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matter with the Prosecuting Attorney which I <br />beleive he has done briefly and get some advise on <br />what a written complaint would look like and then <br />if he chooses to do so file the written complaint <br />with the Mayor. Then the Mayor must within 10 <br />days of receiving that complaint instruct the <br />Prosecuting Attorney to investigate or prosecute <br />the alleged violation. The Prosecuting attorney <br />has an obligation to do that or if an alleged <br />violation involves a member of the City Council <br />the Mayor shall determine if any grounds exist to <br />warrant a qualitied attorney outside the city to <br />investigate this matter. The next step would be <br />to have Councilman Howard give a written complaint <br />then have the Mayor act upon that within 10 days. <br />Sackett: If there is not ground for the Ethics violation <br /> who has to pay for the cost of the investigation? <br />Griffiths: The code is not entirely clear about that. The <br /> code states only that the district court in its <br /> discreation may award court costs, reasonable <br /> attorney fees, and costs of investigation to the <br /> prevailing party. <br />Carnival: Stated that he has been very careful whenever an <br /> issue regarding salaries came up. When I first <br /> ran for office I went to the Prosecuting Attorney <br /> and asked if there would be a conflict of interest <br /> with me being a councilman and a swim team coach <br /> and I did request a letter stating their opinion. <br /> My understanding of the Ethics Code is if you have <br /> anything to gain. I am a strong supporter of the <br /> recreation program and I will continue to be a <br /> strong supporter. <br />Davidson: Asked the City Attorney if this requires any type <br /> of action from the City Council? <br />Griffiths: No it does not. If Councilman Howard wants to <br /> file a complaint, that is a complaint that he <br /> files as an individual with the Mayor and does not <br /> require action from the Council. <br />Sackett: The only recommendation that he would have is that <br />the letter is reviewed from the Prosecuting <br />Attorney that Councilman Carnival has talked about <br />before action is taken. <br />Howard: If Councilman Carnival wants to give his opinion <br />to the Prosecuting Attorney he has the right to do <br />that, is that correct? <br />Griffiths: The code has not addressed Councilman Carnival's <br />rights, at least I have not found it yet. I would <br />8 <br />