2003_0811_packet - Laserfiche WebLink

Home

Special City Council Minutes — 07/31103 DRAFF Minutes - Page 3 Chapter § 317A.521 related to Indenmification; and an State of Minnesota Attorney General opinion dated December 5, 2003 on a related matter regarding definition of contracts, conflict of interest, and a definition of pecuniary interest. Mr. Anderson reviewed this documentation individually and respectively; and encouraged Council focus on Minnesota State Statute, Chapter §465.76 for the matter before the Councihnembers. Mr. Anderson reviewed several portions of the City's Code 105, particularly in Section 105.02, applicable to this meeting's focus, opining that there may be portions that appeared to be in conflict with State Statute, and recommended future direction to his office to review this Code to determine which sections mirrored or conflicted State Statute. Mr. Anderson opined that one area of note was the "Laws of Conflict" doctrine that rendered certain municipal laws invalid when not reconcilable with Minnesota State Statute (i.e., Minnesota Statutes §§ 465.76 and 317.A21 related to non -profit corporations and their decision - making authority). Mr. Anderson strongly cautioned the Council to act on Minnesota State Statute § 465.76 and its provisions regarding their discretionary powers and approval of reimbursement. City Attorney Anderson concluded with a summary of the legal opinion and recommended procedure to follow in a request for reimbursement of criminal defense costs, as yet forth under Minnesota Statue § 4b5.76. Mr. Anderson advised that the decision needed to be made by four (4) Councilmembers who did not have an interest in the ratter. Mr. Anderson further advised that reimbursement would be considered following receipt of a written request, with submission of an itemized and detailed billing statement in order for the governing body to determine that the amount sought in reimbursement represents reasonable fees. Mr. Anderson cautioned that Mayor Kysylyczyn should not