40
City of RE 4204V NG 1 3rU1019111, Is] IWeCr]= I, I• 1eIN = 1191 : iI To: Honorable Mayor and City Council Members From: Kay Kuhlmann, Council Administrator Agenda Item No.: 9. F. 1 Meeting Date: February 11, 2013 Action Requested — Mayor Egan is asked to provide information on his Executive Director position for the MN Independent Sand Council. Council is asked to hear public comment from citizens on the matter. Council is asked to consider a motion to make the City Attorney letter public. Council is asked to provide direction to staff on the process moving forward. Attachments City of Red Wing City Council and City Advisory Boards and Commissions Code of Conduct; and Chapter 2 of the Red Wing City Charter Copies of e - mails to Council Administrator Kuhlmann and Council President Bayley List of phone calls received by Council Administrator Kuhlmann Background — Mayor Egan has accepted the position of Executive Director for the Minnesota Independent Sand Council. Council President Bayley and other Council members have inquired as to the possible conflict between the Mayor' s Executive Director Position and his position as mayor. In addition, several written and radio media have covered the issue questioning the compatibility of the two roles. Council members and city staff have received a number of a - mails and phone calls from local and regional citizens expressing concern. Several individuals have indicated an interest in speaking to the issue at the February 11 City Council meeting. Discussion - Council President Bayley has requested Mayor Egan explain the Executive Director position and share background information on the Minnesota Independent Sand Council. Mayor Egan will also be asked to address the conflict concern by Council members and residents. Several citizens have indicated an interest in addressing the Council on Monday night. Council President Bayley agrees with this and will take testimony from those who sign up to speak prior to the meeting. Comments are limited to three minutes per person. Following public comment, the Council will have an opportunity to discuss information shared by the Mayor and the public and to hear from City Attorney Squires. Council can make the confidential memo from Attorney Squires public with a majority vote of the Council. Recommendation The Code of Conduct and the Charter identify processes for addressing issues of conflict. Staff recommends Council determine a process and timeframe to resolve the issue. Agenda Item 9F1

09F1 - Mayor's Role MN Industrial Sand Council - CC 02-11-2013

Embed Size (px)

DESCRIPTION

An agenda item for the February 11, 2013 Red Wing City Council meeting as citizens respond to Red Wing Mayor Dennis Egan's new job as executive director and registered lobbyist for the newly formed Minnesota Industrial Sand Council, a division of Aggregate & Ready Mix Association of Minnesota, .The original document online calls MISC the "Independent" council, but it's anything but independent of corporate interests. The Rochester Post Bulletin has called for Egan to quit his new job or resign as Mayor. The meeting can be viewed here: http://www.red-wing.org/vodcitymeeting.html

Citation preview

Page 1: 09F1 - Mayor's Role MN Industrial Sand Council - CC 02-11-2013

City of

RE4204V NG13rU1019111, Is] IWeCr]=I, I• 1eIN =1191 :iI

To: Honorable Mayor and City Council MembersFrom: Kay Kuhlmann, Council AdministratorAgenda Item No.: 9. F. 1

Meeting Date: February 11, 2013

Action Requested — Mayor Egan is asked to provide information on his Executive Director position for

the MN Independent Sand Council. Council is asked to hear public comment from citizens on the matter.

Council is asked to consider a motion to make the City Attorney letter public. Council is asked to providedirection to staff on the process moving forward.

Attachments

City of Red Wing City Council and City Advisory Boards and Commissions Code of Conduct; andChapter 2 of the Red Wing City CharterCopies of e -mails to Council Administrator Kuhlmann and Council President BayleyList of phone calls received by Council Administrator Kuhlmann

Background — Mayor Egan has accepted the position of Executive Director for the Minnesota

Independent Sand Council. Council President Bayley and other Council members have inquired as to thepossible conflict between the Mayor's Executive Director Position and his position as mayor.

In addition, several written and radio media have covered the issue questioning the compatibility of thetwo roles. Council members and city staff have received a number of a -mails and phone calls from localand regional citizens expressing concern. Several individuals have indicated an interest in speaking tothe issue at the February 11 City Council meeting.

Discussion - Council President Bayley has requested Mayor Egan explain the Executive Directorposition and share background information on the Minnesota Independent Sand Council. Mayor Egan

will also be asked to address the conflict concern by Council members and residents.

Several citizens have indicated an interest in addressing the Council on Monday night. Council PresidentBayley agrees with this and will take testimony from those who sign up to speak prior to the meeting. Comments are limited to three minutes per person.

Following public comment, the Council will have an opportunity to discuss information shared by theMayor and the public and to hear from City Attorney Squires. Council can make the confidential memofrom Attorney Squires public with a majority vote of the Council.

Recommendation

The Code of Conduct and the Charter identify processes for addressing issues of conflict. Staffrecommends Council determine a process and timeframe to resolve the issue.

Agenda Item 9F1

Page 2: 09F1 - Mayor's Role MN Industrial Sand Council - CC 02-11-2013

City of Red Wing City Council andCity Advisory Boards and Commissions

Code of Conduct

Purpose

The mayor and city council of the City of Red Wing determines that a code of conduct forits members, as well as the members of the various advisory boards and commissions ofthe City of Red Wing, is essential for the public affairs of the city. By eliminating conflictsof interest and providing standards for conduct in city matters, the city council hopes topromote the faith and confidence of the citizens of Red Wing in their government and toencourage its citizens to serve on its council and boards and commissions.

Standards of Conduct

No elected official or a city advisory board or commission member may knowingly:

a. Violate the open meeting law. b. Participate in a matter that is before the city council or relevant board that affects

the person' s financial interests or those of a business with which the person isassociated, unless the effect on the person or business is no greater than on othermembers of the same business classification, profession, or occupation.

c. Use the person's public position to secure special privileges or exemptions for theperson or for others.

d. Use the person' s public position to solicit personal gifts or favors. e. Use the person' s public position for personal gain.

f. Except as specifically permitted pursuant to Minnesota Statute 471. 895, accept orreceive any gift of substance, whether in the form of money, services, loan, travel, entertainment, hospitality, promise, or any other form, under circumstances inwhich it could be reasonably expected to influence the person, the person'sperformance of official action, or be intended as a reward for the person' s officialaction.

g. Disclose to the public, or use for the person' s or another person' s personal gain, information that was gained by reason of the person' s public position if theinformation was not public data or was discussed at a closed session of the citycouncil or committee.

h. Disclose information that was received, discussed, or decided in conference withthe city's legal counsel that is protected by the attorney - client privilege unless amajority of the city council has authorized the disclosure.

Except as prohibited by the provisions of Minnesota Statute Section 471. 87, there is noviolation of item b. of this section for a matter that comes before the council, board, orcommission, if the member of the council, board, or commission publicly discloses thecircumstances that would violate these standards and refrains from participating in thediscussion and vote on the matter. Nothing herein shall be construed to prohibit a

City of Red Wing City Council & City Boards /Commissions Code of ConductApproved February 14, 2011

Page 1

Page 3: 09F1 - Mayor's Role MN Industrial Sand Council - CC 02-11-2013

contract with an elected official under the circumstances described under Minnesota

Statute Section 471. 88, if proper statutory procedures are followed.

Complaint, HearingAny person may file a written complaint with the city clerk alleging a violation of theaforementioned standards of conduct. The complaint must contain supporting facts forthe allegation. The city council may hold a hearing after receiving the written complaint orupon the council's own volition. A hearing must be held only if the city council determines

1) upon advice of the city attorney, designee, or other attorney appointed by the council, that the factual allegations state a sufficient claim of a violation of these standards or riseto the level of a legally - recognized conflict of interest, and ( 2) that the complaint has beenlodged in good faith and not for impermissible purposes such as delay. The city council' sdetermination' must be made within 30 days of the filing of the allegation with the cityclerk. If the council determines that there is an adequate justification for holding ahearing, the hearing must be held within 30 days of the city council' s determination. Atthe hearing, the person accused must have the opportunity to be heard. If after thehearing, the council finds that a violation of a standard has occurred or does exist, thecouncil may censure the person, refer the matter for criminal prosecution, request anofficial not to participate in a decision, or remove an appointed member of a board orcommission from office.

