Agenda Packets - 2002/02/11 - Laserfiche WebLink

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Mounds View City Council January 7, 2002 Special Meeting Page 20 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 that the City is having difficulty obtaining information due to the contacts that were made. He further commented that he would need to further research whether or not it was a violation of the City’s Charter. MOTION/SECOND: Quick/Thomas. To Direct the City Attorney to Research Whether the Actions of Council Member Marty Concerning the Fitness Center Equipment Investigation Are in Violation of the City’s Charter and Provide a Written Report to Council. Council Member Stigney commented that he felt it was not necessary to pay the City Attorney to review the City’s Charter and provide a report. Ayes – 3 Nays – 1 (Stigney) Motion carried. Council Member Marty abstained from voting on the matter. Council Member Quick made a point of order that Council Member Marty needed Council permission to abstain from voting and stated he did not give his permission for Council Member Marty to abstain. Council Member Marty stated that he felt, since the matter concerned him, he should abstain from voting. He then asked Council for permission to abstain from voting.