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2003_0811_packet
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Special City Couticil Minutes — 07/31/03 <br />DRAFT Minutes - Page 11 <br />City Attorney Joel Jamnik, he could support the motion <br />without issue, given that Mayor Kysylyczyn would have <br />then been clearly acting within the scope and lawful <br />performance of his duties under counsel of the City's <br />Attorney. However, Councilmember Maschka advised <br />that without that knowledge he was not willing to be <br />supportive of the motion. <br />Councilmember Schroeder reiterated his support of the <br />motion; stating that Mayor Kysylyczyn had been found <br />innocent by a judge; opined that the legal issues had been <br />resolved; and that he would be making a decision on the <br />information before him, and in accordance with Minnesota <br />Statute § 465.76. <br />Acting Mayor Kough reiterated his discomfort in making <br />this decision, even with the City Attorney's legal opinion <br />before him and his inability to disassociate his personal <br />feelings from the decisions to be made. Acting Mayor <br />Kough concurred with Councilmember Schroeder's <br />comments that the charges previously filed against Mayor <br />Kysylyczyn had gone through litigation, had been resolved <br />and he had come out with a clean slate. Acting Mayor <br />Kough expressed his displeasure with the extended bills <br />from that litigation, but with the City Attorney reviewing <br />the bills, he opined that he needed to put himself in the <br />Mayor's position, citing the hardships endured by Mayor <br />Kysylyczyn in being charged and then exonerated of the <br />criminal charges against him. Acting Mayor Kough <br />defended his and Councilmember Schroeder's attempts to <br />provide Councilmember Klausing notice of tonight's <br />meeting; and again expressed his support of the motion, <br />the Council's need to make tough decisions, and the need <br />for the City Council and community to move forward,. <br />City Attorney Anderson addressed once again his <br />definition of the legislative concept of "disinterested <br />party" as he had clarified to Acting Mayor Kough during <br />the recess, as per Statute being related to monetary <br />interest. City Attorney Anderson stated that his <br />preconceived and anticipated range in which the Mayor's <br />
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