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Regular Meeting <br /> <br />December 8, 2003 <br /> <br /> 114, <br />Page 7 <br /> <br />Texans than the United States Bill of Rights. Ms. Narvaiz stated she feels <br />the Council should continue to review before they support the Resolution. <br />Ms. Narvaiz inquired what stand the Police Department would take on this <br />Resolution. Johnny James, Assistant Chief of Police, stated he feels this <br /> <br />Resolution would not impact the Police Department. He stated the <br />Resolution requires a reasonableness or probable cause, which is what <br />every officer already uses. Mayor Habingreither suggested the Council <br />hold a~Workshop on this Resolution. Mr. Thomaides stated he is concerned <br />with the Council weighing in on issues of national policy decisions. He <br />stated there are portions of the Patriot Act which he personally opposes. <br />He also stated he feels strongly that this office is non-partisan, and he <br />believes this is a political platform. He stated he would support it if <br />amended. Mr. Taylor stated he attended the Town Meeting where the Patriot <br />Act was addressed. He also stated he preferred not to go forward with <br />this Resolution, but if the Council decides to go forward, then he would <br />like to work with Mr. Mihalkanin on some amendments. Mr. Diaz stated he <br />agrees with Mr. Green about this being used as a political toy. He feels <br />there are items in the Act which are meant for terrorism and does not feel <br />Council should get involved. He also stated he feels some citizen rights <br />are taken away in this Act. The Council agreed to allow Mr. Taylor and <br />Mr. Mihalkanin to work together on the proposed Resolution and suggest <br />changes to Council. <br /> <br />Mayor Habingreither introduced a discussion regarding employment of <br />outside Legal Counsel regarding the Ethics Review Commission. Mr. Mark <br />Taylor stated the Ethics Review Commission received a complaint regarding <br />Mayor Habingreither and Council Member Taylor voting on the Disannexation <br />of Subareas A & F. He stated the Ethics Review Commission has deferred <br />the complaint and is requesting outside Counsel. Mr. Thomaides stated the <br />Ethics Review Commission received a written complaint from a citizen. He <br />inquired whether the function of the Ethics Review Commission was to <br />determine legal definitions. Mr. Mark Taylor stated the Ethics Review <br />Commission is called upon to interpret Ordinances and State Laws, but more <br />often they have been called upon for legal interpretations on issues. Mr. <br />Mihalkanin stated he feels an outside attorney should have been hired in <br />the beginning. He also stated this issue should not have been dragged out <br />this long. Ms. Narvaiz inquired if anyone in the Legal Department can do <br />the research. Mr. Mark Taylor stated he could devote Staff, but he feels <br />it would be more thorough if an outside attorney would handle this issue. <br />Ms. Narvaiz stated she is not opposed to hiring an outside attorney. She <br />stated she also agrees with Mr. Mihalkanin regarding the dragging out of <br />this issue. Mayor Habingreither suggested bypassing the Ethics Review <br />Commission and sending this issue to the District Attorney for his <br />decision. Mr. Montoya inquired why the City has an Ethics Review <br />Commission. He also stated he feels this issue is a morality issue. Mr. <br />Mihalkanin stated if the City does not hire outside Counsel, then the <br />Ethics Review Commission will make a decision based on the information <br />they have now. Ms. Narvaiz inquired whether the Ethics Review Commission <br />is in the City Charter. Mr. Mark Taylor stated the Ethic. s Review <br />commission is in the City Charter and the citizens would have to vote to <br /> <br /> <br />