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Special City Council Minutes - 07/31/03 <br />Page 4 <br />Anderson cautioned that Mayor Kysylyczyn should not <br />take part in any of the discussion process or decision- <br />making process relating to the reimbursement claim; <br />recommending that the City's duly-appointed and Acting <br />Mayor should chair the Council meeting during the <br />discussion and voting of the issue. <br />Mr. Anderson stated that the standard for determining <br />reimbursement by the Council was one of what they <br />determined to be reasonable under the facts and <br />circumstances, depending upon the totality of the <br />circumstances and the knowledge of the individual at the <br />time of the conduct that gave rise to the criminal charges. <br />Mr. Anderson concluded that he would remain available <br />during the meeting for consultation and counsel for <br />Councilmembers. <br />Councilmember Schroeder requested clarification from <br />Mr. Anderson regarding atie-vote situation; with Mr. <br />Anderson responding that under general principles, the <br />motion would then fail. <br />Councilmember Schroeder asked for further clarification <br />regarding other scenarios regarding tie-votes, abstentions, <br />and potential political majorities against a specific person <br />with the alleged purpose to chastise a particular officer or <br />employee. <br />Mr. Anderson referenced his legal opinion; and <br />encouraged Councilmembers to base their decision- <br />making through the rationale of context and similar <br />legislation and opined that the Legislature, upon granting <br />municipalities' discretionary authority, recognized the <br />political nature of the decisions, but entrusted that <br />authority to disinterested parties of that discretionary <br />body. <br />Mr. Anderson referenced his continual reiteration of ethics <br />laws as it related to his provision of training for <br />government officials in his capacity of attorney for various <br />