Due to a procedural ambiguity, the Albert Lea Port Authority convened Monday to reaffirm a resolution that would employ City Manager Paul Sparks as full-time executive director of the port authority.

Even though the resolution passed last week, the special meeting was scheduled because, according to Mayor Jean Eaton, citizens were questioning the the validity of the resolution.

&uot;Everything was legal on Monday night,&uot; Mayor Jean Eaton said, referring to last week’s city council meeting. &uot;But there was a technical error.&uot;

City Attorney Steve Schwab was not sure if there was a legal argument for the resolution’s lack of validity, but wanted to hold yesterday’s special meeting to make sure there was none.

The unclear aspect of the process was found in the manner in which the port authority was opened and closed on Monday, Oct. 13.

As usual, the port authority met immediately before the city council meeting last Monday. When the business of the meeting was finished, the port authority meeting was closed.

However, near the end of the city council meeting that followed, Jeff Fjelstad motioned to open the port authority so he could introduce the resolution.

Schwab said that it would have been &uot;better protocol&uot; to recess, rather than close, the original port authority meeting.

He said that closing the port authority meeting was misleading for those who had attended, because the closure might have implied that there was no further business for the board to consider.

However, both Schwab and Eaton knew that a motion to open the port authority would be made later in the city council meeting. Schwab said that, in that case, recessing the original port authority, instead of closing it, would have inferred that the board had more business to which to attend.

Schwab said he would have offered this advisement earlier, but was unable to attend the original port authority meeting.

The attorney said the originally introduced resolution was &uot;probably valid, but it was an issue that could have been raised.&uot;

&uot;I wanted the (most recent port authority) meeting. Given the nature of the issue, I thought it would be better.&uot;

(Contact Benjamin Dipman at ben.dipman@albertleatribune.com or 379-3439.)