City of Red Wing City Council & City Boards /Commissions Code of ConductApproved February 14, 2011

Page 2

Page 4: 09F1 - Mayor's Role MN Industrial Sand Council - CC 02-11-2013

provided any member serving their third term at the time of this Charter provision taking effect, mayserve out the remainder of his/ her term. These term limitations shall include but not be limited to the

Port Authority Board.

Section 2.041 Public Library

Notwithstanding any provision to the contrary, the Mayor shall, subject to confirmation by the Council, appoint a Library Board consisting of nine members to manage, supervise, and control the City'sPublic Library, its building and other facilities, and such other related functions as may be authorizedby law or ordinance.

General provisions of this Charter and City Code shall govern member appointments, removal fromoffice for cause, terms, and any limitations thereon. Members of the Library Board must be residentsof the City provided, however, one member may be a non -City resident of Goodhue County, if theCounty financially contributes to the Library. The Library Board shall elect its own officers and adoptrules of procedure consistent with law and the provisions of this Charter and City Code governingboards and commissions.

The Library Board shall govern the operations of the Library, adopt policies therefore, and have finalauthority in material selection and programming. The Library Board shall annually present its budgetrequest and Capital Improvement Plan to the City in accordance with the procedures of the City. Oncethe budget is approved by the Council it shall not be later reduced by the Council without the consentof the Library Board. The Library Board may make line item budget changes if the City'sadministrative officer approves. The City's financial officer shall be the financial officer of the Library, shall maintain Library monies in a separate fund and shall make disbursements therefrom only inaccordance with the policies of the Library Board. The Library shall follow all City accounting, purchasing, and personnel policies and procedures, including pay and classification plans, as thesame apply to other City departments.

All employees of the Library are employees of the City. The Library Board shall hire a director whoshall be the chief administrative officer with authority to implement Library Board policy. The directorshall have the authority to hire, to terminate, and to discipline other Library employees with approvalof the City' s administrative officer, and to perform such other duties and responsibilities as the LibraryBoard may assign. The City's administrative officer shall assist the Library Board in supervising thedirector, and shall have supervisory authority over the director in those areas where under thissection, the Library must follow City policy and procedures, and shall further report any dereliction ofduty by the director to the Library Board.

All title to property of the Library shall vest in and be held in the name of the City, and be under thecontrol of the Library Board. With the consent of the Council, the Library Board may accept any gift, grant, devise; or bequest made or offered for library purposes and carry out the conditions of suchdonation. Unconditional gifts of intangible personal property may be accepted without Councilconsent.

The Library shall follow all City ordinances, policies, and procedures. However, if the Library is notexpressly required to follow a City ordinance, policy, or procedure under this section, then the LibraryBoard may by written resolution adopt its own policy or procedure. It is the intent of this section thatthe authority, duties, and responsibilities of the Library Board under this section and City Code shallbe interpreted broadly and in favor of the Library Board.

Section 2.05 Removal

Every elected officer may be removed from this office by vote of two - thirds of the City Council, provided that such official shall not be removed except for cause, after having been furnished with awritten statement of the reasons therefore and after being given a reasonable opportunity to be heard

Page 5: 09F1 - Mayor's Role MN Industrial Sand Council - CC 02-11-2013

Chapter 2

Form of Government

Section 2.01 Form of Government

The form of government established by this Charter is the "Mayor /Council Plan."

Section 2.02 Elective OfficersThe elected officers shall be a Mayor and seven Council Members, all of whom shall be eligible voters

and meet all requirements provided by law. One Council Member shall be elected from each of fourwards of the City, and shall be a resident thereof unless otherwise provided herein. One CouncilMember shall be elected from both of the two westernmost contiguous wards and shall be a residentof one of the combined wards unless otherwise provided herein, one Council Member shall be electedfrom both of the two easternmost contiguous wards and shall be a resident of one of the combinedwards unless otherwise provided herein, and one Council Member shall. be elected at large. The

Mayor and Council Members, unless otherwise provided by State Law, or an orderly transitionschedule adopted as part of a Charter amendment shall be elected for a term of four years or untiltheir successors are elected and qualified. The Council shall be the judge, as to qualification only, ofthe election of the Mayor and Council Members.

Section 2.025 Transition Schedule

The terms of Council Members elected at the November 2000 General Election are hereby reduced totwo years and shall expire the first Tuesday after the first Monday in 2003. At the November 2002election all seven Council seats shall be elected for either two or four year terms in accordance withthis transition schedule, after which all terms shall be four years in accordance with Section 2.02. Terms of Council Members elected at the November 2002 general election to represent Ward 1 and

Ward 2 and the combined Ward 3 &4 seat, shall be two years expiring the first Tuesday after the firstMonday in 2005 with their successors elected at the November 2004 general election. Terms ofCouncil Members elected at the November 2002 general election to represent Ward 3, Ward 4 and

the combined Ward 1 & 2 seat, shall be four years expiring the first Tuesday after the first Monday in2007 with their successors elected at the November 2006 general election. The terms of the Mayorand the Council Member At Large are not modified by this Section.

Section 2.03 Qualifying

Every person elected to any office shall take and subscribe to the oath provided by law.

Section 2. 04 Boards

The City Council may by ordinance establish or abolish any board or commission as it deemsnecessary for the operation of the City. The powers, duties, and responsibilities of such boards orcommissions shall be fully set forth in said ordinance. Notwithstanding any other provision to thecontrary, all funds and accounting of any board or commission must be handled by the City' s financialofficer and shall be deemed to be public funds of the City. Notwithstanding any other provision to thecontrary, the administrative officer shall be an ex- officio member of all boards and commissionswithout the right to vote, make motions, or be counted for purposes of determining a quorum.

The Mayor, subject to confirmation by the Council, shall appoint all board and commission memberswho shall be residents of the City, unless specifically provided for under the provisions of this Charteror in the case of the Airport Board where non - residents may be appointed, provided such membersare less than a majority of a quorum. The Council may provide by ordinance for advisory memberswho shall be members without the right to vote, make motions, or be counted for purposes of a

quorum. Advisory members need not be residents of the City. Each board shall consist of not lessthan three (3) nor more than fifteen ( 15) members who shall each serve for a term of three (3) years.

No board member, or advisory member, shall serve more than two ( 2) full consecutive terms,

2

Page 6: 09F1 - Mayor's Role MN Industrial Sand Council - CC 02-11-2013

in his/ her defense. The City Council shall fix a date for a hearing on such charges not less than ten10) days after notice to the accused officeholder and shall have authority to compel the attendance of

witnesses and to request any necessary records and papers. In the event the office holder neglects toappear to answer the charges or the City Council finds that the charges are sustained and providesufficient cause for removal, it may, by two- thirds vote, declare the office vacant. Nothing contained inthis section shall preclude the Council from establishing by ordinance criteria whereby an electedofficial who is absent from a prescribed number of meetings is deemedto have resigned.

Section 2.06 Vacancies

A vacancy in the Council or office of Mayor shall be deemed to exist when any of the following eventsoccur.

1) the failure of the candidate elected to qualify on or before the date of the secondregular meeting after the new Council's organizational meeting,

2) by reason of the death, resignation, removal from office, change of residence fromthe ward or wards from which elected; or continuous absence from the ward orwards from which elected for more than three months,

3) by reason of the conviction of a felonywhich disqualifies an individual from holdingoffice.

