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<br /> <br />Mr. Crow said he disagreed and hoped that his colleague would not put words in his mouth <br />as to what he deemed sensitive or not. He said that they are acting as if it was a gray area <br />and it was not. Mr. Crow said if the City Attorney Mr. Martin puts “Confidential and <br />Privileged” at the top of his opinions and for this to be open, Council would need to take a <br />vote to make them public. He said that was not gray and believed the City Attorney does <br />not have authority to waive attorney-client privilege for the Council. <br /> <br />Mr. Price asked the City Manager that when he gave Council legal information from the <br />City Attorney if he requested the City Attorney’s personal opinion or his legal expertise. <br /> <br />Mr. Walker stated that he would be requesting his professional legal opinion. <br /> <br />Mr. Price said then when the City Attorney Mr. Martin has the floor, it should be his legal <br />opinion and not his personal opinion because his personal opinion means zero. He stated <br />if Mr. Martin made a statement from the floor it should be legal not personal. He said <br />legally what the Mayor did was not correct and he said there was nothing secret because <br />he did not send the e-mails out. <br /> <br />Mr. Edward McCarthy, 7101 Princeton Avenue <br />Mr. McCarthy stated that the entire paper Council received from Mr. Martin with the <br />statement at the top was an opinion and it did not have to be confidential. He said Mr. <br />Martin told you it was confidential and he disagreed with Mr. Martin that it was confidential <br />as it should not be confidential at all. Mr. McCarthy stated that the four Councilmembers <br />who voted for the resolution violated the law. He said he did not care whether it was $27 or <br />a penny, the law was broken. <br />Mr. McCarthy said Mayor Welsch broke a rule of the Council, but the four that voted for the <br />resolution violated Missouri Law. Mr. Price asked Mr. McCarthy if he was running for the <br />school board, to which Mr. McCarthy stated he was. Mr. McCarthy said that since the four <br />broke the law then they would have to un-ring the bell, meaning they would have to vote to <br />undo that resolution because they are still in violation of the law. He said Mayor Welsch <br />broke a Council rule so what; the four Councilmembers broke the law. <br /> <br />Mr. Sharpe asked that when Mr. Martin sent information that read “confidential” does he <br />make sure to differentiate between the two that he sends. <br /> <br />Mr. Martin stated no, because whenever he does anything that is distributed to the Council, <br />it always has that banner on top of it. He said attorney-client privilege is intended to foster <br />candid communications between the attorney and the client and that cannot happen unless <br />there is some trust about confidentiality. Mr. Martin stated that he could not look into seven <br />individual member’s minds and make a determination of what they think may be <br />confidential. He said when he deals with something that involved an opinion based on the <br />law, and then the banner goes on that memo. <br /> <br />Mr. Sharpe asked if everything he sent to the Council had that banner on it. <br /> <br />Mr. Martin stated he believed so. <br /> <br />Mr. Sharpe asked how can they as a Council differentiate as to what is confidential or not. <br /> <br />Mr. Martin said there are no rules on that particular issue. <br /> <br />Mr. Sharpe asked Mr. Martin if he could differentiate in some way to help the Council know <br />what is definitely confidential. <br />9 <br /> <br /> <br />