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Attachment 1 — Response to City Letter of July 11, 2019 Case File 62-CV 19-4965 <br />The Letter states that public policy adoption and Charter updates simply fail by reliving the previous <br />Commission meetings. <br />• I disagree with the statement. <br />• The Letter provides no evidence of reliving previous meetings. <br />• The Commission's purpose is to be custodians of the Charter and address citizen petitions or <br />Council resolutions for amendments, as stated in the Bylaws. <br />• The Commission has no requirement to change any part of Charter on its own initiative. <br />• Old business is a standard agenda item, and is designated in Bylaws. <br />The Letter states that the Commission spent 8 plus years discussing issues related to revising Chapter 8. <br />• The Commission's option in 410.12 Subd. 7 has no specific statutory timeline for Charter <br />language considerations or amendments it undertakes by its own initiative. <br />• Charter Chapter 8 did not have a citizen petition or Council proposed amendment to trigger a <br />shorter timeline as specified in 410.12. <br />The flow chart referred to by the Letter is a timeline illustration only and it is visual aid of the <br />steps for the Council and public to follow. It was acceptable to the previous Council <br />membership when unanimously approved for adoption by the Council. <br />The second example of the Commission review of Chapter 4 Nominations and Elections was <br />previously discussed. The July 16 Commission meeting was canceled by the 2" Vice Chair, out <br />of order of proper descent of authority per Bylaws (Attachment 3, Article II, Section 3), under <br />advice of the City Attorney (Attachment 11). Mr Thomas is the Commission Vice Chair and <br />assumes those duties until a new chair is elected. Mr. Thomas has not resigned as acting chair or <br />his commission. This again illustrates the conflict of interest of the City Attorney representing <br />two different entities. <br />The Letter states that the Council advocated for "simplification" in both cases. <br />• I disagree. <br />• No documentation or communication to the Commission of Council direction is provided. <br />Paragraph 8 <br />The Letter states that in January 2018 the Council established goals for Mr. Zikmund as a component of <br />his hiring, to work with the Commission. <br />• Mr. Zikmund did not reach out and attempt to work with the Commission in 2018 while I was <br />serving as the Commission's chair. <br />• Mr. Zikmund did not share any of the Councils concerns as listed in the Letter with me or at <br />Commission meetings. <br />Paragraph 9 <br />The Letter states that the Council direction and support was met with resistance by me. <br />• I disagree. <br />• The Council direction, via the city administrator, regarding Commission activities and <br />procedures is disputed. <br />• The statutes provide no role for the Council and city staff as ad -hock members or advisory <br />Page 9 of 13 <br />