BA Amundsen IDR April 11 Part 3 - Laserfiche WebLink

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Attachment 1 — Response to City Letter of July 11, 2019 Case File 62-CV 19-4965 The Letter states that the Council's consistent direction to the Commission has been to simplify language for residents. • I disagree, • MN Statutes do not provide for the Council to "direct" the Commission activities or procedures. • MN 410.12 provides the means for the Council to proposed amendments to be considered by the Commission. • I disagree that the concept of "simplification" is either a purpose, duty of the Commission, or a proper request from the Council for language amendment under 410.12, • The Charter is a legal document and sometimes can be specific with statute language usage. The Letter states that Commission turnover, combined with focus on minutia, extreme formality, and substantive resistance to change as well as repeated rejection of City Attorney advice has compound negative impact. • I disagree with the statement, • My intent is to perform my duties per my oath of office "... that I will support the Constitution of the United States and the State of Minnesota and will faithfully discharge the duties of said office to the best of my judgment and ability, so help me God." • My intent is to follow the duties by understanding MN 410.12 amendment procedures for the Charter. My duty and intent Is to follow those laws, even if they are detailed and formal. • The Commission Bylaws are reviewed, as required, every two years by the commissioners. • The Commission reviewed and approved the Bylaws on January 29, 2019. • The Bylaws established procedures, meeting format, and duties of its officers. • The Bylaws specify the use of Roberts Rules of Order for conducting Commission meetings. • The Letter states that I reject City Attorney advice. I'm not aware of a requirement to automatically accept an attorney's advice and my oath is to also use my best judgment. • ❑uring my tenure the Commission has not appointed a Commission Attorney, Mr. Riggs or any other, to provide regular ongoing counsel. City Attorney Riggs' firth, Kennedy and Graven, represents the City Council. In my opinion there may sometimes be a conflict of interest for an attorney to be providing advice to two clients who may have different opinion at times, • Neither the Bylaws nor the Charter specify the city attorney as the counsel for the Commission, yet the Council and Kennedy and Graven consistently refer to Mr. Riggs as the Commission's Attorney. • In my judgment, it seems prudent for a commissioner to request statute reference or legal standards when hearing legal opinions. Critical thinking and analysis is part of my thinking process and training as a network systems engineer. The Letter refers to the attached document illustration of most commissioners having minimal service. • I disagree with the statement. • The Letter Attachment 1 shows that most members have 2 or more years of service, representing they have served more than half of their appointment time. • The Court may also look at the tenure and see that the most tenured members (William Doty, Jonathan Thomas and myself) are being consistently asked to be removed. Page 8 of 13