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<br /> <br />Mr. Martin said no. <br /> <br />Mr. Sharpe asked Mr. Martin if mostly everything that he sent to Council was confidential. <br /> <br />Mr. Martin said pretty much. <br /> <br />Ms. Carr asked Mr. Martin, regarding the RSMO and the Open Law Act, if the release was <br />a violation of state statutes. <br /> <br />Mr. Martin said he believed he answered by saying that he could not give Council the exact <br />section because he did not have it in front of him, but would not be surprise if that was <br />included in the statute. <br /> <br />Ms. Carr said all of Council had a part in establishing the Council rules and she reminded <br />everyone of rule #37 regarding contents of executive sessions and confidential memos <br />must be kept confidential. She stated that she would like to know what law school Mr. <br />McCarthy graduated from. She reminded Council of what Mr. Kraft said repeatedly before <br />it goes before a judge, but as long as Mr. Martin was the City Attorney, agree with him or <br />not, he issues the legal opinion for the City. Ms. Carr said she might argue or seek other <br />Counsel, but she had no authority or right to dismiss, on behalf of the City, Mr. Martin’s <br />opinion nor does she have the authority unilaterally to open those closed records. She <br />stated that she would expect the City Attorney to be honest with them and she would like to <br />foster that relationship because Council needed guidance, but she was very concerned <br />about confidential documents that put the City at risk. <br /> <br />Mr. Crow said that this must be a bright line and not a gray area because when Mr. Martin <br />said to Mr. Sharpe that every communication that the Council receives has the heading of <br />confidential and privilege. He said if every communication Mr. Martin sent is confidential <br />and privileged then the Missouri Statutes said that the only way for it not to be would be for <br />the body to vote that it be made public and asked where the gray area was. <br /> <br />Mr. Martin stated that when he mentioned gray area, he meant drawing fine distinctions <br />between different issues, different paragraphs within an opinion, which is difficult to say this <br />was not confidential or privileged or really a legal opinion was just factual was not his place <br />to draw those lines. <br /> <br />Mr. Price said the City Attorney could not decide for the City what is important and what is <br />not. He said the City has to make that determination of how much weight the Council <br />would put on that item when they convene. <br /> <br />Mr. Martin said that was correct. <br /> <br />Mr. Price said if he is going to send something out and he knew it could be inflammatory or <br />have people say things that are not true then he would not do it. He said to have someone <br />make a blanket statement as an elected official, he needed to have more prudence than to <br />release things without discussion with the attorney and now have a misconstruing of what <br />was real or not. <br /> <br />Mr. Price stated he supported the school and the gym greatly because those kids deserve <br />to play in a gym without the roof leaking, tile falling on the floor and fixing the Natatorium. <br />Mr. Price wanted everyone to know of his support of the kids and the parents who are the <br />taxpayers of University City. <br /> <br />10 <br /> <br /> <br />