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City Council Regular Meeting - 01/31/05 Minutes - Page 25 Mayor Klausing questioned the appropriateness of Councilmember Kough's written complaint at the dais in a public meeting; as well as the City Council not having seen the written complaint prior to the meeting, thus limiting their ability to respond. Mayor Klausing recommended the issue appeared to be one of employee performance and should therefore be directed to the City Attorney. City Attorney Anderson concurred with the lack of prior knowledge and presentation of the written complaint; and recommended that Councilmember Kough follow the formal complaint procedure outlined for a Statutory City, and in accordance with established City Code. City Attorney Anderson also addressed the procedure for citizen complaints of a City Manager. City Attorney Anderson also noted that he would prefer to review the various requirements, as well as the City Manager's contract prior to making further comment on an issue of employee discipline. Mayor Klausing recommended that Councilmember Kough refer his written comment to the City Attorney's office for additional investigation. City Manager Beets requested a copy of Councilmember Kough's written complaint. John Kysylyczyn appeared to make public comment, but was not recognized by the chair. Discussion resumed among Councilmembers related to frustrations with communication issues; additional legal fees outside the normal City Attorney retainer for this type of investigation; and ongoing investigation of the Police Department into the citizen's complaint. City Manager Beets provided a brief response on his perspective of the citizen complaint and ongoing Police investigation. City Attorney Anderson directed that the discussion stop and that proper complaint procedures be followed outside this public forum.