The City of Flatonia TEXAS CITY OF FLATONIA Council Chambers/City Hall 125 E. South Main, Flatonia, Texas February 8, 2022, AT 6:00 pm REGULAR SCHEDULED CITY COUNCIL MEETING AGENDA Opening Agenda Call to Order Invocation & Pledge Citizens' Participation Reports Police Chief Utility Director City Managers Financial Presentation January 2021 Activity January Activity Updates Financial Reports ChiefLee Dick to present the yearly racial proofing report to council. Consent Agenda C1. Consider and takea appropriate. action ont thei minutes from the special called meetings C2. Approve 4th Quarter 2021 Hotel/Motel (HOT)Taxi funding reports from the Flatonia Chamber of Commerce, Special Projects (Rail Park), and Arnim Museum. October 26, 2021, and November 4, 2021. Deliberation Agenda DA2.1-2022.1 DA2.1-2022.2 DA2.1.2022.3 Consider and take appropriate action on appointing the Knight Law Firm Consider and take appropriate action on Resolution 2022-01-02, naming the City Manager as the authorized official for the CV Coronavirus Emergency Consider and take appropriate. action on Resolution 2022-01-03, naming the LLP as city attorney. Supplemental Funding Program Grant. City Manager as the authorized official for the Patrol Vehicle Grant. Consider and take appropriate action on appointing Goldman, Hunt & Notz Consider and take appropriate action on the city not reporting an election to the Comptroller that would implement a Type B. EDC Sales Tax in the city. Consider and take appropriate action on the improper destruction of city Consider: and take appropriate action on thel EDC striping South Main Street. Consider and take appropriate action on hiring an administrative assistant for Consider and take appropriate action on city secretary candidatesi interviewed by the city manager, including but not limited to, selecting a city secretary Consider and take appropriate action on implementation of the Lexipol LE DA2.1-2022.4 DA2.1.2022.5 DA2.120223.6 DA2.1.2022.7 DA2.1.2022.8 DA2.1.2022.9 L.L.P. to conduct the 2021-year end audit. records by previous city employees. the police department. and offer of employment. DA2.1.2022.10 Adjournment Policy subscription for the police department Itheundersigned authority do hereby certify that thel Noticed ofMeeting was posted ont thel bulletin board outside the front door oft the City Hall ofthe City ofFlatonia, Texas, aj place convenient and readily accessible to the general public at: all times and said Notice was posted on thei following date and time: February 04, 2022 by 5:00 p.m. and remained so posted continuously for at least 72 hours preceding the scheduled time of said meeting. Sonya Bishop, MBA, City Manager, City of Flatonia NOTICE OF ASSISTANCE ATTHE PUBLIC MEETING EXECUTIVESESSIONSTATEMENT The City Council reserves the right to adjourn into The Flatonia City Hall is wheelchair accessible. executive session at any time during the course of this Access to the building is available at the primary meeting to discuss any of the matters listed above, as entrance facing Main Street. Personswith disabilities authorized by the Texas Govemment Code. Section who plan to attend this meeting and who may need 551.071 (Consultations with Attorney), 551.072 auxiliary aids or services such as interpreters for (Deliberations about Real Property), 551.073 persons who are deaf or hearing impaired, readers, or (Deliberations Regarding Gifts and Donations), 551.074 large printe arer requested to contact the City Secretary's (Personnel Matters), 551.076 (Deliberations Regarding Office at 361-865-3548 or by FAX: 361-865-2817 at Security Devices or Security Audits), 551.086 (Certain least two working days prior to the meeting sO that Public PowerUtilities: Competitivel Matter:)mnd551.087 appropriate arrangements can be made. (Deliberation Regarding Economic Development Negotiations). Agenda Removal Notice This Public Notice was removed from the official posting board at the Flatonia City Hall on thef following date and time: By: Sonya Bishop, MBA City Manager, City of Flatonia POLICE D FLATONIA POLICE DEPARTMENT 205 E. South Main St. Flatonia, TX78941 Office: 361-865-3337 Fax: 361-865-3039 January Monthly Report To: From: Subject: Calls for Service: Flatonia City Council Flatonia Police Department January Monthly Report There were 217 calls fors service for this month. Offense /Incident Report Activity: On1 1/4/2022 Chief L. Dick was dispatched to Timewise reference a male subject locked in the bathroom screaming "call the On 01/14/2022 Chief LD Dick and Officer TI Roggenkamp assisted DPS with a vehicle collision on Us Highway 90 near Branecky Rd. Chief Dick observed a male partially pinned/ejected from the vehicle, bleeding from the head with agonal breathing. Chief utilized his advanced emergency medical training and provided aid to the subject until EMS arrived on scene. On 1/17/2022 Sgt D. Taylor assisted EMS: and Flatonia Fire Department with a water rescue at a residence off Branecky Rd. Dispatch advised ar male subject had wrecked his ATV into a pond and was trapped underneath the ATV.Iresponded. entered the pond with EMS and Firefighters, and we were able to free the subject and get him to the helicopter. On 1/22/2022 Sgt D. Taylor was dispatched tol Dairy Queen reference al burglary. Sgt Taylor worked the burglary with the assistance of Chief LI Dick, OfficerTTunis, and Officer T Roggenkamp. No suspects have been identified yet, but iti is a current On 1/14/22 Officer T. Tunis assisted EMS with a call at: 223 1/2 North East Main St. A small child was notl breathing. Officer Tunis arrived on scene and started to assist with CPR when the child started to cry. EMS arrived on scene and Officer Tunis On 1/2/2022 Officer T. Tunis assisted Fayette County Deputy Austin Moore with ai traffic stop. While assisting the driver of the vehicle appeared to be reaching for an object on the floorboard. Officer Tunis looked closer and observed the object to be at firearm. Officer Tunis alerted Deputy Moore: and the subject was removed from the vehicle and detained. On1/9/22 Officer Roggenkamp conducted at traffic stop for a moving motor vehicle violation. Officer Roggenkamp detected the odor of marijuana emanating from the vehicle, so a probable çause search was conducted. A: small usable amount of marijuana was located. The driver of the vehicle was issued a Passession of Drug Paraphernalia Citation and released. Sgt police, they're trying to kill me". Chief responded and assisted in getting the subject ini the ambulance. ongoingi investigation. handed the child to EMS. Taylor assisted. NOF FURTHER DETAILED INFORMATION IS PUBLISHED DUE TOON GOING INVESTIGATION OF CASES. Arrests and Pending Charges There were 0 direct custody arrests for the month of December. Traffic Contacts: 46 All Flatonia Police Officers, including command staff, have conducted traffic control throughout the city and: specifically in the areas of town that complaints ofs speeders have been received. Flatonia officers will continue to conduct stationary: and mobile radar to alleviate the traffic concerns. In-Service Training: Flatonia Police Department officers continuously strive to participate in different training provided every month. Continuous training is vital because of the influence it has on the officer'severydayl performance andi for professional development. January TYPE Agency Assist Accidents Alarm Calls Animal Complaints Citizens Assist Civil Matter Close Patrol Funeral Escort Ministerial" Voucher Motorist Assist Noise Complaint Open Door School Walk Through 9 Suspicious Vehicle Suspicious Person Traffic Hazard Transient Call Walk In Disturbance Welfare Check Traffic Stops Public Intoxication Scam Call Follow Ups Other Traffic Control Smoke TOTAL # 15 7 4 1 4 3 105 1 1 3 0 1 2 0 2 0 0 2 1 46 0 1 2 6 1 0 217 Flatonia Police Department 2/4/2022 January 2022 Utility Director Activity Report 1/1 Dig up: sewer line on E. North Main, found bad Tee & section of pipe, covered for replacement on weekday 1/3 4:30 am call out to structure fire on N Walnut Take down Christmas decorations Take 2001 F-350 to R&B in LG, issues with oil in the water After hours call out for sewer blockage on N. Hudson near the Feed Mill 1/4 Clean up after sewer blockage Repair S Hudson between 6th & South Main Maintainer broke down, will not move Replace 60' of sewer line on Hwy 90E. 1/5 Power outage on WI Hwy 90, line down, apparent high load contacted line 1/6 Finish cleanup on sewer line replacement on Hwy 906 E Tear out bad culvert on 4th St, cut ditch to grade Hunter hauling reclaimed base to sewer plant Sewer tap for new house on gth St. Clear brush out of ditch off of W6 6thSt. Replace water lateral on service on gth St. Trip to SA to pick up quiet zone parts Make water tap for new home on gthSt. 1/7 1/10 1/11 Put pre-emergence herbicide on the LLI field to prevent stickers Investigate high bill complaint on North Main Check lights blinking at residence on S. La Grange, found to be customer issue, notified 1/12 Water leak @ well #10 Install quiet zone additions Hook up new electric service west of Whistleville Work on cleaning ditch by 4th St. Startr reading meters Rod out pond No. 1 at sewer plant 1/13 1/14 Read meters Clear sewer line blockage for customer on Market Street After hours power outage in Praha, high load hit lines 1/15 Call at 4:30 am, west feeder out Pole down on Hackberry @ IH10 Tighten outside phases on Praha feeder, wind slapping line together 1/16 1/17 1/18 Sewer blockage on S Hudson by Feed Mill Call out to Tony's Trailer Park, found to be customer issue Run camera on MH on SHudson, pipe deteriorating Remove fallen tree from Hackberry St. Winterize for cold snap Read meters 1/19 1/20- Work on end of year water reports Water leak @ well #10 1/21 1/23 1/25 power outage in the south downtown area Call out to turn off water for customer with al leak Start clearing ROW for electrical extension on Old Waelder Rd Virtual meeting with TX Dot, UPRR, and Befco about the quiet zone Work on boom shredder 1/26 Haul brush from Old Waelder Rd Sewer blockage by school 2001 F-350 back from shop Boom shredder repairs finished '99 F350 taken to shop for transmission issues F-750 dump truck taken to shop with air leaks in brakes Shoot grade on ditch off W 6+h, contact UPRR for meeting 1/27 1/28 1/31 Repaired water leak on W 7th @ Hwy 90 Repaired water leak on American Legion baseball field Change oil, clean off, and restock trucks 00000000000000 Racial Profiling Report - Full Report Agency Name: FLATONIA POLICE DEPARTMENT Reporting Date: 01/20/2022 TCOLE Agency Number: 149203 Chief Administrator: CHIEF LEE DICK Agency Contact Information: Phone: 361-865-3337 Email: netDrrecatonaks Mailing Address: 205 E. South Main St, P.O Box 329, Flatonia, TX 78941 This agency filed at full report Flatonia Police Department has adopted a detailed written policy on racial profiling. Our policy: 1) Clearly defines acts constituting racial profiling; 2) Strictly prohibits peace officers employed by the Flatonia Police Department from engagingi in racial profiling; 3) Implements a process by which an individual may file a complaint with the Flatonia Police Department ift the individual believes that a peace officer employed by the Flatonia Police Department has engaged in racial profiling with respect to thei individual; 4) Provides public education relating to the agencyscomplaint process; 5) Requires appropriate corrective action to be taken against a peace officer employed by the Flatonia Police Department who, after an investigation, is shown to have engaged in racial profiling in violation of the Flatonia 6) Requires collection ofi information relating to motor vehicle stopsi in which a citation is issued and arrests made as a b. Whethera search was conducted and, ifs so, whether the individual detained consented to the search; Whether the peace officer knew the race or ethnicity of thei individual detained before detaining that individual; d. Whether the peace officer used physical force that resulted in bodilyi injury during the stop; Police Department policy; result oft those stops, including information relating to; a. The race or ethnicity of the individual detained; e. Thel location of the stop; The reason for the stop; 7) Requires the chief administrator oft the agency, regardless of whether the administrator is elected, employed, or appointed, to submit an annual report of the information collected under Subdivision (6) to; b. The governing body of each county or municipality served by the agency, if the agency is an agency ofac county, a. The Commission on Law Enforcement; and municipality, or other political subdivision of the state. The Flatonia Police Department has satisfied the statutory data audit requirements as prescribed in Article 2.133(c), Code of Criminal Procedure during the reporting period. Executed by:. Chief Administrator Chief Lee Dick Date: 01/20/2022 Racial Profiling Report I Full Report FLATONIA POLICE DEPARTMENT 1/1/2021 - 12/31/2021 Page 1 Total stops: 229 100.00% Street address or approximate location of the stop City street: 120 US highway: 34 State highway; 32 County road: 39 Private property or other: 4 52.40% 14.85% 13.97% 17.03% 1.75% Was race or ethnicity known prior to stop? Yes: 5 No: 224 2.18% 97.82% Race or ethnicity Alaska Native/American Indian: 1 Asian/Pacific Islander: 9 Black: 18 White: 123 Hispaniç/Latino: 78 Gender Female: Total 84 0.44% 3.93% 7.86% 53.71% 34.06% 36.68% 7.14% 63.32% 8.28% Alaska Native/American Indian 0 0.00% Asian/Pacific Islander 1 Hispanic/Latino 22 1.19% 26.19% 5.52% 38.62% Black 6 Male: Total 145 White 55 65.48% Alaska Native/American Indian 1 0.69% Asian/Pacific Islander 8 Hispanic/Latino 56 Black 12 White 68 46.90% Racial Profiling Report I Full Report FLATONIA POLICE DEPARTMENT 1/1/2021 - 12/31/2021 Page 2 Reason for stop? Violation of law: Total 9 3.93% Alaska Native/American Indian 0 0.00% Asian/Pacific Islander 1 Hispanic/Latino 5 11.11% 55.56% 0.00% 0.00% 3.96% 34.65% 0.00% 17.65% Black 1 Preexisting knowledge: Total 1 11.11% 0.44% 0.00% 88.21% 6.93% 7.42% White 2 22.22% Alaska Native/American Indian 0 0.00% Asian/Pacific Islander 0 Hispanic/Latino o Black 0 Moving traffic violation: Total 202 Black 14 Vehicle traffic violation: Total 17 Black 3 White 11.11% Alaska Native/American Indian 1 0.50% Asian/Pacific Islander 8 Hispanic/latino 70 White 109 53.96% Alaska Native/American Indian 0 0.00% Asian/Pacific Islander 0 Hispanic/Latino 3 17.65% White 11 64.71% Was a search conducted? Yes: Total 3 1.31% 0.00% 98.69% 7.96% Alaska Native/American Indian 0 0.00% Asian/Pacific Islander o Hispanic/latino 2 0.00% 66.67% 3.98% 