE THERE? AND I MEAN, WE HAVE THIS CONVERSATION ALL DAY LONG, RIGHT? I MEAN, DO YOU WANT TO PAY FOR A FIRE DEPARTMENT OR DON'T YOU? WHEN YOUR HOUSE CATCHES ON FIRE, YOU WISH YOU WOULD HAVE, BUT I'M NOT SURE THIS COMPARES IN THE SAME WAY, BECAUSE WHEN YOUR HOUSE CATCHES ON FIRE, YOU DON'T HAVE TIME TO GO FIND SOMEONE ELSE, WE HAVE A COUNTY ATTORNEY'S OFFICE, WHO HAS A WORKING KNOWLEDGE OF LOTS AND LOTS OF ORGANIZATIONS THAT WOULD BE ABLE TO IN A MOMENT'S NOTICE, STEP IN AND DO THIS KIND OF INVESTIGATION. AND IT WOULD PROBABLY BE MORE EXPENSIVE AT THAT POINT TO HAVE THEM DO IT. BUT I'M NOT SURE IT WOULD BE MORE EXPENSIVE THAN THE COLLECTIVE AMOUNT WE'RE GOING TO PAY TO HOLD SOMEONE ON RETAINER.

IT'S JUST I'M THROWING THAT OUT THERE JUST AS A PIECE OF CONVERSATION. YEAH. COUNCILMAN, I THINK YOU MAKE A GREAT POINT. IT'S ACTUALLY ONE THAT I HAD RAISED WITH, JACKIE LEWIS, WHOSE OFFICE WAS RESPONSIBLE FOR, LEADING THIS. I THINK. AND MAYBE ANDREW CAN SPEAK TO THIS, I THINK. AND I DON'T REMEMBER THE EXACT DATES EITHER. THE WAY THAT WE HAVE WRITTEN THE RULE RIGHT NOW REQUIRES THAT THEY'RE ALREADY ON RETAINER. OR THE WAY BASICALLY, THE TIMING OF THE RFP DID NOT FACILITATE THAT. BUT I THINK THAT IS ABSOLUTELY THE STRATEGY WE SHOULD LOOK FOR, GOING FORWARD. AND I'LL JUST ADD IN, IN THE ETHICS TIP LINE ORDINANCE REQUIRES INTERNAL AUDIT TO ADMINISTER THIS CONTRACT. SO WE'RE REQUIRED TO HAVE A THIRD PARTY ON CONTRACT.

SHOULD THERE BE A NEED FOR INVESTIGATIONS. SO THAT'S ONE THING THAT WOULD NEED TO BE AMENDED IF ANY CHANGE WAS TO BE MADE. AND THEN ALSO THERE WAS A RESOLUTION IN 2017, REGARDING COUNSEL'S HARASSMENT POLICIES AND PROCEDURES AND THAT THOSE POLICIES AND PROCEDURES SPEAK TO THE THIRD PARTY INVESTIGATOR, INVESTIGATOR AND KIND OF THE PROCESS, OF THE INVESTIGATIONS.

SO YOU JUST INTRODUCED COULD YOU JUST I'M SORRY, COULD YOU JUST IDENTIFY YOURSELF FOR THE RECORD, PLEASE? SURE. I'M DAVID. ANDREW. GOOD ASSISTANT DIRECTOR OF THE OFFICE OF INTERNAL AUDIT.

SO DAVID, YOU JUST INTRODUCED TWO DIFFERENT THINGS THOUGH, RIGHT? IN 2017, THE COUNCIL TALKED ABOUT AND A SPECIAL INVESTIGATOR FOR WHAT WAS GOING ON AT THE COUNCIL AT THE TIME.

