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then his client has the right to ask for due process, including calling witnesses under oath. In response to Vice Mayor Claire's question, Mr. Morgan stated he had read only as far as Exhibit F of the supplemental report. 3) Statements regarding response Special Counsel Jackson suggested that the Council take formal action stating that the Council is not considering censure or any form of disciplinary action, that the only thing being considered is exoneration or some form of criticism which is basically just a legislative expression, the discipline versus non-discipline issue should be settled. Councilman Greenalch stated he would at the appropriate time move for a continuance. But issues needed to be resolved as to what was appropriate to consider next Monday evening. Councilman Greenalch acknowledged that Councilwoman Steinfeld had competent and professional legal counsel to advise her. Councilman Greenalch asked Mr. Morgan if he understood that this was a non-disciplinary action and the only foundation for action recommended by the Personnel Subcommittee was based on Councilwoman Steinfeld's behavior from the time that the Council approved a request that Council Members not involve themselves in the process in a certain way, up until the time the March 10 report was prepared and submitted to the full Council. Mr. Morgan stated he would like to say yes, but without complete familiarity with the file he could not commit to that. In response to Councilman Sanfilipo's statements regarding the Council not being a disciplinary board and should not be discussing discipline, Special Counsel Jackson stated that the Council had used the term censure last Monday night, and censure connotes discipline. Clarification is needed at this point to formally state that discipline was not being considered by the Council. Councilman Greenalch advised that the Personnel Subcommittee Report did not recommend discipline, and for the record, the Council was not discussing discipline nor anything that could be legally construed as discipline. Councilman Greenalch stated that Mr. Morgan had earlier stated the discussion of procedures would change if the Council was not discussing discipline, and he wanted to make it very clear, that was the case. Councilwoman La Berge stated that she had no wish to bring disciplinary action against Councilwoman Steinfeld, but it was very important to bring some sort of non-disciplinary criticism at the time the Council makes a decision. Councilwoman La Berge stated there was clear evidence that Councilwoman Steinfeld had attempted to discredit a member of the Subcommittee, the City Attorney, and tried to intimidate persons in the legal department at Great Western Bank. Councilwoman La Berge stated that Councilwoman Steinfeld's behavior was inappropriate and unethical and the Council must register some sort of criticism of her actions during the investigation, and nothing else is to be looked at. MIS: CLAIRE/GREENALCH TO STATE FOR THE RECORD THAT THESE PROCEEDINGS ARE NOT DISCIPLINARY IN NATURE, AND THE COUNCIL IS NOT GOING TO DISCIPLINE COUNCILWOMAN STEINFELD NOR USE THE WORD CENSURE MINUTE BOOK NO. 52 Regular Meeting Minutes Page No. 193 March 28, 1994 Page 9 i ,._~." 0 J""--'.' .-.