33.63% Black 0 Total 226 Black 18 White 1 33.33% No: Alaska Native/American Indian 1 0.44% Asian/Pacific Islander 9 Hispanic/Latino 76 White 122 53.98% Reason for Search? Consent: Total 3 Black o Contraband: Total 0 1.31% 0.00% 0.00% 0.00% Alaska Native/American Indian 0 0.00% Asian/Pacific Islander o Hispanic/latino 2 0.00% 66.67% 0.00% 0.00% White 33.33% Alaska Native/American Indian 0 0.00% Asian/Pacific Islander o Hispani/latino o Black 0 White 0 0.00% Racial Profiling Report I Full Report FLATONIA POLICE DEPARTMENT 1/1/2021 : 12/31/2021 Page 3 Probable cause: Total 0 Black 0 Inventory: Total 0 Black 0 Incident to arrest: Total 0 0.00% 0.00% Alaska Native/American Indian 0 0.00% Asian/Pacific Islander 0 Hispanic/Latino 0 0.00% 0.00% White 0 0.00% Alaska Native/American Indian 0 Asian/Pacific Islander 0 Hispaniç/Latino 0 White 0 0.00% 0.00% Alaska Native/American Indian 0 0.00% Aslan/Pacific Islander 0 Hispanic/Latino 0 0.00% 0.00% Black o White 0 0.00% Was Contraband discovered? Yes: Total 1 Did the finding result in arrest (total should equal 0.44% previous column)? Yes 0 Yes 0 Yes 0 Yes o Alaska Native/American Indian 0 Asian/Pacific Islander 0 Black o White 0 Hispanic/latino 1 0.00% Yes 0 0.00% No 0 0.00% No 0 0.00% No 0 0.00% No 0 0.00% No 1 0.00% 0.00% 0.00% 0.00% 100.00% 0.00% 50.00% 0.00% 100.00% 0.00% 0.00% 0.87% 0.00% No: Total 2 Alaska Native/American: Indian 0 0.00% Asian/Pacific Islander 0 Hispaniç/Latino 1 Black 0 White 1 50.00% Description of contraband Drugs: Total 1 Black 0 Currency: Total 0 0.44% 0.00% 0.00% Alaska Native/American Indian 0 0.00% Asian/Pacific Islander 0 Hispanic/Latino 1 0.00% 100.00% White 0 0.00% Racial Profiling Report I Full Report FLATONIA POLICE DEPARTMENT 1/1/2021 - 12/31/2021 Page 4 Alaska Native/American Indian 0 0.00% Asian/Pacific Islander 0 Hispanic/latino o 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% Black 0 Weapons: Total 0 Black 0 Alcohol: Total 0 Black 0 Stolen property: Total 0 Black 0 Other: Total o 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% White 0 0.00% Alaska Native/American Indian 0 0.00% Asian/Pacific Islander 0 Hispanic/latino 0 White o 0.00% Alaska Native/American Indian 0 0.00% Asian/Pacific Islander o Hispanic/Latino 0 White 0 0.00% Alaska Native/American Indian 0 0.00% Asian/Pacific Islander 0 Hispaniç/Latino o White 0 0.00% Alaska Native/American Indian 0 0.00% Asian/Pacific Islander o Hispanic/latino 0 Black 0 White 0 0.00% Result of the stop Verbal warning: Total 70 Black 4 Written warning: Total 129 Black 13 Citation: Total 30 Black 1 30.57% 5.71% 56.33% Alaska Native/American Indian 0 0.00% Asian/Pacific Islander 5 Hispanic/Latino 21 7.14% 30.00% 2.33% 34.88% 3.33% 40.00% White 40 57.14% Alaska Native/American Indian 1 0.78% Asian/Pacific Islander 3 Hispanic/Latino 45 10.08% 13.10% 3.33% White 67 51.94% Alaska Native/American Indian 0 0.00% Asian/Pacific Islander 1 Hispanic/Latino 12 White 16 53.33% Racial Profiling Report I Full Report FLATONIA POLICE DEPARTMENT 1/1/2021 - 12/31/2021 Page 5 Written warning and arrest: Total 0 Black o Citation and arrest: Total o Black 0 Arrest: Total o 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% Alaska Native/American Indian 0 0.00% Asian/Pacific Islander 0 Hispanic/Latino 0 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% White o 0.00% Alaska Native/American Indian 0 0.00% Asian/Pacific Islander 0 Hispanic/Latino 0 White 0 0.00% Alaska Native/American Indian o 0.00% Asian/Pacific Islander 0 Hispanic/Latino 0 Black 0 White 0 0.00% Arrest based on Violation of Penal Code: Total 0 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% Alaska Native/American Indian 0 0.00% Aslan/Pacific Islander 0 Hispaniç/Latino 0 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% Black 0 Violation of Traffic Law: Total 0 White 0 0.00% Alaska Native/American Indian 0 0.00% Asian/Pacific Islander 0 Hispaniç/Latino 0 Black 0 Violation of City Ordinance: Total 0 Black 0 Outstanding Warrant: Total 0 White 0 0.00% Alaska Native/American Indian 0 0.00% Asian/Pacific Islander o Hispanic/latino o White 0 0.00% Alaska Native/American Indian o 0.00% Asian/Pacific Islander o Hispanic/Latino 0 Black 0 White 0 0.00% Racial Profiling Report I Full Report FLATONIA POLICE DEPARTMENT 1/1/2021 - 12/31/2021 Page 6 Was physical force resulting in bodily injury used during stop? Yes: Total 0 Black 0 Total 229 Black 18 0.00% 0.00% 100.00% 7.86% Alaska Native/American Indian 0 0.00% Asian/Pacific Islander 0 Hispanic/Latino 0 0.00% 0.00% 3.93% 34.06% White 0 0.00% No: Alaska Native/American Indian 1 0.44% Asian/Pacific Islander 9 White 123 53.71% Hispanic/Latino 78 Number of complaints of racial profiling? Total 0 0.00% Resulted in disciplinary action 0 Did not result in disciplinary action 0 0.00% 0.00% Submitted electronically to the ON LAI The Texas Commission on Law Enforcement Racial Profiling Report I Full Report FLATONIA POLICE DEPARTMENT 1/1/2021 - 12/31/2021 Comparative Analysis FLATONIA POLICE DEPARTMENT Page 7 Motor Vehicle Stops VS. Gender Ethnic Population of Service Area Racial Profile Data Provided! by Kologik COPsync! Mobite #of Stops % of Stops Agency Service Areal Demographics Total %of 44.44% 55.56% 0% 1.59% 7.62% 79.49% 52,83% 11.30% Provided by Agency Official (Not Kologik) Number Population Male Female 145 63.32% Male 84 36.68% Female 700 875 0 25 120 1252 832 178 Alaska NativelAmerican Indian Asian/Pacific Islander Black White Hispanic/Latino 1 0.44% Alaska Native/American Indian 9 3.93% Asian/Pacific Islander 18 7.86% Black 123 53.71% White 78 34.06% Hispanic/Latino Other/Not Reported Above DATA SOURCE USED FOR AGENCY: SERVICE AREAI DEMOGRAPHICS: LACAMOMATDIMTAESNNEATEPANMISHADIKENENA ADDITIONAL INFORMATION THAT MAYI INFLUENCE. AND/OR IMPACTDATA! REPORTED: Flatonia is a town witha approximately 1575 residents; however, U.S.I Interstate-10 runs through town and approximately 70,164 vehicles pass through Flatonia per day (as of 2019 TxDOT data), whichi is not reflected int the reported population demographics for the City of Flatonia. The Flatonia ISD draws froma large area outside oft thec cityl limits, andi faculty, parents and students who drive to and from: school include motorists not reflectedi in city demographics. There are multiple large agricultural employers in anda around Flatonia, with! large numbers oft transient/day! labor influx associated with these employers, andt these employees are not necessarily reflected in city resident data/demographics. All these! factors result ina a motoring public and dailyi influx of people that is neither quantifiable nor reflected in demographic information This form is produced in accordançer with the Texas Code of Criminal Procedure. Article 2.134 as required byt the Texas Occupation Code Section 1701.164 and the Texas Commission on Law Enforcement. The Agency Service Area Demographics data was derived from available public data sources such as the US Census Bureau and other statistical services available to the reporting related tot the residents oft the City of Flatonia itself. agency. PKOLOGIK Minutes Flatonia City Council Special Meeting November 4, 2021 Present: Mayor Pro Tem Councipersons Catherine Steinhauser Mark Eversole Dennis Geesaman Ginny Sears Allen Kocian City Staff Wayne McKethan, Interim City Manager Jack Pavlas, Utility Director Lee Dick, Police Chief Chery! Sedlar, Building Permits/Customer: Service. Administrator Mayor Pro Tem Catherine Steinhauser called the Special Meeting to order at 6:00 p.m. The invocation was given by Councilmember Kocian. Mayor Pro Tem Steinhauser led the pledges to the American and Texas flags. No Citizen'sF Participation No Reports No Consent Agenda Deliberation Agenda DA11-2021.1 Consider and take appropriate action on the recommendation from the Flatonia Parks Committee regarding renaming the Flatonia Photo Pavilion Councilmember Eversole read a tribute to Tommy Shults acknowledging his being a driving force in the construction of the Photo Pavilion and his Councilmember Geesaman moved to rename the Photo Pavilion to the "Tommy Shults Photo Pavilion". Councilmember Eversole seconded the to the "Tommy Shults Photo Pavilion". interest in and dedication to Rail Fan Fests. motion. None opposed. Motion carried. Executive Session Mayor Pro Tem Steinhauser convened the Flatonia City Council into Executive Session at 6:03 p.m. to discuss: ESI1-2021.1 As authorized by Texas Government Code 551.074 (Personnel Matters) Deliberating the Appointment, Employment, Evaluation, Reassignment, Duties, Discipline or Dismissal ofal Public Officer or Employee: regarding: Proposed contract for new City Manager Mayor Pro Tem Steinhauser reconvened the City Council into Regular Session at 6:40 p.m. DELIBERATION AGENDA DA11-2021.1 Consider and take appropriate. action regarding thej proposed contract for Councilmember Geesaman moved to approve the proposed contract for City Manager contract. Councilmember Sears seconded. None opposed. City Manager contract. Motion carried. The meeting was adjourned at 6:44 p.m. Signed Catherine Steinhauser Mayor Pro Tem Attest Cheryl Sedlar Administration Minutes Flatonia City Council Special Council Meeting October 26, 2021 Present: Mayor Pro Tem Councipersons Catherine Steinhauser Mark Eversole Dennis Geesaman Ginny Sears Allen Kocian City Staff Wayne McKethan, Interim City Manager Jack Pavlas, Utility Director Lee Dick, Police Chief Chery! Sedlar, Building Permits/Customer Service Administrator Mayor Pro Tem Catherine Steinhauser called the Special Meeting to order at! 5:00 p.m. Thei invocation was given by Mayor Pro Tem Steinhauser. Mayor Pro Tem Steinhauser led the pledges to the American and Texas flags. No Citizen's Participation No Reports No Consent Agenda Executive Session p.m. to discuss: EX10-3-2021.1 Mayor Pro Tem Steinhauser convened the Flatonia City Council into Executive Session at 5:10 As Authorized by Texas Government Code 551.074 (personnel Matters) Deliberating the Appointment Employment, Evaluation, Reassignment, Duties, Discipline or Dismissal ofal Public Officer or Employee: regarding: Interview of City Manager Candidates Mayor Pro Tem Steinhauser reconvened the City Council into Regular Session at 6:24p.m. Deliberation Agenda DA10-3-2021.1 Consider and take appropriate action regarding the City Manager Candidates. No action was taken regarding the City Manager Candidates. The meeting was adjourned at 6:25 p.m. Signed Catherine Steinhauser Mayor Pro Tem Attest Cheryl Sedlar Administration Flatonia Special Projects P.O. Box 14 Flatonia, Texas 79841 1/7/2022 Mark Eversole, President Re: Fourth Quarter Totall Income Expenses Beginning Balance 9,190.85 Income 3,750.00 3,750.00 HOT Funds Description Mowing/Cleaning Utilities/ September October November Contract Labor Wine Walk Hatsf for Play Train Repairs Audio Play Meals for Staff setting up Play Rubin Cedallos City ofF Flatonia Dennis Olsovsky Thel Market Amazon Hobby Lobbby Eddie Valen Sonic Drive In -105.00 -206.66 -160.02 -141.33 -960.00 -183.48 -16.12 -21.04 200.00 36.56 -2,030.21 Total Expenses Endng Balance 10,910.64 FLATONIA CHAMBER OF COMMERCE 4"QTRI HOT FUNDS REPORT FOR: 2021 October, November, December: 2021 DATE 2021 CHECK# 10-31 10-31 10-31 10-31 11-15 11-15 11-15 10-31 11-15 10-31 11-1 11-8 10-31 12-3 12-06 12-6 12-6 12-6 12-6 12-7 12-7 12-7 12-15 12-20 12-20 12-20 12-20 12-20 10-7 10-11 10-11 10-25 10-25 10-25 10-29 10-31 10-31 10-31 10-31 10-31 12-6 PAYABLE TO Colorado County Citizen Gonzales Inquirer KRXT-FM Schulenburg Sticker Flatonia Argus Hallettsville Tribune-Herald Jackson Pacific Inc. Moulton Eagle Shiner Gazette Yoakum Herald-Times Flatonia ISD Trips Publications Weimar Mercury Art Hernandez Emily Garza Flatonia Argus, Inc. Hengst Printing & Supplies Saffire Thrifty Nickel Edward Koncaba Eusefio Mirelez KBUK Radio Inc. Beverly Ponder Emily Garza The Banner Press Newspapers Trophy Tech Weimar Mercury Flatonia Argus, Inc. KBUK Radio Inc. Thel Banner Press Newspapers Amigo's Saffire Waelder ISD Fayette County Record KBUK Radio Inc. KITA-FM/KWH-AM The Banner Press Newspapers The' Texas Polka News Texas Associate Insurors TOTAL EXPLANATION CZ49 Ads CZ49 Ads CZ49 Ads CZ49 Ads CZ49 Ads CZ49 Ads JPC Custom CZ49 Ads CZ49 Ads CZ49Ads Golf Sponsor- -Ads Ad in Schulenburg Magazine CZ49Ads Music for Wine Walk Payroll Form Signature Ad Basketball Yellow' Toner- Office Quarterly Hosting & Licensing Fee 675.00 CZ49 Ads 2021 Billboard Property! Lease 2021 Billboard PropertyLease 2CIFAds Elementary ice Cream & Movie Payrol! Form Payroll Form CIF Ad Flatonia CofC Member Plaques CIF Ads CZI Pageant Applications Ads CZ49 Ads West Of1 The Brazos Football Billboard Lease Nov.