THAT'S A VERY DIFFERENT THING THAN THE INTERNAL AUDIT. WHO DOESN'T. THEY THEY DO HAVE SOME AMOUNT OF AUDIT AUTHORITY OVER METRO COUNCIL. BUT THE INTERNAL AUDIT IS NOT FOR US. IT'S THAT'S THE ENTIRE METRO. IT'S NOT EXCLUSIVELY FOR US. THAT'S THE ENTIRE METRO GOVERNMENT. AND SO IF THERE'S A CONTRACT OBLIGATION THERE, THAT'S A DIFFERENT PIECE OF THE ORDINANCE THAT WE WOULD BE TALKING ABOUT. AND AGAIN, I WOULD ASK HOW DID WE GET THEN FROM THE TIME WE WROTE THE ORDINANCE ABOUT INTERNAL AUDIT TILL TODAY, HOW DID WE EVER HOW DO WE GET THIS FAR IN. AND THIS IS THE FIRST TIME WE'VE EVER HAD TO TALK ABOUT PAYING A COMPANY ON RETAINER THAT MAY OR MAY NOT EVER PROVIDE THIS SERVICE, OKAY? BECAUSE THE PREVIOUS COMPANY WAS WILLING TO DO IT FOR FREE UNTIL THEY NO LONGER WANTED TO DO IT FOR FREE. I UNDERSTOOD THAT, BUT I ALSO UNDERSTOOD IS IT OKAY IF I SPEAK, MR. PRESIDENT? YES, OKAY, I UNDERSTOOD THAT, BUT I ALSO UNDERSTOOD THAT THAT THIS WAS A CONTRACT TO DEAL WITH SEXUAL HARASSMENT JUST AT THE METRO COUNCIL LEVEL, WHICH I THINK, AGAIN, DAVID IS RIGHT. I THINK IT WAS. AND I'M NOT GOING TO QUOTE DATE. I'M GOING TO TAKE YOUR WORD FOR IT, I THINK THAT WAS AROUND 2017. THAT'S A VERY DIFFERENT CONVERSATION THAN THE INTERNAL AUDIT. THOSE ARE NOT THE SAME AT ALL. I MEAN, INTERNAL AUDIT DOES SOME INVESTIGATING, BUT THEY INVESTIGATE ALL KINDS OF THINGS. AND THERE WAS EVEN SOME QUESTION IN 2017 AS TO INTERNAL AUDITS, ROLE IN INVESTIGATING A SITTING COUNCIL MEMBER WHO WAS BEING ACCUSED OF SEXUAL HARASSMENT AND THAT'S THAT'S LARGELY WHERE THIS DISCUSSION OF AN OF AN EXTERNAL ENTITY INVESTIGATING US CAME FROM. SO I HEAR WHAT YOU'RE SAYING. MR. MR. PRESIDENT, MY QUESTION ISN'T SO MUCH DIRECTED TOWARDS THE IT WAS ORIGINALLY DIRECTED TOWARD THE COUNCIL PIECE, BUT NOW IT'S BROADENED OUT. SO WERE WE IN A CONTRACT WITH AN OUTSIDE FIRM PRIOR TO 2017 WHO WAS NOT CHARGING US? IT SOUNDED TO ME LIKE THIS IS THE FIRM THAT WE IT SOUNDS TO ME LIKE THE FIRM WE LOOKED TO IN 2017 WHO PROVIDED THAT SERVICE, HAS SINCE DECIDED THAT SINCE

[00:30:07]

THEY'RE NOT GETTING PAID, THEY DON'T WANT TO BE ON RETAINER ANYMORE. WHERE IS THAT? THE SAME FIRM THAT WAS ON RETAINER BEFORE AND WE NEVER PAID THEM BEFORE BECAUSE I DON'T THINK THAT'S TRUE. BUT IT COULD BE TRUE BECAUSE I DON'T HAVE A WORKING KNOWLEDGE. SO I'LL JUST CHIME IN HERE, BEFORE 2017, I DON'T HAVE ANY KNOWLEDGE OF ANY TYPE OF INVESTIGATIVE CONTRACT BEING IN PLACE, IT ALL STEMMED FROM THE INCIDENT IN 2017. SO FROM 2017 UNTIL THE END OF 2023, YOU HAD THE SAME VENDOR ON CONTRACT THAT WOULD BE RESPONSIBLE FOR THE INVESTIGATIONS THAT VENDOR DID NOT WANT TO CONTINUE TO BE ON CONTRACT. THEY WEREN'T GETTING PAID. I BELIEVE THEY WERE PAYING MORE IN, INSURANCE, JUST TO MEET METRO'S INSURANCE REQUIREMENTS. SO THEY DROPPED OUT. SO THAT SAME SAME INVESTIGATOR HAD BEEN IN PLACE, YOU KNOW, SINCE 2017. THANK YOU. THAT WAS MY UNDERSTANDING. SO MY THE REASON FOR MY LINE OF QUESTIONING IS IF THAT'S WHAT WE'RE TALKING ABOUT, WE'RE THE ONES WHO CHANGE THE RULE. RIGHT. AND SAID WE HAVE TO HAVE THEM. WE CAN CHANGE THAT RULE JUST AS EASILY AND SAY WE WILL HIRE A FIRM SHOULD WE NEED ONE VERSUS US. TAKE ON A DEBT.

