09/22/2008 Council Minutes (2) - Laserfiche WebLink

Home Search

COUNCIL MINUTES September 22, 2008 APPROVED Elp4 It was suggested by a council member that the allegations are against three council members as 5 well as the city administrator and community development director. A question was posed to the 126 city attorney as to whether this (independent counsel) is a routine path to go down with this type 127 of allegation. Further, it was suggested that since the city administrator is one of the alleged, 128 perhaps it is inappropriate for a list to be submitted by him. 129 130 City Attorney Baumgartner replied that he believes it is appropriate, if an investigation is to go 131 forward, that it be conducted by an outside firm. There should be no appearance of conflict 132 among relationships nor should it be someone who was present as he was. Typically when there 133 is something going on in-house, you want to go outside to make sure there is no suggestion of 134 impropriety. Mr. Baumgartner offered to contact the League and obtain the names of possible 135 counsel in this matter. 136 137 On the question of scope of the investigation, Mr. Baumgartner explained that there would 138 normally first be a determination on whether an illegal meeting occurred. The definition, by case 139 law, would be a quorum of public officials that meet and receive information about topics they 140 have authority to decide. The investigation would then look at whether the open meeting law 141 was violated, i.e. what was discussed, what impact could the discussion have? A written report 142 on the findings would most likely be provided. 143 144 A council member suggested that another contact with the League of Minnesota Cities shouldn't 145 be necessary and would be redundant. 046 147 There was a comment that redundancy in this matter wouldn't be a bad thing. The path of the 148 current information could be tainted. 149 150 Two council members concurred with the recommendation for the city attorney to seek 151 information on outside counsel, citing that it is important to be completely transparent, honest 152 and accurate in this matter; the preference is also to deal with this as efficiently and quickly as 153 possible. 154 155 The city attorney will provide a list as soon as possible. Additional names beyond the current list 156 are requested. The information will be disseminated to the council through the city clerk and a 157 special meeting may be called. 158 159 Council Member Stoltz moved to direct City Attorney Baumgartner to seek recommendations for 160 outside counsel via the League of Minnesota Cities and bring that list to the city council as soon 161 as possible. Council Member Reinert seconded the motion. 162 163 The mayor noted for the record that these are allegations by one council member against other 164 council members; at the meeting when the allegations were made, there was a strong denial of 165 the accusations by those accused. 166 167 Motion carried; Mayor Bergeson recorded as voting "no". 1168 ADJOURNMENT -4-