City Council - 04/01/2003 - Workshop APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM
TUESDAY,APRIL 1,2003 CITY CENTER
5:00 - 6:25 PM,HERITAGE ROOM H
6:30—7:00 PM, COUNCIL CHAMBER
CITY COUNCIL:
Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher,Ron Case, and Jan Mosman, and
Philip Young
CITY STAFF:
City Manager Scott Neal, Police Chief Dan Carlson,Fire Chief George Esbensen,Public Works
Director Eugene Dietz,Director of Parks and Recreation Bob Lambert,Management and Budget
Director Don Uram, City Attorney Ric Rosow, and Recorder Lorene McWaters
Heritage Room II
I. CALL MEETING TO ORDER
II. APPROVAL OF AGENDA
III. DISCUSSION TOPICS
A. Data Practices, Open Meetine Law, Conflict of Interest and Gift Ban
City Attorney Ric Rosow presented information on data practices, open meeting
laws, conflicts of interest and the gift ban. He said he had presented much of the
same information to the new Board and Commission members at their recent
orientation session.
Rosow reviewed what constitutes government data and which data is considered
"public." He also reviewed a case study involving a personnel issue in which
privacy laws were violated. Rosow outlined which meetings are required to be
open to the public and other rules pertaining to closed meetings,notice of
meetings, and discussion of non-public data at open meetings. He pointed out
that the courts can consider serial communications a violation of the open meeting
law depending on the individual case.
Rosow explained that public officials must avoid conflicts of interest by
abstaining from deciding matters that could result in personal financial gain or
personal benefit. He reviewed which situations are exceptions to the conflict of
interest rules. Rosow said the gift ban law states that public officials cannot
accept gifts from interested persons,lobbyists, or principals. A gift is money,real
City Council Workshop Minutes
April 1,2003
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or personal property, a service, a loan, a forbearance or forgiveness of
indebtedness, or a promise of employment that is received without the giver
receiving equal or greater consideration(compensation).
IV. OTHER TOPICS
Council Chamber
V. OPEN FORUM (Scheduled participants, 6:30-6:50 p.m.)
There were no scheduled participants.
VI. OPEN PODIUM (Unscheduled participants, 6:50-7:00 p.m.)
Mr. Dipak Shah said he had tried to make certain points regarding Councilmember
Case's Eden Prairie News commentary at the March 18, 2003, Open Forum,but that
Mayor Tyra-Lukens did not allow him to speak because his issues were not pertinent to
the meeting. He asked for clarification on the Open Forum rules.
Mayor Tyra-Lukens said the 20 minutes of Open Forum are for scheduled participants
who wish to address topics related to City business. She also said that when participants
schedule an appearance,they are asked the nature of the topic they will be addressing.
Tyra-Lukens said this helps ensure that the appropriate staff members are present for the
discussion. Shah said he has not seen these rules spelled out on the City's web site or
elsewhere. Tyra-Lukens said that the Council may need to clarify the guidelines for
Open Forum and Open Podium.
Shah told Tyra-Lukens he did not appreciate being told what he can or cannot speak
about, since he pays taxes for her to occupy her post as Mayor. Councilmember Case and
Tyra-Lukens both indicated they did not like the tone of Mr. Shah's comments. Mr. Shah
reiterated that he pays for all of the Councilmembers to serve, and he is not happy with
the way he feels he is being treated.
VII. ADJOURNMENT