GRANTED, IT'S NOT A HUGE DEBT, BUT TAKE ON A DEBT FOR X NUMBER OF YEARS. AND AGAIN, IF YOU JUST USE THE COUNCIL WAS IN EXISTENCE FROM 2003 TO 2017. QUICK MATH 14 YEARS FROM 2017 TILL TODAY.

AGAIN, QUICK MATH, SEVEN YEARS, YOU KNOW, WE'VE BEEN IN EXISTENCE FOR A LONG TIME AND HAVE USED THESE SERVICES ONCE, AND IF THE ONLY REASON THE RULES ARE IN PLACE IS FOR US AT THE COUNCIL LEVEL, THAT RULE CHANGE DOESN'T SEEM HARD TO ME. IF YOU'RE INTRODUCING INTO THE CONVERSATION THAT THIS CONTRACT IS NECESSARY BECAUSE THE AUDIT RULES SAY WE HAVE TO HAVE IT, THAT'S A DIFFERENT SET OF RULES. WE'D HAVE TO WE WOULD HAVE TO IF WE EVEN WANTED TO ENTERTAIN THAT AS A POSSIBILITY. SO I'M JUST TRYING TO GET MY HEAD AROUND. RIGHT, RIGHT. AND I HAVE A COPY OF THE ORDINANCE IN MY FOLDER. THAT REQUIRES BASICALLY THE THIRD PARTY INVESTIGATOR THAT FOR INTERNAL AUDIT TO DATED 2017. RIGHT OKAY. THAT THANK YOU. THERE'S THE CLARIFICATION.

