12/08/2008 Council Minutes - Laserfiche WebLink

Home Search

COUNCIL MINUTES December 8, 2008 APPROVED 5 6 Council Member Reinert moved to approve Resolution No. 08-134 as presented. Council 177 Member O'Donnell seconded the motion. Motion carried unanimously. 178 179 UNFINISHED BUSINESS 180 A. Open Meeting Law Violation Allegation — investigation results — Attorney Michael 181 Dougherty reported. He was hired by the council to conduct an independent investigation of an 182 alleged Open Meeting Law violation that occurred on July 28, 2008. He has conducted an 183 investigation, beginning with basic information, interviewing involved parties and reviewing 184 necessary documents. His report has been issued to the council and he reviewed his findings 185 included therein. The purpose of the Open Meeting Law is to avoid secret meetings. The event in 186 question was a meeting because three members were present however it doesn't meet the definition 187 of an illegal meeting. His report does include a caution to the council on breaking quorum when 188 the gavel hits. 189 190 It was clarified that the council can continue to discuss items after the gavel has dropped and can 191 continue to make decisions if there is a quorum present. No notice to the public is required on 192 items that are discussed. There is a difference, however, between acting illegally and practicing 193 good government. 194 95 A council member reviewed the process that brought the item to this point. It's been a fair and 6 open process involving an independent investigation by an attorney agreed upon by all council 197 members from a list put together by League of Minnesota Cities. Mr. Dougherty came to the 198 investigation with many years of experience in municipal law. 199 200 Council Member Stoltz moved to accept the report as presented. Council Member Gallup 201 seconded the motion. 202 203 A council member noted the following concerns on the report. It includes a finding that the council 204 meeting was adjourned but the meeting could continue until there were not three council members 205 present. This is not clear since it would appear there were two separate meetings, one of which 206 wasn't properly called or noticed. Also, the report states that the determination of violation is laid 207 within the purpose of the Open Meeting Law, however, two of the three purposes of that definition 208 are ignored. The subject matter of the meeting after the regular meeting was not included on the 209 agenda, a violation of the Open Meeting Law's requirement to inform the public and allow public 210 input. The council member called for a determination regarding those concerns; the report is not 211 complete without that information. The opinion expressed by the report is wrong. 212 213 A council member expressed thanks to the attorney for providing the service of the report to the 214 council. An allegation toward character or integrity is very serious. The independent investigation 215 concluded that a violation of the Open Meeting Law did not occur. The council member suggested 216 that he will be looking further at the Lino Lakes City Council Code of Conduct with the goal of 217 adding what is necessary to ensure that concerns of the body are handled appropriately and •18 professionally; the citizens have requested a better process and they deserve it. -5-