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08/25/2014
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CITY CLERK
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Regular Council Meeting <br />August 25, 2014 <br />Page 8 <br />County to make sure that it was independent. He said he thought that was the objective when the <br />firm was sought out at that time. Council Member Lancaster said she thought they had a <br />responsibility to follow some of the directions that the investigator found and they paid him <br />$50,000 for his opinion and he gave them some things to look at. Mayor Frierson said that was <br />one of the main objectives of a joint meeting. <br />Council Member Pickle said the reports did not mention anything that the executive <br />director did that was illegal. He also said the recommendations mentioned policies, procedures, <br />and things of that nature and there was no identification whatsoever in any of the <br />recommendations of anyone violating the law. Council Member Pickle said he thought if <br />Council would discuss this with the PEDC, they would tell Council that Defenbaugh informed <br />them there was nothing there as far as going after the executive director. Council Member Pickle <br />also said PEDC's attorney Mr. Moore said there was nothing there and the FBI has said there <br />was nothing there. Council Member Lancaster said she disagreed with Council Member Pickle's <br />interpretation. Council Member Pickle asked Council Member Lancaster when they say there is <br />nothing there how she interpreted that. <br />Council Member Lancaster said she did not say that it didn't say there was nothing there. <br />She said the report said it didn't rise to the amount, but there are a lot of witnesses who were not <br />investigated because Mr. Defenbaugh did not have subpoena power. Council Member Lancaster <br />said an outside attorney, such as the Attorney General would have subpoena power, and it would <br />clear the air forever if they have the witnesses speak. Council Member Pickle said he was afraid <br />they would be sort of look at as a conflict of interest if they got in there with the Attorney <br />General. Council Member Lancaster said she was trying to be objective. Council Member <br />Pickle said he thought they would be exposing themselves to a conflict of interest and questioned <br />why not wait until after their joint meeting. Council Member Lancaster said she was not putting <br />any particular timeline on it, but was saying they needed to have someone of the law who was <br />not touched by this investigation tell the Council what they think. Council Member Pickle said <br />that was why they picked Defenbaugh. Council Member Lancaster said Defenbaugh did the <br />investigation, but the Attorney General would say whether or not this was against the law. <br />Council Member Pickle said a former Assistant Attorney General said no violations occurred. <br />Council Member Hashmi stated that he did not use the words criminal or against the law or any <br />of that and that was what Council Member Pickle was saying. Council Member Hashmi <br />reiterated that he did not say any of that; that he did not say it was against the law or not against <br />the law. He said he was only saying to let the Comptroller or the Texas Attorney General, who <br />knows the law completely, to review it to determine if there were transgressions. Council <br />Member Hashmi pointed out that this should be treated the same as when Council Member <br />Pickle pointed out to Jason Rogers that he spent more money on renting a Cadillac compared to <br />what he could have rented. Council Member Pickle said he did not turn something like that over <br />to the Attorney General. Council Member Hashmi inquired of Council Member Pickle whether <br />he brought it to the Council's attention or not and Council Member Pickle answered in the <br />affirmative. Council Member Hashmi said this matter was more than what they could think or <br />see to determine if there was transgression, and if there was no transgression then there was no <br />reason to worry about it. Council Member Pickle questioned if PEDC should make this decision. <br />Council Member Hashmi said it was not a PEDC question, because the Council ordered the <br />
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