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1 <br />1 <br />1 <br />COUNCIL MEETING DECEMBER 13, 1993 <br />ordinance the City Council is talking in public about <br />enforcement. He said he felt it was the job of the City Council <br />to set policy and it was the job of the staff to enforce the City <br />ordinances. Mayor Reinert said he heard Council Member Bergeson <br />talk about enforcement of the City ordinance in reference to the <br />R -BR ordinance. <br />Council Member Neal explained that this is an open meeting and <br />said, "if any Council Member cannot stand the heat, they should <br />get out of the kitchen". <br />Council Member Kuether felt if the City Council knows that <br />someone is violating the City ordinances, the matter should be <br />referred to the City Attorney. It is not up to the City Council <br />to enforce the ordinances. Mayor Reinert said that portions of <br />the campaign ordinance were violated. Council Member Kuether <br />said that the City Council should not be talking about this <br />matter but should refer the matter to the City Attorney. <br />Council Member Neal asked if a Council Member is arrested for <br />committing a misdemeanor, can that person still run for local <br />office. Mr. Hawkins explained. <br />Mr. Hawkins said he would be available to investigate all <br />allegations of violations of the local ordinance. However, all <br />allegations of violations of state statutes are beyond his <br />authority and should be referred to the County Attorney. Mr. <br />Hawkins will review the material given to him by the City Clerk. <br />Mayor Reinert said he felt that this election proves that the <br />City needs a full disclosure ordinance. <br />Council Member Neal moved to refer the matter to the City <br />Attorney. Council Member Elliott seconded the motion. <br />Council Member Bergeson said he did not have a problem referring <br />the matter to the City Attorney. However, the matter is getting <br />to the City Attorney in the wrong manner. He felt if the head <br />election official feels there is a problem or a concern, she <br />should report the matter to her supervisor (City Administrator) <br />and he should report the matter to the City Attorney. That is <br />the process the City follows when there is a violation of any <br />other ordinance. Mayor Reinert noted that the City Clerk said <br />she feels it is not her position to "police" this particular <br />ordinance. He explained that the City Council must see that all <br />ordinances are not violated. Mrs. Anderson explained that she <br />does not have the authority to approach the remitter of a filing <br />statement and say that she believes that a full disclosure has <br />been made on the forms. <br />PAGE 19 <br />3r, <br />