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ARDEN HILLS CITY COUNCIL – NOVEMBER 13, 2023 13 Mayor Grant stated he believed this was not something that the Council should take action on from the dais. He understood the PTRC Chair wrote a letter, but he did not know how many members from the PTRC were in agreement. In addition, the letter lacked specifics. He strongly recommended action not be taken at this meeting, but that the matter be addressed in a closed session. He indicated these were volunteer committees and this individual has put a great deal of effort into some of the PTRC efforts for the benefit of the City. He stated he was struggling with how to proceed given the fact he did not have specifics. He indicated the Council was being asked to choose a side and he didn’t like that either. Councilmember Holden explained the Chair has not approached the individual about his behavior. She stated she reviewed the minutes for the last eight months and there was nothing in there that indicates there were issues or problems. She reported she did not read anywhere that the Chair was going to resign because someone was on the committee. She stated when she spoke to Marie in June, Marie was thinking about resigning. She understood this was sensitive data, but there was nothing in the note that detailed what occurred. She believed she could not vote yes or no until she knew what the truth was. City Attorney Schmidt pointed out that a person serving on a volunteer committee does not have a property interest or liberty interest in the position. Rather, these individuals serve the good of the community by appointment without debate by the City Council. She indicated there was no evaluations done on these individuals on an annual basis. She stated the Council can appoint these individuals and can unappoint these individuals. Councilmember Monson commented on the serious nature of this request. She reported a letter was sent from the Chair of the PTRC to the City Administrator that was brought to the City Council. She stated this spoke to her regarding the issue with the behavior. She indicated there were times when it was inappropriate or unsafe to direct somebody directly and that was why the Council was addressing this matter. She stated she supported the Council liaisons recommendation in this effort. She explained the PTRC would be meeting again tomorrow night and if no action was taken, this would be an awful meeting. She questioned if the Council could make a motion to request Mr. Kelliher to not attend the PTRC meeting tomorrow night, should this item be held over. City Attorney Schmidt stated there is no clear in between, which made it difficult for her to give legal advice. She reported the Council appoints and the Council unappoints. Councilmember Fabel indicated he has the highest level of respect and confidence in Councilmember Rousseau. He appreciated her efforts to protect this Commission. He stated despite what the City Attorney says about legal rights, the City Attorney is also aware that frivolous law suits can come about from contentious situations. He indicated these law suits can be costly to bodies, both politically, publicly and financially. He explained this situation has the smell of a frivolous law suit. He stated he supported Councilmember Monson’s suggestion to request Mr. Kelliher to stay away from the PTRC until the Council has a chance to hold a closed session. He reported this would give Mr. Kelliher the chance to speak and present his position in a private capacity before the Council takes action.