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Regular City Council Meeting Monday, November 19, 2007 Page 4 Roll Call Ayes: Roe: Pust; Kough; Ihlan; and Klausing. Nays: None. g. Reaffirm Approval of Final Plat for Moore's McCarron's preserve Roe moved, Ihlan seconded, approval of the FINAL PLAT for Moore's McCar- ron's Preserve, as presented. Roll Call Ayes: Roe: Pust; Kough; Ihlan; and Klausing. Nays: None. 9. Consider Items Removed from Consent a. Adopt a Resolution Establishing a Procedure for Advisory Ethics Opinions (Former Consent Item 8.c) Councilmember Ihlan noted that an issue she'd previously raised related to formal advisory opinions was not reflected in the proposed resolution as presented. Councilmember Ihlan expressed concern that formal advisory opinions created a safe harbor for the person reporting; however since that required confidentiality, there was no recourse for policy makers (i.e., City Council) to be aware of out- comes or how the code was being interpreted, and how to consider future issues accordingly. City Attorney Jay Squires responded with rationale for the language as proposed; noting that the State Data Practices Act would govern what information could be made public, and may require a log being kept, documents redacted, or summaries of formal actions created, rather than actual formal advisory opinions. Mr. Squires suggested that such language recognizing the Data Practice Act could be incorporated into the proposed resolution for consistency, at the discretion of the City Council. Klausing moved, Ihlan seconded, amendment to the proposed procedure (Attach- ment A) as follows: I. Advisory Opinions -revise language, last sentence to read: "A public version of any formal advisory opinions ~+ay [shall] be published by the City [as limited by the State's Data Practices ActJ." II. Formal Advisory Opinions - #4, revise language, second sentence to read: "The Ethics Commission f~ [shall] publish an opinion or a summary of an opinion, [as limited by the State's Data Practices Act], but any such published opinion or summary of an opinion may not include the name of the requestor, or any other information that might identify the requestor." Roll Call Ayes: Roe: Pust; Kough; Ihlan; and Klausing. Nays: None.