Former Mayor's Ethics Complaint on Roseville Council's Agenda
The city attorney has recommended the complaint be dismissed. The dispute is over the failed Marriage Amendment.
The Roseville Council is expected tonight (Monday) to consider an ethics complaint lodged against it, the Human Rights Commission and City Manager Bill Malinen by former Mayor John John M. Kysylyczyn.
In a recent letter to the city Ethics Commission, Kysylyczyn contends the city Human Rights Commission and later the City Council engaged in prohibited political activity when the two groups passed resolutions opposing the Marriage Amendment. That amendment, which Minnesota voters rejected on Nov. 6, week, would have defined marriage as only being between one man and one woman.accordance with the City’s Ethics Code, the complaint was sent to the City Attorney for review.
Kysylyczyn contended the Human Rights Commission and City Coucil violated the city's ethics policies in spending city resources in taking a stand on the issue.
"The discussion on the issue instructing people how to vote on a state constitutional amendment is clearly an act of being engaged in political campaign activity," Kysylyczyn stated. "While it may be acceptable to use public funds to educate the public in a fair and balanced manner on an issue that is related to an operation of city government, that was clearly not the case in this situation."
But Malinen said City Attorney Mark Gaughan researched the complaint and urged the Ethics Commison and now the City Council to dismiss Kysylyczyn's complaint. (The Ethics Commission is recommending the Council dismiss Kysylyczyn's complaint).
Gaughan, in his report, concluded that Kysylyczyn "has not established by clear and convincing evidence that the city has violated the ethics policy" and he is recommending the Council dismiss the complaint with "no adverse action be taken."
Gaughan contends the law allows the Council to collectively voice its stand on ballot iniatitives. He added the League of Minnesota Cities issued an opinion advising that it was OK for a city council to take a stand on an constitutional amendment.
Meanwhile, in other business, the Council is also expected to vote on renewing liquor licenses for 2013. The Council meeting is scheduled to start at 6 p.m. today (Monday) at Roseville City Council, 2660 Civic Center Drive.
Click on this link to see the complete Council agenda.
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