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HomeMy WebLinkAbout01/03/1997 Council Minutes• • • 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 PAGE 1 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. PAGE 2 • 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. PAGE 3 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 PAGE 4