Laserfiche WebLink
<br />Special City Council Minutes - 09/03/02 <br />Page 10 <br /> <br />he did have several questions that had been brought to his <br />attention earlier in the day, and asked that the Charter be <br />reviewed by legal Council, but reiterated the Council's <br />obligation to put it on the ballot as requested. <br />Councilmember Schroeder concurred with Councilmember <br />Kough, supporting the Charter and the Council's obligation to <br />put it on the ballot. <br /> <br />Mayor Kysylyczyn read, for the public record, Minnesota <br />Statute 609.43 regarding "Misconduct of a Public Employee or <br />Official," and quoted those specific areas regarding potential <br />fines and/or imprisonment for a public official intentionally <br />failing or refusing to perform their statutory requirements. <br />Mayor Kysylyczyn further stated that he would be filing civil <br />charges against any Councilmembers voting "no" on this <br />particular motion. <br /> <br />Councilmember Maschka asked for an opinion from City <br />Attorney Jamnik. <br /> <br />Mayor Kysylyczyn reiterated his intention to personally file a <br />criminal complaint, along with a member of the Charter <br />Commission, through the City Prosecutor and County Attorney, <br />with them making final determinations. <br /> <br />Councilmember Klausing asked that, rather than threatening <br />Councilmembers with criminal action, City Attorney Jamnik's <br />opinion be allowed. <br /> <br />City Attorney Jamnik responded with his opinion on the intent <br />of the Statute, and potential actions of the County Attorney <br />upon receipt of the Council resolution showing other than a 5-0 <br />vote. <br /> <br />Councilmember Maschka asked City Attorney Jamnik ifhe <br />would be allowed to abstain, and City Attorney Jamnik <br />responded in the affirmative. <br /> <br />Mayor Kysylyczyn asked for Councilmember Maschka's <br />reasons for abstention. Councilmember Maschka declined <br />comment on Mayor Kysylyczyn's question. <br />