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Regular City Council Meeting <br /> Monday,March 18,2013 <br /> Page 12 <br /> and depending on the circumstances, Mr. Gaughan advised that an individual <br /> Councilmembers could be subject to a civil penalty if found in violation, rather <br /> than the government entity itself, and if three violations occurred, they could be <br /> removed from office for a time equal to the amount of time they had served to- <br /> date. <br /> Mr. Gaughan specifically reviewed e-mails among and between Councilmembers <br /> and referenced State Law as well as the City of Roseville Policy on Electronic <br /> Communications. In the Roseville Policy, Mr. Gaughan referred to Section 6 <br /> (page 2) as the most important provision, and cautioned that often perception was <br /> more important than actually reality and often the most difficult area to address. <br /> Mr. Gaughan further referenced a great resource used by the City Attorney firm <br /> and available to individual Councilmembers at IPAD.State.MN.US, a state agen- <br /> cy providing guidance on State Statute and some of the more murky issues. <br /> Mayor Roe cautioned that individual Councilmembers should never "reply all" in <br /> their e-mail communications, even questions to city departments, but should in- <br /> stead send those questions to the attention of the original sender only for his dis- <br /> tribution, and responses provided by his office to the entire City Council. <br /> Mr. Gaughan concurred, noting that provided for an internal chain of command <br /> for City staff. <br /> If information was intended by an individual Councilmember for submission and <br /> inclusion in an agenda packet, Councilmember McGehee asked how to do so in <br /> advance of a packet delivery. <br /> Mr. Gaughan advised that this would be fact-specific, and the best practices for <br /> any communications was to be overly cautious and to follow the procedure previ- <br /> ously addressed, and whether well-meaning or not, to not e-mail the entire City <br /> Council,but to go through the City Manager and request that he distribute it to the <br /> entire City Council from his office if he feels appropriate. If for some reason, he <br /> deems it to be inappropriate, Mr. Gaughan advised that it can then be discussed in <br /> open meeting format by the entire body. <br /> Responding to the request by Councilmember McGehee as to whether newspaper <br /> articles could be forwarded to all, Mr. Gaughan advised that those were a matter <br /> of public record, and typically it would be fine. However, Mr. Gaughan noted <br /> that this pertained only to the article itself, and not any additional comments in- <br /> cluded. Mr. Gaughan reiterated that it was best to err on the side of caution, and <br /> use the best practices method of sending everything through the City Manager's <br /> office. <br />