-Dec,2021 Quarterly & Licensing Fees Waelder' Yearbook. Advertising Donation to Nov 6F Fundraiser CZ49 Ads Flatonia Football Sponsor CZ49 Ads CZ49 Ads CZ49 Ads Chamber Insurance AMOUNT 127.50 153.00 200.00 145.80 405.75 107.28 1,333.71 70.56 85.86 92.70 100.00 247.50 72.00 200.00 390.00 136.00 69.99 99.00 500.00 500.00 70.00 118.13 886.97 540.33 126.00 75.00 40.00 35.10 60.00 81.00 500.00 675.00 150.00 100.00 18.00 35.00 289.00 210.00 250.00 1783.73 11,747.24 3220 3222 3223 3224 3225 3226 3227 3228 3229 3230 3231 3232 3233 3234 3236 3237 3238 3239 3240 3241 3242 3243 3245 3246 3247 3248 3249 3332 3333 3334 3335 3336 3337 3339 3340 3341 3342 3343 10 3244 Lyric Theater & Ice Cream Parlor Christmas Coloring Contest- FISD 3338 E.A. Arnim Archives & Museum E.A. A Arnim Archives & Museum Prepared by Judy Pate Highlights of 4th Quarter 2021 Activities: Visitors: Bus tour group of 50 from San Antonio on October 4. Hosted a meeting oft the Smith McMillan chapter oft thel D. A. R. in the barn on October 16. Lots oftraffic through both main building and barn during Czhilispiel. Great attendance for our Open House and Fundraiser on November 6. Participated in well attended Wine Walk event on December 3, with the barn all decked out ini its holiday Opened for extended hours on the days between Christmas and New Years with a good many visitors coming in, looking for something to do during the holidays. Heritage visitors to the museum included finest. members oft the Olle, Flato, Baca, Arnim, Delgado, Psencik and Zurovec families. Conservation: Other: Continuing to process donations of correspondence and paper ephemera received in the last quarter. Flatonia received good coverage in ai new Arcadia Publishing book The Old Spanish Trail Highway in Texas by. James Collett. It contains 101 historical pictures and text related to the highway through Flatonia submitted by and credited to the E. A. Arnim Archives & Museum. E.A. Arnim Archives & Museum of Flatonia 4th Quarter 2021 HOT Tax Income/Expense Report Balance Forward HOT1 TAXI INCOME IN 4th QUARTER City of Flatonia Interest Income 3,289.80 6,563.00 1.29 6,564.29 TOTAL INCOME HOTTAXI EXPENSES IN 4th QUARTER Utilities Electric & Water Telephone & Internet TOTAL Utilities Wages Payroll Tax Security Insurance Production costs for play Advertising and Promotion Balance Forwprd: 1,162.05 394.53 1,556.58 2,334.76 390.15 145.50 86.50 2000.00 155.30 6,668.79 $6,668.79 TOTAL EXPENSES $3,185.30 City! Managers Report. January 2022 Working with software company to get things set up correctlyi in the system Bank reconciliation fort the month of December and January Research grants and gathering documentation to close out grants Set upl bank codes ins software Working towards getting the 2020 audit entries from the auditors. Spoke with. Jamie Notz from the auditing firm. They are working on getting things finished on the 2020 audit.. Jamie was out oft the office for over a month andi is in process of finishing things up. Emailed over documents Corresponded with numerous citizens with concerns. Visited with a citizen on: 11th street for flooding issues. Identified some oft the issues and had the staff fix as much as possible withi the from the VFD and proof of grant payments. weather conditions. Met with several council members at various times. Researched city secretary position and interviewed candidates Generated financial reports for city council. Researched and policy and procedures. Researched grant opportunities. Worked upf front to cover staff for lunch and during busy hours. Set up a: 2" workstation to accept payments. Contacted TxDot for updates on construction from Lucea kuykendal-Herring was informed they are waiting ont the weather to prime the flex base. Currently they are scheduled for Next week Met with the county commissioner staff and city staff discussed the possibility ofr moving the recycling center to a different location, next to the city warehouse on West HWY90 Met with candidate for code enforcement and researching code enforcement positions. Posting Met with LCRA representatives to discuss grant opportunities for the bridge near the Gazebo on Worked with the State Comptrollerto get information regarding EDC and getting documents depending on the weather. on TML South Main. Iwill be applying soont for funding. recorded for the cityt tol have an EDC. Searched boxes for documents and made notices of findings. Researched state laws regarding city records and destruction processes There are many other things that has transpired during the days, weeks, and months. Thisis abasic synopsis of events. - I I N I D - - S I 000006 55 000 00e 37 - 72 1E E E FF a a 77 9 5 : pp o : oc 33 66868835 E I 3 2 N I e 0oo 9o 6410 3 N 0 888 3 ooc 9e8 o0o 88888 jo I . H a - N 2 H S - E X N & - pjo 3 W 8 & CITY OF FLATONIA Agenda Summary Form Agenda # Title: DA2.1-2022.1 Consider and take appropriate action on appointing the Knight Law Firm LLP as city attorney. Summary: Hire the Interim Law Firm on aj permanent basis. Option(s): Imove to make the motion to hire the Knight Law Firm LLP as the City Attorney Ifs you are opposed to not 2nd or make any motion. If a motion is not made, the for the City ofFlatonia. item is dead. Kocian: Steinhauser: Eversole: Mayor: Sears: Geesaman: "Negative" motions are generally not permitted. To dispose of a business item, the motion should be phrased as a positive action to take, and then, if the group desires not to take this action, the motion should be voted down. The exception to this rule is when a governing body is asked to take action ona request and wishes to create a record as to why the denial is justified. The Knight Law Firm, LLP Aftorneps at Law Execulive Office Terrace Suites 223 West Anderson Lane SuiteA-105 Austin, Texas 78752 Fax: Tel:5 512.323.5778 512.323.5773 wwwS ciaterneyteras.com IESRON February 4, 2022 Via Email: Mamorerar-laemiasis City of Flatonia clo Sonya Bishop City Manager 125 E South Main St Flatonia, TX 78941 Re: Engagement Letter for Professional Legal Services Dear Sonya: The Knight Law Firm, LLP is pleased to be selected to provide legal services to City of Flatonia ("City"). The proposed terms of our engagement are set forth below. If this letter of engagement is acceptable to City, please confirm by signing in the space provided and returning a fully executed copy to me, retaining a copy for your own files. Our acceptance of representation will become effective when we receive a fully executed copy oft this letter. During our representation of you, all of our attorneys are available to City at any time, buti initially Audrey Guthrie andIwill serve: as your mainj points ofcontact and will be responsible for your day-to-day services. Scope and Terms of Engagement Any and all professional legal services related to serving as counsel to City. All services will be provided when requested by you as the City Manager, the Mayor and others who you authorize. Certain defined terms are included in the body oft this letter, and additional terms are contained in the attached document, entitled Engagement Letter- Exhibit' "A."Thel Knight Lawl Firm's engagement isl limited to representation oft the City of Flatonia ("You" and/or "Client") in relation to the above-referenced Matters(s), which represents the scope of the engagement and the services to be provided. Unless otherwise expressly and specifically agreed in writing, the firm is not responsible for advising on bankruptcy issues; tax issues; accounting issues; or any issues relating to any matter for which we have not been asked to provide legal services and advice and which is not specifically described in the matter, above. A separate engagement letter, or written addendum, must be executed by both parties for any additional matters for which consultation or legal services may be sought by you in the future. Our Legal Fees and Costs Legal fees and costs are difficult to estimate. Accordingly, we have made no guarantee concerning the maximum fees and costs that will be necessary to resolve or complete a matter. From time-to-time, and upon a written request from you, the Firm may furnish estimates of legal fees and other charges that we anticipate will be incurred in connection with a matter. Such estimates are by their nature inexact because of the potential for unforeseeable circumstances and, therefore, our actual fees and other charges may vary from such estimates. You are requested to review carefully each Knight Law Firm invoice you receive and call me if you have any questions about the bill or the progress oft the work. Itis expressly understood that payment of the Firm's fees and costs is in no way contingent on the ultimate outcome of any matter. All fees and costs associated with any matter will be paid by you within thirty (30) days ofinvoice, including without limitation: copy costs; messenger fees; fax charges; long distance telephone charges; court reporter charges; consultant's fees; expert witness fees; visual aids; visual presentations; mock trials; all travel expenses, including air, hotel, meals and ground transportation; Westlaw or other outside computerized research; filing fees; records services charges; and any other costs necessary to resolve or complete any matter. Other than copy costs, telephone and fax charges, mileage and travel time, we will speak with you prior to undertaking other charges. You are responsible for direct payment to any outside, third- party vendor immediately upon receipt of the bill. Third-party costs may be included on the Firm's invoices, but the Firm also reserves the right to forward these vendor invoices to you for direct payment pursuant to the terms oft that vendor. Paige and I are the responsible attorneys for the firm and who are ultimately in charge of your matters. The current hourly rate along with the hourly rates of the firm's staff who I anticipate will participate in the prosecution of your matter, are all the same with the exception of litigation - $185.00 per hour with $90 for our paralegal/office manager No retainer is required. Ai more complete explanation of our rates is attached as Exhibit"B." Conflicts of Interest Before accepting the engagement, we have undertaken reasonable and customary efforts to determine whether there are any potential conflicts ofinterest that would bar the Firm from representing you. Based on thei information available to us, we are not aware of any potential disqualitication. If you are aware, or become aware, of any conflicts of interest, please let us know in writingimmediately. Conclusion This letter and the attached Engagement letter Exhibit "A" and the Fee Structure Exhibit "B" constitute the entire terms of the engagement. These written terms of engagement are not subject to any oral agreements or understandings, and they can be modified only by written agreement signed both by The Knight Law Firm and you. Unless expressly stated in these terms of engagement, no obligation or undertaking shall be implied on the part of either' The Knight Law Firm or you. Please carefully review this letter and the attached exhibits. If there are any questions about these terms of engagement, or if these terms are inaccurate in any way, please let mel know immediately. Ifboth documents are acceptable, please sign and return the enclosed copy ofthis letter. For and Onl Behalf oft the Firm Respectfully, Gsskk Barbara Boulware-Wells, Principal THE KNIGHTLAWFIRM, LLP CITY OF FLATONIA ACCEPTS THIS LETTER AND THE ATTACHED ENGAGEMENT LETTER- - EXHIBIT "A" AND FEES - EXHIBIT "*B": CITY OF FLATONIA By: Name: Title: Date: Engagement Letter- Exhibit' "A" Thisisas supplement to The Knight Law! Firm LLP engagement: letter. Thej purpose oft this document is to set out additional terms of our agreement to provide the representation described in the engagement letter. Because these additional terms of engagement are a part of the Firm' agreement to provide legal services to you, you should review them carefully and should promptly communicate to The Knight Law Firm LLP any questions concerning this document. We suggest that you retain this statement of additional terms along with the engagement letter and any related documents. The Scope of the Representation As lawyers, we undertake to provide representation and advice on the legal matters for which we are engaged. Ifthere are: any questions about thes scope of our representation: in any matter, please raise those Any expressions on our part concerning the outcome of any matter are based on our professional judgment and arei not guarantees. Such expressions, even when described as opinions, are necessarily limited by our knowledge of the facts and are based on our views of the state of the law at the time they are expressed. The Knight Law Firm LLP has made no guarantees or promises to you about the outcome ofany matter, and nothing int the terms of engagement shall be construed as a guarantee or promise. Upon accepting this engagement on your behalf, The Knight Law Firm, LLP agrees to do the following: (1) provide legal counsel in accordance with these terms of engagement and the related engagement letter, and in reliance upon information and guidance provided by you; and (2) keep you To enable us to provide effective representation, you agree to do the following: (I) disclose to us, fully and accurately and on a timely basis, all facts and documents that are or might be related to any particular matter or that we may request; (2)! keep us apprised on at timely basis of all developments relating to any particular matter that are or might be important; (3) attend meetings, conferences, and other proceedings when iti is reasonable to do: so; and (4) otherwise fully cooperate with us. questions promptly, in writing, so that we may resolve them at the outset. reasonably informed about thes status and progress of any matter. Who' Willl Provide thel Legal Services The Knight Law Firm, LLP, will represent youi in matters as requested by you from time to time. Although our firm will be providing legal services, each client of the firm customarily has a relationship principally with one attorney, or perhaps ai few attorneys. At thes same time, however, the work required on any particular matter, or parts ofi it, may be performed by other firm personnel, including lawyers and legal assistants. Our Relationships With Others Our law firm represents many cities, local governmental entities and private clients. In some instances, the applicable rules of professional conduct may limit our ability to represent clients with conflicting or potentially conflicting interests. Those rules of conduct often allow us to exercise our independent judgment in determining whether our relationship with one client prevents us fromi representing another. In other situations, we may be permitted to represent a client only ift the other client consents to that representation. Records Retention Our law firm has ar records retention policy that allows us to destroy files within a reasonable time after a particular matter has been concluded. Generally, we destroy files four (4): years after representation onamatter has ceased ort the file has been sent to our closed files. A copy of our records retention policyi is attached. Termination At any time, your may, with or without cause, terminate the engagement by notifying us of your intention to do: SO, Any such termination of services will not affect the obligation to pay for legal serviçes rendered and expenses incurred before termination, as well as additional services and charges incurred in There are several types of conduct or circumstances that could result in our withdrawing from representing you, including, for example, the following: non-payment or slow payment of fees or costs; misrepresentation or failure to disclose important information; fraudulent or criminal conduct; action contrary to our advice; failure to develop a workable relationship with you; and conflict of interest with A failure by yout to meet any obligations under these terms of engagement shall entitle Thel Knight Law Firm LLP to terminate the engagement. In that event, you will take all steps necessary tor release The Knight Law Firm LLP of any further obligations in the representation of any matter, including, without limitation, the execution of any documents necessary to effectuate our withdrawal from the representation ofa any matter. The right ofThe Knight Law Firm to withdraw in: such circumstances is in addition to any rights created by law or statute, or recognized by the governing rules of professional conduct. connection with an orderly transition of any ongoing matters. another