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-5- <br /> before his court. <br /> Duane moved that he be authorized by the Charter Commission to pursue <br /> legal counsel to determine the rights of the Charter Commission to sue the City <br /> Council for failure to file the term limits amendment adopted by the voters <br /> November 8, 1994. Second by Ruth White. <br /> Duane called the question to end debate but the motion failed. <br /> After further discussion, such as Sue stating "I don't want to get sued by the <br /> City Council in return and have my name listed on a lawsuit and worry about <br /> personal liability if this commission votes to take an illegal act." (paraphrased). This <br /> caused Russ Warren to amend the motion to add: "at no cost or liability on the part <br /> of the Charter Commission." This was seconded by Virgil Beyer. The amendment <br /> passed but then Duane asked to withdraw his motion because he couldn't guarantee <br /> no cost and no liability. Ruth White would not agree to withdrawing the motion she <br /> had seconded. <br /> Now Russ offered an amendment to replace the above one: "at a cost of not <br /> more than $100 to the Charter Commission." This amendment passed. <br /> Jerry Linke challenged the spending of any funds and noted that the $1500 <br /> had easily been spent this year on the lawyer's reviews of the redraft. Duane and <br /> Ruth White offered to pay the fees if the Charter Commission is not able to incur the <br /> costs of the motion. <br /> The vote on the main motion passed. It was close--possibly 7:4. <br /> The meeting adjourned at 8:10 p.m. Duane said that after he gets his <br /> lawyer's opinion on the authority of the commission to sue the council or take some <br /> action, he will immediately call another special meeting to report to the commission <br /> and seek their approval to begin an action. <br /> At one point during the discussions, Sue Hankner asked Duane why didn't he <br /> go to the Council at a televised meeting and have them address his grievances. He <br /> didn't really answer that. He did say that if the three councilmembers present in the <br /> room (Diane Wuori was observing and kept silent the whole time, tough wasn't it <br /> Diane?), could reach a decision to direct the clerk to file the amendment no further <br /> action would be required by the Charter Commission. (Trying to force a violation <br /> of that Open Meeting Law it seems.) <br /> Later that evening Duane called and asked me to read the motion that passed <br />