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MINUTES
ETHICS REVIEW BOARD MEETING
May 28,1993,at 12:00 Noon
City Attorney’s Office
The Ethics Review Board (“the Board”)met at noon on May 28,1993,
in the conference room of the City Attorney’s Office.In
attendance were the following:Mayor Ann Azari,Mayor Pro Tern
Gerry Horak,Councilmember Alan Apt,Councilmember Gina Janett,
Councilmember Bob Mccluskey,City Attorney Steve Roy and Storm
Water Utility Manager Bob Smith.
The meeting was convened to discuss the following:
1.Selection of a Chairperson.
2.Review of Proposed hiuendments to Sections 2-569 and 2-570
of the Code.
3.Review of an Inquiry regarding the Old Town Master
Drainage Plan:
a.identification of issues,
b.input from affected Councilmembers,and
c.Board discussion and formulation of opinion.
Councilmember Bob Mccluskey was selected to chair the Ethics Review
Board.
The next item of business addressed by the Board was the review of
proposed amendments to Sections 2-569 and 2-570 of the Code.The
Board supported the proposed amendments,indicating that Council
review of the Ethics opinion would be helpful in ensuring that
these opinions have the support of a majority of the Council.
Council review of the opinion of the Board would also afford the
public a better opportunity for input regarding those opinions.It
was recommended that if Council does not approve a particular
opinion,it should evidence its intent with regard to a revised
opinion,and that revised version could be presented to the Council
at its next meeting.The Board also agreed that it would be
helpful to give the Council-approved opinions more weight by
amending Section 2-569 of the Code as recommended to establish
those opinions as affirmative defenses in the event that
Councilmembers acting in reliance on the opinions were subsequently
challenged.
With regard to the proposed amendment to Section 2-570,the Board
agreed that it should be amended so as to clarify when a
Councilmember serving with a private agency is acting in the scope
of the performance of his or her duties,so that a conflict of
Minutes of Alternate Ethics Review Board Meeting
May 28,1993
Page 2
interest would not be found to exist if a Councilmember
subsequently chose to participate in Council decisions related to
those agencies.
Next,the Council discussed the questions presented to the Board by
Councilmember McCluskey with regard to the possible adoption of a
storm drainage plan for the Old Town Drainage Basin.The Board’s
opinion on that subject is attached.
The Board adjourned at approximately 1:20 p.m.
Reviewed and approved by the Ethics Review Board Members Azari,
Horak,McCluskey and Alternate member Apt.
.-teph’n J.Roy,C y Attorney
SJR :whm
Attachment