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July 27, 2003 Page 2 In order to adequately consider the issues associated with reimbursement for criminal defense expenses, we will examine a number of statutes. Some that come into play are Minn. Stat. 9465.76,9466.07,9 317A.521, and City Code Provision 9 105. These statutes and provisions will be referenced on a number of occasions throughout this letter, and we have attached copies for your ease of reference. We have also attached one Attorney General Opinion. Our goal is to set forth some background facts, identify issues that we think exist, set forth the procedure that I think should be followed by an individual requesting reimbursement by the Council, and answer specific questions that have been posited to us. BACKGROUND In March, 2001, there was an ethics complaint against Mayor Kysylyczyn. Ultimately the complaint was found to be unsubstantiated. Legal expenses were incurred by the Mayor in the defense against that complaint. These amounted to $8,532 for legal services from attorney Keith A. Niemi. On June 17,2002, the matter of paying this expense came before the Council. It was included on the Consent Agenda, item L contained seven purchases/contracts to be approved. Within that was the payment to attorney Niemi. Item M on the Consent Agenda was identified as approving the payment of bills. Approximately 3: 11 :09 into the Council meeting of June 17, 2002, (reference to Webcast time) 1 the Council began consideration of the Consent Agenda. Items Band M were removed from the Consent Agenda. Item M was removed by Council Member Maschka. On a 5-0 vote, remainder of the Consent Agenda was approved by the Council. Approximately 15 minutes after the approval of the Consent Agenda, Mayor Kysylyczyn recognized Council Member Maschka, who had removed item M from the Consent Agenda, to begin discussion of item M. Council Member Maschka stated that it was actually item L that he had intended to remove. Mayor Kysylyczyn noted item L had already been approved and then inquired as to what issue Council Member Maschka had with item L. Discussion ensured. During the ensuing discussion, Council Member Klausing noted that under the City's Ethic Code, Mayor Kysylyczyn should not participate in the vote approving the payment because the Mayor had a financial interest in the matter. Mayor Kysylyczyn then moved for approval of item M, which was approved by a 3-2 vote. Later, Council Member Klausing moved to reconsider item L. The Mayor stated that the issue was over and adjourned the meeting. 1 The agenda materials and Webcast of the June 17, 2002 Council meeting have been fully reviewed.