client. Billing Arrangements and' Terms of] Payment thirty (30) days of receiving our statement. Our engagement letter specifically explains our fees for services. We will bill on a regular basis, normally each month, for both fees and expenses, and it is agreed that you will make full payment within It is further agreed that any delinquent account must be promptly paid, and if the delinquency Typically, ouri invoices willi include amounts not only for legal services rendered, but also for other expenses and services. Examples include charges for photocopying; long-distance telephone calls; travel and conference expenses; messenger deliveries; facsimile and other electronic transmissions; expert witness fees; all travel expenses, including air, hotel, meals and ground transportation; court reporter's charges; Westlaw or other outside computerized research; filing fees; records service charges; and any other costs needed to carry out the engagement. In addition, we reserve the right to send to you for direct payment any invoices delivered to us by others, including experts, consultants and any vendors, relating to the continues, we may withdraw from the engagement and pursue collection of our account. engagement. Attorney Complaint Information THE STATE BAR OF TEXAS INVESTIGATES AND PROSECUTES COMPLAINTS OF PROFESSIONAL MISCONDUCT AGAINST ATTORNEYS LICENSED IN TEXAS. A BROCHURE ENTITLED ATTORNEY COMPLAINT INFORMATION IS AVAILABLE AT OUR OFFICE AND IS LIKEWISEAVAILABLEUPON. REQUEST.ACLIENTTHATHAS ANY QUESTIONS ABOUT' THE STATE BAR'S DISCIPLINARY PROCESS SHOULD CALL THE OFFICE OF THE CHIEF DISCIPLINARY COUNSEL OP THE STATE BAR OF TEXAS. AT1 1$7955535TOLPREE EXHIBITB" FEES FOR CITY ATTORNEY SERVICES The following are the fees for City Attorney services to the City: Thel Knight Law Firm LLPI has at tiered rate structure. With the exception ofs special projects and litigation, our rate is $185/hour for all work we perform for clients we serve as city attorey with our legal assistant being billed at $90/hour. The exceptions are as follows: Litigation: $225/hour for attorney and $95/hour for legal assistant for litigation preparation time and $250/hour for attorney and $100/hour for legal assistant for courtroom time for litigation handled solely by our firm. Outside counsel would be billed at their rates, although we will assist with obtaining the lowest Special Projects: $225/hour for attorney and $95 for legal assistant on development agreements wherein the City requires the fees to be paid by the developer and $250/hour for attorney and $95 for legal assistant on more complicated economic agreements such as: 380 and TIRZ. Our feei for development agreements is based on experience by cities in the urban areas in which the number of development agreements or a developer's long-term haggling resulted in unaffordable expenses to the City. As a result, most of our clients require those wanting development agreements to pay the costs incurred by the City. Therefore, if the City determines that a developer should pay for the expense of negotiation and preparation of a development agreement or economic agreement, and the City collects those funds from the developer, the We do not request ai retainer. We bill in 1/10 of an hour increments which provide cost-efficiencies for our clients. The firm bills monthly and our billing statements are itemized by date, description, and the amount oftime rendered. Payment is expected in not less than forty-five (45) days. We reserve the right to adjust our rates not more than once annually after givingt the City not lesst than ninety (90) days' notice prior Our invoices will include amounts not only for legal services rendered but also for other expenses and services. Examples ofsuch expenses include: court costs, filingf fees, messenger/delvery services, copying, all travel expenses andi mileage. We reservet the right to send to you for direct payment any invoices related tot the engagement of our services delivered to us by others including experts, consultants. and any vendors. Our firm will provide at least one seminar or training session for City Council and one training session for City staff at no cost to you; topics that are frequently addressed are employment issues, open government questions, legislative sessions, and economic development matters. Wea are happy to assist the City Council rate possible for municipal clients. above rate will be charged for that work. to the beginning ofar new fiscal year. and City management with additional specialized sessions as well. THE STATE BAROE TLKAS ATTORNEY COMPLAINT INFORMATION This brochare answers somc common questions about the State Bar's attorney disciplinary system. If you have any questions abour dhis process. that are not answered in this brochure, please call the Grievance Information Helpline of the State Bar of Texas at I-800-932-1900. All lawyers in Texas have an obligation 16 maintaina high standard ofcthical conduct toward their clients and others. To enforce this standard, the Scate Bar of Texas investigaces and prosecutes camplaints of professional misconduct against lawyers licensed in fexas, parsuant to the Texas Rules of Disciplinary Procedare as prommigated by the Supreme Court of What tules Gre lavyers required to follow? Fori NS thes aciss rulcs thac amtneys hanst follow ac callad the Texas Disciplinary Rales of Prolexviona Cnsluci, Thcse rulcs Iay he fosnd anline ar texasbar.com. Theyare alo pinted in the Texas Gmerament Cde (Tile 3, Shtirk G-Append A. Texas, Arricke 10. secrions 1, Shouldif file agrievonce? Reparng uncthical behavior of Tivas lawyery hdps rede and prevest h 1 the poblic and the lega prefession. In onder for the Statc Bar to investigate the laveyerk cosaduct, the person celng ikr complan ahensr thelyer mnust fle: : wtemguamedlanihang his UI her condt wirh d: Sare B.'s Ofce of Chif Mu mmght find it helplal tu spaak wah the Stre Bars Clnt Anorney Assistance Pragram sratran deemining whether Gs report the condt of thc layyer anifor whcther orher TCSutIrees miplt be bandical. The Client Atorey Assisance Program is a sunewide dispute resolurion poy which assists chents asiarepsin resolving miner problns allecting ihci rdaconship when de ISKIIES do TDE involv iniscoduct under dhc lisas Disciplinay Rales of Pulessional Conhact. The Bar's Grierance Information Helplins (I 800-9,2 19001 is answyred hy waffof rhis Pragam. Isi there 0 slatute of fimifafions on filing a grievance? Yex. Wihzfwcepdiwn. thetei Ra u fou-year statuteut lanications oR blinga a gricvace. DiseplinaryChnsed, Dol hove to bei the dient in order to fle 0 grievance No. Any person wirh kneskitge ofy whar thyi bohevets he profexsinnal: miscnduct hyal fayerhas thes abilityts againsi al lavyer? fileay girvance How dolfleag grievance? The fisr step i filing a jricane is a compleie grievange forn either throngh the Bar's online shissan sysicni, locmud A dd.texasban.cem, hy submiting : complered icvance foim by mail 0L Bs to: Stare Bar ot Tsay ClakfDisuplmay ComdvOitixe R. Box13287 Austin, Tecas"8711 hax (5121827-4149 The fomiasalale un che Barkwbsits, esasbancom, inp pdr formas in both English ad Spanish, or a fonn an he mailal I ysi 11 yut resusr by adlfing 1-866- 224-599). Please he sGre D inclde copies of all sapporg docaments sach as lerters. pleadigs (cur decumenes). emails, cIc. Da noL send original docments, as they will not be returned. Additionally please do not ase staples, posi-it notes, or binding. Iy y repuring the donduu of Jutr cuIseet ur former lawyer. it is imporcant 1 knw dat Migning the gricvande form waives thes arromy dient privileyge char wouldederwise kp discussinas between yu ids your lawyer confiential. The for INE be signal by rhe complainant and darcd. What hoppens ofterl If file a grievance? The ChiefDixdplinary Cousdy willr reviwwy yo gievanck and wil, wirlin 30 days, iceimne whcthas the conduct ofthe! laveyee a5 alicged mighe consriturear violatost of the Dascipliary Rokes of Pokssional Condnct the cthkcs rules). This reviewi is called te dassificacion stage" ols che disciplinary PRIcess. Hneevr, priee 10 dassification. yaa may be sckred o chet Chent Aitorey Assisrance Pragran for Nsistance, Ag grievmnce rhat i determined ( noc llegeavidation of the sthics mls is chasifst 3S an "luquiy" and is dismissel. A grievance dat is deermined u srare a passible violion of the echics res is dssifil 45 3 Complainr andi is invetigaredhy che ChiefDisiplinary Coael Vou will ke nadihedofr rhes determinanen olr rhe CherDidplinarys Counselhy mil. Can lamend andr re-file my grievance? Ifyour gricvance Is tismissedl hy the Chiet Diciplinary Cousdas Inquiry, yau my amcnd thc distaisset grievance with adirional or m isfomatinn and resuhenit i 10 the Chiet Disciplinary Couasdl. The snended gricvanee BRERE conrain nLw u additinnal infommarion nor contained in your original gricvance. You anuy amend and resubnsit ynur Bivvnce UAR: ITmC Conlappeal the dismissal of my grievonce atl this Vou uy appei the duasinn of de Chfl Disciplinary Cacnsch Te dismiss your gnevince by Blimg an. appalos the Buand, ofDisaplinary AppakBODAL. The. appcal must hei in wriding on the lem providel Mih thechif Disciplinary Counaes nenlicarion thar your rivance hs hecn dismixsed. The appcal mast De subminial direaly 1 BODA (en to the Chief Discipfinary Counsel) widlin 50 days from norificstion sf the dismissal. BODA will independendy revies yonr ErcVaIE ns deccmine wherker ir sEaTeS a potential violatinn of the crhius rles. HBODAgIIRT the appeal and reverses the cassitication dension, rhe gricsanur 1s referret back to the Chief Disciplinay Cousel for invesigason. agaMampalwy BODA, you may amendl and: ler fih: yu.sr grievance ans rmc ohly bys sulsiting nw or addirional intormation, AS in the Whot happens if my grievonce does slate oniy: dossification stage? precding seution. arule violation? Fromi this per forwand. your gnevance willl he handic by the Regional Oflice uf Chiel Disciplinay Counsdl rhat has appropriarc jurisdic Tion in accordance with Rule 2.11 uf che Texas Rules of Disciplinary Procciure. This will he cirher m Ausrin. Dallas, Hloustan, or San Aurons. Von will receive notification of where yunr jrivance willl be handiala and whorocomactify youhave Acopys of) yeur complaint ksents 5o dc lawyer wwhoiss che suhjt of the comphint, wirh smctons 00 submsir a wriucn response to che complaint 10 the Chief Dixciplmary Coansel wihin thiry days. Thc Chich Disciplinary Counsei will then cunduct an nvestigatton of the maccer over thz nesE sixty, days. reviewing l of the information reccived froizi th complaining pany and che sccsed lavryer and: uny: additicnal mfermaxion gathcred in order I dermie whethet thess is sufliciene Case n belicw rhat prekssinal misconduct uccarred. This is teferred 0 3S the Just Cause" investigatiun. Prior 10 the finding uf josE CAuse, your Bricvance my he set for an Invesrignay lening before fncal Grievance Conmminee Panel. fal haaring is sct, yor will he wnl :o panticipe in the Imsestiparuy Tering. le is passibke dar vour grievnce will be resolved throaph the Investigstoy Haaring proress. The investigation of the cumplaine will rake place n the Retional Ollice af rhe Chict Disciplinry Counsil having ahuriy wver the mgion In whic thg allegei Wiat happens diter the just couse investigation I pour gesane 15 nut nsolvid rinmgh the Invstigatory Heariag process, and the Chef Dissiplisary Connsel condudes thar ther is Rust LausE theliew psofesvional misconduct. oncuind. the lawyer i notitied of what xonducr is complainad abour and whar crhical rulcs are liegedtaluve been violared. The lavyer is givens a choiced of whether solavea panclola gicso Cammnnuce on a district julge hear thecase Ap pauti ix then liled withe cither an Fvitentiaty Pancl oradistricts court by dhe ChiefDsciplinay Comsl on bchalt of is cliens, dhe Comnission for Lasvyer Disciphne. The aas: wll then he ser fot irial cither hefone an Exiennury Panels ofa grivance committeor What hoppens if my comploint proceeds to on Anj Fvidentiary Pandi is apand ufas rievance comintce composed of lawysr membors and IRBI lwyer members questions. missondac occred. isc completed? adistrice court. evidentiory hearing? who hcar and consider thes evaicnce And decide whether che lwyer has commined prokssional miscanduct. The sdmission d: asdusinn of evideuce shall he in thc dixcretion nf che Evidentiary Pancl chair, Afta conducting the hearing. the Evidentiaty Pandwill ISe ajudgent ofi is decision within 30 layss 0B whehcror not the lawyt is fonnd a have committ, prufessional mivconduas. Afl parries are meritied of de Tvidentiry Canl lo appen! aA Evidenfiory Panel's decision ifldon't Nu. Fwidmiary decisions are nor appesabi by dhe What happens if my complaint proceeds to tridk Fvidence in * districr court trial nay inslude you iestimony she lawyors westinony and possibly de estamony uf aiditional winses in aliion to ay douumtol evidena subminc 3 the cur. Ther rrisl court will emer judgnent aher de duse of viderenr alier rhe remni of thej jury's vnct Ifld disagree with the result reached ut 0 distrid courf trici, can I appea!? No. Diuice coirt decisinns are not appohble by the complainant. What hoppens if jusi (ause is not found? IFthe Chict Disciplinary Counsci concluder dhar hist vanse ducs hor csisti il bcheverhat the lawyer commind professional misconducr, thc MALET is puesented to a Summary Disposition Pancl wili a icinmendanon that dc complaint shonid! he dismissed. Neither, your mor the lawyer has chs righr RS ppear before the Summary Dispasition Pmel. The Punel revRews the complai, togcther wirh any information, documenss. and evidence deemed Hecessary ts i fa make is uling, Ner tstinsony is taken ar the hcazing. m the Bancl determines the dismissl is apprpriate. all patics aRC notifed. Therci is neappeal from determinacion by the summay Diposition Panel rhat the complainr shonld Pancis decision. agree with if? complainant. ind disiric court? procoed or he dismissed. What is a Summary Dispesilion Pone! Gnd whoi is on ? The: Summay Dapositin Pamdkapndufa, grievance commine: rhat is sesponsthle for deciding whctho * cumplaint sirotid he dismissed bascd upon the recommedation ef the Chiflisciplinary Caunsd or sironld pancced. Sace Bar grievance commirtees ane compesed of valunner laveyers and members of te public whe serve in 49 diciplinary disincis ATR the state. Fach committre is composed of 23 lawyer aibets and 13 public. mcbers. The comminees MeT in pancis thr ae akso 2)3 lawyer members and 15 How wilil Iknow whal hoppens wilh the grievance You will recive mification in wring hoi thre SERIS of your gricvance throaghouc