Commissioners Court 6/15/04, Item 22

Travis County Commssioners Court
June 15, 2004

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Item 22

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Morning Discussion

Now, there is some good news and some bad news for those who are not here on item 22 but on some other item. If we start 22 now, we probably will not reach any other item this morning. And if the court follows its custom, we will break for lunch from 12:00 to 1:30. It will take at least, I would think, from now until 12:00 to discuss 22. So any other items unfortunately you are looking at this afternoon. Item 22 involves the hospital district. And item 22 backup, I have multiple copies. Does everybody have a copy? Does anybody want to get one? We'll step down and circulate those in a minute. 22 is consider and take appropriate action on the following for the Travis County hospital district. A, process for selection of members of board of managers. B, standards of independence from conflicts of interest for the board of managers. C, adoption of charge to internal transition team. My recommendation is to, again, not worry about c. D is adoption of charge to the hospital district advisory committee. And e, other matters regarding the implementation of the district. So I think we're looking at a, b and e. And the internal committee did meet and work and in the packet we have distributed, this was the packet we would give to people interested serving on the board. And what we need to discuss, I believe. So the instruction sheet was put together at the last minute. We want to take a minute and look at it. But behind the instruction sheet would be the documents listed in 1 through 7. The qualifications, we have approved already. The application form we looked at last week. The call for nominations, we sort of tweaked the language. Maybe we ought to just take them one at a time. The call for nominations basically what we tried to do is simply describe this opportunity. Indicate where the applications should be filed. There would be an opportunity to complete the application electronically later this week. But if this is approved today as I recommend, hard copies would be available at the county judge's office tomorrow morning and we could mail, fax or people could come pick them up. If they are complete -- if they complete an application electronically, we would expect them to deliver us a signed copy of the signature page, right?
>> yes, that's correct, judge.
>> before the deadline. Or I guess if you get your application in, you deal with the signed page even after the deadline would be fine.
>> are we starting on the instruction sheet in terms of changes?
>> actually I was hoping we would start with call for nominations.
>> come back to it. Got it.
>> as we go through, we may pick up some other stuff.
>> not a problem.
>> we took the basic information that was in the call for nominations and tried to make it simpler. And where we thought we could simplify, we did that.
>> judge, we did not pick up the change in the header and on a couple places here. It needs to be board of managers.
>> okay.
>> the call for nominations?
>> yes.
>> at the top, yes. District board of managers. At the top up there, Travis County hospital district board of managers.
>> then the first sentence as well we didn't pick up managers there.
>> okay. Got it.
>> bar pwrarbgs I thought we were going to do, we were going to put in parenthesis there the district.
>> the first time we do Travis County hospital district we put in parenthesis the district and that means thereafter we simply refer to it as the district.
>> I think we're also going to do it on the first sentence of board of directors and put in parenthesis the board so we don't have to keep saying that.
>>
>> [one moment, please, for change in captioners]
>>
>> I think where we have the new district and stuff up there, I would just say the district.
>> uh-huh.
>> 5th line, 6th line, paragraph 2?
>> any other recommendations?
>> are we in the first page or moving to the second page? I’m still working my way through.
>> applications will be accepted from -- the last page, from June 15th, 2004, through July 1, 2004. Do we want to put a time like we do on purchasing related through 5:00 p.m., July 1, 2004. That's usually the thing related to -- cyd, is that what you normally do is have a time specific, I would hate for somebody to think, well, I could come here at 6:00 because the judge is here at 6:00.
>> that would be my recommendation. 6:00 p.m.
>> do you want to do 6:00 p.m.?
>> [indiscernible] first?
>> is that on Friday?
>> Thursday.
>> Thursday at 6:00 p.m.
>> do you want me to put Thursday on there, judge? Do you want me to put Thursday in there, also?
>> wouldn't hurt. No problem for me.
>> okay.
>> Thursday, July 1st at 6:00 p.m.?
>> at 6:00 rather than 5:00.
>> 6:00 p.m., Let them know how hard working the county judge is.
>> okay.
>> okay. [laughter] no problem.
>> I would like to make a suggestion in going through this, if you take up the contact affidavit last because I think this is the most discussion on that. I think I could get through the rest of it with probably minor changes.
>> okay. Seems like it's a little confusing in terms of the whole thing about the -- we want to make it clear that the electronic submission is not an available option until June 18th, so it seems like where he ought to put that at the beginning, beginning June 18th, applications may be submitted electronically by clicking on the website.
>> no problem here.
>> beginning June 18, comma, small a on applications, may be submitted electronically by clicking on the Travis County website, da-da-da, period.
>> [indiscernible] we can that up by the 18th?
>> yes, sir. I think they can. I mean, I can't speak for them, but we definitely have had some background conversation that's indicate they can --
>> make one last --
>> contact with them, make sure that we can do that by then.
>> as soon as we finish, we'll be upstairs meeting with them to get -- to work on this.
>> okay. Okay. So on the electronic applications, persons applying electronically, must also submit a signed hard copy. By mail or hand delivery.
>> uh-huh.
>> to? [indiscernible] must do that, right?
>> uh-huh.
>> so you want to strike the sentence electronic applications must also submit a signed hard copy --
>> I reword that to persons who apply electronically must also submit -- that's where we get that sign copy, right?
>> yes. A signed hard copy by mail or hand delivery. Your office, is it assumed that your office is the official place to call -- if somebody is reading something, they don't understand something, is that if that we need to have a contact person? I mean, if you were doing this, you got this piece, we're not really clear about this, so before I mess up my application, who is the definitive word to call and ask?
>> we actually had some interesting discussions about this in the subcommittee. Part of the problem is that if you do something like that, somebody says, well, I relied on blank, they told me something, it turns out that may or may not be correct. When we went back and checked on the rma, it turns out that the contact person on the r.m.a. Was simply to request the electronic version of the application. There wasn't anybody there to kind of walk you through. It was strictly how can I get the electronic application. Well, blank in t.n.r. Can send it to you. We did not field questions about anything like that. So we actually talked about that a lot yesterday in the subcommittee.
