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City Council Regular Meeting — 04/10/06 <br />DRAFT Minutes - Page 17 <br />Public Comment <br />John Kysylyczyn, 3083 N Victoria Street <br />Mr. Kysylyczyn questioned whether the hearing officer <br />would be a City employee. <br />City Attorney Anderson clarified that it would not be a City <br />employee, but that the ordinance would not designate the <br />party, in order to allow the City Council discretion in how <br />they chose their hearing officer in any given case. <br />Councilmember Kough questioned if the City Attorney <br />would serve as the hearing officer. <br />City Attorney Anderson responded negatively; noting that <br />the City Attorney would be advising the City Council on the <br />hearing officer's recommendation. <br />Mr. Kysylyczyn questioned whether the Police Department <br />had an outside person that they currently used for <br />administrative tickets. <br />Chief Sletner responded negatively. <br />Roll Call <br />Ayes: Ihlan; Kough; Maschka; Pust and Klausing. <br />Nays: None. <br />Ihlan moved, Kough seconded, to move forward to schedule <br />a public hearing under current ordinance for those three <br />cases from 2005. <br />Discussion included potential double jeopardy issues and the <br />lack of a legal opinion on those previous cases. <br />City Attorney Anderson cautioned, as the City's legal <br />counsel, that the City Council not pass a motion without their <br />office further reviewing and determining if significant issues <br />related to due process and double jeopardy may exist after <br />the penalty had already been imposed. <br />Councilmember Ihlan defended her desire to have current <br />