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Tuesday, May 09, 2006

Last night's City Council meeting.

There was not a lot of action at last night's meeting as most items stayed on the table.

There was one big one of course. This was if the City should hire an outside attorney to investigate Mayor Bergson. The investigation would be because of a report from the State Auditor to Mayor Bergson it was a preliminary report on the compulsive gambling report.

The report very clearing said do not show to any unauthorized group or person, yet our Mayor showed this report to the Duluth News Tribune. The Trib then ran a series of story's from this report.

This bringing up the issue if the Mayor broke the law. According to one state employee that Councilor Little had contact with he did. The State employee said something to this effect, Mayor Bergson broke the Trust between him and the state not only did he do but he also broke the law. The State employee also added it was very clear violation.

therefore the resolution, asking for the city to hire an outside qualified legal firm to do an investigation. Here is the resolution,BY COUNCILOR LITTLE:
WHEREAS, Minnesota State Statute Section 3.979, subd. 4, makes it a misdemeanor for public officials to prematurely release draft reports from the legislative auditorÂ’s office; and
WHEREAS, the legislative auditor for the state of Minnesota believes there was a breach of law when a copy of the draft audit report on the Minnesota Council on Compulsive Gambling (MCCG) was leaked to the media on or about May 26, 2005; and
WHEREAS, Mayor Bergson has taken responsibility for giving the document to the Duluth News Tribune; and
WHEREAS, the legislative auditor sent a request to the St. Louis County attorney to investigate and prosecute anyone in violation of Minnesota Statute Section 3.979, subd. 4; and
WHEREAS, the St. Louis County attorneyÂ’s office noted that it did not have jurisdiction over the matter and turned the case over to the Duluth city attorney; and
WHEREAS, the city attorneyÂ’s office has been informed by the state board of professional responsibility that a conflict of interest exists preventing it from handling this matter; and
WHEREAS, the Duluth City Code, Section 7, allows for the city council to employ and fix compensation of counsel, experts and employees to handle these matters.
NOW, THEREFORE, BE IT RESOLVED, that the Duluth City Council requests that the Duluth purchasing department, through normal procedures of contracting, employ a legal firm authorized to practice law in the state of Minnesota and capable to investigate, determine cause, and prosecute as necessary any city employee who has violated state law as noted above. Should this law firm find that no crime has been committed, they will report to the council this information and to the state legislative auditor.

The first attempt to table this failed, then discussion started and councilor Gilbert had some real question about this and wanted to move forward but needed some more infomation from the City attorney. After those comments councilor Ness who voted no on talbing said he would be infavor of tabling now, then it passed 5-3.

Well they were discussing the issue counclor Stover said that he thought it was politcally modivated.

Other items, Ordinance 60 stayed on the table yet again but should be up for a vote in two weeks.

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