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Department Item i� � Request for Council Action Manager Approval / � 9�� I Date: November 26, 2001 Item Number: E-1 Agenda Section Organizationat Business Consider Recommendation of the Ethics Commission Against John Kysylyczyn by Richard Lambert dated March 26, 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 C�mplainant and Respondent. Through one or more of its members, the Commission wil( 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 October 22, 2001 deliberations. At that meeting, the Ethics Commission voted to dismiss the ethics complaint filed March 26, 2001 by Richard Lambert against John Kysylyczyn. The Ethics Commission Chair, Connie Pease will attend the November 26, 2001 City Council meeting to present the Ethics Commission's recommendations and reasons, and to answer any questions. Procedure• Inasmuch as the ethics complaint at issue was filed against 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' recuse himself as to all discussion and voting on this agenda item, and turn over the gavel 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 Maschka recuse himself as to all 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. ' 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