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<br />Regular City Council Minutes - 5/12/03 <br />Page 28 <br /> <br />City Attorney Anderson clarified several items brought up <br />during discussion, including communication between <br />counsel and client as it related to Open Meeting Law <br />concerns; and reiterated his caution to Mayor Kysylyczyn <br />to participate in the motion or discussion due to potential <br />conflict of interest concerns that may be raised. <br /> <br />Discussion ensued. <br /> <br />City Attorney Anderson reiterated his advice to the entire <br />Council; opining that: <br />A) The motion, as made, is improper as it <br />assumes there is no disinterested board; and <br />no formal request for reimbursement had <br />been received from Mayor Kysylyczyn, <br />therefore, the proper steps are not in place. <br />B) Even prior to receiving an opinion from the <br />Attorney General, common law would dictate <br />that there is a consideration for financial <br />benefit on this matter; that member should <br />not vote or take part in the discussion, <br />particularly given that the Mayor is the party <br />in question, and he controls the meeting as <br />the Chair, and the actions might not be seen <br />as appropriate by people outside the City <br />Council. <br />City Attorney Anderson strongly recommended that this <br />item not be processed in this manner, speaking of his <br />attempt to avoid potential issues for the body and <br />Councilmember as individuals, and his interpretation of <br />the motion being improper. <br /> <br />Mayor Kysylyczyn reiterated his position, but offered to <br />submit a written request for reimbursement. <br /> <br />Councilmember Kough expressed his appreciation to City <br />Attorney Anderson for his comments; and encouraged <br />Mayor Kysylyczyn to comply with Mr. Anderson's legal <br />expertise. <br />