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Record of Proceedings

Rochester Ethical Practices Board Meeting – September 18, 2026

Boards and Commissions — Friday, September 18, 2026
BodyRochester, Minnesota
SessionBoards and Commissions
DateFriday, September 18, 2026
StatusFILED
Video Record
0:00 / 1:13:45

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it
0:03

So this thing we'll do is approve the minutes from last night.

0:06

Anyone would like to make a motion to approve announcement.

0:11

Make the motion to approve.

0:13

I'll second.

0:14

Great.

0:15

Any discussion on that?

0:17

I'll check in the motion.

0:20

All in favor say aye.

0:22

Aye.

0:24

Anyone who opposed.

0:28

Okay, I did not change.

0:30

Do anyone want to change the order's agenda?

0:34

Yeah.

0:36

So attorney uh spin like any reports or inquiries.

0:42

There were um not uh madam there.

0:46

Any very specific inquiries different than the materials that you have in front of us that did generate some amount of internal discussion um for my team.

0:58

What I would otherwise also just indicate for the board is that um with the election season, we are paying close attention.

1:07

It really hasn't generated any other um complaints, formal complaints.

1:14

Um but we just um keep a close eye on things and as part of the uh candidate form that we did a few months ago.

1:25

We're trying to give direction to folks, um, awareness of uh the ethics ordinance.

1:32

Um they of course have a disclosure form that they submit as as candidates.

1:37

So we usually we keep our fingers crossed that there's not formal complaints that come through to us leading up to election day.

1:45

Um that's something that we pay close attention to.

1:47

Just wanted to share that piece.

1:50

Thank you.

1:51

Uh up next we have a spot for open comment period.

1:54

I don't see any audience members or any of the boards interested in making a statement as a community member, not necessarily.

2:04

We didn't really do get deep into that building at the golf course.

2:10

In terms of the issue, we're gonna keep going.

2:13

So that was that was the open comment period.

2:15

I'm just following the agenda.

2:17

Okay.

2:17

We have no unfinished business, so we do have some new business.

2:20

We have two complaints.

2:21

Um, I had asked attorney Spindler Craig to remind us of we got some sensitive information.

2:28

We have information that has not been released to the public.

2:33

And I asked um the attorney Spindler Craig to remind us, give us a little bit of um you know boundaries, what we can say, what we can't say, because it is it can get confusing.

2:43

And really just uh I think the simple summary and a practice um that we followed within these meetings is that we we do not reference the complainant by name or association, um uh the respondent, the person who is um who's facing the ethics allegation, usually that ends up being a pretty simple um and straight forward process.

3:12

Um so using the example of one of the complaints this evening, we'll just refer to it as the restaurant and not um budgeting.

3:24

Are you including your bill?

3:28

Is gulf building down here right here?

3:31

I I think it's it's fine to reference the general location.

3:37

Okay, and the fact of how it's outfitted inside, and that seems to be the basis for the issue.

3:46

Um yes, to the extent that that the body thinks they need to discuss that piece.

3:53

We'll we'll talk about it as much as you want.

3:56

Okay.

3:59

We do have two complaints.

4:02

Um they were emailed to us as one and complaint two, complaint one being a shorter one, like a three-page point two being much longer.

4:11

Um I'm gonna suggest we just stick with that order and maybe address complaint one initially.

4:17

Okay, so point one.

4:20

Um here's to be a ethical complaint against a city council member noting that they observed any city council meeting some text from somebody else's phone, and then they feel that they observed the council member potentially responding based on a text that this person saw being texted.

4:43

Um they actually procure their complaint stating I cannot confirm the identity of the person being texted for approved wrongdoing.

4:51

So we have three choices with each of these complaints, right?

4:55

We can dismiss it.

5:03

We can say that yes, there was an ethical complaint, and we can play out what exactly we would file and it's not.

5:12

The other option is that we can say we need more information, we should conduct an investigation.

5:17

Those are three options.

5:18

Dismiss, investigate, or find that there was an ethical complaint.

5:23

Anybody would like to make a motion on this one for any of those three options.

5:31

I'd move that we dismiss.

Discussion Breakdown — Share of Meeting
Ethics And Governance█████████████████████████████████████████████58%
Legal And Contractual Matters█████████████████████27%
Procedural████████████15%
Summary of Proceedings

Rochester Ethical Practices Board Meeting – September 18, 2026

The Ethical Practices Board of Rochester, Minnesota, met on September 18, 2026, at City Hall (Room 104), beginning at 10:30 a.m. The Board approved the minutes of its June 18, 2026 meeting, received no public comment, and reviewed two ethics complaint inquiries submitted on August 17 and August 19, 2026. One complaint was dismissed, the other was tabled to the next meeting, and the Board set its October meeting date. Note: The agenda and adopted minutes are dated September 17, 2026, which conflicts with the September 18, 2026 meeting timestamp provided for this summary.

