2002 City Council Minutes - Laserfiche WebLink

Home Browse Search

Mounds View City Council January 7, 2002 Special Meeting Page 20 City Attorney Riggs indicated that the City would run into a serious problem with trying to ask what any private entity does with its dollars. He then agreed with Council Member Quick that the system broke down badly and noted that, based on conversations he has had with the City Administrator, it is questionable whether the city has a valid contract with TSS. He fuuther commented that Council needed to decide how far to go out with this matter because he thinks the City is chasing good effort after bad. City Attorney Riggs indicated that the issue of warranty could be researched and then commented that either Council takes the response provided by Mayor Sonterre or it does not. He then indicated that the City has had problems obtaining information from the vendor and he would be surprised if the City would be able to get any more information because the City is not the direct purchaser of the equipment. He further commented that the matter is so bungled at this point that it would be very difficult to come to a resolution on the numbers. City Attorney Riggs indicated that Council had asked for information based on what recourse Council may have and the City Administrator was attempting to respond to that request. Council Member Thomas asked whether the City had any legal authority to obtain expense information from a private company. City Attorney Riggs indicated it would depend on the contractual relationship between the • company and the City and it is arguable that the contract was void from the start. He then commented that, if the City had followed proper protocol, this never would have been done. He further commented that if he had been asked he would have told the City it was illegal. He also commented that, if proper purchasing procedures had been followed, meaning Staff would come to Council for approval of the purchases, this would not have happened and there is no evidence that Staff ever brought this forward for approval. Mayor Sonterre asked, for clarification, whether the actual purchase was illegal by City Code or state statute. City Attorney Riggs answered that the City did not follow the established process. Council Member Quick commented that City Staff did not follow the established process. City Attorney Riggs confirmed that Staff did not bring the matter to Council for any type of normal purchasing approval and said, from that standpoint, there is a question of whether the City ever authorized the purchase. Mayor Sonterre asked the City Attorney whether the actions and investigations of Council Member Marty were in violation of the City's Charter as it pertains to investigations. City Attorney Riggs indicated that the Charter was set up to allow the authority for investigations to lie with the Mayor or the Council as a whole. He then commented that, as noted, it appears