>> it was kind of by design it's this way.
>> right. Because we don't want to have somebody say blank told me to fill it out this way. It turns out that may or may not have been -- you want to make sure everybody has been told exactly the same thing [multiple voices]
>> I think if you want to answer somebody's questions, it's at your own risk.
>> that's exactly the reason that I was asking you. Rather than send these things to people, I might not feel as comfortable, I mean, addressing some of those things that -- that I might feel more comfortable calling you since you have been it inaugurally involved with the process here. But if that's -- if that's kind of the way you do it from the design, I want to know. Know.
>> anything else on the call for nominations? Qualifications are already approved.
>> already approved, right.
>> on the application, we have tailored it to the hospital district for the managers. This is pretty much the same that we used for the regional mobility authority. We tried to do it, take off references to that -- to that entity and I just did a pretty good job of that.
>> thank goodness.
>> any questions, comments about the application? It's kind of general, straightforward, most folk [indiscernible] this resume anyway, right if.
>> yes, there is a section on the end of page 3, we say note, please attach resume.
>> I don't know how it got switched, but on the last payment which is the certification of applicant, somehow judge Biscoe's address has been challenged. It is not 411. It is 314.
>> okay. Got that change.
>> which is also the change that's going to need to be picked up on the instruction sheet which is where I was headed to anyway. So it's 314.
>> that's important to those who think the county judge has a suite of offices instead of a small corner on a small floor.
>> I would hate for it to be going to say minton-burton and it gets -- misguided.
>> a little tricky. Okay. The change is duly noted.
>> anything else on the application? So you want to -- you want -- we thought that we would attach a sample. A management representation letter so that they would see what is the whole board required to sign this or the chair -- the whole board is, individual members? You have to get -- to get some idea, I think we ought to put in larger letters, sample letter. So they will know, all that you need to do is look at this, get some feel for the [indiscernible] stuff that the board must certify, consistent with the county practices at the county.
>> I would -- having it saying sample management representation letter in much bigger font and then underneath it it's blank county hospital district. To make it very clear.
>> you wanted to reverse it.
>> I would suggest that because it makes it very clear what it is that you are reading.
>> I thought it included a copy of the application process, time line, that would save a lot of phone calls.
>> we do not have on the application process when we would do the consensus appointment.
>> that's because we do not know.
>> not a problem.
>> we feed to hear from city -- we need to hear from the city on that and try to iron that out. But I would think that we would try to lock that down at about the same time. At about mid July. But -- [indiscernible] let's take on the tough one that we were alerted to. That is the con flight of interest disclosure affidavit. Conflict of interest. We kind of went round and round on this one. This hopefully is a simplified version of what we had before. Half of these questions really pertain to the spouse or the spouse and immediate family. So -- so I’m thinking that most people would be able to put down not applicable on that. So where we ask the applicant questions about -- about his interests, potential conflict, the next question is also the spouse or the immediate family. What we did, too, was look at what the city was doing and try to pick up theirs, right?
>> yes.
>> they had requirements and restrictions and so rather than calling them that, in this we try to pick up theirs.
>> we tried to incorporate everything that was part of the city's process.
>> right.
>> plus we tried to give it a little heading there so you know exactly what we had in mine, what we are trying to get at. Our thinking is if you put an x down there, you would give us some explanation, right?
>> yes. We left plenty of space. For the website application, just to give you a little information. We are anticipating that the application form and the conflict of interest affidavit would be interactive. The others are just sort of down loads that you can print to help you through this process hopefully.
>> it seems like it might read just a little better, this would be a consistent thing through, on number 4, if my employer has oilers expected to have a financial relationship with any of the following entities and then in parentheses other than as a taxpayer, I have marked, because it seems like it just kind of interrupts the sentence to throw in the taxpayer thing. It really ought to come, a financial relationship with any of the following entities other than as a -- I would say as a taxpayer.
>> okay. As of other?
>> other than as a taxpayer.
>> other than, okay.
>> then you say I have marked.
>> okay.
>> I think it just reads a little easier.
>> I don't know that I agree with that. I agree as a taxpayer is probably better. But the reason I would leave it right there, you are qualifying the relationship. [multiple voices]
>> I think other than a what's a taxpayer makes it.
>> okay.
>> so -- so you want other than as a taxpayer in opposition to relationship --
>> it's okay the way it is. But add other than as a taxpayer.
>> okay.
>> to make it clearer. Same thing on 5.
>> except as a taxpayer, other than as a taxpayer.
>> other than as a taxpayer is the wording that you have come up with so far.
>> all right.
>> judge, mr. Hilly has given me a little note, when we get through this, we need to go back I think and revisit the qualifications on the residency issue. If you remember there was a little bit of a discussion. In the subcommittee. We reasonable feed to revisit that just a little bit.
>> all right. So on 5, other than as a taxpayer.
>> yes.
>> as a? And we -- where we had seton and st. David's, looks like we went with the --
>> official.
>> the bigger entity. Ascension health and columbia health care systems.
>> okay.
>> are we down to 6?
>> yes, I think so.
>> that's really sort of subjective. Woe just want -- we just want that -- that disclosed, if anything. If we don't know at that point, I guess if it later comes up, we have to deal with that. At that time.
>> just in general, I think you can say this document errs on the cited of full disclosure.
>> that's what I’m comfortable with.
>> uh-huh.
>> tell me when you are ready for 11.
>> 11? Judge --
>> are we through with 10? Let's check on 11.
>> there's just a double word. That might cause induce me. It's really just cause, it's okay, just tracks the language.
>> that was barbara's way of trying to quietly ease that back in there. Lawyers like induce better than cause.
>> [indiscernible]
>> yeah.
>> what are we doing to 11.
>> took out the word induce.
>> induce, okay.
>> right.
