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Attachment 1 — Response to City Letter of July 11, 2019 Case File 62-CV 19-4965 <br />capacity to the Commission. <br />Commission Bylaws in the officer duties state that the Chair acts as primary liaison to city staff <br />in implementing the decisions of the Commission and that the Commission Secretary submits a <br />copy of the Chair's annual report to the Court and to the City Administrator. (Attachment 3, <br />Article U, Section 2 and Section 4) <br />My comment to City Administrator Zikmund was in the context of Mr. Zikmund and the Chair <br />not returning my phone and email messages for ten days, prior to the May 21 meeting, <br />requesting the "trial" Time Saver minutes, so they could be submitted to the Chair as required <br />by Bylaws. Mr. Zikmund stated that the process had changed and could only say the Chair <br />made the change in consultation with him. He then told me he had invited City Attorney Riggs <br />to the next Commission meeting. <br />The Letter states that "... with the indifference and rejection of advice from the City Attorney (who is <br />council to the Commission) the relationship with City Staff is less than desirable and in fact, difficult." <br />• I disagree with the statement on a number of items. <br />• I have no indifference to the City Attorney. <br />• 1 do consider advice from the City Attorney, but also seek to verify the advice by separate <br />research. During the Commission's May 21, 2019, meeting City Attorney Riggs and I agreed on <br />some points. <br />• MN 410.06 states the Commission is authorized to employ an attorney <br />o "...the commission may employ an attorney and other personnel to assist in framing such <br />charter, and any amendment or revision thereof, and the reasonable compensation and the <br />cost of printing such charter, or any amendment or revision thereof, when so directed by the <br />commission, shall be paid by such city." <br />• To my knowledge and during my tenure the Commission has not made a motion to employ an <br />attorney. <br />• The Commission Bylaws do not set a relationship with the Council's attorney or name them as <br />automatic counsel to the Commission. <br />• 1 disagree with the Letter's assertion that my relationship is difficult with city staff. The <br />relationship with the former City Administrator Ericson, Mayor Flaherty and Mayor Marty were <br />congenial and professional. I also feel that my relationship with Mr. Riggs is congenial and <br />professional. As recently as May 21, 2019, immediately after the meeting we exchanged <br />pleasantries. lie also stated he doesn't take any offense to my questions personally and <br />understands I'm simply asking for informational purposes. <br />Paragraph 10 (top of Letter page 3) <br />The Letter states that at the May 21,2019, meeting I undermined the chair by introducing and insisting <br />on an amended agenda without providing a printed version in advance to the Chair. <br />• I disagree with the statement. <br />My intent at that meeting was to simply ask the Commission to follow the Bylaws' agenda <br />format. At the May 21 meeting the Commission approved the motion to follow Bylaws <br />specified agenda format. <br />It would have been presumptuous of me to bring a printed proposed agenda not knowing what <br />agenda the Commission would approve. No disrespect was intended. <br />Page 10 of 13 <br />