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City Council Study Session -10/17/05 Miuutes - Page 5 Councilmember Ihlan requested a Point of Order to clarify the City Auditor procedure for the City Council's discussion of proposals and Appointments identification of the firms making proposals. Substantial discussion ensued among Councilmembers and City Attorney Scott Anderson related to the Data Privacy Act; confidentiality of proposal terms; and facilitating public discussion and information in an open, public forum. City Attorney Anderson provided his legal opinion and cautioned Councilmembers, relevant to Section 13.591 of the Data Practices Act, and discussion deemed "reasonably necessary" for the Council to conduct business within their authority; and potential legal challenges. Councilmember Ihlan opined her personal disagreement with the City Attorney opinion related to this matter; and questioned his objectivity, since his firm was one of the proposers for City Attorney services. City Attorney Anderson opined that he didn't see his comments as a conflict; as his firm had waived any objection to use of the firm's name. Councilmembers Kough, Maschka and Schroeder concurred with the recommendation of the City Attorney. Councilmember Ihlan continued to dispute whether a consensus had been achieved, and how an intelligent discussion could proceed. Mayor Klausing, while respecting and understanding Councilmember Ihlan's personal opinion, recommended that the City Council abide by the advice of legal counsel and err on the side of caution in their discussion of specific terms of the various proposals and staff recommendations, as supported by Council majority. City Prosecutor Proposals City Manager Beets provided a brief introduction on staffs process in seeking Requests for Proposals (RFP's) to