>> did we take out that reasonably to be expected to number 12, too, go back to owe.
>> it wasn't in my notes, but I can do that without any problem.
>> going back to what, judge?
>> that may cause -- significant -- impairment -- did we do that? Of my independence of judgment.
>> I can do that in --
>> we had a significant and -- any activity that --
>> I can do that in --
>> as well.
>> might significantly -- that could significantly? Impair? I think that's what I would say.
>> could.
>> could significantly.
>> uh-huh.
>> okay. So if I -- employed or end gauged in any activity that could significantly impair.
>> right.
>> my independence.
>> that way I think it's more consistent with the other one, also.
>> uh-huh.
>> then we would do the same thing in 13?
>> right.
>> same thing with 13 some.
>> right.
>> significantly.
>> our discussion of that, we concluded that if we --
>> we were talking about something that's material, basically --
>> is 14 and 15 one in this case? The -- [indiscernible] will be included because quite frankly I don't know if this district is going to be -- the reason we have 14 and 15 in the r.m.a. Because they were road projects that big time would mean, we had identified road projects that might cut through properties. I don't have an issue with it, but that was the homerun 14 -- that the reason 14 and 15 were in there was really to have to deal with properties being enhanced by a road cutting through them.
>> I think there is some expectation that there might be future clinics built.
>> okay. Not a problem.
>> but no one would know that because it's so far out there.
>> it kind of depends on whether you want this affidavit to be for one-time use only this time or whether you want to be able to use this affidavit as long as you have to make appointments to the hospital district.
>> okay. Are we at 16? Does this also address if some change occurs, what if there's a divorce or what if the minor children grow up, they have the property? Instead of -- instead of --
>> I think if it happens after the appointment, you really just have to deal with that at that point. I don't know if this would cover that, would it?
>> the thing is that an affidavit speaks from whenever it's sworn. If your children are 17 years and 364 days on the day you sign it, then you include their -- their things because at that time that's the case. If you wait two days, and sign it when they are 18 and no longer a minor, then you don't include them. And -- and minor just really means the people that -- that you are likely to be influenced by. I suspect that you still care about what happens to the investments that you have given to your children when they turn 18 or 19. But it -- we really can't carry it on forever. Reasonably. So -- so that's just an easy demarcation.
>> but it's a little bit like key persons.
>> yeah. Sometimes you have them on when they are relevant, sometimes they are [indiscernible]
>> I think we are working real hard to keep it all very relevant. [laughter]
>> susan wouldn't there still have to be signing, in terms of like what we do, called third party transactions there is kind of like a living update on some of this stuff that we have to do. Short of filing the annual financial disclosure packet.
>> that's right. [multiple voices]
>> some of these things people will have difficulty even anticipating because they haven't seen a list. So what we are really saying is those things you know, let us know. But as part of preparing the statements, I guess that I should say again so that the public understands, one of the significant changes with the district is that because of course of its size, that it is a separate entity, it will prepare audited financial statements and then secondly because the Commissioners court sets the tax rate and approves the budget, it then becomes a component unit on the county's financial statements. And because of the county's size and the size of the district, and the other kinds of things that we deal with, this is a major fund. So it's sitting out there by itself and will require really almost the same detail that the county's [indiscernible] is. So one of the things that we always do is try to -- to determine if there are transactions that are not arm's length with the major vendor. And what we do for our own county employees, which we will assume the district will do, is that for major contracts, we provide a statement in a list of those vendors -- and a list of those vendors, then y'all, me, other key people in the county write whether or not they are related to any of those parties. That does not mean anything is illegal. What that means is that the auditors might take a little closer look at that transaction because what is expected is that these are arm's length transactions and so they might look at a related party transaction to make sure that in fact there was an arm's length transaction. And heir we -- the county has been very, very good about open disclosure on basically everything. This document looks to really continue that philosophy. Since it's going to be in our financial statements, which I take a very personal interest in, as I know you do. You all are the ones that need to set the budget and the tax rate. So it kind of -- it has tried to reflect the philosophy in Travis County for doing business as well as the county and legal requirements. The accounting and legal requirements.
>> okay.
>> 16 and 17 we go to material personal investments. That could create a conflict between private interests and those of the district. Basically if you know those, just list 'em for us. 18 and 19. Stock.
>> I’m good.
>> stock interest. The city's restriction of ten% or more, right if.
>> yes, that's correct.
>> so we have tried to use that wording the same percentage.
>> okay.
>> as standard. Company that receives funds from Travis County or the city of Austin or is expected to receive funds from the district. We just ask that you disclose that. -- goods or services received from the county. Substantial.
>> substantial.
>> right. Sets a bar.
>> judge, I think it might also be helpful to let the court know that -- that the thinking on a lot of this disclosure was even though they disclosed it, that wouldn't necessarily disqualify people, but that would allow the court to make a judgment about how they felt about -- about whether or not it was material thing that you would cause some conflict. So that -- so that if people are a little -- a little intimidated by this document, by thinking well if I have to disclose it, well then they will disqualify me, I think we should sort of let the record reflect that is not the intent of all of the disclosure.
>> [indiscernible]
>> right.
>> are we through with 21? Culling, we tried to -- consulting, we tried to use sort of broad language there. Officer, employee, manage or paid consultant of any association involved in the field of health care services or supplies, lobbying for health care services. Then we just want the -- the information that's disclosed to us. The difference is with the city you would have to register with them.
>> yes, they have a lobbying ordinance.
>> they kind of focus on whether you were registered where we focus more on whether you do the work. Like if you lobby Travis County, you don't have to register with us except if you do we would like to know it.
>> we don't have those ordinance making powers like the city does.
>> susan, under 26, is it [indiscernible]
>> [indiscernible] [papers shuffling - audio interference]
>> which --
>> fasb?
>> [indiscernible] [inaudible - no mic]
>> fas. Okay.
>> what does that stand for.
>> financial accounting standard number 57.
>> spell it out.
>> all right. Be glad to do that.
