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. . I . . - quickly without advertising to the public that, yes, the Council is going to make an appointment. We have a legal ruling from our City Attorney that that appointment must - stand for election, if they choose, this November, and next November, if they choose again to run for reelection.... To do it tonight is a great disservice to democracy and to the public. The vast majority of people in this City do not know that the Council is discussing this tonight. We should give them the greatest opportunity to learn about it and petition us if they will, as we have all been contacted by several different people.... I just want to set that tone before we get off track and there is any misunderstanding. We should not, in my opinion, in the best interests of the community, make a final decision on this issue tonight" Council Member Hartnett said, "I think that it is within the Council's prerogative to make a decision tonight, including a decision to appoint someone tonight, if we chose to. I think that is something simply for us to deliberate on tonight... I am sure each of us will take into consideration the comments that Council Member Leipzig has made as well as the public input I expect we will receive. The way it has been agendized, we are at liberty, if we choose, to make an appointment tonight." Council Member Leipzig said, "I would certainly agree that the Council has the prerogative. I would say that we have a moral obligation to inform the community of what we choose to do, and allow the greatest number of applicants, if you will, to come forward. So I don't disagree with you there." Council Member Leipzig asked, "how this item came from the Minutes and the meeting last week for placement on the agenda and how it came about that we can take action when that is not what was requested at the meeting." - City Attorney Schricker said, "I look at it ITom the legal context, in that I believe that because of the Charter provisions, that all alternatives should be made immediately available to the Council. I was not aware that there was any consensus of the Council to provide a more deliberative process. But you will note in my letter on this matter, I was asked to describe or discuss any procedures that were in existence, and in point of fact, there haven't been all that many vacancies over the years. There are no set procedures for filling vacancies, such as advertising, holding interviews, and so forth. Thus, the procedures are entirely at the discretion of the Council." In response to further questions, City Attorney Schricker said it was his recommendation that this item be placed on the agenda. Council Member Leipzig said for the record, "the Minutes ITom February 2, 1998, Council Member Hartnett's request and in the middle of it there, Council Member Hartnett.... asked that this matter be put on the next Council agenda 'for discussion' with the City Attorney and discussion of what the Council ought to do." City Attorney Schricker said, "Madame Mayor, I respectfully submit that that is exactly what you have here. However, again, I don't think you should be deprived of your legal options in a manner which would be contrary to the Charter." - REGULAR COUNCIL MEETING MINUTE BOOK NO. 56 FEBRUARY 9,1998 MINUTES Page No. 255 PAGE 13