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MEMO <br />Date: 10/18/94 <br />To: Mary Kueffner - Lake Elmo City Administrator <br />CC: Mayor <br />City Council <br />From: Lee Hunt <br />8810 55th St. No. <br />Subject: Heritage Preservation Commission Meeting of 10/3/94 <br />After following up on comments made by Councilperson Jess Mottaz at the Oct. <br />4th City Council meeting concerning a meeting of the Heritage Preservation <br />Commission I have come to the conclusion that there was no prior notice given <br />for that meeting, or an agenda published. As I am sure you are aware, the <br />Heritage Preservation Commission, as a formal commission of the City, is <br />governed by the provisions of the open meeting law. An agenda should have <br />been prepared, and notice given. If it was an emergency meeting there are <br />provisions for notice, but it appears the meeting was not an emergency. Also, if <br />I am not mistaken, even if there was not a quorum present, they are an official <br />body of the City, and any meeting of it's members when official business is <br />discussed must follow the provisions of the open meeting law. <br />If there was a meeting of the Heritage Preservation Commission that occurred <br />that was in violation of the open meeting law, even if it was inadvertent, the City <br />does need to take some action on this, as the lack of action would indicate that <br />the City finds violations of the open meeting law to be not important. I would <br />suggest that the Council direct the staff to investigate and determine if a <br />violation occurred, if this is an isolated instance, or if other violations of the open <br />meeting law have occurred. If a violation is determined, the City Attorney <br />should then recommend any disciplinary action. <br />I feel that it is important to investigate this matter completely, as there is <br />currently an accusation by David Johnson that that an illegal meeting occurred. <br />To quote David Johnson's complaint "This points to a secret meeting at some <br />time after Feb. 25, `93 (perhaps 3/19/93 as Councilman Jess Mottaz suggests <br />was the date of an illegal telephone pole conducted by Mary Kueffner)...". lam <br />sure that if the City does not fully investigate this matter a further complaint will <br />be filed by David Johnson demanding investigation of this incident. <br />