Procedure for resignations shall be as provided by State law. In the case of a vacancy, the Councilshall by resolution, adopted within seven days of the vacancy, declare such vacancy to exist and shallproceed - expeditiously as described herein, to fill the vacant seat. if a vacancy occurs in a year inwhich no regular City election is scheduled, or in an election year after the election has taken place, the vacancy shall be handled as follows:

A special election shall be held within 85 days of the resolution declaring the vacancy. Thevacant seat shall remain vacant until the replacement elected at the special election qualifies andtakes office. The elected replacement shall fill the unexpired part of the term of the person requiringreplacement.

If a vacancy occurs in a year in which a regular City election is scheduled, the vacancy shall behandled as follows:

1) If the vacancy occurs January 1 through June 30, a special election shall be held within 85days of the resolution declaring the vacancy. The vacant seat shall remain vacant until thereplacement elected at the special election qualifies and takes office. The electedreplacement shall fill the unexpired part of the term of the person requiring replacement.

2) If the vacancy occurs July 1 through August 1, a special election shall be held on the date ofthe City General Election, unless the term of the vacant seat is scheduled to expire that year, in which case no separate special election shall be held. The vacant seat shall remain vacantuntil the replacement elected at a special election qualifies and takes office. The replacementelected at the special election shall fill the unexpired part of the term of the person requiringreplacement.

3) If the vacancy occurs after August 1, a special election shall be held within 85 days of theresolution declaring the vacancy, or 15 days after the City General Election, whichever is later. The vacant seat shall remain vacant until the replacement elected at the special electionqualifies and takes office. The elected replacement shall fill the unexpired part of the term ofthe person requiring replacement. Provided, however, that no special election is required ifthe term of the vacant seat is scheduled to expire that year.

Page 7: 09F1 - Mayor's Role MN Industrial Sand Council - CC 02-11-2013

Section 2.07 Mayor

The Mayor shall be the titular head of the City. The Mayor may address the Council on any matters ofinterest. The Mayor shall exercise all powers and perform all duties conferred and imposed upon theMayor by this Charter, the ordinances of the City, and the laws of the State. The Mayor shall berecognized as the official head of the City for all . ceremonial purposes, by the courts for the purpose ofserving civil processes, and by the Governor for the purposes of martial law. The Mayor shall studythe operations of the City, and make recommendations as he /she believes to be desirable. The Mayorshall review concerns on City activities raised by citizens and make recommendations as he /shebelieves desirable as to any corrective action(s) necessary. The Mayor shall also report to the Councilany neglect, dereliction of duty or waste on the part of any officer or department of the City. TheMayor shall consult with the administrative officer and chief law enforcement official on policy mattersaffecting public safety within the City.

Section 2.08 Acting Mayor

In the event of a vacancy in the office of the Mayor or the Mayor's inability from illness, absence fromthe City, or other cause to perform the duties of the Mayor's office, the President of the Council, or ifthe Council President is also absent or incapacitated, the Vice President of the Council, and in theevent of his/ her absence or incapacity such other member of the City Council as it may designate, shall exercise the powers and perform the duties of the Mayor ,except the Acting Mayor shall have nopower to veto, during such absence or disability. While so acting the Mayor shall be styled " ActingMayor," and his/ her acts in that capacity shall have the same force and effect as if performed by theMayor.

Section 2.09 Investigation of City Affairs

The Council or any officer or officers authorized by the Council shall have the power to makeinvestigations into the City's affairs, administer oaths and compel the production of books and papers. The Council shall provide for an audit of the City's accounts at least once a year by the State Auditoror by a certified public accountant. The Council may at any time provide for an examination or audit ofthe accounts of any officer or department of the City government, and it may cause to be made anysurveyor research study of any subject of municipal concern.

Page 8: 09F1 - Mayor's Role MN Industrial Sand Council - CC 02-11-2013

List of Phone calls and messages received by Council Administrator Kuhlmann

Registered Complaints on Mayor Conflict of interest

Dr. Jane Lortenzen 2/ 6/ 2013

Barbara Delahunty2 /6/ 2013

Susan Nevitt 2/ 6/ 2013

Page 9: 09F1 - Mayor's Role MN Industrial Sand Council - CC 02-11-2013

The Dennis Egan Matter Page 1 of 1

The Dennis Egan Matter

Denise Alt [ musicdragonl @msn. com] Sent: Wednesday, February 06, 2013 9: 02 AMTo: Bayley, Lisa

Dear Lisa,

I just want to add my voice to thoc already protesting Mayor Egan' s work as a lobbyist for the frac sandindustry.

His position as an elected public official is in conflict with his work as a lobbyist. I do not see how hecan stand up for Red Wing while working for something that could potentially ruin not only our scenictown but the health of its people.

Bringing this to the attention of the City Attorney, or higher, is the best course of action.

Thank you for the work you do for Red R' Ing.

SincerelyDenise M. Alt

litips: / /tnai I. ci. red - wing .mn.us /owa / ?ae= Item& t = IPM. Notc &id= RgAAAAAV ° /2̀bO ° /2̀bf3... 2/ 6/2013

Page 10: 09F1 - Mayor's Role MN Industrial Sand Council - CC 02-11-2013

Conflict of Interest Poll Page 4 of 2

Conflict of Interest PollLydia Anderson [ snowdogdesign @gmail. com] Sent: Thursday, February 07, 2013 9: 43 AMTo: Sebion, Jason; Bayley, Lisa; Hove, Dean; Schultz, Michael; Rehder, Peggy; Rauterkus, Ralph; Meinke, Marilyn

Even at a conservative news outlet (Fox9 news), the opinion is over 2 to 1 that the Mayor' s new position

is a conflict of interest. I believe the mayor should disclose ALL the companies that are a part of the

Minnesota Industrial Sand Council ". I would be surprised if they are all simply " minnesota family -runbusinesses" that are a part of this group.

My opinion is that die mayor should resign if he wants to continue with his new position. Red Wing' sgoverning integrity is compromised irreparably if he does not.

Thank you, Lydia Anderson

https: / /mail.ei.red- wing. mn. us /owa/' ?ae— Item& t = IPM. Note &id= RgAAAAAV ° /u2bO ° /u2bf3... 2/7/ 2043

Page 11: 09F1 - Mayor's Role MN Industrial Sand Council - CC 02-11-2013

Conflict of Interest Poll Page 2 of 2

Do you think there is a conflict of interest in Red Wing Mayor Dennis Egan taking a job as a lobbyistfor free sand mining?

Thank you for participating in our pall. Mere are the results so far.

Like 11 Be the first of your friends to like tuts.

RED WING, Minn, (AP) - The nrayuret Red b'*aing ^ as bsen hired to pfomoo thetra d Industry as the debate rortinues In wuthsasy rn h4innesota oversand rtltning.

Mayen° derma span stays he sees no ounfitt of Intaiasl » l In his rpw aj;> OT asexamfive dinemar of the Minnesota lndusi al Send Ceurivil.

The region Plea experienced a bcom In sill -m mining, Aid) au ; plies ha oil andgas Industry with a vital ingredient fora drilling teohnique kn -v n as hydraulicfracturing.

Red Ong CityCadracil Presddenti -Isa Bayley told the % rTnbune she has

rectilved many " laints, questionsar+ dcancaerris "frominasldentsabetathemayor's new IG6.

Small ooatnMnldes are, trying to baiariml entirrinm ntal concerns withscoriontic oppaitiumil es the sand minlnq hiduatry ufirers, Eprari sags the ;SandCouncil is Interested in pramaitng the best pracdces for mining, prma- sil,.ng andtranspoeation,

Capyr1ot 2013T to Assodatftd Press, AVFight W reed. Tills fflatiefair", y nair be gaubU shed, bmadcast rawdlenor redlawbuttoi.

