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Regular City Council Meeting <br />Monday, October 10, 2016 <br />Page 18 <br />tion of the Preamble to the Ethics Code related to ethical considerations. Mr. Ko- <br />land clarified that the basis of his complaint(s) stemmed from mailings sent out <br />for his Minor Subdivision land use application and the City Council's role, refer- <br />encing and displaying the post card mailing for the public hearing on that land use <br />application. Mr. Koland stated that his concern was with false statements he con- <br />sidered had been made, and staff recommendations made related to the subdivi- <br />sion of lots as submitted in his application and how square footage and lot config- <br />uration had been interpreted from his perspective. Mr. Koland opined that if find- <br />ings of individual city council members were personal opinions and not that of <br />elected officials of the City Council, he questioned where accountability for those <br />opinions came in during the course of city business, and their reliability for those <br />judgments or whether they became questionable. <br />City Attorney Gaughan responded briefly noted that such robust discussions and <br />individual opinions were frequently part of the decision-making process of elected <br />officials, including the City CounciL Mr. Gaughan refocused tonight's discussion <br />on the formal written complaint merely consisting of an accusation of violation of <br />the City's Ethics Code. Mr. Gaughan noted this didn't in any way state that it <br />wasn't important that public officials treat citizens fairly; noting the process for <br />citizens to voice their displeasure if they felt a public official hadn't duly executed <br />the duties of their office through the election process. Mr. Gaughan reiterated the <br />intent of the Ethics Code to be applied when a public official used their position <br />for personal interest or gain versus that of the city and its broader constituency. <br />Specific to the Preamble clause of the Ethics Code addressed by Mr. Koland in <br />his statements tonight, City Attorney Gaughan noted Mr. Koland's misunder- <br />standing of the City Attorney's written report and reference, suggesting that as the <br />complainant, Mr. Koland alleged that Councilmembers Laliberte and McGehee <br />failed to follow proper channels by not simply rubberstamping city staff's rec- <br />ommendation for approval of Mr. Koland's Minor Subdivision application. Mr. <br />Gaughan clarified language in the Preamble as well as Section 1 of the Ethics <br />Code, specific to individual opinions related storm water mitigation concerns in <br />this particular case. <br />Councilmember Willmus advised that he had viewed the Ethics Commission and <br />report of the City Attorney to that body, noting that it had proven a robust discus- <br />sion; and left him in agreement with the Commission that no violation of the Eth- <br />ics Code had occurred. <br />Willmus moved, Etten seconded, concurrence with the findings of the investiga- <br />tion and recoinmendations of the City Attorney and recommendation of the Rose- <br />ville Ethics Commission, that no violations of the Ethics Code had been estab- <br />lished by Mr. Koland's complaints against Councilmembers Laliberte and McGe- <br />hee; and no further action was indicated. <br />