the pievance press. What hoppens lo lovyers who hove heen found guily of Tlat laswyer my, scive nne nr more of the fallowing saciiuns, depending mpon the severiy of dhecave: UA reprimsnd. whch may be public or prae; 2) sapension hom the pracricentlaw all ar part of whch may be phaed; ot S4ianent. Any public sincrien AuoIy rccies ft professional miscendt will hecome, a permanent part of thes stomeyk recont. Does the Stole Bor offer any ather Gvenue of recourse for € complainant who has a dispute with a lawyer thati is not resolved fhrough the atlorney disciplinarys syslem? Tassibly, Ac any SEg of chc grevance procrss AE whicha complainants grievance is disnised. the matrer is Mmltavalunay medtion and dipure resplutien procedure called dhe Clic Auorey Assistance Pragnm." Should tni occ. you wil he prmdet Surther informution abeut thas progn. Con anything he done for dients whose money hos been stolen by their altorney? Ves. The Cliene Secuny Fand is a discretionary fund maintainadhy the Scacel Bar thar may provide some rdicf to clients under cmin cicumstances. In order to seck public menbers. thatlfile? professional mistondud? relief, application mnust be made with the Fund and the applicanc must have participaicd in rhe attorney discipline process (unless chel lawyer is alrcady deceased, disharred or resigned, or is on an indefmste disability suspcnsion prior to complction of the applicants complainc againsc dhe lawyer). Under cerrain circumstances. clicnts may be dligible for financial relicf from this source. The Clicnc Securicy Fund docs not address leyal malpractice damages, disputes over the amount charged for legal services. dissatisfaction with che ourcume achicved by the lawyer, or recuvery of monics paid by another lawyer for work that was not donel by the lawyer complained about. Whati iflbelieve that I hove 0 daim for legal maprodice? Ncither the Statc Bar nor che Chiclt Disciplirary Counsel G advise you regarding what chims, if any you may have fot leal nalpractice. The State Bar does not have any abiliry top pursue ori m: any fashion hecomei involvedin wharcver dlins you my have with regard to legal malpracticc on the part of the lawyer. If you bclicve you have such a daim, you should seck advice Irem à pivare Who dol lconlact iflhave other questions aboul the liyoul have questions prior w tlang a grievance, please call the Grievance Information Helpline toll-free at 1-800-932-1900. # you have questions after you have filed a gricvance, plcase call the Chicl Disciplinary Comsdsolfice: ac 866-224-5 5999. lawyer of your choosing disciplinary process? 43395 /i9 CITY OF FLATONIA Agenda Summary Form Agenda # Title: DA2.1-2022.2 Consider and take appropriate action on Resolution 2022-01-02, City Manager as the authorized official for the CV Coronavirus Emergency Supplemental Funding Program Grant. Summary: Option(s): a Imove to make the motion to approve Resolution 2022-01-02 to make the city manager the authorized official for the CV Coronavirus Emergency Supplemental If you are opposed to not 2nd or make any motion. If a motion is not made, the Funding Program Grant. item is dead. Kocian: Steinhauser: Eversole: Mayor: Sears: Geesaman: "Negative" motions are generally not permitted. To dispose of a business item, the motion shouid be phrased as a positive action to take, and then, if the group desires not to take this action, the motion should be voted down. The exception to this rule is when a governing body is asked to take action on a request and wishes to create a record as to why the denial is justified. RESOLUTION2 2022-01-02 WHEREAS, The City of Flatonia finds it in the best interest of the citizens of Flatonia, that the CV- Coronavirus Emergency Supplemental Funding Program Grant Application be operated for the 2021; WHEREAS, City of Flatonia agrees to provide applicable matching funds for the said project as required by the the CV-Coronavirus Emergency: Supplemental Funding Program grant application; and WHEREAS, City of Flatonia agrees that in the event of loss or misuse of the Office of the Governor funds, City of Flatonia assures that thet funds will be retumed tot the Office oft the Governor int full. WHEREAS, City of Flatonia designates City Manager as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of NOW THEREFORE, BE IT RESOLVED that City of Flatonia approves submission of the grant and the applicant agency. application for the. Signed by: Passed and Approved this Grant Number: 4155901 (Name of Project) to the Office of the Govemor. (Day) of (Month), (Year) Sonya Bishop City manager City of Flatonia Catherine Steinhauser Mayor Pro Tem City of Flatonia 00G Sample Resolution Page 1of1 CITY OF FLATONIA Agenda Summary Form Agenda # Title: DA2.1-2022.3 Consider and take appropriate action on Resolution 2022-01-03, City Manager as the authorized official for the Patrol Vehicle Grant. Summary: Option(s): Imove to make the motion to approve Resolution 2022-01-03 to make the city Ify you are opposed to not 2nd or make any motion. Ifa motion is not made, the manager the authorized official for the Patrol Vehicle Grant. item is dead. Kocian: Steinhauser: Eversole: Mayor: Sears: Geesaman: "Negative" motions are generally not permitted. To dispose of a business item, the motion should be phrased as a positive action to take, and then, if the group desires not to take this action, the motion should be voted down. The exception to this rule is when a governing body is asked to take action on a request and wishes to create a record as to why the denial is justified. RESOLUTON2022-01-03 WHEREAS, The City of Flatonia finds it in the best interest of the citizens of Flatonia, that the Patrol WHEREAS, City of Flatonia agrees to provide applicable matching funds for the said project as required WHEREAS, City of Flatonia agrees that in the event of loss or misuse of the Office of the Govemor funds, City of Flatonia assures! that thet funds willb be returned to the Office of the Governor int full. WHEREAS, City of Flatonia designates City Manager as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter ort terminate the grant on behalf of NOW THEREFORE, BE IT RESOLVED that City of Flatonia approves submission of the grant Vehicle Grant be operated for the 2022; and by the DJ-Edward Byme Memorial Justice Assistance grant application; and the applicant agency. Signed by: Passed and approved this Grant Number: 4215701 application for the Patrol Vehicle Grant to the Office oft the Governor. (Day) of (Month), (Year) Sonya Bishop Catherine Steinhauser Mayor Pro Tem City! Manager City of Flatonia Texas 00G Sample Resolution Page 1of1 CITY OF FLATONIA Agenda Summary Form Agenda # Title: DA2.1-2022.4 Consider and take appropriate action on appointing Goldman, Hunt & NotzL.L.P. to conduct the 2021-year end audit. Summary: Thisi isr required for the: audit firmt toc conduct the 2021 audit. Option(s): D Imove to make the motion to appoint the Goldman, Hunt & Notz L.L.P. to Ify you are opposed to not 2nd or make any motion. If a motion is not made, the conduct the 2021-year end audit. item is dead. Kocian: Steinhauser: Eversole: Mayor: Sears: Geesaman: "Negative" motions are generally not permitted. To dispose of a business item, the motion should be phrased as a positive action to take, and then, if the group desires not toi take this action, the motion should be voted down. The exception to this rule is when a governing body is asked to take action on a request and wishes to create a record as to why the denial is justified. Goldman, Blunt & Notz, L.L.P. Certified Public Accountants DONALD G. GOLDMAN, CPA D. DALE HUNT. CPA JAMIE K. NOTZ, CPA, CVA* "CERTIFIED VALUATION ANALYST MEMBERS OF: AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS TEXAS SOCIETYOF CERTIFIED PUBLIC ACCOUNTANTS KEITH H. coX, CPA, CISA' STEPHANIE S. KOCH, CPA TREYA. PARMA. CPA CERTIFIED NFORMATION SYSTEMS AUDITOR December 6, 2021 To City Council and City! Manager City of Flatonia, Texas 125 E. South Main Street P. 0. Box: 329 Flatonia, Texas 78941 We are pleased to confirm our understanding of the services we are to provide City of Flatonia, Texas (City) for the year ended September 30, 2021. We will audit the financial statements of the governmental activities, the business-type activities, and the aggregate remaining fund information, including the related notes to the financial statements, which collectively comprise the basic financial statements of the City as of and for the year ended September 30, 2021. Accounting standards generally accepted in the United States of America provide for certain required supplementary information (RSI), such as managements discussion and analysis (MD&A), to supplement the City's basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental. Accounting Standards Board who considers it to be an essential part off financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because thel limited procedures do not with sufficient evidence to express an opinion or provide any assurance. The following RSI is required provide by U.S. generally accepted accounting principles and will be subjected to certain limited procedures, but will not be RSI in City's accordance with auditing standards generally accepted in the United States of America. These limited us audited: 1) Management's Discussion and Analysis 2) Budgetary Comparison Schedules 3) GASB-Required Supplementary Pension 4) Other Post-Employment Benefit Information any assurance on that other information: The following other information accompanying the financial statements will not be subjected to the auditing procedures applied in our audit of thei financial statements, and our auditor's report will not provide an or opinion 1) Combining Balance Sheet - Nonmajor Governmental Funds 2) Combining Statement of Revenues, Expenditures, and Changes in Fund Balances - Nonmajor Governmental Funds TELEPHONE 1361) 573-2471 FACSIMILE 1361 575-0444 5606 NORTH NAVARRO STREET. SUITE 309 VICTORIA. TEXAS 77904-1770 EMAIL: ghnotisd.net City Council and City Manager City of Flatonia, Texas Audit Objective December 6, 2021 Page 2 The objective of our audit is the expression of opinions as to whether your financial statements are presented, all material respects, in conformity with generally accepted accounting principles and to report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America and wil include tests of the accounting records and other our audit of the City's financial statements. Our report will be addressed to the City Council of Flatonia, Texas. We cannot provide assurance that unmodified opinions will be expressed. Circumstances may arise in which it is necessary for us to modify our opinions or add emphasis-of-matter. or other-matter paragraphs. If our opinions are other than unmodified, we will discuss the reasons with you in advance. If circumstances occur related to the condition of! your records, the availability of sufficient, appropriate audit evidence, or the existence of a significant risk of material misstatement of the financial statements caused by error, fraudulent financial reporting, or misappropriation of assets, whichi in our professional judgment prevent us from completing the audit or forming an opinion on the financial statements, we retain the right to take any course of action permitted by professional standards, including declining to express an opinion or issue ar report, or withdrawing from the engagement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the government or to acts by management or employees acting on behalf of the government. Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us, even though the audit is properly planned and performed in accordance with U.S. generally accepted auditing standards. In addition, an audit is not designed to detect immaterial misstatements, or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. Our responsibility: as auditors is limited to the period covered by our audit and does not Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and may you for responding to this inquiry. At the conclusion of our audit, we will require certain written Our audit willi include obtaining an understanding of the government and its environment, including internal control, sufficient to assess the risks of material misstatement of thet financial statements and to design the nature, timing, and extent of further audit procedures. An audit is not designed to provide assurance on internal control or to identify deficiencies in internal control. Accordingly, we will express no such opinion. However, during the audit, we will communicate to management and those charged with governance of the group-wide related matters that in fairly procedures consider we necessary to enable us to express such opinions. We will issue a written report upon completion of Audit Procedures--General extend to any later periods for which we are not engaged as auditors. bill they representations from you about thet financial statements and related matters. Audit Procedures-Iinterna. Control are required to be communicated under AICPA professional standards. City Council and City Manager City of Flatonia, Texas December 6, 2021 Page 3 Audit Procedures-Complance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City's compliance with the provisions of applicable laws, regulations, contracts, and agreements. However, the objective of our audit will not be to provide an opinion on overall We will also suggest adjusting journal entries to record accruals at September 30, 2021, and prepare the basic financial statements and related notes, required supplementary information, and other information of the City in conformity with U.S. generally accepted accounting principles based on information provided by you. We will perform the services in accordançe with applicable professional standards. The other services are limited to the financial statement services previously defined. We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could be construed as assuming management responsibilities. Management is responsible for designing, implementing, and maintaining effective internal controls relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error, including monitoring ongoing activities; for the selection and application of accounting principles; and fort the preparation and fair presentation of thet financial statements in conformity with U.S. generally accepted Management is also responsible for making all financial records and related information available to us and for the accuracy and completeness of that information. You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, including