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2003_0811_packet
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Special City Council Minute -- 07/31/03 <br />DRAFT Minutes - Page 6 <br />Acting Mayor Kough expressed his difficult position to <br />detennine whether the matter was handled properly; the <br />legality of the former Ethics Commission and the former <br />City Attorney's defense of that Commission on behalf of <br />the City; and the position the entire process had put the <br />mayor in with no legal assistance without hiring his own <br />personal attorney. <br />Mr. Anderson respectfully disagreed with Acting Mayor <br />Kough opining that individuals normally hired their own <br />attorneys and that the City Attorney represents the City <br />and Council as a whole, not necessarily individual <br />Councilmembers in civil or criminal action; and cautioned <br />focus on this aspect, opining that it was not relevant to <br />tonight's discussion. <br />Acting Mayor Kough again expressed his concern in <br />making the right decision and how he could remain <br />disinterested; and questioned how the Council determined <br />and interpreted "reasonable" legal fees., <br />Mr. Anderson responded that the Council should seek the <br />expertise of their City Attorney; given that criminal and <br />civil defense attorneys had standards for normal and <br />customer billing ranges. <br />Mr. Anderson reiterated his definition of "disintexest" in <br />order to alleviate concerns that a Councilmember needed <br />to disqualify himself for perceived interest in a matter. <br />Mr. Anderson reviewed the interpretations for discerning <br />authority of the governing body; opining that every <br />decision before the Council was of some interest to them, <br />as they considered the best of the City and its constituents, <br />but that the law specified interest in a pecuniary nature to <br />further define the responsibilities of the governing body. <br />Mr. Anderson further opined that every legislator was <br />allowed the privilege to keep confidential their rationale <br />for voting to themselves. <br />Acting Mayor Kough questioned City Attorney .Anderson <br />on whether this discussion should be held in closed <br />
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