Lydia Anderson

snowcogdeslgn @gmall.mr

littps: / /mail. ei .red- wing.nm.us /owa/ ?ae= Item &t =IPM. Note &id— RgAAAAAV n /o2U0 %2bf3... 2/ 7/ 2013

Page 12: 09F1 - Mayor's Role MN Industrial Sand Council - CC 02-11-2013

Print Page 1 of 1

Subject: Mayor Egan._

From: John Becker Qohn. [email protected])

To: [email protected]; ... _ _...... _... _ .._ .

Date: Wednesday, February 6, 2013 12: 31 PM

Lisa,

My concern is ifMayor Egan' s lobbying contract is anyway tied to theMayor's current employment status, even in an indirect way.

It wouldn't be uncommon that there would be a cancellation clause inthe event his current status (employment, residence, other customers)

changes. Then that would be a conflict of interest in my opinion.

My feeling is that in the ' spirit of transparency' ( I love thatphrase) Mayor Egan should share complete details of the contractual

relationship. This would answer a lot of questions.

Thanks. You are doing a great job.

Jolla

John P. Becker

Engineering Arts, Inc. Red Wing, MN651 -380 -1501

sent from phone)

www.RedWingFrainiiig.comwww,Red WirtgDigital.com

http : / /us.mg5.mait.yahoo. com /neo /launch 2/ 6/ 2013

Page 13: 09F1 - Mayor's Role MN Industrial Sand Council - CC 02-11-2013

Swanson, Teri

From: Bayley, LisaSent: Friday, February 08, 2013 10: 50 AMTo: Swanson, Teri

Subject: FW: Mayor Egan

From: BCMadhouse(alaol. com [ BCMadhouse @aol. com]

Sent: Friday, February 08, 2013 10: 48 AMTo: sebion3@gmail. com; Bayley, Lisa; Hove, Dean; Schultz, Michael; Rehder, Peggy; Rauterkus, Ralph; Meinke, MarilynSubject: Mayor Egan

The matter of frac sand mining is too important for me not to write. I think it will ruin our environment and risk the health of

our communities residents in southeastern Minnesota. The idea that a mayor hired to protect his constituents taking aposition to lobby for an industry with so much controversy, shows he has higher expectations in life than to honor hisvow to be mayor. I think he should be removed.

Sincerely, Brenda Coleman

Lake City, MN

Page 14: 09F1 - Mayor's Role MN Industrial Sand Council - CC 02-11-2013

Print

Subject: Conflict of interst

From: JELLE DEBOEF ( ma_deboefOmsn.com)

To: [email protected]; _........

Date: Wednesday, February 6, 2013 2: 07 PM

Dear Council President Bayley,

Page 1 of 1

I read with great dismay today' s Star -Trib article about Mayor Egan' s new position as a sand fraclobbyist. It is such a conflict of interest. He cannot serve two masters, especially in light of all thecontroversy surrounding this issue and the decisions that are yet to be made. There must be a levelplaying field and his new postion tilts it towards sand fracing. ( I personally believe that there can be acompromise that protects the enviornment.)

Our mayor is suppose to be the " face" of Red Wing and our front man on what is best for us. There isno way that this is possible holding both positions.

Does the council have the power, besides the power of persuasion, to have a vote of "no confidence" or

censure? Is someone checking into whether this is even legal? Would a citizens petition help? DoesRed Wing have a process for recall?

I have also emailed my Councilman Rauterkus about this issue, but wanted you, as Council President, toalso be aware of the feeling of outrage that exists among many residents, regardless of ward boundaries.

Sincerely,

Marlene de Boef

523 East Avenue, # 305

651212-6254

http : / /us.mg5. mait.yahoo.com/neo /launch 2/ 6/ 2013

Page 15: 09F1 - Mayor's Role MN Industrial Sand Council - CC 02-11-2013

Our Mayor's new 2nd job Page 1 of 1

Our Mayor's new 2nd jobLavergne Manuel- Dickerson [ Isdno @yahoo.com] Sent: Thursday, February 07, 2013 1: 54 PMTo: City of Red Wing City Council; Bayley, Lisa

To the Red Wing City Council,

As a resident of Red Wing I am very concerned about Dennis Egan lobbying on behalf ofsand mining interests at the state Capitol, as the executive director of the MinnesotaIndustrial Sand Council.

This is clearly a conflict of interest to his position as Mayor of Red Wing considering wecurrently have local frac sand mining controversy.

Mr. Egan should be urged to make a choice between these two positions. A resignation fromone is clearly in order. I expect our council to do what it is in all fairness and the best interest of our Red Wingcommunity.

Sincerely, LaVergne S. Dickerson

651- 301 -0261

https: //inail.ci. red - wing.mn.us /owa/ ?ae— Item &t °IPM. Note &id= RgAAAAAV ° /u2b0 %2bf3... 2/ 7/ 2013

Page 16: 09F1 - Mayor's Role MN Industrial Sand Council - CC 02-11-2013

The Mayor' s Second Job - A Strong Concern Page 1 of 1

The Mayor' s Second Job - A Strong ConcernDustin Dorsey [ dorsey.dustin @gmail. com] Sent: Thursday, February 07, 2013 10: 59 AMTo: Bayley, Lisa

Lisa,

My name is Dustin Dorsey. I grew up in Red Wing, and like many others of the area, have greatreverence for its natural beauty. it is true 1 have great concern over mining for sand, being a method thatneeds more research and regulation before responsible implementation. I commend the city council forputting a moratoriwn in place to allow time for responsible decisions. The current moratorium issomething that is recognized as truly great by those 1 speak to from the area.

I will not address all of my tracking concerns in this email, but will address one: " the mayor's secondjob." Although the mayor may disagree, I do see a conflict between frac sand lobbyist and mayor of atown where it is known that frac sand mining is sought to be done. To say it is disappointing is anunderstatement. To say it is a conflict is certain. To say it is risky for the area's bluffs, even if themayor honestly believes there is no conflict, also seems certain. If the mayor fails to see a conflict, as hepublicly portrays, I would begin to question his judgment. What seems more likely is that there is aconflict, which the mayor knows very well, and is perhaps hoping a stink is not raised.

I am writing to voice a strong concern over the mayor' s conflict of interest. I do not think it is too stronga measure to call for the mayor to step down from his position as mayor of Red Wing. To put it in lesswords - the mayor needs to be " fired." I think Red Wing needs to take this situation seriously in light ofthe fact that important decisions could be made quickly with regards to mining legislation this session. There is no need to put up with possible schemes from a new mayor who is showing utter disregard for

the people.

Please tell me what else I can do to resolve this conflict of interest.

Thanks,

Dustin

hops: / /mai i. ei .red - wing.mn.us /owa/?ae= Item &t = IPM. Note &id= RgAAAAAV %2bO %2bt3... 2/ 7/ 2013

Page 17: 09F1 - Mayor's Role MN Industrial Sand Council - CC 02-11-2013

Public Service—Private Interest Page 1 of 1

Public Service... Private Interest

Paul Drotos [ pdrotos@hotmail. com] Sent: Thursday, February 07, 2013 9: 39 PMTo: sebion3@gmail. com; Bayley, Lisa; Hove, Dean; Schultz, Michael; Rehder, Peggy; Rauterkus,

Ralph; Meinke, Marilyn

The following remarks were published in response to facebook inquiries: Please note that unlike rocket science, government is supposed to be just as

concerned about things going down as things going up...

Having just returned from Arizona where I was tending to my 90+ year oldparents, I was very distressed by this news of a public official being employedby a private lobbying group. Doing the right thing can never be colored by anoutside paycheck. The reason people are distrustful of government is that

there never seems to be enough pictures of money changing hands. The factthat a paycheck stub is involved here is probably the worst example of havingstrings attached. Good judgement about public policy, which is what goodgovernment is supposed to be about, should never have outside fmancial

strings attached. In fact, any strings attached, almost always leads to puppetgovernments."

This is a most serious situation.

