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the minutes of June 26 should reflect the distinction between a tier one group and tier two <br />group for those interviews. <br /> <br />Ms. Pease opened the meeting by responding to a letter sent by the respondent’s legal <br />counsel. Ms. Pease shared with the commission that she had received a letter from the <br />complainant on June 22, 2001; and she brought it to City Hall for copying on Monday for <br />the Tuesday morning Ethics Commission on June 26, 2001, for the commissioners. <br /> <br />Ms. Pease asked that Mr. Battis provide any comments to address the question of any <br />conflict of interest he may have related to the March 26, 2001, ethics violation claim. <br />Mr. Battis stated that he previously addressed the City Council on the matter of the Cub <br />Foods development at Har Mar Mall as a citizen and did not represent any other citizens <br />in a legal capacity related to the matter. Mr. Battis went on to raise his concern of the <br />receipt of such information at the meeting. Mr. Battis stated he did not have a conflict of <br />interest. <br /> <br />Ms. Pease noted that if Mr. Battis could have brought his involvement forward at the time <br />that the ethics violation claim was brought to the attention of the commission it might not <br />have been an issue. Mr. Battis indicated that his involvement with the matter was on the <br />public record. <br /> <br />The commission went on to clarify that the commission understands that Mr. Lambert <br />filed the March 26, 2001 complaint and he is the complainant of record. Any issues <br />related to how Mr. Lambert secured his information are not an issue the Ethics <br />Commission will address. <br /> <br />Ms. Pease requested that the commissioners review the materials distributed by staff <br />listing several firms that provide investigation services. Ms. Pease asked for <br />commissioner comments. Mr. Ring indicated that in the interest of full disclosure he <br />worked with Kevin Lindsey, one of the firms provided, for approximately six years, <br />while Mr. Ring and Lindsey worked at the law firm of Oppenheimer, Wolff and <br />Donnelly. <br /> <br />Mr. Battis asked Mr. Jamnik if the commission could request that the City Manager sign <br />off on such a contract or if it required City Council action. Mr. Jamnik indicated that he <br />needed to check on that and get back to the commission. Mr. Jamnik stated, however, <br />following the commission’s recommendation, the matter will be taken care of promptly. <br /> <br />Mr. Battis stated that he also wanted the record to reflect he was a practicing attorney. <br /> <br />Ms. Pease stated that Mr. Lindsey had the most reasonable price per hour; and because he <br />came to the commission with a recommendation, she was comfortable with moving <br />forward with engaging his services. <br /> <br />Mr. Battis asked Mr. Jamnik if the cost of the investigation exceeds the current Ethics <br />Commission budget would a request for additional funds require City Council action. <br /> 4 <br /> <br />