>> what's it called.
>> financial accounting standard 57.
>> does this look okay? I think ours on this will be a little different than the city's, but they are similar. We have picked up what the city has.
>> that's correct. I think ours is more comprehensive is the best way to --
>> okay. Now, do we want to go back to the instruction sheet.
>> ever so briefly. Paragraph 2. We need to split the words may and be. The two separate words. Then to make a correction on mailing address is 314 west 11th. Just in terms of consistency, samuel t. Biscoe.
>> oh, okay. Okay. Sorry, judge.
>> what does that t stand for? I will tell you but I’m afraid you will put all of it down. [laughter]
>> it does -- I never thought to ask you all these times.
>> anything else on the packet? And our thinking is that we will basically make these corrections and have this available for handing out, to fax in or mail out tomorrow. Move approval of all of this assumption to the changes being made.
>> oops, oop, I actually caught another one. On the instruction sheet is says that the hand delivery must occur by close of business on the 13th. It's the 3rd, isn't it?
>> no. It's the first.
>> it's the 1st.
>> oh, you're right. I’m so glad that you caught that.
>> it's the one that's correct. It's the 3 that's not.
>> I was looking at the end of the process --
>> the 13th is what we will actually -- okay. July 1st.
>> thank goodness you caught that. If there's one -- before we close this, I do need to read this little note that john slipped me. With respect to the residency qualifications, we had quite a lengthy discussion about this. The note says, I -- to quote mr. Hilly, before accepting the appointment the board manager -- to the board of managers the applicant shall be a resident within the boundaries of the hospital district.
>> that would be an additional sentence that you could add to that.
>> to the qualifications.
>> the application process.
>> no. It would go on the qualifications.
>> okay. We have a resident of Travis County.
>> yes.
>> that's not good enough?
>> we have to -- [indiscernible]
>> that would be -- that would be acceptable since it's a smaller subset. It would be overlapping.
>> we also have on the actual fill out this form, it does say -- have a box that says county. We ask them what county do you live in?
>> that would be good. Barbara asked me to a sentence that would say something like that. And that's all that was for.
>> under qualifications we now say a resident of Travis County. Is that enough --
>> that should be enough.
>> yes.
>> on the -- on the instruction sheet, that second paragraph, we say there are two form of -- why don't we just say two forms that may be filled out, two forms may be filled out interactively. Colon.
>> colon or dash. The application form and the conflict of interest form.
>> being on.
>> the application and conflict of interest forms. Is that better? Eliminate one form and put an s on the other one?
>> right.
>> uh-huh.
>> got it.
>> judge, I’m just going back, on the first paragraph we say by close of business on July 1st. I think we ought to be putting 6:00 p.m. July first so there's no confusion as to close of business, that's just better.
>> the judge's office, by July 1st, at 6:00 p.m.
>> uh-huh.
>> put 2004 for the creative -- applicants?
>> okay.
>> those who would argue I thought you meant next year. [laughter]
>> so I guess -- let me ask this [indiscernible] john, you know last week it was discussed about -- about the requirements that I -- you know I think everybody was seeking, a resident was -- or a board member must reside in Travis County. And I think that's very, very important. I would hate to see again someone living somewhere else other than Travis County not -- not have the best -- the best sense of Travis County taxpayers. So -- so in your interpretation, legally, can we require a resident who served on the hospital district board to reside in Travis County?
>> for the individual to -- to serve as a -- as a member of the board of managers, of the hospital district, they must reside within the district.
>> okay.
>> so if they -- if they were not currently but they are intending to move into the hospital district, boundaries, that would be acceptable. Specifically the request that you asked last week was if -- with a if they were living in the hospital district but then they were intending to move away. And that respect, whenever you move away, you vacate the office.
>> okay. That's -- [multiple voices]
>> written in the --
>> I want to make sure that I understand that because there may be some possibilities of persons that we may be looking at may have -- have other interests that may came up to lure them away from the residency of Travis County. So I want to make sure that -- that everyone understands that before we start. Electing members on the -- on the board of the hospital district. Thanks.
>> uh-huh.
>> now, the information that we have been discussing, we have already approved the qualifications and time line for the selection process. We did not change those at all. My motion is to approve the following documents along with the changes that we -- that we agreed to today.
>> second.
>> the instruction sheet, call for nam nations, application -- nominations, application form, conflict of interest statement or affidavit and the sample hospital district management letter.
>> seconded by Commissioner Sonleitner. Any discussion of that motion?
>> judge. It's just one other thing that I would like to bring up.
>> okay.
>> that is that -- number one let me thank the subcommittee, Commissioner Sonleitner and -- and judge Biscoe, barbara and everyone else that's been involved in this hospital district effort. However there is -- it's a good start, there's no doubt about it. But there are still some loose ends that need to still be tied up. I’m going to look at ways to -- to see if maybe legislation to ensure that counties that have residents that come here to use the hospital district services as far as health care is concerned, also participate in a -- in a payment process and hopefully mandated to pay because I don't feel that it's a fair -- it's fair to the taxpayers of Travis County to have to pay for the cost of providing health care services outside of Travis County. So if we can legislation legislatively get this through the legislature I’m pushing for this. I don't want this hospital district to be a mirror of hospital districts in the rest of the state of Texas who now are borne [sic] cost for providing moneys to offset the cost of persons coming out of that county, as far as [indiscernible] is concerned. Again I think it's very important. I think we can get the legislature's attention on that this year. Thanks.