identification of all related parties and all related-party relationships and transactions, within the government from whom we determine it necessary to obtain audit evidence, and (4) unrestricted access (or arrangements to facilitate access) to component information, instructions issued by group management to components related to the consolidation process, and persons at components (including management and those Your responsibilities include adjusting the financial statements to correct material misstatements and confirming tou us in the management. representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowiedge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, regulators, or others. In addition, you are responsible for identifying and ensuring that the You are responsible for the preparation of the supplementary information in conformity with U.S. generally With regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the You agree to assume all management responsibilities for financial statement preparation services and any other nonattest services we provide; oversee the services by designating an individual with suitable skill, knowledge, or experience; evaluate the adequacy and results of the services; and accept responsibility for them. compliance and we will note express such an opinion. Other Services Management Responsibilities accounting principles. information (2) additional that we may request for the purpose of the audit, and (3) unrestricted access to persons charged with governance). int the aggregate, to thei financial statements of each opinion unit taken as a whole. government complies with applicable laws and regulations. accepted accounting principles. consistency of other information in the electronic site with the original document. City Council and City Manager City of Flatonia, Texas December 6, 2021 Page 4 In connection with this engagement, we may communicate with you or others via email transmission. As emails can bei intercepted and read, disclosed, or otherwise used or communicated by an unintended third party, or not be delivered to each of the parties to whom they are directed and only to such parties, we cannot guarantee may or warrant that emails from us will be properly delivered and read only by the addressee. Therefore, we specifically disclaim and waive any! liability or responsibility whatsoever for interception or unintentional disclosure ofe emails transmitted by us in connection with the performance oft this engagement. In that regard, you agree that we shall have no liability for any loss or damage to any person or entity resulting from the use of email transmissions, including any consequential, incidental, direct, indirect, or special damages, such as loss of revenues or anticipated profits, or disclosure or communication of confidential or propnetay'ntormation. You may request that we perform additional services not addressed in this engagement letter. If this occurs, we will communicate with you regarding the scope of the additional services and the estimated fees. We also may issue a separate engagement letter covering the additional services. In the absence of any other written communication from us documenting such additional services, our services will continue to be governed by the We may from time to time and depending on the circumstances, use third-party service providers in serving your account. We may share confidential information about you with these service providers, but remain committed to maintaining the confidentiality and security of your information. Accordingly, we maintain internal policies, procedures, and safeguards to protect the confidentiality of your personal information. In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information and we will take reasonable precautions to determine that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. In the event that we are unable to secure an appropriate confidentiality agreement, you will be asked to provide your consent prior to the sharing of confidential information with the third-party service provider. Furthermore, we will remain responsible for the work your We will schedule the engagement based in part on deadlines, working conditions, and the availability of your key personnel. We will plan the engagement based on the assumption that your personnel will cooperate and provide assistance by performing tasks such as preparing requested schedules, retrieving supporting documents, and preparing confirmations. If, for whatever reason, your personnel are unavailable to provide the necessary assistance in a timely manner, it may substantially increase the work we have to do to complete the engagement The audit documentation for this engagement is the property of Goldman, Hunt & Notz, L.L.P. and constitutes confidential information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely manner to federal and state grantor agencies or its designee. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Goldman, Hunt & Notz, L.L.P. personnel. Furthermore, upon request, we may provide copies of selected audit documentation to federal or state grantor agencies or its designee. The federal or state grantor agencies or its designee may intend or decide to distribute the copies or Jamie K. Notz, CPA is the engagement partner and is responsible for supervising the engagement and signing Our fee for these services will be at our standard hourly rates plus out-of-pocket costs (such as report reproduction, word processing, postage, travel, copies, telephone, etc.). Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to for these fees may be rendered periodically as work progresses and are payable on presentation. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report. You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected Engagement Administration, Fees, and Other terms of this engagement letter. provided by any such third-party: service providers. within the established deadlines, resulting in an increase int fees. information contained therein to others, including other governmental agencies. the report or authorizing another individual to sign it. audit. Our your invoices circumstances will not be encountered during the audit. City Council and City Manager City of Flatonia, Texas December 6, 2021 Page 5 We appreciate the opportunity to be of service to the City and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. Ify you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Our audit engagement ends on delivery of our audit report. Anyf follow-up services that might be required will be a separate, new engagement. The terms and conditions of that new engagement will be governed by a new, specific engagement letter for that service. Very truly yours, Veliman un147ch Goldman, Hunt & Notz, L.L.P. RESPONSE: This letter correctly sets forth the understanding of City of Flatonia, Texas. Management signature: Title: Date: Governance signature: Title: Date: Goldman, Blunt 8 Notz, L.L.P. Certified Public Accountants DONALD G. GOLDMAN. CPA D. DALE HUNT, CPA JAMIE K. NOTZ. CPA, CVA" CERTIFIED VALUATION ANALYST MEMBERS OF: AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS TEXAS SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS KEITH STEPHANIE H. coX, CPA, CISA' TREYA. S. PARMA. KOCH, CPA CPA CERTIFIED NFORMATION SYSTEMS AUDITOR December 6, 2021 To City Council and City! Manager City of Flatonia, Texas 125 E. South Main Street P. O. Box 329 Flatonia, Texas 78941 We are pleased to confirm our understanding of the services we are to provide City of Flatonia, Texas the year ended September 30, 2021. We will audit the financial statements of the governmental activities, (City) for business-type activities, and the aggregate remaining fund information, including the related notes to the financial the statements, which collectively comprise the basic financial statements of the City as of and for the year ended September 30, 2021. Accounting standards generally accepted in the United States of America certain required supplementary information (RSI), such as management's discussion and analysis (MD&A), provide for to supplement the City's basic financial statements. Such information, although not a of the statements, is required by the Governmental Accounting Standards Board who considers part itt to be basic essential financial of financial reporting for placing the basic financial statements in an appropriate operational, an historical context. As part of our engagement, we will apply certain limited procedures to the economic, or accordance with auditing standards generally accepted in the United States of America. These City's RSI limited in procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our statements, and other knowledge we obtained during our audit of the basic financial inquiries, statements. basic We financial express an opinion or provide any assurance ont the information because the limited procedures with sufficient evidence to express an opinion or provide any assurance. The following RSI is do not provide us generally accepted accounting principles and will be subjected to certain limited part the will not required by U.S. procedures, but will not be audited: 1) Management's Discussion and Analysis 2) Budgetary Comparison Schedules 3) GASB-Required Supplementary Pension 4) Other Post-Employment Benefit Information any assurance on that other information: The following other information accompanying the financial statements will not be subjected to procedures applied in our audit of the financial statements, and our auditor's report will not provide an the auditing opinion or Governmental 1) Combining Balance Sheet- - Nonmajor Governmental Funds 2) Combining Statement of Revenues, Expenditures, and Changes in Fund Balances - Funds Nonmajor TELEPHONE +361) 573-2471 FACSIMILE (361) 575-0444 5606 NORTH NAVARRO STREET. SUITE 309 VICTORIA. TEXAS 77904-1770 E.MAIL: ghn@tisd.net City Council and City Manager City of Flatonia, Texas Audit Objective December 6, 2021 Page2 2 The objective of our audit is the expression of opinions as to whether your financial statements are presented, in all material respects, in conformity with generally accepted accounting principles and to fairly the fairness of the supplementary information referred to in the second paragraph when considered in report on the financial statements as a whole. Our audit will be conducted in accordance with auditing standards relation to accepted in the United States of America and will include tests of the accounting records and other generally we consider necessary to enable us to express such opinions. We will issue a written report our audit of the City's financial statements. Our report will be addressed to the City Council upon of completion of We cannot provide assurance that unmodified opinions will be expressed. Circumstances may arise Flatonia, in which Texas. iti necessary for us to modify our opinions or add emphasis-ol-matter or other-matter paragraphs. If our are other than unmodified, we will discuss the reasons with youi in advance. If Circumstances occur opinions condition ofy your records, the availability of sufficient, appropriate audit evidence, or the existence of related a tot the risk of material misstatement of the financial statements caused by error, fraudulent financial significant or misappropriation of assets, which in our professional judgment prevent us from completing the audit or reporting, opinion on the financial statements, we retain the right to take any course of action permitted forming an standards, including declining to express an opinion ori issue a report, or withdrawing from the engagement. by professional An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined areas to be tested. An audit also includes evaluating the appropriateness of accounting policies reasonableness of significant accounting estimates made by management, as well as evaluating used the and overall the presentation of the financial statements. We will plan and perform the audit to obtain reasonable assurance whether the financial statements are free of material misstatement, whether from (1) errors, financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental attributable to the government or to acts by management or employees acting on behalf of the regulations government. that are Because of the inherent limitations of an audit, combined with the inherent imitations of internal because we will not perform a detailed examination of all transactions, there is a risk that material misstatements control, and may exist and not be detected by us, even though the audit is properly planned and performed in accordance U.S. generally accepted auditing standards. In addition, an audit is not designed to detect immaterial with misstatements, or violations of laws or governmental regulations that do not have a direct and material the financial statements. Our responsibility as auditors is limited to the period covered our audit effect on Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables other assets and liabilities by correspondence with selected individuals, funding sources, institutions. We will request written representations from your attorneys as part oft the engagement, creditors, and and financial bill you for responding to this inquiry. At the conclusion of our audit, we will require certain they written may representations from you about the financial statements and related matters. Our audit willi include obtaining an understanding of the government: and its environment, sufficient to assess the risks of material misstatement of the financial statements and to including the and extent of further audit procedures. An audit is not designed to provide assurance design on internal nature, control timing, identify deficiencies in internal control. Accordingly, we will express no such opinion. However, we will communicate to management and those charged with governance of the group-wide related during matters the audit, that procedures is Audit Procedures--General and the about (2) fraudulent extend to any later periods for which we are not engaged as auditors. by and does not and certain Audit Procedures-Iinternal Control internal control, or to are required to be communicated under AICPA professional standards. City Council and City Manager City of Flatonia, Texas December 6, 2021 Page 3 Audit rocedures-Complance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City's compliance with the provisions of appliçable contracts, and agreements. However, the objective of our audit will not be to provide