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1\..�" Request for Council Action Date: August 27, 200] Item Number: E-3 Department Approval Manager Approval Agenda Section �� b �,�L Organizational Business ('i60 Item Description: Consider Recommendation of the Ethics Commission that a Complaint Against 7oel 7amnik, Steve Sarkozy, Ed Burrell & Dean Maschka, by 7ohn Kysylyczyn dated July 3, 2001, be Dismissed Back�round: Pursuant to Section IV (D) of the Ethics' Commission's Rules, "When the Commission finishes its further consideration of a complaint the Commission will, in writing: 1. recommend to the Council what the Council should do with the complaint; and 2. give the Commission's reasons for the recommendation. The Commission will send or give a copy of its recommendation and reasons to the Complainant and Respondent. Through one or more of its members, the Commission will present the recommendation and reasons at a Council meeting." Attached is a letter from Ethics Commission Chairperson Connie Pease reporting the results of the Commission's August 17 meeting. At that meeting the Ethics Commission voted unanimously to dismiss the ethics complaint filed 7uly 3 by Mayor 7ohn Kysylyczyn against Finance Director Ed Burrell, City Attorney Joel Jamnik, Council Member Dean Mashka, and former City Manager Steve Sarkozy. Ms. Pease is unable to be attend the Monday, August 27th Council Meeting. Commission Member Tom Ring will be there to present the Ethics Commission's recommendations and reasons, and to answer any questions. Procedure• Inasmuch as the ethics complaint at issue was filed by the Mayor, and inasmuch as the ethics complaint before the City Council involves a sitting Council Member and the City Attorney, I suggest that: . The Mayor 1 recuse himself as to a11 discussion and voting on this agenda item, and turn over the ga�el to the Acting Mayor, Council Member Barb Mastel, who would preside for this agenda item and then turn the gavel back to the Mayor for the remainder of the Council meeting; . Council Member Mashka recuse himself as to a11 discussion and voting on this agenda item; . City Attorney Jamnik recuse himself and not provide any legal advice regarding this agenda item. If this procedure were followed, the three remaining Council Members would still constitute a quorum of the body; a majority of that quorum (that is, two out of the remaining three Council Members) would be necessary to approve any motion. For the sake of clarity, I recommend a separate vote as to each person who is the subject of the 7uly 3 ethics complaint. i Note that the Mayor has retained Keith Niemi, Attorney-at-Law, to represent him in this matter. Communications to or from the Mayor on this issue should involve Mr. Niemi