>> any more discussion of that motion? Can you get ms. Velasquez and me a copy of that? Any more discussion of the motion? All in favor that passes by unanimous vote. Also in yesterday's meeting what you have just been given is a product that the auditor and budget office worked on after our meeting. What was clear to committee members was that in order for us to start working on one of the biggest items, which is the budget, both the city and the county individually looking at their budgets and then coming up with some -- with some description of programs and services that would be transferred to the district and the money that would go along with them. And my request or our request was that we could come up with some sort of document that indicated sort of -- in format how Travis County would approach it, and then send our approach to the city of Austin along with the recommendation that they consider doing the same thing we were doing or at least letting us know what they were doing. So we could start working on this. The other thing is that in my view is if we meet our time line of appointing the board of managers by mid July, it would seem to me that one of the first questions that they would ask would be where are we on the budget. The other thing is that if we want the district to be on the same fiscal year as we, and start October 1 with Travis County and the city of Austin, then there's a whole lot of work that the board would have to do between their appointment mid July and really the first part of September in order for us to be ready by October 1. So we need to get the ball rolling on this. The other thing is that the council meets for a limited number of times in July, so by getting into it early at least they know that we are working on this and they need to start working, too. The other thing is that in my view would it help for us to have meetings after preliminary figures are put together, hopefully before July 15th. So this is kind of like a first step. I thought this would be us indicating to them, here are our thoughts on how we put the budgets together at the county, we think it would work for you, too, if you have different ideas or better ideas here is how it goes with us.
>> judge, I think that's a real good idea that you got there. Really, you know, when we look at this coming up year budget projection, as you know quite a few -- [indiscernible] that report that was done by the consultant for the city of Austin, it did indicate what we have to spend as far as health care as far as our clinics and stuff are concerned. Told about 50 million dollar according to that [indiscernible] if we look at the -- at the .0726 tax rate on $100 evaluation. My concern, though, is that -- how do we approach, how far do we promise into the year as far as budget requirements to keep the ball rolling until -- until the hospital district is able to pick up the tax revenue when it's generated for next fiscal year? Through the tax assessor and fund that portion of it. How far do we go into the year? Of funding, you know, such efforts. Because -- because come October first, of course, nothing -- you know, we would have to look at '05. But how far do we go into '05 as far as putting money on the table? To -- to -- to offset the things until the hospital district can get off the ground running with the number of revenue sources that they'll need to -- to get going?
>> I would think the district would need help at least until January 1.
>> okay.
>> so maybe even as far as February 1 depending on how the revenue comes in.
>> revenue stream, right. And -- what -- but I guess my point, though, is that -- I guess all of this is reflected in the budget cycle. Again, I hate to project out not far enough and then we -- be stuck with having to do some -- some reserve, having to do something that we didn't anticipate doing as far as projecting how our bug is going to look for '05. It's a big concern to me.
>> it seems to me in good faith that Travis County and the city of Austin and seton would continue running the way we are now in doing the right thing, at least through the end of this fiscal year. I think it would be unreasonable to think that -- that the hospital district board could come together, hire people, and start actually managing day-to-day activities before that. I don't think it's realistic. That they are going to want to do something. It seems to me in good faith what we need to do is kind of don't let them get mired up in that so that they can start organizing how they want to do things, advertise for people. But -- but the judge is right. All of that is precedented on how much money you have to work with.
>> exactly.
>> so that's what we are trying to get here. An audit has to be performed. So we need to get rolling on that. But we need for them to know and for us to know and the city to know how much money the district is going to have. Then I think it's going to be a pragmatic helping of them. The best legal advice that we have is that once the board is appointed that we are going to have to put the district on our financials this year when the board is. So that should be a short period of time, however and -- and -- but that's a fact of life. So we need to deal with that. And, also, the board needs to set a budget like the judge says. And it's unrealistic to start -- to think that they are going to bring that up by scratch. So this is the vehicle for everyone to -- to get all of the numbers on the table, to look at them, analyze them, them in a position where the board has something to work with, where you all are in a position where you can set a budget, before the end of this year. But I expect that both the city and the county and seton will be working very closely with the district and the transition in doing whatever we have to to get them on their feet and functioning effectively. I mean that's -- I don't know how else it can -- it can work. I mean, there are some things that they have to do that some of those are easier said than done when you have no staff full time. These are all volunteers. So I think that the judge is right. I would be surprised if they were fully functional, doing all of the things that they would like to do prior to January 1. I think that's right. But we feed to help them -- we need to help them in providing whatever, October 1. And -- you know as much assistance as we can give them, technical assistance.
>> judge, procedurally do we need to send this not only to the city council but to the city manager?
>> that's what I would do.
>> I think it needs to go to both. I wouldn't want to lose it today if we didn't get it to toby. She is the equivalent to us --
>> one question that you might want to look at, on the first green sheet after page one of three, in Travis County we have listed adult inmates and juveniles. The only reason that we did that, that was a very broad scope, trying to get all information here. But -- but if it is no one's intention and not the responsibility of the district to deal with indigent inmates, we could get rid of that. I -- I just don't know where -- my staff put that in there so we didn't make that decision.
>> what page?
>> page 1 of 3, after the first green sheet. If you look at that where it says Travis County, right there at the end. Would you show them where that is, these are hard to find. It's really hot off the press. [multiple voices]
>> that caught my attention as well.
>> we didn't want to presume to make that decision. If you know for sure that's not happening and that the law does not contemplate that, then we could take that up. On the other hand, since that's something that we do, we could calculate it any way and then when you are making the decision on the tax rate you could take it out. It doesn't matter. This is not a decision for that. I just wanted to point out that to you.
>> I think at some point we have the discussion about what these to be in or out, I don't know that it does much harm to leave it in there.
>> gather the data because that's Travis County data.
>> but consistent with the conversation that we had, over the last couple of years, these -- these two would be -- would be out.
>> judge, I’m also wondering, just in terms of consistency, on page 1 of 3, susan, really, under the city of Austin, we are asking them about david powell clinic, but we don't ask about ourselves, we do indirectly looking at sherri now, do the funding on -- [multiple voices]
>> add david powell.
>> it says for them they are supposed to talk about mental health. Not the same for ourselves, for us we say we want to know about people's, but we don't ask the city of Austin about people's, ought to be consistency --
>> yeah. What we did is we looked at the published financial statements and tried get this information from it.