an opinion laws, regulations, on overall compliance and we will not express such an opinion. Other Services We will also suggest adjusting journal entries to record accruals at September 30, 2021, and financial statements and related notes, required supplementary information, and other information prepare of the the basic conformity with U.S. generally accepted accounting principles based on information provided perform the services in accordance with applicable professional standards. The other services by you. financial statement services previously defined. We, in our sole professional judgment, reserve the are right limited to refuse to the top perform any procedure or take any action that could be construed as assuming management responsibilities. Management is responsible for designing, implementing, and maintaining effective internal controls relevant to preparation and fair presentation of financial statements that are free from material misstatement, whether the fraud or error, including monitoring ongoing activities; for the selection and application of accounting due to and for the preparation and fair presentation of thei financial statements in conformity with U.S. generally principles; Management is also responsible for making all financial records and related information available to us andi fort accuracy and completeness of that information. You are also responsible for providing us information of which you are aware that is relevant to the preparation and fair presentation with (1) of the access to all statements, including identification of all related parties and all related-party relationships and additional information that we may request for the purpose of the audit, and (3) unrestricted access transactions, to (2) within the government from whom we determine itr necessary to obtain audit evidence, and (4) unrestricted persons access (or arrangements to façilitate access) to component information, instructions issued by group management components related to the consolidation process, and persons at components (including management and those to Your responsibilities include adjusting the financial statements to correct material misstatements and to us int the management representation letter that the effects of any uncorrected misstatements during the current engagement and pertaining to the latest period presented are immaterial, both aggregated byus in the aggregate, to the financial statements of each opinion unit taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect for informing us about all known or suspected fraud affecting the government involving employees who have significant roles in internal control, and (3) others where the fraud could (1) management, have a material (2) effect on thei financial statements. Your responsibilities include informing us of your knowledge of of fraud or suspected fraud affecting the government received in communications from employees, any allegations former employees, regulators, or others. In addition, you are responsible for identifying and You are responsible for the preparation of the supplementary information in conformity with U.S. generally With regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the You agree to assume all management responsibilities for financial statement preparation services nonattest services we provide; oversee the services by designating an individual with suitable skill, and any other experience; evaluate the adequacy and results of the services; and acceptr responsibility for them. knowledge, or We City in will Management Responsibilities accounting principles. accepted the financial charged with governance). confirming individually and and fraud, government complies with applicable laws and regulations. ensuring that the accepted accounting principles. consistency of other information in the electronic site with the original document. City Council and City Manager City of Flatonia, Texas December 6, 2021 Page 4 Inc connection with this engagement, we may communicate with you or others via email transmission. As emails can bei intercepted and read, disclosed, or otherwise used or communicated by an unintended third party, or not be delivered to each of the parties to whom they are directed and only to such parties, we cannot guarantee may or warrant that emails from us will be properly delivered and read only by the addressee. Therefore, we specifically disclaim and waive any liability or responsibility whatsoever for interception or unintentional disclosure ofe emails transmitted by us in connection with the performance of this engagement. In that regard, you agree that we shall have no liability for any loss or damage to any person or entity resulting from the use of email transmissions, including any consequential, incidental, direct, indirect, or special damages, such as loss of revenues or anticipated profits, or disclosure or communication of confidential or proprietaryi information. You may request that we perform additional services not addressed in this engagement letter. If this occurs, we will communicate with you regarding the scope of the additional services and the estimated fees. We also issue a separate engagement letter covering the additional services. In the absence of any other written may communication from us documenting such additional services, our services will continue to be governed the Wer may from time to time and depending on the circumstances, use third-party service providers in account. We may share confidential information about you with these service providers, but remain committed serving your to maintaining the confidentiality and security of your information. Accordingly, we maintain internal policies, procedures, and safeguards to protect the confidentiality of your personal information. In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information and we will unauthorized release of your confidential information to others. In the event that we are place unable to prevent secure the an appropriate confidentiality agreement, you will be asked to provide your consent prior to the sharing of confidential information with the third-party service provider. Furthermore, we will remain responsible for the work your We will schedule the engagement based in part on deadlines, working conditions, and the availability of your key personnel. We will plan the engagement based on the assumption that your personnel will cooperate and provide assistance by performing tasks such as preparing requested schedules, retrieving supporting documents, and preparing confirmations. If, for whatever reason, your personnel are unavailable to provide the assistance in at timely manner, it may substantially increase the work we have to do to complete the engagement necessary The audit documentation for this engagement is the property of Goldman, Hunt & Notz, L.L.P. and constitutes confidential information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely manner to federal and state grantor agencies or its designee. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Goldman, Hunt & Notz, L.L.P. personnel. Furthermore, upon request, we may provide copies of selected audit documentation to federal or state grantor agencies or its designee. The federal or state grantor agencies or its designee may intend or decide to distribute the copies or Jamie K. Notz, CPA is the engagement partner and is responsible for supervising the engagement and signing Our fee for these services will be at our standard hourly rates plus out-of-pocket costs (such as report reproduction, word processing, postage, travel, copies, telephone, etc.). Our standard hourly rates vary according tot the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees may be rendered periodically as work progresses and are payable on presentation. Ifwe elect to terminate our services for nonpayment, our engagement will be deemed to have been completed written notification of termination, even if we have not completed our report. You will be obligated to compensate upon us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected Engagement Administration, Fees, and Other terms of this engagement letter. by take reasonable precautions to determine that they have appropriate procedures in to provided by any such third-party: service providers. within the established deadlines, resulting in an increase in fees. information contained therein to others, including other governmental agencies. the report or authorizing another individual to signi it. circumstances will not be encountered during the audit. City Council and City! Manager City of Flatonia, Texas December 6, 2021 Page5 5 We appreciate the opportunity to be of service to the City and believe this letter accurately summarizes the significant terms of our engagement. lfyou have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us, Our audit engagement ends on delivery of our audit report. Any follow-up services that might be required will be a separate, new engagement. The terms and conditions of that new engagement will be governed by a new, specific engagement letter for that service. Very truly yours, oldnun Aunt47ph Goldman, Hunt & Notz, L.L.P. RESPONSE: This letter correctly sets forth the understanding of City of Flatonia, Texas. Management signature: COPY Title: Date: Governance signature: COPY Title: Date: CITY OF FLATONIA Agenda Summary Form Agenda # Title: DA2.1-2022.5 Consider and take appropriate action on the city not reporting an the Comptroller that would implement a Type B EDC Sales Tax in the city. Summary: Russell Gallahan, Notes: 2017 When EDC was created, the elections results and documentation" was nots submitted to the" Texas State Comptrollers offices per This came to the attention oft the city manager by the Interim City Altorey, Barbara Wells on January 26, 2022. Mr. Russell Gallahan confirmed viae email that the city failedt tos submit documentation tot the1 Texas State Comptrollers offices ofthec creation ofa an EDC. Sonya Bishop and Cheryl Sedlar worked diligently trying to locate records oft the 2017 election and documents required for the EDC. (Resulting in other challenges fort the city being discovered). We were able to locate some files, however the official election results were not located. Sonya Bishop submitted the documents found to Aubrey Mashburn. Ms. Mashburn confirmed shel has filed the documents and will: notify the city ifr more documentation is required. Option(s): - Imove to make the motion to have these reports filed by the City Secretary If you are opposed to not 2nd or make any motion. If a motion is not made, the annually as required by state law. item is dead. Kocian: Steinhauser: Eversole: Mayor: Sears: Geesaman: "Negative" motions are generally not permitted. To dispose of a business item, the motion should be phrased as a positive action to take, and then, if the group desires not to take this action, the motion should be voted down. The exception toi this rule is when a governing body is asked to take action on a request and wishes to create a record as to why the denial is justified. DAZ12022.6NOTES ANDDOCUMENTATION Flatonia City Manager From: Sent: To: Subject: Flatonia City Manager Wednesday, January 26, 2022 5:46 PM Chery! Sedlar FW:. Jan 2022 Agenda From: Barbara Boulware-Wells Barbara@ctyattorneytexas.com> Sent: Wednesday, January 26, 20222:45PM To: Flatonia City Manager Managerediatomatkuy Subject: RE: Jan 2022 Agenda The type of project is not: something that is problematic but, as youl know, they, as a Type B, are not allowed to undertake: a project that has not been budgeted for ori ifr not budgeted, had a public hearing on with them and the City Bytheway.Ididi not locate where the Flatonia EDC had ever filed its Economic Development Corporation report with the Comptroller - are you aware whether they ever did or not? Type A and Type B need to file by Feb 1, each year. Council. Barbara Boulware-Wells, Principal The Knight Law Firm, LLP Attorneys at Law Executive Office Terrace 223 West Anderson Lane, Suite A-105 Austin, Texas 78752 512.323.5778 Office 512.323.5773- Fax 512.771.7171 - Cell 1.800.603.0967 -Toll Free CONFIDENTIALITY NOTICE: The information contained in or attached to this message isaconfidential, attorney-client privileged communication. This email message is covered by the Electronic Communications: Privacy Act, 18 U.S.C. Sec. 2510-2521 and is legally privileged. Ifthe reader ofthis message is not the intended recipient or his/her agent, you are hereby notified that youl have received this document ine error and any review, use, disclosure or distribution is strictly prohibited. Please contact 512.323.5778, or reply by email and destroy all copies of the original message. Unauthorized interception oft this email may be a violation of criminal law. THIS IS NOT A PUBLIC RECORD. From: Flatonia City Manager Menageredlstonalkup Sent: Wednesday, anuay26,20222.07PMA To: Barbara Boulware-Wells Barbara@citvattorneytexas.com> Subject: RE: Jan 2022 Agenda 1 DA2.1.2022.6 NOTES ANDDOCUMENIAION Flatonia City Manager From: Sent: To: Subject: Russell Gallahan Russel.Galahan@cpatexas.gov, Thursday, January 27, 2022 11:53AM Flatonia City Manager Economic Development Our records indicate the City of Flatonia has not reported an election to the Comptroller that would implement a Type B EDC Sales Taxi in the city. The city has never provided an Economic Development Corporation report to the Comptroller, nor reported any economic development agreement authorized by Chapter 380, LOcal Government Code. For more information on these programs, see: Atps/comptroler.tespov/eronomylecalprogramphp or htps/wwwimlr/85/8/cememicDesboyment-andbook20.0 A3 EnDats S9AS: Date Best Regards, Russell Gallahan, M.P.A. Data Analysis & Transparency Division Texas Comptroller of Public. Accounts 111 East 17th Street #427A Austin, TX 78711 Phone: (512)463-6073 Fax: (512)475-0664 Team Lead- Local Government & Economic Development DA21.2022.6NOTES AND DOCUMENTATION Flatonia City Manager From: Sent: To: Cc: Subject: Good Afternoon, Aubrey Mashburn Aubrey.Mashbumnepatexas.gov, Tuesday, February 1, 20223:03PM Flatonia City Manager Cheryl Sedlar RE: EDC Flatonia' TX l'vel logged these results for the abolishment of the: sales taxi for property tax relief andi the adoption of that 1/2%1 for EDC (Type B Corporations) sales tax. Idon't think we'llr need additional documentation but we will reach out if we do. I'm not ablet to answer your question about fines or fees forr reports not submitted as I don't receive/process those reports, but Russell Gallahan (whol Ithink you may have spoken