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~~ <br />Mounds View City Council August 27, 1990 <br />Regular Meeting Page Nine <br />~~Y~~~~~~~~~r~.~~.~~~~~~ <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. Barney 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 Council.members 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 Barney 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 />