2016_1003_Ethics Packet - Laserfiche WebLink

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REPORT OF THE CITY ATTORNEY In �e: Complaints Alleging Violations of the Ethics Code Against Council Membe�s Lalibe�te and McGehee INTRODUCTION On September 19, 2016, resident Brad Koland hand-delivered two (2) complaints alleging unethical actions by Council Members Lisa Laliberte and Tammy McGehee. The complaints arise from the council members' denial of Mr. Koland's July 2016 application for a minor subdivision of property located at 1926 Gluek Lane. Specifically, Mr. Koland's application requested a lot split that was recommended for approval by city staff, but was initially denied by the City Council. (A subsequent minor subdivision was approved by the City Council shortly thereafter.) The Council's initial denial was supported by the following findings: 1. The existing storm water runoff and drainage issues in the area are extreme; 2. The proposal does not meet minimum requirements of the City Code for lot width; and, 3. The (additional) runoff from the residential development intended for the subdivided parcel might be injurious to other homes in the surrounding neighborhood. Mr. Koland alleges that Council Members Laliberte and McGehee, who voted for denial of the minor subdivision application, violated the City's ethics code in the course of doing so. Because the coinplaints arise under the same official council action, this of�ce provides its investigative recommendations on both complaints into one consolidated report. Each of Mr. Koland's complaints are attached to this Report. PROCESS Under Section 5 of the Roseville Code of Ethics, complaints alleging ethical violations by council members must be submitted in written form to the City Attorney. The City Attorney is obligated to investigate such complaints and issue a report that documents the results of the investigation. Under Section S.E.2., the City Attorney's report shall be sent to the Ethics Commission, which shall convene and, if it so chooses, issue its own report and recommendation to the City Council. In the alternative, the Ethics Commission may adopt the City Attorney's report and forward the same to the City Council. The City Council then shall take action as it deeins appropriate. The standard for decisions regarding allegations of ethical violations shall be "clear and convincing evidence," which means that the evidence presented is highly and substantially more likely to be true than not. 1