SO THE ORDINANCE WE'RE TALKING ABOUT IS 2017. YEAH. AND THAT AGAIN, MR. PRESIDENT, I WOULD SUGGEST THAT WE WROTE THE ORDINANCE. WE CAN CHANGE IT. YEAH I WOULD AGREE. BUT RIGHT NOW THAT IS WHAT THE LAW IS. AND SO OUR INTERNAL AUDIT IS BASICALLY OUT OF COMPLIANCE BECAUSE WE DON'T HAVE A VENDOR RIGHT NOW. SO WE NEED TO GET THE VENDOR ON BOARD, SO THAT IF A COMPLAINT GOT CALLED IN TOMORROW, WE WOULD BE COMPLIANT. THEY WOULD HAVE SOMEBODY TO INVESTIGATE. I AGREE, YOU KNOW, WE NOW THAT THERE IS A COST ASSOCIATED WITH IT, I THINK IT MERITS A CONVERSATION OF IS THERE A DIFFERENT PATH THAT MIGHT BE BETTER, TO YOUR POINT, EXACTLY WHAT? WHAT? I ASKED JACKIE, IS, YOU KNOW, IF A COMPLAINT CAME IN, COULD WE REWRITE THE ORDINANCE AND THEN THE COUNTY ATTORNEY, YOU KNOW, CONTRACTS WITH AN ATTORNEY TO INVESTIGATE AS AN EXAMPLE. BUT WE HAVE TO DO THAT WORK FIRST. BUT AS OF RIGHT NOW, THE ISSUE BEFORE US IS WE DON'T HAVE AN INVESTIGATOR AND WE'RE OBLIGATED TO HAVE ONE IF IT IS, IF I MAY, I UNDERSTAND THAT, ONCE WE IF WE AGREE TO THIS CONTRACT, IT HAS, THERE IS A SET EXPENSE FOR AN AMOUNT OF TIME, IF THE COMPANY'S INTERESTED OR WILLING TO DO THIS CONTRACT ON A ONE YEAR BASIS. SO IT ONLY COSTS US $3,000, AND THAT GIVES US A YEAR TO CHANGE IT. YOU KNOW, I DON'T IT IS ONLY AN ANNUAL CONTRACT. SO IT WOULD ONLY BE A ONE YEAR CONTRACT. YES. THE UP TO 20,000 IS BECAUSE IF THEY HAVEN'T NO. YEAH I GET THAT YOU KNOW. YEAH. SO THE ONLY ACTUAL TANGIBLE EXPENSE CURRENTLY IS THE $3,000. AND WE HAVE A YEAR TO CHANGE THAT. CORRECT OKAY. THANK YOU. YOU'VE ANSWERED MY QUESTIONS OKAY. ANY OTHER QUESTIONS? OKAY, COUNCILWOMAN MCRAE. THANK YOU, MR. PRESIDENT, DOES THE FIRM DO OTHER TYPE OF INVESTIGATIONS? AND COULD THAT BE A PART OF OUR DISCUSSION AS FAR AS OUR JUSTIFICATION FOR THE RETAINER? YOU KNOW, WE OFTEN HAVE OTHER INVESTIGATIONS THAT WE CONSIDER, AND WE'LL HAVE TO GO TO AN OUTSIDE AGENCY. SO DO THEY SPECIALIZE IN ANY OTHER INVESTIGATIONS? IT'S MY QUESTIO. YEAH. AUDREY OR PATRICIA, DO YOU WANT TO ANSWER THAT OR DAVID AND DAVID, MAYBE YOU CAN ANSWER TO WHETHER THE CONTRACT IS SPECIFIC ONLY TO SEXUAL HARASSMENT INVESTIGATIONS. RIGHT. WE PUT THE QUOTE OUT SPECIFIC TO THE

[00:35:06]

HARASSMENT INVESTIGATIONS. BUT COULD ONE OF THE ENTITIES PRINCIPLES OF THE COMPANY ANSWER THE QUESTION? I FOR MY CURIOSIT. SO TO RESTATE THE QUESTION, WOULD YOU BE ABLE TO CONDUCT OTHER TYPES OF INVESTIGATIONS OR IS THE ONLY THING YOU INVESTIGATE SEXUAL HARASSMENT? WE WOULD BE ABLE TO CONDUCT OTHER TYPES OF INVESTIGATIONS. WE WOULD NEED TO UNDERSTAND WHAT TYPE OF INVESTIGATIONS THOSE MIGHT BE. IS THAT YOUR QUESTION WHETHER WE WOULD BE ABLE TO CONDUCT OTHER TYPES OTHER THAN SEXUAL HARASSMENT? GO AHEAD. COUNCILWOMAN. YES MY ACTUAL QUESTION IS, DO YOU SPECIALIZE IN OTHER TYPES OF INVESTIGATIONS, AND IF SO, WHAT ARE THEY? LET'S. THE WAY THAT I WOULD ANSWER THAT QUESTION IS TO SAY THAT THE EXPERTISE THAT WE HAVE AT ENTRANCE TO CONDUCT INVESTIGATIONS HAS SPANNED BECAUSE WE ALL COME FROM INSIDE COMPANIES AND ORGANIZATIONS WHERE WE HAVE MANAGED INVESTIGATIONS. SO THOSE HAVE BEEN SEXUAL HARASSMENT INVESTIGATIONS, ANYTHING THAT WOULD BE, AGAINST A COVERED ENTITY, ALL TYPES OF INVESTIGATIONS, WHETHER IT'S EMPLOYEE AGAINST EMPLOYEE, WHETHER IT'S OUTSIDE CONSULTANTS, WHETHER IT WOULD BE, ANYONE WHO WOULD BE INSIDE A COMPANY. SO WE OUR EXPERTISE IS VERY BROAD BASED. MY EXPERIENCE IS 30 YEARS IN HUMAN RESOURCES.