>> I’m afraid some of that may be embedded [multiple voices]
>> we certainly -- our view of the city and Travis County is exactly the same. We want a comp helpsive view of everything that's out there so that the right decisions are made. With.
>> we did not say or any other county contributed clinics. We did not really -- not really trigger a question related to our clinics. We did through the fqhc, but they did it the same way there. Seems like we ought to have that same kind of consistent language of specifically talking about our clinics as opposed to just fqhc, unless they are one in the same. In which case --
>> do you want that to read county clinics?
>> we want to take a few minutes over lunch to look at this, maybe bring it back this afternoon.
>> that would be fine, we really did this in a short period of time --
>> the other thing that just occurred to me is -- is like we have a little sheet there for the court to sign. I think on this packet of information it would help to have maybe a -- maybe a short statement, approval by the Commissioners court. Do you see what I’m saying? A packet of information?
>> right.
>> a signature page on the --
>> right. If it would help to have that I think for the minutes as well as when we send this to the city council and the -- the city council and city manager in an advisory committee that it be more than just a packet of information without some sort of introductory explanation.
>> do you want that put that behind the -- the instruction sheet? Where do you want it located?
>> I would have it as a cover, just like this one. Except that I would have this one paragraph. Maybe two or three sentences, then approved by --
>> we could put it on the bottom of the instruction sheet. There's room for it there.
>> that would be good.
>> okay.
>> something -- from this packet and backup materials were approved by Commissioners court on this date and signature pages, that way there's some kind of packet that melissa can --
>> what I had in mind is not necessarily that the applicants can see that. But when we send to it the city council, city manager, advisory committee that would be there.
>> so you want essentially two versions. One for the electronic version of reality and then the second one for transmittal version?
>> if I were doing it, I would just have a cover sheet that the court would sign and be dated. See what I’m saying? Rather than worrying about that, we just leave this like it is. Generate a cover sheet that the court signs that will go along with that to six or seven people. Now all of the city council plus city manager and the advisory committee and with clark I would ask basically how many copies of this do you need and send those to him. It looks a lot more official that way, I think.
>> in -- in looking at who you want to have this document transmitted to, you want it to the council, the advisory committee, and the city manager? Is there anybody else?
>> after the court signed it, what I in in mind was generating sufficient copies and delivering it to where it ought to have some impact. See what I’m saying?
>> uh-huh.
>> once we sign that, you are looking at 40, 50 copies. But I was going do that and -- and back on the city council -- I was just going to -- I assume they have a little mail room over there, don't they? I was going to hand it to one person hopefully. Shake hands and leave.
>> okay.
>> get our mail and take it to a place where -- where we would transfer responsibility for delivery to them. I’m thinking it would look a lot better if it was a sheet like this. I don't think we need a motion for that. That would be brought back this afternoon if possible for us all to sign it?
>> on this, I say look at it, and if there's -- if there are changes that need to be made, we will discuss it this afternoon, get them done. So more than anything else, I think it's for us to let the city know what we are thinking about.
>> right.
>> so they can start thinking about it, also. If they have got different ideas, hopefully they would let us know, asap, so we can start working on trying to resolve the differences.
>> right.
>> [indiscernible]
>> sure.
>> okay. Thanks.
>> sure.
>> I appreciate it.
>> we are sorry we didn't get that to you earlier.
>> don't worry about it.
>> a very, very --
>> actually, this came up yesterday. We were sitting there brainstorming and --
>> we will get that to you.
>> toward the end of the meeting, it occurred -- we appreciate you all putting it together so quickly.
>> thank you.
>> so we will revisit this. Let's move that we recess 22 to bring it back up this afternoon. Maybe last end of the meeting to give -- give people working on it a chance to --
>> good.
>> and so move that we recess item 22 or just indicate our intings to call it back up this afternoon rather than recessing. This may be a good time to break for lunch until 1:30. I will not be back until after that meeting with Texas commission on environmental quality.
>> would you like to us proceed forward with you.
>> yes, ma'am. Please do so. Do it in the Sam Biscoe spirit and everything will be all right.
>> are there any particular items that you had issue that's you want to bring to our attention.
>> they are all so dear to me. I love each and every one of them.
>> just wanted to make sure it wasn't a specific [multiple voices]
>> we shall do that.

Afternoon Discussion

This morning we did indicate our intention to return to item no. 22. Because we did agree to some changes to -- to -- the instruction sheet and other documents that make up the application packet. As well as a cover letter. And we have been delivered those. Although we have not had a chance to look at them, right. We want to take a manuscript to look at the new cover letter?
>> okay. We have changed the suite number again.
>> 5:20. On the first line, the city of Austin council members, separate words, I would just in terms of protocol put Austin city manager toby futrell next, with her name, and what are we calling it? The Travis County hospital --
>> advisory committee.
>> the advisory committee. Advisory committee.
>> Travis County hospital district advisory committee.
>> judge --
>> sign it as long as we -- Travis County hospital district advisory committee. The third --
>> [indiscernible]
>> and my suite number is 520.
>> I would reverse those things because the dates are just the opposite. It's now available to the public in judge samuel t. Biscoe's office, 314, da-da-da, beginning June 16th, 2004, and on the web beginning June 18th, 2004. I would flip those and put them in the order that they are actually going to happen.
>> that makes sense. Now available in -- in -- the rest of that through '04 and -- on the way up, do we need to say to the public, just on the way up, right?
>> yeah.
>> on the way up at -- then we have our -- okay. This next thing is complicated. It should be applicants must complete the necessary forms by July 1st.
>> I know --
>> this next -- I should say give interested parties -- to give interested parties additional information on responsibility associated with the Travis County hospital board managers. Travis County hospital district, we say that I guess, district, [indiscernible], managers, applicants for the board of managers must -- let's just say must.
>> uh-huh.
>> complete the necessary forms by July 1st. 2004. By -- [indiscernible]
>> so it's really submit rather than complete the -- you have to submit them, right?
>> uh-huh.