Thank you for your attention,

Paul Drotos

https://mail.ci.red-wing.mn.us/ owa/?ae= ltem& t--IPM.Note& id=R... 2/ 8/ 2013

Page 18: 09F1 - Mayor's Role MN Industrial Sand Council - CC 02-11-2013

Mayor

Mayor

Mary Foley [ maryf@carrouseltravel. com]

Page t of 1

Sent: Wednesday, February 06, 2013 10: 21 AMTo: Bayley, Lisa; sebion3 @gmail. com; Hove, Dean; michael. v.schultz @charter. net; Rehder, Peggy; Rauterkus, Ralph; Meinke,

Marilyn

Cc: Kuhlmann, Kay; Egan, Dennis

Red Wing City Council and Administration,

We are writing out of major concern regarding the clear conflict of interest which has arisen inregards to Mayor Dennis Egan' s new leadership position in the frac mining industry. WeSTRONGLY believe that no individual could serve either party in their best interests. Mr. Egan needs to make a choice - Red Wing Mayor or Sanding Council.

Mary & John Foley

Mary Foley i Sr. Travel Consultant I Carrousel Travel American ExprLss

6625 Lyndale Avenue South, Suite 104, Minneapolis, MN 55423 1651- 388 -73361 marvf(@,carrouseltravel.com

https: / /mail.ci. red - wing.mn.us /owa / ?ae— Item& t = IPM. Note &id= RgAAAAAV ° /n2bO ° /u2bf3... 2/ 6/ 2013

Page 19: 09F1 - Mayor's Role MN Industrial Sand Council - CC 02-11-2013

Star Tribune article

Star Tribune article

P FORD [ pfordl490 @msn.com] Sent: Thursday, February 07, 2013 12: 22 PMTo: Bayley, Lisa

Dear Ms. Bayley,

Thank you for your service to our citizens and community.

Page 1 of 1

I was just sent a link to the recent Star Tribune article on our mayor accepting a position with a frac sandlobbying firm. I very much appreciate you giving comment on this situation as I was frankly verydisturbed.

I am writing you this note to add my voice to the others you have heard in saying I believe this is adefinite conflict of interest and ask that you and the rest of our council treat it very seriously.

Respectfully, Patricia Ford

620 E 7th Street

Red Wing, MN 55066

https: / /mail.ei. red- wing.mn.us /owa / ?ae= Item &t =IPM. Note &id= RgAAAAAV %2bO %2bf3... 2/ 7/ 2013

Page 20: 09F1 - Mayor's Role MN Industrial Sand Council - CC 02-11-2013

Conflict of Interest of your Mayor sends Ripples Down River

Conflict of Interest of your Mayor sends Ripples Down River

MaryBeth Garrigan [ mgarrigan0l @hamlineuniversity.edu]

Page 1 of I

Sent: Wednesday, February 06, 2013 1: 53 PMTo: sebion3 @gmail. com; Bayley, Lisa; Hove, Dean; michael.v. schultz @charter. net; Rehder, Peggy; Rauterkus, Ralph; Meinke,

Marilyn

Cc: Egan, Dennis; Kuhlmann, Kay

The city council of Red Wing may think that the hiring of your mayor Dennis Egan, by the MinnesotaIndustrial Sand Council, is only a problem for the citizens of Red Wing, but his blatant conflict ofinterest in representing his constituents vs the industry sends ripples down the river to our communityin Wabasha. As state legislators are lobbied by your professional frac sand mining proponent, theirdecisions based on his misinformation of the voters of Red Wings approval of the industry, will mostdefinitely impact our lives in Wabasha and for all of S. E. Minnesota. Red Wing' s reputation is at stake.

After a disclosure of possible conflicts, our own city council representatives have recused themselves

from heading up coalitions, lobbying, and even voting on frac sand mining issues if they have receivedmonetary ties to the industry or have headed coalitions in opposition of the industry, so that citizens ofWabasha can determine the impact to their community.

The city council of Red Wing needs to call for the resignation of Dennis Egan , who claims himself aresident of Eagan MN, from the post of Mayor of Red Wing MN if he does not recuse himself fromvoting on issues of frac sand mining. If Dennis Egan resigns his position from Minnesota Industrial Sand

Council and discontinues his state lobbying, then he may be able to represent the citizens of Red Wingwith clear conscience , even though he does not care to live among them.

MaryBeth Garrigan

Citizen of Wabasha Mn

https: / /mai l. ci. red - wing. mn. us /owa/ ?ae= Item &t= IPM.Note &id= RgAAAAAV ° /2̀bO %2bf3... 2/ 6/ 2013

Page 21: 09F1 - Mayor's Role MN Industrial Sand Council - CC 02-11-2013

PLEASE REMOVE MAYOR DENNIS EGAN Page 1 of 1

PLEASE REMOVE MAYOR DENNIS EGANjan.greenfield @mac.comSent: Friday, February 08, 2013 12: 21 AMTa: [email protected]; Bayley, Lisa; Hove, Dean; Schultz, Michael; Rehder, Peggy; Rauterkus,

Ralph; Meinke, Marilyn

To: Red Wing City Council Members

With all due respect, a public servant who takes a second job -- working fora controversial .industry, no less -- and sees no conflict of interest is not up tothe sacred responsibility of putting the interests of his constituents first.

Sincerely, Jan Greenfield

https: / /mail.ci. red - wing. mn. us /owa/ ?ae= Item &t— IPM.Note &id =R... 2/ 8/ 2013

Page 22: 09F1 - Mayor's Role MN Industrial Sand Council - CC 02-11-2013

OUTRAGEOUS!

OUTRAGEOUS! jan.greenfield @mac. com

Page 1 of 1

Sent: Thursday, February 07, 2013 9: 45 AMTo: Bayley, LisaCc: Egan, Dennis; Kuhlmann, Kay; sebion3 @gmail. com; Hove, Dean; Schultz, Michael; Rauterkus, Ralph; Meinke, Marilyn; Rehder,

Peggy

Dear Councilmember Bailey, You' re right -- this '_s clearly a conflict of interest. The mayor doesn' t

acknowledge the meaning of the term; if you' re an elec=ed, responsible

representaLive of the PEOPLE, yon have an obligat -cn to keep your hands out of thecookie jar!

A concerned citizen,

Jan Greenfield

https: / /mail.ci. red - wing. mn .us /owa / ?ae= Item &t =IPM. Note &id— RgAAAAAV %2b0 %2bt'3... 2/ 7/ 2013

Page 23: 09F1 - Mayor's Role MN Industrial Sand Council - CC 02-11-2013

Kuhlmann, Kay

From: Bayley, LisaSent: Thursday, February 07, 2013 8:33 PMTo: Kuhlmann, KaySubject: FW: Mayor Egan

For the packet.

From: John Guerber [email protected]: Thursday, February 07, 2013 5: 11 PM

To: Bayley, LisaSubject: Mayor Egan

Madam Council President,

A man can serve but one master. The mayor needs to decide which consistency he wants to represent. The sand issuewill continue to be one of the most important for the city for an extended period of time.

The mayor allegedly said he would rescue himself from such discussions. He was elected to Lead, not to rescue himself.

He must decide or face recall.

Sincerely,

John & Sue Guerber

4736 Big Sky Court

Sent from my Wad

Page 24: 09F1 - Mayor's Role MN Industrial Sand Council - CC 02-11-2013

No Fracking W Page 1 of 1

No Fracking WDALE HANSON [ uknowdale@gmail. com] Sent: Wednesday, February 06, 2013 9: 29 PMYo: Bayley, Lisa

Hi Lisa,

With all due respect I implore you to suspend with pay Dennis Egan until issues like conflict of interesthave been legally addressed regarding his additional employment. By suspending him iwth pay you willavoid the legal backlash of wrongful discharge and related issues. Appoint an interum mayor and

proceed with business as usual while the legal interests are addressed outside the paramters of the citycouncil. Buy yourself some time and lean on the state legistlature to resolve some of the impendingissues on track sand mining.

