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ANALYSIS <br />As demonstrated above, the City's Ethics Code is premised upon the admonition that Public <br />Official conduct themselves without placing their personal benefit or gain above the City's best <br />interests. In each of the coinplaints here, there is no allegation or even suggestion that Council <br />Members Laliberte and McGehee conducted themselves in a manner that placed their own <br />personal benefit or gain above the City's best interests. Rather, the entirety of Mr. Koland's <br />complaints allege that Council Members Laliberte and McGehee applied their own independent <br />knowledge and opinion to the application at hand, and founded their denial of the minor <br />subdivision application upon concern for the best interests of the City (or, at least, Mr. Koland's <br />neighborhood as a whole). <br />Without any allegation that a Public Off�icial was motivated by personal bene�it or gain in the <br />conduct of his or her official duties, it is not feasible to conclude that the evidence establishes by <br />a clear and convincing standard that violations of the Ethics Code exist. As such, this office <br />concludes that no such violations have been clearly and convincingly established—or even <br />actually alleged—in the present complaints. <br />RECOMMENDATION <br />This office recommends that the City Council find that no violations of the Ethics Code have <br />been established by Mr. Koland's complaints against Council Members Laliberte and McGehee. <br />Dated <br />Respectfully submitted, <br />ERICKSON, BELL, BECKMAN & QUINN, P.A. <br />By: /S/ Mark F. Gau han <br />Mark F. Gaughan <br />City Attorney <br />� <br />