Concerns about possible violations of the open meeting law were expressed by the city’s auditor at the regular Motley City Council meeting Feb. 23.

It was a relatively short meeting (approximately one-half hour), led by Mayor Konrad Alexander, with council members Nancy Nieken and Bruce Mills in attendance. Council members Rob Sampson and Duane Solga were absent.

During the course of the meeting, the council heard the auditor’s report for the year ended Dec. 31, 2009, as presented by Mary Backlund of Gary Paulson CPA of Little Falls.

Backlund noted that while reading through minutes of the Motley City Council meetings, she became concerned that the city had potentially violated the Minnesota open meeting law in a couple of instances.

Backlund mentioned to the council that, according to the open meeting law, if a person who is the subject of the meeting requests to have a meeting remain open, it cannot be closed.

She handed out copies of the open meeting law, reminding the council that before a meeting can be closed under any of the exceptions, the council must state on the record the specific grounds permitting the meeting to be closed and describe the subject to be discussed. All closed meetings (except those closed as permitted by the attorney-client privilege) must be electronically recorded at the expense of the public body. Unless otherwise provided by law, the recordings must be preserved for at least three years after the date of the meeting.

In a later phone conversation with the Staples World, council member Mills elaborated on these potential violations.

Mills noted that at a regular council meeting on June 23, 2009, Troy Davis (Motley’s Fire Chief at the time) had requested that a closed session (set for the purpose of a performance evaluation) remain open.

According to the meeting minutes, discussion became heated and Mayor Alexander asked to have the room vacated except

for council members. The

minutes go on to state that, “Fire Chief Troy Davis, 1st

Asst. Dave Greig and 2nd Asst. Bryan Hutchison were each asked back in to the room separately for discussion with the council. Discussion centered on the performance of Davis and his leadership abilities within the department.”

The minutes also note that an audio recording of the meeting is on record in the clerk’s office.

Mills said, in the phone conversation, that he wished he would have walked out of that meeting. “I made it clear that we couldn’t close it,” he said, adding that he felt the closed meeting did not comply with state ordinances.

Mills said that although he has been vocal about his viewpoints in the past, he has not been expressing them in recent council meetings. “There’s no reason to speak my mind if they’re (council members) not listening,” Mills said, adding that he will continue to attend meetings and vote.

In the phone conversation, Mills also mentioned that there was concern about a closed session held July 28, 2009, for the purpose of a performance evaluation of the new fire chief, Dave Greig.

How could there be a performance evaluation when Greig had just been newly appointed, was a question Mills said auditors might be asking.

Mills said that he has been told that he talks too much at meetings; and that some of his questions have been considered ‘harassment.’ “We need to be willing to ask hard questions...to hold people accountable. That’s our job,” Mills added.

At the regular meeting Feb. 23, the council unanimously accepted the auditor’s report as presented.

Backlund’s research showed that in Motley’s general fund, revenue in 2009 was approximately $38,000 less than it had been in 2008. One of the biggest contributing factors, she noted, was that the city was no longer issuing administrative tickets.

Under the ‘Fine and Forfeits’ category, for example, in 2008 the city collected $43,906. In 2009, the same category shows a revenue of $15,093.

As far as disbursements (expenses), Backlund noted that the city had spent $37,222 less in 2009 than in 2008.

One of the areas of greatest savings, Backlund mentioned, had been in the area

of finance (clerk’s office), with reductions in salaries and health insurance expenses.

In 2009, the city also spent less in the area of public safety than it had the previous year; and less than they had budgeted for.

In fact, Backlund noted, the city’s total disbursements in 2009 were $493,564...$67,952 less than it had budgeted for. “That’s very good,” she commented.

In other matters the council:

o HEARD from Terri Smith, City Clerk/Treasurer, in regard to Governor Pawlenty’s proposed budget, which includes an unallotment of LGA (Local Government Aid) for Motley of $36,942. This unallotment would bring the city’s LGA down from $133,171 to $96,229 for the year 2010. The planning estimate for 2011 states that Motley will get $91,135 for 2011.

o LEARNED that Saturday,

May 15, is the city’s

clean up day, from 7:45 - 10:45 a.m. Volunteers are welcome and needed.

o SET the next regular council meeting for Tuesday, March 9, 7 p.m.