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UNAPPAOVED -- <br /> _ _ <br /> Mounds View City Council August 27, 1990 <br /> Regular Meeting. Page Nine <br /> Mayor Hankner made reference to her letter of two weeks ago in <br /> the Bulletin and offered to see that Ms . Rickaby receive a <br /> copy of it. <br /> Ms . Rickaby continued to ask the question as to when the <br /> decision was made to hire a lawyer. Was it before Mayor <br /> Hankner spoke to the Council or was there an open meeting <br /> where the decision was made? <br /> Mayor Hankner stated there had been performance reviews <br /> of Mr. Pauley. His performance had been discussed <br /> with him at those meetings . The final decision came when the <br /> vote occurred. <br /> Mayor Hankner stated it was a personnel issue and that the <br /> Council is responsible for 30 some employees . Hiring and <br /> firing is up to the Council. Apologized for not <br /> being able to knock on everyone's door and seek their advice <br /> as to what they would do in this situation. <br /> • Mr. McCarty stated he had no hard feelings towards <br /> Mr. Karney or Mr. Meyers and that he had worked with <br /> them for 6 years and trusted them completely and was always <br /> given good direction, however he stated that when he <br /> was Mayor he never allowed an attorney to give him final <br /> direction. <br /> Mr. McCarty made a final statement regarding the open meeting <br /> law and that notice has to be given even in the meeting is <br /> a closed meeting. He further stated facts regarding <br /> the meeting of Councilmembers outside of Council Meetings and <br /> the consequences that may occur if they violate <br /> this law. <br /> Mr. Pahl questioned the Council that if they were wrongfully <br /> advised in the resignation of Mr. Pauley, could they sue <br /> the advising attorney of malpractice? <br /> City Attorney Karney stated its difficult to prove malpractice <br /> and there seems to be no reason for this situation to be <br /> looked at as such. <br /> Mr. Pahl again questioned if the Council could relook at the <br /> contract and see if wrongful advice had been given. <br /> • Mr. Frits, made a statement regarding malpractice. Mr. Frits <br /> also questioned why the Council did not accept Mr. Pauley's <br /> resignation if they had already made a decision. <br />