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01-27-2025 CC Agenda Packet - work session
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01-27-2025 CC Agenda Packet - work session
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<br />Subd. 4. Complaint, Hearing. Any person may file a written complaint with the <br />City Clerk alleging a violation of the aforementioned standards of conduct. The complaint <br />must contain supporting facts for the allegation. The City Council may hold a hearing after <br />receiving the written complaint or upon the Council's own volition. A hearing must be held <br />only if the City Council determines (1) upon advice of the City attorney, designee, or other <br />attorney appointed by the Council, that the factual allegations state a sufficient claim of a <br />violation of these standards or rise to the level of a legally-recognized conflict of interest, <br />and (2) that the complaint has been lodged in good faith and not for impermissible <br />purposes such as delay. The City Council’s determination as to whether to hold a hearing <br />must be made within 30 days of the filing of the allegation with the City Clerk, if <br />possible. The Council may grant an extension to this 30-day timeline if additional time is <br />needed to adequately investigate the complaint. If the Council determines that there is <br />an adequate justification for holding a hearing, the hearing must be held within 30 days <br />of the City Council’s determination. The purpose of the hearing is to provide the person <br />accused with the opportunity to be heard. If, after the hearing, the Council finds that a <br />violation of a standard has occurred or does exist, the Council may, at the same meeting <br />or a future meeting, censure the person, refer the matter for criminal prosecution, request <br />an official not to participate in a decision, remove an appointed member of a board or <br />commission from office, and/or any other action within the Council’s authority that the <br />Council deems appropriate. <br /> <br />49
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