Consent Calendar

  • Approved the meeting minutes of June 18, 2026 by motion.

Public Comments & Testimony

  • No members of the public wished to speak during the open comment period (limited to 15 minutes for non-agenda items); the period was closed.

Discussion Items

Reports/Inquiries

  • The City Attorney reported that no formal inquiries beyond the two complaint submissions were pending, though specific questions had generated internal discussion among his team.

Complaint inquiry submitted August 19, 2026 – Dismissed

  • The complaint alleged that a city council member was observed viewing text messages from someone else's phone during a council meeting and appeared to respond to them. The complainant stated, "I cannot confirm the identity of the person being texted for approved wrongdoing."
  • The City Attorney explained that while council members should not text among themselves due to open meeting law concerns, no similar preclusion applies to texting staff or members of the public.
  • Board members discussed the importance of public perception to the credibility and trustworthiness of elected officials.
  • The Board made and carried a motion to dismiss this complaint.

Complaint inquiry submitted August 17, 2026 – Tabled

  • This longer complaint involved a vendor agreement and RFP process. The complainant raised concerns that the request for proposals may have been initiated due to bias based on actions of the property owners, and that a facility's financial performance was misrepresented (described by the complainant as a "money pit" wasting tax dollars).
  • One board member summarized the complainant's view as believing there was "negative bias towards him by the person who had the power to present him in a particular way."
  • Board members questioned whether "good old boys club" and "scratching each other's back" conduct falls within the ethics ordinance, and one board member (Bob) shared experience from his time as an administrator in Wisconsin about contract negotiation and "horse trading."
  • The City Attorney discouraged an investigation, stating that the city is not bound to renew a contract and is free to change course during an RFP process.
  • A board member moved to table the final decision to allow members additional time to read the full complaint; the motion was clarified to continue discussion to the next meeting.
  • Board member Haeussinger left the meeting before a vote could be taken on this complaint and did not return. The Board voted to table the complaint to the October meeting.

Other Business

  • The Board discussed scheduling conflicts and selected a new meeting date. October 15, 2026 was raised as a possible date, but the adopted minutes record the next meeting as October 29, 2026, at 10:30 a.m. in conference room 320 of City Hall.

Key Outcomes

  • Approved the June 18, 2026 meeting minutes.
  • Dismissed the August 19, 2026 complaint inquiry.
  • Tabled the August 17, 2026 complaint inquiry to the next meeting.
  • Scheduled the next meeting for October 29, 2026 at 10:30 a.m. in conference room 320.

Meeting Transcript

So this thing we'll do is approve the minutes from last night. Anyone would like to make a motion to approve announcement. Make the motion to approve. I'll second. Great. Any discussion on that? I'll check in the motion. All in favor say aye. Aye. Anyone who opposed. Okay, I did not change. Do anyone want to change the order's agenda? Yeah. So attorney uh spin like any reports or inquiries. There were um not uh madam there. Any very specific inquiries different than the materials that you have in front of us that did generate some amount of internal discussion um for my team. What I would otherwise also just indicate for the board is that um with the election season, we are paying close attention. It really hasn't generated any other um complaints, formal complaints. Um but we just um keep a close eye on things and as part of the uh candidate form that we did a few months ago. We're trying to give direction to folks, um, awareness of uh the ethics ordinance. Um they of course have a disclosure form that they submit as as candidates. So we usually we keep our fingers crossed that there's not formal complaints that come through to us leading up to election day. Um that's something that we pay close attention to. Just wanted to share that piece. Thank you. Uh up next we have a spot for open comment period. I don't see any audience members or any of the boards interested in making a statement as a community member, not necessarily. We didn't really do get deep into that building at the golf course. In terms of the issue, we're gonna keep going. So that was that was the open comment period. I'm just following the agenda. Okay. We have no unfinished business, so we do have some new business. We have two complaints. Um, I had asked attorney Spindler Craig to remind us of we got some sensitive information. We have information that has not been released to the public. And I asked um the attorney Spindler Craig to remind us, give us a little bit of um you know boundaries, what we can say, what we can't say, because it is it can get confusing. And really just uh I think the simple summary and a practice um that we followed within these meetings is that we we do not reference the complainant by name or association, um uh the respondent, the person who is um who's facing the ethics allegation, usually that ends up being a pretty simple um and straight forward process. Um so using the example of one of the complaints this evening, we'll just refer to it as the restaurant and not um budgeting. Are you including your bill? Is gulf building down here right here? I I think it's it's fine to reference the general location. Okay, and the fact of how it's outfitted inside, and that seems to be the basis for the issue. Um yes, to the extent that that the body thinks they need to discuss that piece. We'll we'll talk about it as much as you want. Okay. We do have two complaints. Um they were emailed to us as one and complaint two, complaint one being a shorter one, like a three-page point two being much longer. Um I'm gonna suggest we just stick with that order and maybe address complaint one initially. Okay, so point one.

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