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2010-06-07 Regular City Council session
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2010-06-07 Regular City Council session
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Council Meeting
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Minutes - Date
6/7/2010
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a motion to get a legal opinion. Mayor Pro-Tem Sharpe asked if he would do that <br />and Mr. Crow agreed. <br /> <br />Mr. Kraft said he would introduce it. The bill had its first reading and is Bill 9074. <br /> <br />Ms. Watson said she had three items concerning this bill and only talked about the <br />first one. Her next question would be who would supervise the City Attorney on a <br />day by day basis if they report to the Council, as there is much work in assigning <br />work, monitoring work and prioritizing and evaluating the work of the City Attorney. <br />Thirdly Ms. Watson wanted to be sure we had a City Attorney with good Municipal <br />experience. <br /> <br />Mr. Crow said he did not know he needed a motion for a legal opinion but would be <br />happy to make one. Mayor Pro Tem Sharpe asked him to make a motion that this be <br />postponed until Council gets a legal opinion. Mayor Pro Tem again asked Mr. Crow <br />to make a motion on this to postpone a vote on this until we get legal opinion. <br /> <br />Mr. Kraft moved Out-of-Order. <br /> <br />Mr. Crow stated the difference he can ask for is that he would welcome a legal <br />opinion on this issue prior to their next Council meeting. He said that he has the right <br />to ask for a legal opinion and is asking for one. He is asking the City to get a legal <br />opinion of this issue and is perfectly comfortable that Ms. Watson can choose <br />someone with Municipal experience not involve with the City and ask for that opinion. <br /> <br />Mr. Kraft said there was not a second. Mr. Price seconded Mr. Crow’s motion. Mr. <br />Kraft said it was not fair when three members of the Council were not here to go <br />ahead and do this. He said that at the next meeting if there is some opinion that it is <br />not legal, that is fine but what you are doing is disenfranchising Council on this. Mr. <br />Crow said he is asking for a legal opinion. <br /> <br />Mr. Kraft said this is the problem the Council has, as the Council has to go through <br />the City Manager to get a legal opinion. He said this is the reason he introduced this <br />ordinance. Mr. Kraft stated it is very clear that it is by ordinance that you get the <br />Department of Legal Affairs not by the Charter. He said we are doing it backwards <br />so we will have a City Manager who tells us she thinks it is wrong and she is the one <br />who will find us an attorney to give us an opinion. Mr. Kraft said it doesn’t seem to be <br />the most unbiased way to get an opinion. Mr. Crow said he trusts Ms. Watson’s <br />professional experience and feels quite comfortable with it. <br /> <br />Mayor Pro Tem said that at one time the Council had set aside a certain amount of <br />money for a legal opinion. The City Clerk verified that it had been taken out of their <br />budget several years previously when reviewed by the City Manager and Finance <br />Director. <br /> <br />Mr. Kraft asked for a compromise to empower the Mayor to find the legal Counsel for <br />an opinion. Mr. Crow said that if it is not the City Manager, then it should be the <br />majority of the Council. Mr. Crow said he still has a motion to let the City Manager do <br />it. <br /> <br /> <br /> 10 <br /> <br />
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