Sincerely,

Dale H. Hanson

415 E. 7th St.

Red wing, MN 55066 -2803651) 385 -7683

uknowdalc r]L>m lxom

https: / /mail.ci. red - wing. mn. us/ owa/ ?ae= ltem &t— IPM.Note &id= RgAAAAAV %2bO ° /2̀bf3... 2/ 7/ 2013

Page 25: 09F1 - Mayor's Role MN Industrial Sand Council - CC 02-11-2013

Kuhlmann, Kay

Subject: FW: Committee to " RECALL" Mayor Dennis Egan (Red Wing, MN)

From: DALE HANSON [ [email protected]]

Sent: Friday, February 08, 2013 10: 09 AMTo: Bayley, Lisa; Sebion, Jason; Hove, Dean; Schutz, Michael; Rehder, Peggy; Rauterkus, Ralph; Meinke, MarilynSubject: Committee to 'RECALL" Mayor Dennis Egan ( Red Wing, MN)

Dear Friends,

This is an invitation for you to join a committee to recall Mayor Dennis Egan (Red Wing, MN). As you mayknow Mayor Egan has taken on a new postion as the executive director ofa lobbying group which supportssand mine fracking in Minnesota. Even if I supported sand mine tracking in Minnesota (which I DO NOT), themere appearance of conflict of interest and many other potential improprieties is enough to motivate me toattempt to recall Mayor Egan. In my humble opinion his behavior is an embarrassment to the City of RedWing, and a deliberate afront to the democratic process.

I have studied the city charter and based on that information my current goal is to develop a recall committeewhich only requires the signatures of five registered voters who are residents of Red Wing). I will then break

the committee into three parts ( 1) twelve steering committee members who will draft and sign and submit thenecessary papaerwork and petition to begin the recall process, ( 2) at least 100 or more sub - committeee members

who are registered voters and residents of red Wing who are each dedicated to collecting 25 or more validpetition signatures, ( 3) additional volunteers who are not registered voters and/or residents of Red Wing whoare willing to collect 25 or more valid recall petitions. This recall effort begins now and will continue untilMayor Egan is no longer Mayor of the City of Red Wing.

We will need at least 1900 valid recall petitionswhich is approximately 20% of Red wing registered voters. Ibelieve we will have no difficulty exceeding that number in this instance. If you are interested in being acommittee member please do the following to help move this process forward in a very rapid fashion and send avery clear and stron message to our City Council:

1) Send me an e -mai at uknowdale@gmail. com with the word RECALL in the subject line.

2) Copy and paste the following e-mail addresses ( of the City Council) into the CC: section of your e -mail:

Lisa Prichard Bayley" <lisa. baylev@ci. red- wina.mn. us >, " Jason Sebion" < isebion3(asmail.com >, "Dean Hove"

deanhove@cha rter. net>, " Michael Schultz" < michael .v.schultzi

Page 26: 09F1 - Mayor's Role MN Industrial Sand Council - CC 02-11-2013

Kuhlmann, Kay

From: tuvecino < tuvecino @redwing.net> Sent: Tuesday, February 05, 2013 10:45 AMTo: Jacobson, Anne

Cc: Lavergne Manuel; Nancy Harris; Red Wing Chamber, Kuhlmann, Kay; The LeaguE -VoiceNewsletter; Kathleen M. Bibus

Subject: Fw: Sand storm heads toward Capitol I Politics in Minnesota

Hi Anne,

I hope you' ll give prominent coverage to the attached article. I' ve always thought, perhaps naively, that our localmayors, even when I disagreed with their policies, were basically honest. Corruption from a Red Wing mayor is somethingnew.

Regards,

David HarrisOriginal Message - - --

From: Bibus. Kathleen M.

To: Ann Seymour ; Arlene Roth ; Barb Ekstrand ; Berdell Eastlund ; Clare Larkin ; Colleen Clark; David Harris ; DianeNordaaard ; Dorothy Holmes; Heidi Jones ; Jane Donkeys ; Joan Odell; Kathleen Bibus; Kim Baldwin; Linda Thielbar ; Lisa Bayley; Lois Bumes ; Marge Vogel; Marm Nihart ; Nancy Harris ; Nancy Mason-Johnson; Pat Tieskoetter ; RosieGeer ; Sarah Singer ; Sharon Marty; Susan Betcher ; Suzanne BlueSent: Tuesday, February 05, 2013 9:43 AMSubject: Fwd: Sand storm heads toward Capitol I Politics in Minnesota

For those of you who might not have gotten this news.

FYI re: Mayor Eagan hired lobbyist for Frac MiningSee in the following article under Mining Mobilizes.

hM:// oolitiesinminnesota.com/2013 /02 /sand - storm - heads - toward- c4pitoU

Kathleen Bibus

MMERC/Hamline University1536 Hewitt Ave, MS -C1924

St. Paul, MN 55104

Ph: 651. 645.9005

Ph: 877. 891. 6379

Fax: 651. 645.9490

Page 27: 09F1 - Mayor's Role MN Industrial Sand Council - CC 02-11-2013

Kuhlmann, Kay

From: Bayley, LisaSent: Thursday, February 07, 2013 8: 46 PMTo: Kuhlmann, KaySubject: FW: mayor

For the packet

From: Winston Kaehler (winkaehler@« gmail.com]

Sent: Thursday, February 07, 2013 8:40 PMTo: Bayley, LisaSubject: mayor

The City Council should do whatever needs to be done to end the current situation in which the mayor is directing anadvocacy group on a controversial (to say the least) issue that will profoundly affect the City' s future. A man cannotserve two masters whose interests and objectives are so diametrically opposed. Even if the mayor promises to recuse

himself from any votes or discussions on the issue, his position power will exert a strong undue influence; besides which, the question will always be there: can we trust him? Winston Kaehler

Page 28: 09F1 - Mayor's Role MN Industrial Sand Council - CC 02-11-2013

Query - Mayor - City Attorney: Attorney Client Privilege, Page 1 of 1

Query - Mayor - City Attorney: Attorney Client Privilege. Kent Laugen [ [email protected]] Sent: Friday, February 08, 2013 5: 37 AMTo: Bayley, Lisa

Dear Lisa,

I have some concerns regarding the Mayor' s new employment i.n thecontext of Open Meeting Law - closed sessions under Minn. Stat. § 13D.

My understanding is that the City Attorney represents the CityCouncil, or in other words, the City Council is the client. A mayor isobviously not a member of the City Council.

If a mayor, a third party to attorney /client privilegedcommunications, is part of a closed session where the City Attorney isgiving legal advice, is the attorney /client privilege waived? I

understand that, for example, a city clerk being in attendance at aclosed session would likely not result in a waiver, as he / she is anagent of the City Council. However, trying to establish the mayor asan agent of the city council. . might be challenging.

Think of a closed session where a frac sand zoning issue is beingdiscussed. The mayor is present, but not engaged due to his conflictissue. Would I, as an attorney for the applicant for a ConditionalUse Permit, be allowed to later depose the mayor as to what was

discussed in closed session? Would the city be able to overcome thewaiver issue on attorney /client privilege?

By raising this issue I don' t mean to suggest in any way that a mayorwould voluntarily reveal what would otherwise be deemed privileged

communications. I am however raising the real possibility that hecould be compelled to testify.

I' ve pondered this issue before in other contexts, but with the

Mayor' s current employment, the issue is now been pushed beyond the

abstract. Would the mayor have to be banned from any closed sessionthat involves frac sand, as well as not be allowed to see anyprivileged communications from the city attorney regarding suchissues? Essentially, the City having to build a firewall around themayor on one of the most contentious issues the city and the area faces.

Even if the city could somehow ensure that the attorney /clientprivilege applies to the mayor, there always will remain perception

issues.

