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City Council Regular Meeting— OS/22/06 DRAFT Minutes - Page 29 Discussion ensued regarding process. Councilmember Pust opined her support of leaving Item F in the proposed code, noting the ability of a Councilmember to identify themselves as speaking on their own; and opining that she saw no violation of First Amendment rights in the language. Councilmember Maschka expressed concern that the language was vague. Roll Call Ayes: Maschka; Ihlan and Kough. Nays: Klausing and Pust. Kough moved, Ihlan seconded, by adding a provision identified as Item "It" to Section 3(Ethical Considerations), on page 6 of the Ethics Code, to add language, "Authoritv. No public official shall exceed his or her authority, or breach the law, or ask others to do so." Discussion ensued regarding the vagueness of this proposed amendment. City Attorney Anderson noted that the "breach the law" language was already in the proposed code; and the proposed amendment should delete "...or breach the law,". .. Councilmember Ihlan spoke in support of the motion, opining the definition of the City Council and City Manager's authority and roles. City Attorney Anderson advised that several of the language concerns dropped from this version of the code were dropped because it was determined that there were more appropriate methods to address an employee, or the City Manager, exceeding their authority through the City Council's disciplinary authority that the City Council holds over the City Attorney and that the City Manager holds over the employees under direct supervision. Mayor Klausing spoke against the motion.