>> we really don't care when you complete them. You submit them on time. But the -- by July 1, 2004, at 6:00 p.m., [indiscernible] already been filed. Will be received after this date. But the original application must be filed by -- by -- in that case I think you say but the completed application. What you mean there that you have to complete the application, send it in, we will later accept the signed signature page. That's our thinking, right?
>> yes.
>> if you send us the -- the application electronically, it's completed, you met the dead line. You can later deliver a -- an original signature on the -- on the signature page of the application. But by the time we get to the interview, we need a signed application, right? Okay. But the -- but the completed application must be filed by the deadline. Is that okay, everybody?
>> uh-huh.
>> uh-huh.
>> the rationale being what I just explained.
>> uh-huh.
>> each court member will receive copies of all applications signed by either -- okay, do we need to put that down or is that for us to do?
>> just -- I'm afraid a lot of people are concerned that every court member get the application and this is a fairly commonly asked question.
>> but one copy of the completed application, how is that? The reason I say this, what will happen, if we get 50, 20 of them say we need a copy, I guarantee you somebody will make 50, will copy the entire 50 and get them to the members.
>> yes.
>> I would -- once you deliver your one copy, kind of like human services right now. Human resources, using -- you get one copy to human resources you have met the filing deadline.
>> do you want to say filing only one copy is necessary?
>> I just say one complete -- one copy of the completed application must be filed by the deadline. Leave it at that, how it ended. Each court member will receive, we will do it ourselves.
>> how about this, we have already done the thing, that last line should be copies of all applications will be made for -- for members of the Commissioners court. I think -- I think -- I think it helps to say the one copy.
>> why don't we just say after this date, the completed application must be filed by the deadline. Applicants need only submit one copy. Applicants should only file one application.
>> one set of forms, because there's actually multiple forms that they have to fill out.
>> that's good enough.
>> you want to try that one again. Each applicant needs to submit only one completed application.
>> forms.
>> only one application packet. How is that? That's what we call it, right? Need to -- need to file. Only one completed. Only one completed packet -- sounding better all of the time.
>> I just hope that I kept up with all of the iterations.
>> or applicants need to file only one completed application packet.
>> applicant --
>> you can't be clearer than that.
>> do you want to say file or submit.
>> submit, you like that better?
>> well, you seemed to have liked it better. I wanted to check and make sure.
>> I mean to please.
>> okay. Barbara, I can't believe that you don't know which Commissioner you work for. [laughter]
>> in precinct 3 now on the page as opposed to precinct 2.
>> it been exhausting, a lot of detailed work.
>> we are making that change to samuel Biscoe. Do you want to read it.
>> the last sentence should read applicants need to submit only one application packet. Is that --
>> one completed application packet.
>> judge, I'm going to go upstairs and attempt to -- to put all of these corrections in there, but before I do, I -- I hope that we can look at the others so that we can get a perfect packet.
>> okay.
>> we are looking at it right now.
>> judge, I am --
>> I am seeing an inconsistency between what we just did on page 1, that fronts sheet and what is on page 2 related to the signed hard copy. It is saying on the second page that the signed hard copy, even if you e-mail it, has to also be there by 6:00 p.m. I don't think that's what we just said.
>> if the applicant e-mails the information, they must also mail or hand deliver a hard copy by the close of business at 6:00 p.m. What we are saying you need to file electronically by 6:00 but the hard copy can arrive after that deadline.
>> I think that's what I said -- a hard copy of the signature page. We need a signature is what we had in mind, right? Our thinking is that if you apply by e-mail we won't have a signed when we discussed this, we wanted somebody to at least mail something by July the first. We want something that's got a -- that assumes that -- that you will send it -- send your application in prior to July 1st. We anticipate mails will come in after the 5th. Would you care if they wanted to give you the signed copy to them, will you? One thought would be you put your e-mail copy in, if you are called in for an interview, you have to bring a signed hard copy or mail it in.
>> you can just say prior -- you could set the standard to be prior to interview, you must have the signed copy completed copy. Hard copy.
>> talking about the second page of a call for nomination.
>> inconsistency we are asking by what time.
>> I think on both of the documents you probably want to make a decision on what you would prefer to have with respect to the signature page.
>> our decision to accept applications electronically, leaves us with an application that has not been signed.
>> that's correct.
>> so my thinking was we really wouldn't care. But we would want a signed application at some point, so if we receive it electronically by the July 1 deadline, you have met the deadline. So what we say just --
>> you could actually, looking at your selection process, I think you are looking at interviews, the 15th I believe -- so -- so you -- excuse me, th 13th. So you could set a date of the 12th, for example. If you -- if you want to leave it you know just prior to the interview.
>> okay. I'm still looking for the exact language.
>> well, the problem is that we have just said that we could take things after July 1st 2004, because it's just the signature. But on the second page, it says to --
>> July first.
>> that the copy has to be there by 6:00 p.m. So we have an inconsistency between page 1 and page 2 about people who file electronically, it's really -- it's not a hard copy. It is the signature page.
>> okay. Now I see it.
>> got it.
>> what if we say, okay -- okay. Signed hard copies of the application -- but the -- but the --
>> I think if you changed the date to say by close of business on July 12th.
>> so instead of after this date, would be receivedçó up -- up to.
>> up to. July 12th.
>> July 12th?
>> it doesn't take that long to get through the mail. I mean sometimes --
>> come on.
>> if you -- I mean okay --
>> up to July 8th.
>> up to July 8th. Okay.
>> one week. Well, I was trying to accommodate the court's desire to allow somebody to submit a signature page prior to -- the court must have a signed hard copy for the signature page. But -- by July 8th. And -- of the signature page by -- by July 8th. Does that make sense.
>> okay. If you won't kill me, can I try another version of this?
>> go ahead.
