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HomeMy WebLinkAboutMINUTES-01/29/2002-AdjournedJanuary 29, 2002 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Adjourned Meeting - 6:00 p.m. An adjourned meeting of the Council of the City of Fort Collins was held on Tuesday, January 29, 2002, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Bertschy, Hamrick, Kastein, Martinez, Tharp, Wanner and Weitkunat. Staff Members Present: Fischbach, Harris, Special Counsel Brady. Discussion Relating to Alternate Ethics Review Board Mayor Martinez stated that the initial purpose of this meeting was to discuss the next process steps of the alternate ethics review board. He stated that the City has been served with the papers for a lawsuit brought by Eric Hamrick against the City Council and the City of Fort Collins alternate ethics review board. He outlined the main points of the lawsuit and asked if there was a motion to suspend the alternate ethics review board's investigations pending the outcome of the lawsuit. Councilmember Wanner made a motion, seconded by Councilmember Bertschy, to suspend the alternate ethics review board's investigations pending the outcome of the lawsuit filed by Eric Hamrick. Councilmember Hamrick stated that he was in favor of the board continuing its work and that the lawsuit would not hinder the alternate ethics review board's ability to seek information and make a recommendation on whether or not changes should be made to the existing processes. City Manager Fischbach noted that the audio portion of the cablecast was not working for the initial part of the meeting. Mayor Martinez repeated his opening comments after the audio portion of the cablecast was restored. He spoke regarding the importance of allowing time for legal counsel to be obtained. Councilmember Kastein asked if the lawsuit and the alternate ethics review board are addressing the same issues and if efforts would be duplicated if the two run concurrently. 401 January 29, 2002 Councilmember Hamrick stated that he raised other issues that could be addressed by the alternate review board and that the lawsuit addresses specifics in the Code and does not address all of the issues that were raised by Council. Councilmember Weitkunat requested clarification regarding whether the ethics review board and the lawsuit are both addressing Sections 2-568 and 2-569 of the Code regarding ethical rules of conduct and stated that this would duplicate efforts. She stated that it seemed to be appropriate to suspend the board. Mayor Martinez stated that he would like to make sure that the citizen board has time to obtain adequate legal protection and that he would support suspending the board for this reason. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Kastein, Martinez, Tharp, Wanner and Weitkunat. Nays: Councilmember Hamrick. THE MOTION CARRIED. City Manager Fischbach inquired if there would be an opportunity for public comments Mayor Martinez stated that citizen input would be allowed. Kelly Ohlson, 2040 Bennington Circle, spoke regarding the issue of open government and stated that he had hoped that the Council could resolve this matter in a public work session format. He stated that because the Council can go into executive session does not mean that it should and that going into executive session does not mean that everything that is discussed in the session should be private. He stated that the issue is whether revealing such information will do harm to the City and that this determination should be left up to individual Councilmembers. He stated that there is misunderstanding regarding attorney -client privilege and that the client need not necessarily keep the information confidential. He stated that the broad specifics of the performance of the three Council employees and why or why not they are deserving or not deserving of a raise should take place in public. That discussion and that debate on broad specifics. Ross Cunniff, chair of the alternate ethics review board, stated that he was at the meeting to distribute a list of requests for information from the Council that the board needs to make further progress on its investigation. He questioned whether the operation of the alternate ethics review board can be shut down once it has been set in motion. He suggested that the Council seek a legal opinion regarding how the alternate ethics review board may be discharged and closed. Councilmember Wanner stated that the Council has suspended the board rather than dissolved it. He stated that the intent is to continue the board pending the outcome of the lawsuit. 402 Adjournment The meeting adjourned at 6:15 p.m. J ayor ATTEST: 403 January 29, 2002