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Regular City Council Meeting Monday, February 23, 2009 Page 20 language was based on a model from the League of Minnesota Cities (LMC) with suggestions for outlines and content; and that it was provided as a framework for further discussion. Mr. Malinen provided, as a bench handout, additional infor- mation related to such a policy. City Manager Malinen noted that, in discussions with City Attorney Jay Squires, there was some question as to the benefit and/or consistency of a disclaimer for staff e-mails, as addressed on Page 3, line 21; and whether it should be included as a part of that policy. Discussion included individual Councilmember comments to the proposed policy, as indicated in red, in the draft. Mayor Klausing expressed concern that City Councilmembers be prohibited from participating in list serves, if items were not being deliberated or pending before the City Council; and, allowing for more public discussion for elected officials with their constituents; and considerations of First Amendment Speech rights and Open Meeting laws. City Attorney Anderson noted that the draft was prepared from language in the League of Minnesota Cities Insurance Trust (LMCIT) with a concentration on risk analysis and concerns; and that his office been asked to draft language based on previous City Council discussion they would do so with fewer restrictions. Mr. Anderson opined that his office did not necessarily think the draft policy was appropriate as presented, but that it was in keeping with the direction given to them to draft a policy based on LMCIT policy language to initiate discussions and to serve as a talking point. Mr. Anderson advised that his office would take into consideration case law to-date, as identified in his previous Apri12, 20091etter. Councilmember Pust opined that the City Council needed to seek recommenda- tions of their City Attorney, not just consider what was the best version of LMCIT proposals. Councilmember Pust requested additional information based on language address- ing retention issues for individual home computers, addressed on Page 4, Section VI, and data retention consistent with law, but not in perpetuity. Councilmember Johnson concurred with Mayor Klausing, asking that more in- formation be provided on First Amendment Rights; expressing concern that free- dom of speech rights were being squelched, in addition to not encouraging public discussion. Councihnember Johnson questioned whether, by his serving as part of a governing body, he had given up some of those rights. Mayor Klausing responded that Councilmember Johnson's concerns were valid from a public policy standpoint, when elected officials should be encouraged to