Forest Lake City Attorney Dave Hebert on Monday delivered his legal opinion about Council member Bo Bogotty and said the elected official should not able to vote on the idea to extend bar closings from 1 a.m. to 2 a.m.

Earlier this summer, the council voted 2-2, with Bogotty abstaining, to extend the bar hours in Forest Lake. The tie resulted in the motion failing. Since that decision, Bogotty has further explored his voting capabilities as a council member. The council eventually asked Hebert to deliver his legal opinion on the matter.

In Hebert decision he said that Bogotty, who is listed as CEO of the Upper Deck as of a December 12, 2006 liquor license renewal, has "been a proponent of extended hours both as a council person and prior to holding office." Bogotty has said he no longer has an interest in the bar because the on-sale liquor license is now in the hands of his wife. After more than a one-month of reviewin facts, case law and the city's code of ethics policy, Hebert said he did not believe the council member should be allowed to vote based on a conflict of interest.

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