with/been in contact with) would probably be able to answer Thank you again for sending these over, and we'll be int touch as we review and process these results in the next few your question. months. Have a good week, Aubrey Mashburn 512-463-9634 Direct 800-531-5441 ext 3-9634 From: Flatonia City Manager Menagerednatonatku Sent: Tuesday, February 1, 20221:44PM To: Aubrey Mashburn Aubrey,Masnburnerpa.texasgov> Cc: Cheryl Sedlar Cedareclstonatku Subject: FW: EDC Flatonia TX Doy you knowi if there is anything else the city needs to provide to move forward with the EDC? Also, will there be any fines for the city nots submitting the documents backi in 2017? From: Flatonia City Manager Sent: Friday, January 28, 202211:02AM To: BCMAARERAISIERA Cc: Cheryl Sedlar GedaresiPaonhku Subject: EDCI Flatonia TX Sonya Bishop MBA City Manager City Of Flatonia CITY OF FLATONIA Agenda Summary Form Agenda # Title: Consider and take appropriate action on the improper destruction of DA2.1-2022.6 city records by previous city employees. Summary: As Sonya Bishop and Cheryl Sedlar worked trying to locate important election documents from 2017. Several boxes marked "destroy 2021" was found. While searching in these boxes numerous important documents were found and refiled. Several documents had important personal information and several keys to the building doors was found. Later in the evening someone wishing to remain anonymous informed Mrs. Bishop that a current employee returned to work on a Monday to find several black garbage bags full ofs shredded items and the city sectary office to be cleaned out. This was confirmed by 1-27-221 Sonya Bishop contacted Louis Hollingsworth (city IT) to find out ift there was any possibility of restoring data that may have been deleted from the computer systems. (Hoping to find electronic copies of documents). Mr. Hollingsworth later in the day called Mrs. Bishop and connected to the former city secretary computer to confirm the computer was cleaned and the data was not able to be retrieved. Mr. Hollingsworth also explained he was directed by the former city secretary to clean the computer from the current city employees. Notes: prior city secretary and backup was not required. Option(s): D Imove to make the motion to make the city secretary the records management officer for the city of Flatonia and for the city to follow the records management Ifyou are opposed to not 2nd or make any motion. If a motion is not made, the program under the Local Government Records Act (LGRA) item is dead. Kocian: Steinhauser: Eversole: Mayor: Sears: Geesaman: "Negative" motions are generally not permitted. To dispose of al business item, the motion should be phrased as a positive action to take, and then, if the group desires not to take this action, the motion should be voted down. The exception to this rule is when a governing body is asked to take action on a request and wishes to create a record as to why the denial is justified. RECORDS RETENTION POLICY LEGALFILES Iti is the policy of the Firm to retain records in storage relating to representation of a client in a matter forap period not to exceed four (4)yearsf following the end ofther representation. Atany time after the filei is closed, the client may request the closed file bet transferred tot the client. Thei file may contain original documents which will be destroyed with the file. Clients who wish files to be retained will be charged the At the end of every year, the: attorneys will be given a list ofthose files which have been closed for ap period in excess of four (4): years. In the event the files listed for destruction need to be retained for a period longer than four (4) years, the attorney in charge of the file is to notify the Records Retention Committee that thei files should be retained and thei reasons the file: should be retained. In such event, the file storage expense. willl be retained for another four (4)y years at the client's expense. NOTIFICATION TO CLIENTS OF RECORDS RETENTION POLICY representation, efforts should be made to inform the client oft this Records Retention Policy. Upon assumption of the representation of a client in a matter and upon the conclusion of the Int the event no notificationi is received from the client that the client wants the file within thirty (30) days oft the mailing ofnotice to the client oft the Firm's record retention policy, the file willl be destroyedi in accordance with this policy. ADMINISTRATIVE FILES Itist the policy oft thel Firm to destroy administrative non-financial records after a period of two (2) years. It is the policy of the Firm to retain administrative financial records, including records relating to client billings and to bank and trust accounts, for aj period not to exceed seven (7): years at which time they willl be destroyed. PERSONALFILES It is the policy of the Firm not to store non-client files. At the end of every year any attorney or employee having personal files in Firm storage willl be given al list oft those files. Within thirty (30) days of receipt oft the list, the attorney or employee shall notify thel Records Retention Committee whether thei files are to be returned, otherwise they will be destroyed. Flatonia City Manager From: Sent: To: Subject: Flatonia City Manager Thursday, January 27, 2022 2:48PM Louis Hollingsworth computer Is there anyway of backing up the computer once used by a city secretary that may have deleted thet files? Sonya Bishop MBA City Manager City Of Flatonia 1 CITY OF FLATONIA Agenda Summary Form Agenda # DA2.1-2022.7 Street. Summary: Notes: Option(s): Title: Consider and take appropriate action on the EDC striping South Main EDC approved to have South Main Street striped. Imove to make the motion to accept the gift of striping South Main Street by the If you are opposed to not 2nd or make any motion. If a motion is not made, the EDC. item is dead. Kocian: Steinhauser: Eversole: Mayor: Sears: Geesaman: "Negative" motions are generally not permitted. To dispose of a business item, the motion should be phrased as a positive action to take, and then, if the group desires not to take this action, the motion should be voted down. The exception to this rule is when a governing body is asked to take action ona request and wishes to create a record as to why the denial is justified. CITY OF FLATONIA Agenda Summary Form Agenda # Title: Consider and take appropriate action on hiring an administrative DA2.1-2022.8 assistant for the police department. Summary: There have been many complaints about the police department not having someone at the police station to answer calls or have someone readily available at the station. Notes: With the shortage of offices the budget would allow an administrative position. Option(s): Imove to make the motion to allow the city manager to create a position for a If you are opposed to not 2nd or make any motion. If a motion is not made, the administrative assistant for the police department. item is dead. Kocian: Steinhauser: Eversole: Mayor: Sears: Geesaman: "Negative" motions are generally not permitted. To dispose of a business item, the motion should be phrased as a positive action to take, and then, if the group desires not to take this action, the motion should be voted down. The exception to this rule is when a governing body is asked to take action ona a request and wishes to create a record as to why the denial is justified. Police Department. Administrative Assistant Need/Duties There has been al longstanding expectation int the community that the door at the police department will be answered when someone walks-in or1 the phone willl be answered when someone calls. This is not possible when only police officers staff the department and results in complaints from citizens who want tol know why officers are spending "so much" time at the department and not out on patrol when officers are at the PD1 for any extended amount of time during business hours. The administrative duties that dor not require a police officer to, but currently are a major drain on police officer time and resources could also be more appropriately handied by an administrative position, just as they are in Answering the door/phone during normal business hours- ifa an officer is needed, the administrative employee could call the on-duty officer to come meet with the person requesting Letting people who need access to the building, but require an escort, into the PD- many people performing necessary: support roles need access to the building but must be escorted by state and federal requirements. This includes the cleaning crew contracted byt the City, IT support, and many others event toi include other City employees needing to attend to Placing the numerous administrative orders that are required to conduct normal business activities, this includes ordering office supplies, scheduling priter/mutt-function device service, handling phone system maintenance appointments, scheduling IT service visits, and the numerous other daily business requirements that currently require police officer time that is Assist with the overwhelming administrative reporting requirements for federal, state, and municipal entities, that do not require a police officer to compile. These include, but are not limited to, the Monthly Police Report for Council, Racial Profiling Report, Asset Forfeiture Accounting, and the monthly and yearly NIBRS Reports. All currently require police officer time Assist with responding to the multitude of ongoing Texas Public Information Act requests that currently consume extensive officer time that could be spent on supervisory duties or police Assist with record management to include maintenance of TCOLE and training files, vehicle maintenance records, requests for administrative forms, and the many other filing and record retention tasks that currently consume excessive amounts of police and supervisory time. Assisting with timecards, leave tracking, and other administrative items that need to be reported to Cityl Hall while veningngnt/opposite shift officers may not be available. There are many other tasks that arise on al less frequent or predictable basis, but that also take peace officer time away from supervising and training officers, complying with the numerous requirements that do require a peace officer, or basic police patrol/response functions. Currently, a vast amount of police officer time at both line and supervisory levelsi is spent daily completing all oft the ongoing tasks that are not related to fundamental police duties or the administration and actual operation of al law neighboring departments. The duties would include: an officer, or have the officer call the person in ai timely manner. maintenance and other issues. taken away from actual police duties. that could be spent on law enforcement duties. duties. Receiving incoming mail and sending outgoing mail. enforcement agency. CITY OF FLATONIA Agenda Summary Form Agenda # DA2.1-2022.9 Summary: Title: Consider and take appropriate action on appointing city secretary. We received a few applications, none of which has city secretary or governmental experience. One applicant was promising; however, the salary expectation was well Notes: I am confident in the abilities oft the person I ami recommending to council. Ifeel above what the city has budgeted. she will be an asset to the city. Option(s): Imove to make the motion to appoint Tamela Louvier as city secretary for the! If you are opposed to not 2nd or make any motion. Ifa motion is not made, the City of Flatonia. item is dead. Kocian: Steinhauser: Eversole: Mayor: Sears: Geesaman: "Negative" motions are generally not permitted. To dispose of a business item, the motion should be phrased as a positive action to take, and then, if the group desires not to take this action, the motion should be voted down. The exception to this rule is when a governing body is asked to take action ona request and wishes to create a record as to why the denial is justified. CITY OF FLATONIA Agenda Summary Form Agenda # Summary: Title: Consider and take appropriate action on implementation oft the Lexipol DA2.1-2022.10 LE Policy subscription for the police department During the budget process Chief Dick presented the information and this product was added to the budget. Notes: Chief will present Option(s): Imove to make the motion to purchase the Lexipol LE Policy Subscription for the Ify you are opposed to not 2nd or make any motion. Ifa a motion is not made, the police department. item is dead. Kocian: Steinhauser: Eversole: Mayor: Sears: Geesaman: "Negative" motions are generally not permitted. To dispose of a business item, the motion should be phrased as a positive action to take, and then, if the group desires not to take this action, the motion should be voted down. The exception to this rule is when a governing body is asked to take action ona request and wishes to create a record as to why the denial is justified. Flatonia City Manager From: Sent: To: Subject: ChiefLDick Friday, January 28, 2022 12:09F PM Flatonia City Manager Policy Manual mplementation/Annual License Fee Here ist the cost oft the policy manual. The implementation feei is a one-time fee the first year (along with the subscription service for that year). After that, it will only bet the ongoingsubseription. Lexipol LE Policy Subscription 1 Annual Law Enforcement Policy Manual &! Daily Training Bulletins w/Supplemental Publication Service w/ Procedures (12 USD: 7,262.00 15% USD 1,089.30 USD 6,172.70 1L Law Enforcement Accreditation Workbench Premium (12 Months) USD 1,114.00 15% USD 167.10USD946.90 Subscription Line Items Total USD 1,256.0USD7,119.60 USD 1,256.40 USD 7,119.60 Lexipol LE Policy Subscription Discount: USD 1,256.40 Lexipoll LEPolicy Subscription TOTAL:USD7119.60 implementation Services Months) 1L Law Enforcement Tierl I Implementation USD: 3,415.00 15% USD 512.25USD 2,902.75 1Law Enforcement Tier II Implementation USD: 3,108.00 15% USD 466.20USD 2,641.80 1Law Enforcement Tier IlI Implementation USD: 2,402.00 15% USD: 360.30 USD 2,041.70 1Law Enforcement Tier IV Implementation USD: 3,405.00 15% USD! 510.75 USD 2,894.25 1Law Enforcement Tier VI Implementation USD 1,715.00 15% USD: 257.25 USD 1,457.75 One-Time Line Items Total USD 2,106.75 USD 11,938.25 Implementation Services Discount: USD 2,106.75 Implementation: Services TOTALUSD11.93825 Lexipol upon the execution of this Agreement. USD: 210675USD11,93825 *Law Enforcement pricing is based on 9 Law Enforcement Sworn Officers. *The above subscription services, and when applicable, implementation services, shall be invoiced by Discount Notes 15%P1A