DIANE'S EXPERIENCES, ABOUT THE SAME IN HUMAN RESOURCES. SO OVER THAT SPAN OF TIME, AND I MENTIONED EARLIER THAT OUR EXPERIENCE IS NOT, AS OUTSIDE CONSULTANTS LOOKING IN, WE HAVE WORKED INSIDE ORGANIZATIONS THAT HAVE, HAVE HAD EVERY AMOUNT OF INVESTIGATION THAT YOU COULD IMAGINE. SO THAT'S WHERE OUR EXPERIENCE COMES FROM. AND WE COULD WE COULD DETAIL THAT FOR YOU. NOT TO BELABOR IT, BUT I WAS JUST EXPECTING MAYBE YOU COULD GIVE ME 2 OR 3 THINGS LIKE WE'VE INVESTIGATED IN THE PAST. EMBEZZLEMENT. WE'VE INVESTIGATED, SEXUAL HARASSMENT.

WE HAVE INVESTIGATED, WHATEVER. AND I JUST THOUGHT MAYBE YOU COULD GIVE ME 2 OR 3 SPECIFIC THINGS THAT YOU HAVE SPECIALIZED IN FOR INVESTIGATIONS. I'M JUST TRYING TO FIGURE OUT IF WE'RE GOING TO HAVE THE CONVERSATION ABOUT HAVING SOMEONE ON RETAINER, IF WE'RE JUST GOING TO LOOK AT SOMEONE THAT SPECIALIZES IN SEXUAL HARASSMENT, IF THAT IS REALLY WHAT WE NEED OR IF WE WANT SOMEONE WITH THE OVERALL EXPERIENCE SO THAT WE CAN UTILIZE YOUR SERVICES FOR MORE OR AT LEAST JUSTIFY UTILIZING YOUR SERVICES FOR MORE THAN JUST SEXUAL HARASSMENT. IF WE NEEDED TO RETAIN AN ATTORNEY OR AN OUTSIDE COUNSEL. SO I WOULD JUST THOUGHT, I THOUGHT MAYBE YOU COULD JUST GIVE 2 OR 3 THINGS THAT YOU'VE INVESTIGATED IN THE PAST. WELL, I WOULD JUST LIKE TO ADD TO AUDREY AND AGAIN, I'M SPEAKING ONLY AS ONE CONSULTANT, AND THAT'S WITH BRINGING BACKGROUND. BUT WITH ALL THOSE THREE SECTORS THAT I SHARED WITH YOU THAT COMPRISES MY CAREER PATH, ANYTHING REALLY LODGED UNDER R.P. AFFIRMATIVE ACTION. SO THAT MEANS AGE DISCRIMINATIO, I WOULD BE ABLE TO INVESTIGATE THAT ALONG WITH, WHAT YOU GUYS WERE INITIALLY COMING TO ENTRANCE FOR. BUT ANYTHING UNDER AFFIRMATIVE ACTIONS, THOSE CATEGORIES, IF THAT WILL HELP YOU TO BASICALLY SHARE WHAT I WOULD BASICALLY BE ABLE TO SUPPORT YOU ON. AND THAT'S A WIDE RANGE. THANK YOU, ANY FURTHER QUESTIONS? HEARING NONE, THIS IS A RESOLUTION ALLOWS FOR A VOICE VOTE. ALL THOSE IN FAVOR SAY AYE. AYE, AYE. ANY OPPOSED THE EYES HAVE IT, AND THIS ITEM PASSES UNANIMOUSLY. WILL BE ASSIGNED TO THE CONSENT CALENDAR, COLLEAGUES. WITHOUT OBJECTION, WITH NO FURTHER BUSINESS BEFORE US, THE COMMITTEE ON COMMITTEES IS ADJOURNED. THANK YOU. THANK YOU.

* This transcript was compiled from uncorrected Closed Captioning.