Recusal is a rather superficial and inadequate response as a remedy ofhow to address questions of conflict of interest.

Kent Laugen

https: / /mail.ei. red - wing. mn. us /owa/ ?ae= Rein &t= IPM.Note &id =R... 2/ 8/ 2413

Page 29: 09F1 - Mayor's Role MN Industrial Sand Council - CC 02-11-2013

Frac sand mining concerns

Frac sand mining concernsDave Lindemann [ dlindemann6617 @yahoo. com]

Page 1 of 1

Sent: Wednesday, February 06, 2013 9: 33 AMTo: Bayley, Lisa

Attachments: Frac Sand Mining in WI - R - l.pdf ( 144 KB) ; UPDATED _7- 6- 12_- _ Frac_ Sand —l.pdf ( 232 KB) ; Does Frac Sand MiningRus— l.docx ( 272 KB) ; Lung Disease - Silicosis. docx ( 31 KB) ; Frac articles - Star Trib- l.docx ( 62 KB)

February 6, 2013

Ms. Lisa BayleyCity Council President315 West 4th Street

Red Wing, MN 55066

Dear Ms. Bayley:

I understand your mayor, Dennis Egan, has aligned himself with the frac sand industry. As aresult, his objectivity on this issue has been compromised. Hopefully you and other committeemembers can maintain balance. I realize this may be difficult as the temptation to sell out orcave in to heavily financed industry pressure can be extraordinary.

The long term impact of relinquishing control and policy making decisions to special interestgroups could negatively impact your community as a whole. I suspect some of yourcounterparts in Wisconsin can offer you with some lessons learned advice ( off the record).

Attached is a compilation of articles from the StarTribune, an article on risks to respiratoryhealth and a few other related articles.

I will also be mailing you a DVD relating to hydraulic fracturing that you may find thoughtprovoking.

Best Regards,

A concerned Minnesota resident.

https:/ /mail. ei.red- wing. mn. us /owa / ?ae= ltem &t= IPM .Note &id =RgAA AAAV %2bO %2bf3... 2/ 6/ 2013

Page 30: 09F1 - Mayor's Role MN Industrial Sand Council - CC 02-11-2013

Mayor Egan Page 1 of 1

Mayor Egan

Jane Lorentzen Danelorentzen @redwing. net] Sent: Friday, February 08, 2013 7: 04 AMTo: Bayley, Lisa

Lisa,

I have already called Kay Kuhlman and registered a complaint about Dennis Egan' segregious conflict of interest by registering as a lobbyist to promote frau mining. I am also writing to you because I know the city council is meeting next Monday. Icannot comprehend how Mr. Egan can continue to represent the citizens of Red Wingcompetently after inserting himself into the middle of this contested issue. Isincerely hope the city council will respond to either remove him from office orrequire him to abandon these lobbying activities and return to the business ofrepresenting all of Red Wing. I wish you and other council members well in

addressing this turn of events. Jane Lorentzen

https:// mail.ci.red-wing.mn.us/ owal?ae—Item& t--TPM.Note& id=R... 2/ 8/ 2013

Page 31: 09F1 - Mayor's Role MN Industrial Sand Council - CC 02-11-2013

Spam: Mayor Egan Page 1 of I

Spam: Mayor Egan

M & R Meyer [ yellowhousephoto@gmail. com] Sent: Thursday, February 07, 2013 10: 46 AMTo: Bayley, Lisa; Hove, Dean; Schultz, Michael; Rehder, Peggy; Ralph Rauterkus [ Ralph. [email protected]]; Meinke, Marilyn

Dear Council Members,

I know you are all getting an influx of letters and emails regarding Mayor Egan' s Lobbying appointment. I wouldlike to add my name to the list of those who see his appointment as an unethical conflict of interest. Though heis considered a weak Mayor, he is the face of Red Wing and wields much power and connection in the businesscommunity and the county. His 20/ 20 forum on frac sand mining is an example of how he can use his position toshift a mindset. At that forum he disallowed questions from a curious and informed audience by shutting downthe meeting. It wasn' t a forum, it was propaganda and now I have a clearer understanding of why he raised theissue post ordinance. There are landowners from the county who attended. These forums are not limited to Red

Wing residents yet the forum was conducted in Red Wing' s name. I would like to see him relieved of hisposition. Recusing himself from voting does not mean he is recusing himself from the promotion of this industryin every other aspect of his daily and Mayoral life.

Regards,

Michelle Meyer

https: / /mail.ci. red - wing. mn. us/ owa/? ae= ltejn &t= IPM.Note &id= RgAAAAAV %2bO %2bf3... 2/7/2013

Page 32: 09F1 - Mayor's Role MN Industrial Sand Council - CC 02-11-2013

Red Wing mayor hired by frack sand lobbying group Page 1 of 1

Red Wing mayor hired by frack sand lobbying groupSusan Flueger Nevitt [ nevittsf@redwing. net] Sent: Wednesday, February 06, 2013 10: 48 AMTo: Bayley, Lisa

Lisa

I have been to many of the frac sand mining meetings so I have seen you in action. I want you to know that I amdeeply disappointed in the RW Mayor taking a job with the frac sand lobbying group. This sends a message thatRed Wing and the surrounding area welcome frac sand mining. As you well know—that is not the case. We

have deep divisions in our community about this topic and your work in the mining committee is trying toprotect us from being over come and over whelmed by this industry. We don' t need our mayor helping THEM — we need him helping USII

Susan Nevitt

https: / /mail.ei. red- wing.mn. us /owal ?ae= Item &t = IPM. Note &id= RgAAAAAV %2bO %2bf3... 2/ 6/ 2013

Page 33: 09F1 - Mayor's Role MN Industrial Sand Council - CC 02-11-2013

Kuhlmann, Kay

From: Bayley, LisaSent: Tuesday, February 05, 2013 11:49 AMTo: Carol A. Overland

Cc: Kuhlmann, KaySubject: RE: Mayoral conflict of interest, acting against City interest

Carol,

Your message was received and is being taken very seriously. I anticipate we' ll have some response in the near future. Thank you for your patience,

Lisa BayleyCity Council President

City of Red Wing

From: Carol A. Overland [ overland @legalectric.org] Sent: Monday, February 04, 2013 1: 35 PM

To: Sebion, Jason; Bayley, Lisa; Hove, Dean; [email protected]; Rehder, Peggy; Rauterkus, Ralph; Meinke, Marilyn

Cc: Egan, Dennis; Kuhlmann, Kay; Charley Shaw; Jacobson, AnneSubject: Mayoral conflict of interest, acting against City interest

To the Red Wing City Council -

Please read " Sand storm heads toward Capitol" from Politics in Minnesota:

http: / /pol iti csi nmin nesota. com /2013/ 02/ sa nd- storm - heads - toward -caoitol/

I' ve recently learned that "our" Mayor Dennis Egan ( also copied here) is Executive Director of Minnesota Industrial SandCouncil, a frac sand industry lobbying organization formed recently, and which is not yet registered with the Campaign

Finance Board. As you know, Mayor Egan had used his position as Mayor when he formed an " advisory committee tothe Mayor" regarding frac sand and then used the committee to present a frac sand forum, which I attended and foundto be biased and promotional of mining. To my knowledge, Mayor Egan has not disclosed his Executive Director positionor declared income arising from it. Two points form a line, and here we have three and a very uncomfortable nexus ofactivities. Mayor Egan' s actions regarding frac sand are overtly in the interests of the frac sand mining industry and arein conflict with the interests of citizens /voters of Red Wing, the City of Red Wing, and our environment. Thesepromotional activities are not consistent with our Mayor' s duties as Mayor, particularly because Red Wing is located inthe geographic and policy heart of the frac sand fracas. The article above puts the City, and you all as elected officials, onactive and constructive notice of this direct conflict.

