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Regular Meeting February 9, 2004 207. Page 5 Mr. Mihalkanin moved to amend the Ordinance Section 5 by adding ...the changes made by this Ordinance do not apply to any complaint pending before the Ethics Review Commission as of the effective date, and Ms. Narvaiz seconded the motion. recorded: On roll call the following vote was AYE: Narvaiz, Thomaides, Mihalkanin, Montoya and Diaz. NAY: None. ABSTAIN: Habingreither and Taylor. On roll call for approval of the Ordinance on first reading, the following vote was recorded: AYE: Narvaiz, Thomaides, Mihalkanin and Diaz. NAY: Montoya. ABSTAIN: Habingreither and Taylor. Mayor Pro-Tem Montoya introduced for consideration approval of an Ordinance on first reading, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING CHAPTER 2, ARTICLE 5 OF THE CITY CODE TO PROVIDE FOR SPECIAL COUNSEL FOR THE ETHICS REVIEW COMMISSION; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR PENALTIES. Mr. Thomaides~moved for approval of the Ordinance on first reading and Ms. Narvaiz seconded the motion. Mr. Thomaides stated at the last Regular Council Meeting the Council hired outside Counsel for the current Ethics Review Commission complaints. He inquired whether this amendment would automatically provide outside Counsel when it comes to ethics complaints filed on a Council Member or Appointee. Mr. Mark Taylor stated as City Attorney representing the City Council and Ethics Review Commission during the complaint process for a Council Member or Appointee can create a conflict. He stated under the Ethical Rules of an Attorney he can only represent both clients if both clients agree to it. He stated this Ordinance amendment does provide for Special Counsel when a complaint is filed alleging a violation against a Council Member or Appointee or when an advisory opinion is requested by a Council Member or Appointee. Mr. Mihalkanin inquired whether this amendment to the Ordinance was to hire outside Counsel for all general complaints. Mr. Mark Taylor stated the Ordinance would hire outside Counsel for all complaints against the Council but not for Appointees. Mr. Mihalkanin moved to amend Section 6 by adding...the changes made by this Ordinance do not apply to any complaint pending before the Ethics Review Commission as of the effective date, and Ms. Narvaiz seconded the motion. recorded: On roll call the following vote was