>> starting from the very beginning of this paragraph, on the second page, applications must be submitted to the Commissionerers court no later than 6:00 p.m., July 1st, by -- online by hand delivery or e-mailing an application to the address specified on the website. If the applicant e-mails the information, he she must also mail or hand deliver a signed copy of the signature page to the county judge's office by close of business on the 8th. Condition be close of business on the 8th at 6:00 p.m. It's either --
>> 6:00 p.m. Everywhere.
>> right.
>> I am happy to work on this. But I just -- I can't do this right now.
>> you want to just hand it --
>> I'm afraid that's extensive enough of a rewrite that I'm not sure that I can catch all of that.
>> well --
>> I think you got it.
>> that's fine with me.
>> if you wrote that down.
>> put that in it, get it to us --
>> the only suggestion that I might make, you might want to say hard copy because we have tried make very clear that this is not anything electronic.
>> do we get the sense that we know what we are trying to accomplish here. I do not mind immediately leaving here and going and working with helping get this language locked down.
>> that would be fine. If you all can do that, that would be fine. Anything else on the other pages?
>> we have approved these documents already, john, with different tweaks, can you just confirm that the tweaks have been made, the minor corrections made? And sign this?
>> right.
>> do we need another motion to cover it? Our motion -- that would make minor changes basically, clarifying the points, I thought.
>> making a final motion to fully approve all of the changes is that my motion to approve all of the changes and incorporate them into a final draft that the court will sign.
>> uh-huh.
>> and give the clerk a copy.
>> right.
>> because a whole lot of these they were just deleting one word here, adding a word there, we need to take a little time to go back and confirm one ever those. We can do that. How's that. That's good.
>> motion and second. Any more discussion? All in favor? That passes by unanimous vote on that one. And we also tweaked a little bit, did we not, we can look at if we can to send to it the city.
>> this is the verbiage on the financial, yeah, the budget and Commissioner Davis my office said they sent you -- did you get your --
>> yes, I sure did, thank you very, very much.
>> they incorporated what you said this morning. Unless you have something else, the other thing that I hate to even mention the letter, we probably ought to put a date on it. Because the second sentence is attached is our anticipated time line for the completion of some major tasks, but really we are not putting that time line on. This task isn't on there. The -- so probably when you would like a response from the city of Austin should be on there. Would be my thought after thinking about this today.
>> okay. What -- we currently had a cover page, intended to be part of this --
>> yeah. Let me -- let me give you --
>> okay. I see it.
>> do you? I can give you -- the claim on here -- that was the application packet that I had.
>> okay.
>> so do you -- [indiscernible] city of Austin -- city of Austin signature page like we had this morning.
>> I'm going to give you that right now, i'll just give you mine. I just wants to get my -- the old out.
>> the one that we have this morning would be sufficient.
>> the only change that needs to be made I think is --
>> response in about 10 days.
>> let's do that. Not only information but --
>> right. If you just want to -- we have draft all over everything. We need to give you a clean copy. Do you want us to bring that to you or do you want us to e-mail that to you. Do the letter and everything diane has got on her computer. Seems like it ought to go on the letterhead. We will e-mail it to him. He can put it on there. It should go on a letterhead.
>> we would appreciate a response, we would appreciate your response to this strategy.
>> right.
>> and seven days from today is June 25th.
>> right. [indiscernible]
>> did we add toby to that letter? Otherwise I can already see it, it goes to the council, they are not authorized to do anything, they won't act on it until the next meeting. We have to get it to the person who can do something in the next 10 days, that would be ms. Futrell.
>> toby futrell, city manager.
>> if you just give me that, I will have diana put that into the letter, e-mail it up to you. Did anyone find anything else in this, the change --
>> second page --
>> I think we got it all.
>> what I was going to do is have this hand delivered over to the city council tomorrow morning, probably walk by to councilmembers [indiscernible] and dunkerly because they are on the subcommittee and try to get delivered stuff like this to the city council the rest of it, get it delivered as soon as possible. Maybe i'll give the city manager a copy, also.
>> so how many copies would you like? Because what we can do is we can e-mail the letter to you, so you can put the letter in your letterhead. We can reproduce all the rest. There's no reason for you to mess around with that, give you as many copies as you would like.
>> if I am doing, I may as well do one for the council and city manager. The attendance on microchip was 16 people. Wouldn't hurt for all of them to have a copy of it.
>> no.
>> copy of the council and our [indiscernible] myself that I would talk with isaac and see if he wants a hard copy that he can copy or whether he wants me to deliver to his office like enough copies for the entire committee, which would be about 30.
>> okay. Do you want to just call tomorrow morning and tell me how many copies you want.
>> that will work.
>> diana has been here I think all but four hours. And I'm sure she went home.
>> okay.
>> is that okay.
>> just get it done. On the packet, i'll just have hard copies of that available. [indiscernible] we will start shortly, do 20 more.
>> I would -- I think we probably need to make a run over to the city and say here's all of the copies of the packet and the -- and this information to the council and city manager tomorrow sometime.
>> we may as well take that when we deliver this letter. Make one trip.
>> do it all.
>> yes.
>> [multiple voices]
>> maybe just the cover letter today. Before everything else --
>> maybe get the cover letter done --
>> if we can get the cover letter done.
>> done today.
>> what time are you going to get it over there in the morning.
>> shortly after 9:00.
>> okay. [multiple voices]
>> but, I mean, if I miss it i'll be here by 9:00 in the morning I can sign it before it goes.
>> okay. Five or 10 minutes won't make a whole lot of difference.
>> I will be in my office. I won't leave until I sign it, I have got to be at a meeting at 6:30.
>> okay.
>> I'm going to go upstairs now and try to --
>> i'll go with you.
>> make the revisions on the cover letter. More revisions are on this instruction sheet, actually.
>> you all don't need me to come up there with you to keep the peace, do you.
>> we "does it work Wednesday?" For precinct 2. How could we possibly have a conflict.
>> anything further today?
>> move adjourn.
>> second.
>> all in favor? That passes by unanimous vote.

Last Modified: Thursday, June 17, 2004 3:14 PM