CC Minutes - 02/17/10 Work Session

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MINUTES Eugene City Council McNutt Room City Hall 777 Pearl Street Eugene, Oregon February 17, 2010 Noon COUNCILORS PRESENT: Mike Clark, Andrea Ortiz, Jennifer Solomon, Chris Pryor, George Brown, Betty Taylor. Alan Zelenka participated by telephone. COUNCILORS ABSENT: George Poling. Her Honor Mayor Kitty Piercy called the work session of the Eugene City Council to order. City Manager Jon Ruiz asked City Attorney Emily Jerome to speak about an item that had carne up during the previous evening's meeting regarding Civic Stadium. Ms. Jerome stated that at present there was no plan for Civic Stadium that would bring an action before the City Council. She said it was possible that eventually the council could be asked to consider a change in designation for the property. Since no action was imminent, the councilors did not need to worry about ex parte contacts. She advised them to consider whether the actions they would take or things they would say could cause people to believe they were biased and that it would be difficult for them to entertain other ideas. She stressed that as long as they could remain open - minded and as long as opinions expressed at a public hearing did not "pin [them] in a corner" in that way, they would be legally able to testify. Ms. Ortiz had understood the Mayor's comments to be around whether or not the councilors wanted to participate in the conversation about Civic Stadium and whether the City would be involved in the process or not. She did not want to give direction to the 4J School Board. Ms. Jerome said this was appropriate, adding that councilors could express opinions as long as they could maintain an open mind. Mayor Piercy recalled that the discussion was on whether the council should take up Civic Stadium as a topic in a meeting and also whether a councilor would want to testify at the school board meeting scheduled for that evening. Ms. Taylor asked what would happen if one did put oneself in a corner. Ms. Jerome replied that a councilor that did so should ask to be recused from a future decision -- making process. She said the time to do so would be when asked to disclose ex parte contacts and conflicts of interest, and should one not be forthcoming about this, and should a challenge to a decision later be raised, this could compromise the decision and cause it to be thrown out. In response to a question from Mr. Clark, Ms. Jerome said it was possible to indicate that though a person had expressed opinions in the past, he or she felt they could still remain open - minded in the decision - making process. MINUTES Eugene City Council February 17, 2010 Page 1 Work Session