As a voter and resident in Red Wing, I find it offensive that someone with the mantel of Mayor is advocating for fracsand mining interests.

Egan is a lobbyist by trade, but this position promoting frac sand mining interests is a direct conflict for him as Mayor.

The City has a responsibility to act. At this time, I ask that the City address this conflict of interest, and actions againstinterests of the City of Red Wing by Mayor Egan, and seek full disclosure of lobbying efforts and payments made to theMayor for his promotion of frac sand mining interests. The Charter authorizes " Investigation of City Affairs," and whereappropriate, " Removal" from office. See Charter,

Page 34: 09F1 - Mayor's Role MN Industrial Sand Council - CC 02-11-2013

Mayor's job with Lobbying group is unethical Page 1 of 1

Mayor's job with Lobbying group is unethicalJ. W. Petersen Dimprw@hotmail. com] Sent: Wednesday, February 06, 2013 9: 03 AMTo: Bayley, Lisa

Ms. Bayley, regarding the recent news about Dennis Egan taking a_job for a pro -frac lobbying group, I'mtotally stunned that he sees no conflict of interest here. We Red Wing residents are pretty up to date onthe fracing issue and the conflicts inherent therein for our community. How can the Mayor fairly andimpartially represent our community by accepting what we certainly drink is a substantial monetarycompensation from a biased third party in this important and devisive issue?

Even more disturbing is the fact that a leading city official such as the Mayor sees no problem here. Please do what is possible to make sure the Mayor doesn't promote a politically biased agenda on RedWing in favor of the mining companies and their affiliates.

Thank you.

Jim Petersen526 Williams Ave

Red Wing651- 385 -8076

https: / /mail.ci . red - wing.mn.us /owa/ ?ae= Item &t= 1PM.Note &id= RgAAAAAV ° /n2bO ° /u2bn... 2/6/ 2013

Page 35: 09F1 - Mayor's Role MN Industrial Sand Council - CC 02-11-2013

Swanson, Teri

From: Bayley, LisaSent: Friday, February 08, 2013 9:47 AMTo: Swanson, Teri

Subject: FW: Mayor Dennis Eagan

From: Lynne Rigg [ Iriggo2@aol. com] Sent: Friday, February 08, 2013 8: 43 AMTo: sebion3 gmail.com; Bayley, Lisa; Hove, Dean; Schultz, Michael; Rehder, Peggy; Rauterkus, Ralph; Meinke, MarilynSubject: Mayor Dennis Eagan

The fact that Mayor Dennis Eagan assumes that there is no conflict of interest by serving as mayorof Red Wing and being the Director of the Minnesota Industrial Sand Council reflects his lack of consideration for thepeople of Red Wing. This justifies his removal from his position as mayor ofRed Wing. For the past two years frac sand mining has been a major topic of concern in our city with hundreds of peopleresponding negatively to the possibility of consideration in our area. Eagan is more concerned about his own personalrewards than about the people of Red Wing.

Lynne Rigg ( 651) 388 -67301845 Bohmbach Drive

Red Wing, MN 55066 Lriggo2ftr aol. com

Page 36: 09F1 - Mayor's Role MN Industrial Sand Council - CC 02-11-2013

Dennis Eagan Page 1 of I

Dennis Eagan

Jo Seton Doseton95@gmail. com] Sent: Wednesday, February 06, 2013 7: 56 AMTo: Rehder, Peggy; Bayley, Lisa

G'day ladies,

Just read the article in the Mpls newspaper this morning about Dennis Eagan' s lobbying job. I want tothank you both for pointing out the serious concerns at stake here. i am stunned at the insensitivity (dareI say unconscionability ?)of someone who considers being a lobbyist and holding public office asunproblematic! I add my voice to the undoubtedly growing number who are concerned about this.

Jo

htips: / /mail.ei.red- wing.mn. us /owa/ ?ae= Item &t= IPM.Note &id= RgAAAAAV ° /u2bO ° /2̀bf3... 2/ 6/ 2013

Page 37: 09F1 - Mayor's Role MN Industrial Sand Council - CC 02-11-2013

Kuhlmann, Kay

From: Jacqueline West <jacquelinemichaelwest @yahoo.com> Sent: Wednesday, February 06, 2013 1: 28 PMTo: Kuhlmann, KaySubject: Mayor Egan

Council Administrator Kuhlmann,

I am extremely concerned about Mayor Dennis Egan' s position as head of a new frac sand mining lobbying/tradegroup. Sand mining is a divisive and important issue in our town, and I do not see how an elected official like our mayorcan work on behalf of a major industry on one side of the debate while genuinely listening to and considering the opinionsof his constituents on the other. I hope that you and others on the council will give this issue your attention, and that youwill help to find a solution that ensures that the people of Red Wing will be given honest and fair representation.

Thank you --

Jacqueline West

Red Wing, MN

Page 38: 09F1 - Mayor's Role MN Industrial Sand Council - CC 02-11-2013

Mayor Egan Page 1 of 1

Mayor Egan

Jacqueline West Dacquelinemichaelwest @yahoo.com] Sent: Wednesday, February 06, 2013 1: 26 PMTo: Bayley, Lisa

Council President Bayley,

I am extremely concerned about Mayor Dennis Egan' s position as head of a new frac sand mining lobbying /tradegroup. Sand mining is a divisive and important issue in our town, and I do not see how an elected official like ourmayor can work on behalf of a major industry on one side of the debate while genuinely listening to and consideringthe opinions of his constituents on the other. I hope that you and others on the council will give this issue yourattention, and that you will help to find a solution that ensures that the people of Red Wing will be given honest andfair representation.

Thank you --

Jacqueline West

Red Wing, MN

https: / /maii. ci. red - wing. mn. uslowa/ ?ae= Itcm &t =IPM.Note &id= RgAAAAAV %2bO %2bf3... 2/ 6/2013

Page 39: 09F1 - Mayor's Role MN Industrial Sand Council - CC 02-11-2013

Kuhlmann, Kay

From: Ryan West < [email protected]> Sent: Wednesday, February 06, 2013 9:05 AMTo: Kuhlmann, KaySubject: Frac Sand and Dennis Egan

Please ask Mayor Egan to resign immediately. He has betrayed the public trust by entering knowingly into anaudaciously blatant conflict of interest regarding frac sand mining.

Ryan West

Red Wing Shoe CompanyP: 651- 385 -6731

C: 612- 839 -8237

[email protected] I www.redwingshoes.com

Page 40: 09F1 - Mayor's Role MN Industrial Sand Council - CC 02-11-2013

Swanson, Teri

From: Bayley, LisaSent: Friday, February 08, 2013 10:30 AMTo: Swanson, Teri

Subject: FW: Spam: I strongly support the immediate removal of Dennis Egan as Mayor

From: David Wimberly [ davidwimberly @eastlinl<.ca]

Sent: Friday, February 08, 2013 10:05 AM

To: sebion3 @gmail.com; Bayley, Lisa; Hove, Dean; Schultz, Michael; Rehder, Peggy; Rauterkus, Ralph; Meinke, MarilynSubject: Spam: I strongly support the immediate removal of Dennis Egan as Mayor

Dear Councillors,

Please add my voice to those calling for the removal of Mayor Dennis Egan of Red Wing, Minnesota.

It is a clear conflict of interest for him to say he' s going to work for the frc sand frac sand mining industry, as ExecutiveDirector of the Minnesota Industrial Sand Council, while also intending to remain as mayor.

Under Red Wing' s Charter, the Council has the power to remove the mayor. I strongly support the immediate removal of Dennis Egan as Mayor and from any other position of influence in RedWing.

At this point, even should Dennis Egan withdraw from his role as Executive Director of the Minnesota Industrial Sand

Council he should still be permanently removed. His declarations of extreme bias make him unfit for service in the faceof important decision before council.

With every best wish,

David WimberlyElgin, Arizona

85611