HomeMy WebLinkAbout01/03/1997 Council Minutes•
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SPECIAL COUNCIL MEETING JANUARY 3, 1997
DATE
TIME STARTED
TIME ENDED
MEMBERS PRESENT
MEMBERS ABSENT
CITY OF LINO LAKES
SPECIAL MEETING MINUTES
: January 3, 1997
. 3:35 P.M.
. 4:25 P.M.
: Bergeson, Kuether, Lyden, Neal, Landers
: None
Staff Members present: Marilyn Anderson, Clerk -Treasurer.
Mayor Landers explained that the purpose of the special meeting was to select a person to
review the draft of the transcription of the three (3) audio tapes recorded during the City
Council closed door meetings with Attorney, Michelle Miller. The closed door meetings
were held to review Ms. Millers investigation and findings of alleged harassment at City
Hall. Mayor Landers said that there was some information on the tapes that appears to be
confidential.
Mayor Landers explained that during the Council consideration of this matter, members
were asked to provide names of candidates who were experienced in the field of data
privacy. He suggested that either Jack Clinton or Julie Fleming be considered. Mr.
Clinton would take five (5) to six (6) hours to proof the transcriptions and charge $125.00
per hour. Ms. Julie Fleming would take two (2) to six (6) hours and charge $100.00 per
hour. Mr. Clinton is the Cottage Grove City Attorney.
Council Member Lyden explained that he had contacted Ann Goering, an attorney
experienced in data privacy matters. Ms. Goering was invited to attend this meeting and
was present in the audience. Ms. Goering explained that she had served Prior Lake, Eagan
and the Forest Lake School District in similar circumstances. Council Member Lyden
explained that there are 10 hours of tapes to deal with. Ms. Goering said that she would
charge $135.00 an hour and said that this rate may be negotiable. She explained that
some of her colleagues charge as low as $90.00 per hour.
Council Member Kuether explained that the City Council is looking for someone to
summarize the 10 hours of tapes and eliminate all parts that are protected by the Data
Practices legislation.
Council Member Bergeson explained that he was concerned about the transcription of the
original tapes because the City Council had been advised that names of individuals
mentioned in the original transcription should not be disclosed. Ms. Goering explained
that they are protected until final action is taken by the City Council. Council Member
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SPECIAL COUNCIL MEETING JANUARY 3, 1997
Lyden explained that the City Council took action in October. Ms. Goering asked if the
grievance period had lapsed since that action was taken. Mayor Landers will get this
information.
Mayor Landers expressed concern regarding the technical aspect of this matter. He said
that the City Council will have to investigate to determine if the grievance issues have
been resolved and whether the City Council can or cannot issue a summary of the tapes.
Ms. Goering explained that if all the issues regarding a legal conclusion have been made,
the public is entitled to a summary.
Mrs. Anderson explained that both the Quad Press and the Minneapolis Tribune have
repeatedly requested access to the tapes, minutes of the special meeting on October 14,
1996 and copies of the disciplinary action for those persons judged to be in need of
reprimands.
Council Member Bergeson noted that Mayor Landers was going to contact the League of
Minnesota Cites to see if their attorney would do the review of the draft transcriptions for
all three (3) tapes. Mayor Landers said he did contact the League and originally they said
they were to busy. Now they have decided to not become involved because litigation is a
possibility and the League insurance may have to defend the City. Council Member
Bergeson said he is disappointed with the League because it would seem that they should
show the City how to avoid litigation.
Ms. Goering explained that the City could request an opinion from the State Department
of Administration. Their cost would be about $100.00 per hour and they will provide a
letter of approval to the City. Ms. Goering said that she would write a brief letter to the
Department of Administration which would take three (3) to four (4) hours. The opinion
may say that the City must release the transcription of the tapes with names crossed out
or they could say the City does not have to release any information. Ms. Goering also
noted that the Department of Administration wrote the data practice legislation. The
Commissioner of the Administration Department would provide the ruling.
Council Member Kuether said that she did not want to get hit with an enormous bill and
asked that a limit of $1,000.00 be placed on this matter.
Council Member Bergeson asked Ms. Goering if she was given a copy of the
transcription and one (1) tape, could she get the "flavor" of what this matter is all about,
could she then provide a more accurate estimate of costs. Ms. Goering explained that
there are a number of ways this matter can be handled. Council Member Kuether asked
how long would it take to get an opinion from the Department of Administration. Ms.
Goering explained. Ms. Goering felt that there is no requirement to do a summary of the
tapes. Council Member Bergeson noted that the League was of the opinion that releasing
a document would be enough for the newspapers. Mayor Landers explained that the City
relies very heavily on the Leagues opinion. Council Member Lyden said that an opinion
from the Department of Administration would also be of value to the League.
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SPECIAL COUNCIL MEETING JANUARY 3, 1997
Ms. Goering strongly recommended that the City get an opinion from the Department of
Administration. Council Member Kuether asked if the League would share the cost of
the opinion. No direct answer was given.
Council Member Lyden asked Ms. Goering to describe the range of costs involved for her
to prepare a brief summary of the tapes and submit the matter to the Department of
Administration. Ms. Goering explained that the costs would be under $1,000.00.
Beyond this, she said she would have to review the matter.
Council Member Kuether moved to hire Ann Goering to write a letter to the Department
of Administration and to review their response and provide cost estimates. Council
Member Neal seconded the motion. Motion carried unanimously.
Mayor Landers said that he would give Ms. Goering the three (3) tapes and their original
transcription. Ms. Goering will then verify that the transcripts are correct according to
the tapes.
Council Member Lyden asked how the Charter Commission got a copy of Michelle
Miller's summary. Mayor Landers said he did not give it to the Charter Commission. He
suggested that they got it from the City Attorney. Council Member Lyden asked Mayor
Landers if he had knowledge of who edited the summary. Council Member Lyden also
said that he had talked to Paul Montain about this letter and he insisted that he got a copy
from the Mayor.
Council Member Lyden said that the City Clerk did not have a copy of the summary
dated December 22nd. Mayor Landers said he felt that Ms. Miller's summary of the
investigation and outline of options for discipline were confidential information.
Council Member Lyden asked Council Member Neal if during the investigation he went
out into the community and tried to "whip" up a recall action against him. He said if this
is true, what is the present status of the recall action. Council Member Neal said there
has not been any other action taken.
Council Member Kuether said she did not like Ms. Miller's conclusion. She felt that Ms.
Miller had refused to give a recommendation for action.
Mayor Landers said that he would give Ms. Goering a copy of the personal/confidential
letter received from Ms. Miller dated December 22nd. The City Council received a copy
of this letter today.
Council Member Kuether moved to adjourn at 4:25 P.M. Council Member Bergeson
seconded the motion. Aye.
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SPECIAL COUNCIL MEETING
JANUARY 3, 1997
These minutes were considered, corrected and approved at the March 24, 1997 regular
Council meeting.
Clerk -Treasurer, Marilyn Anderson 'ayor, John Landers
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