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Regular City Council Meeting Monday, November 19, 2012 Page 26 At the request of Mayor Roe, City Manager Malinen reviewed the background of the Ethics Complaint received (Attachment A) and written City Attorney re- sponse (Attachment B), as detailed in the RCA dated November 19, 2012. City Manager Malinen noted the process outlined by the City's Ethics Code, with this complaint being the first practical application of the process itself. Upon presentation of the City Attorney's written report to the Ethics Commis- sion, the Ethics Commission recommended that the City Council accept the re- port, dismissing the complaint due to the determination that there had been no violation of the City's Ethics Code by the Human Rights Commission, the City Council or the City Manager. City Manager Malinen advised that the complainant had appeared before the Ethics Commission asking for an opportunity to testify; however, pursuant to City Code guiding the Commission, it was their determination that they were not an investigative body, and their rationale for not opening public testimony would only serve to add more to the record subsequent to research and receipt of the written report on information received up to that point. City Manager Malinen advised that a concern was that this could conceivably become a back and forth dialogue, requiring an additional response. City Manager Malinen noted that the complainant had asked to withdraw the complaint; however, the Ethics Commission had voted not to do so; and stood by their recommendation to the City Council and the requested City Council action tonight. Being recognized by Mayor Roe, City Attorney Gaughan advised that he had no additional verbal comments, believing that the written report spoke for itself. City Attorney Gaughan reminded City Councilmembers that they were not a court of law, and the City's Ethics Code did not provide for a public hearing similar to that used when an appeal was received of an administrative decision. City Attorney Gaughan opined that the process had been followed appropriate- ly. For the record, Mayor Roe referenced an e-mail sent to the City Council's gen- eral e-mail account dated November 17, 2012, by the complainant, seeking to withdraw the complaint. City Attorney Gaughan recommended that the City Council take action to bring closure to the ethics complaint filed and subsequently investigated by his office through action tonight, whether or not the complainant now wished to withdraw the complaint for whatever purpose. City Attorney Gaughan opined that there was no harm for the City Council to address any potential issue of violation; and it would conclude an efficient process and dispose of any complaint activity to- date related to this matter.