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Regular Council Meeting <br />July 28, 2014 <br />Page 10 <br />McIlyar said the City Council could direct him to contact Defenbaugh and Associates and the <br />PEDC Board to ask for written authorization to release their preliminary reports to the City <br />Council, as that was the proper way to handle the matter. Mayor Frierson inquired how the <br />Council wished to proceed on this and said if Council Member Lancaster requests the <br />documents, she was certainly entitled to have them. He asked if the Council wanted to open it up <br />to any City Council Member that wanted a copy or did they want to request written authorization <br />from Mr. Defenbaugh. Council Member Plata asked if they were going to get the report and <br />Mayor Frierson answered in the affirmative. Council Member Lancaster said she was requesting <br />the preliminary report and requested it as a City Council person and she was due. She also said <br />she saw no point in denying her something that she had requested legally as a Council Member. <br />Council Member Plata said he could see Mr. Mcllyar' s point and Council Member Lancaster <br />said she could not. Council Member Hashmi said there was a law that says if the attorney <br />provides something to the Council Member, which is not to be a disclosed, that it becomes a <br />violation of the law if the Council Member distributes it. Mr. McIlyar said once information was <br />given to a City Council Member that he could not control the City Council Member from <br />dispersing that information and doing so, would waive attorney client privilege. Council <br />Member Hashmi said he was correct, that he could not. Council Member Hashmi also said there <br />was a law that says she cannot publicly distribute anything that is given to her while she is in <br />office as a Council Member. Council Member Hashmi said he thought there was a penalty, <br />punishment and a fine to it if a Council Member released confidential information. He said he <br />saw no reason not to give her the preliminary report and said there was plenty of other <br />confidential information the Council got and they did not disburse it. Mr. McIlyar said it was not <br />third party investigator information and that he was glad to share with the City Council any city <br />document. He said he was not comfortable releasing third party confidential information that <br />was between two other parties and not the City Council. Council Member Lancaster wanted to <br />know if the information was different in the preliminary report than the final report. Mr. McIlyar <br />said he did not know, because he had not seen the final report. Council Member Pickle asked <br />Council Member Lancaster if she thought the information was different. Council Member <br />Lancaster said she did not think it should be, but that was a point now of the fact that she <br />requested something she should have gotten and she wanted to go through it and see. She said <br />there may not be one word different, but she did not think that was the point. Mayor Frierson <br />asked Council if they wanted to take action on this item. Council Member Plata asked if they <br />could have Mr. Defenbaugh provide the preliminary report to the Council when he attends the <br />joint meeting. Council Member Hashmi asked if in the future when a Council Member requests <br />something if they can be given the document. He said whatever the Council Member needs they <br />should be given it as long as they do not distribute the information. Council Member Plata asked <br />Mr. McIlyar if he had the preliminary report and Mr. McIlyar answered in the affirmative. Mr. <br />McIlyar said he received it from Mr. Defenbaugh in the middle of June and that he had not <br />shared it with anyone outside his staff in the city attorney's office. Council Member Plata <br />