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2010 06 03 CC Minutes, SpecialMINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN June 03, 2010 The City Council of the City of Baytown, Texas, met in a Special Meeting on Thursday, June 03, 2010, at 5:04 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Brandon Capetillo Lynn Caskey David McCartney Mercedes Renteria Terry Sain Scott Sheley Council Member Council Member Council Member Council Member Council Member Council Member Stephen Fl. DonCarlos Mayor Garrison C. Brumback City Manager Bob Leiper Deputy City Manager Kevin Troller Assistant City Manager Ignacio Ramirez City Attorney Leticia Garza City Clerk Keith Dougherty Sergeant at Arms Mayor DonCarlos convened the June 03, 2010, Special Meeting with a quorum present at 5:00 P.M. 1. EXECUTIVE SESSION a. Jennings Investments, L.P., et al., v. City of Baytown, Texas, et al. Mayor DonCarlos states that the executive session related to the City Manager's evaluation would not be taken in closed session, per the request of the City Manager, Mr. Brumback and would be taking the agenda out of order to deal with those items related to the Jennings's civil action. At 5:05 P.M., Mayor DonCarlos recessed into and conducted an executive session pursuant to Government Code, Section 551.071 to seek the advice of the City's attorneys concerning Civil Action No. 3:09 -cv- 00239; J. Jennings Investments, L.P., et al., v. City of Baytotivn, Texas, et al., in the United States District Court, Southern District of Texas, Galveston Division. Page 2 of 4 Minutes of the June 03, 2010 City Council Special Meeting At 6:20 P.M., Mayor DonCarlos reconvened the Open Meeting of the City Council of the City of Baytown and announced that in accordance with Section 551.102 of the Texas Open Meetings Act, no action was taken in the Executive Session. 2.a. Action Concerning Civil Action No. 3:09 -cv- 00239; J. Jennings Investments, L.P., et al., v. City of Baytown, Texas, et al. - Legal. Mayor DonCarlos stated that no action was required at this time regarding the Civil Action No. 3:09 -cv- 00239; J. Jennings Investments, L.P., et al., v. City of Baytown, Texas, et al. in the United States District Court, Southern District of Texas, Galveston Division. Alan Hudgins registered to speak before Council regarding this agenda item. l.b. City Manager's Employment, Evaluation, Duties, Discipline, and /or Dismissal. Mayor DonCarlos presented the agenda item regarding the City Manager's employment, evaluation, duties, discipline, and/or dismissal and gave a summary of the events that led up to the evening's discussion. In December 2009, the Council had a similar meeting regarding the City Manager's employment and it was decided at that time that an Ad Hoc Committee made up of Council Members Caskey, Sheley and Capetillo would review the following three (3) items: 1) Conduct research into contracts with the terms and conditions for City Managers in our area and report back to Council with what the options are on the contract terms for Mr. Brumback and 2) Visit with Mr. Brumback on the contract terms that he desires to be included in a new contract should Council decide to grant that and discuss Council concerns with Mr. Brumback to develop a plan for going forward, and 3) Conduct research into an investigative firm to look at allegations and concerns related to the City Manager. Mayor DonCarlos reminded Council that the Council's reputation as the City Manager's employer is damaged each time agenda items are worded in this format; it causes upheaval to the Staff, the City Manager and the community in general. The Council discussed the wording of agenda items, and were advised by the City Attorney that the agenda items did not have to include "discipline and/or dismissal" if that was not being considered. The City Attorney also stated that Council could have work sessions related to the City Manager's evaluation if they chose to do so, but advised them that at that point they could only discuss the item, but not take any action. Page 3 of 4 Minutes of the June 03, 2010 City Council Special Meeting Mayor DonCarlos also stated that the Council has proceeded forward in contracting with a firm that is currently reviewing the best practices of both the Engineering and the Planning and Development Services Departments. The Mayor recommended that the Council move forward in its decision to contract with an investigative firm that would review the allegations against the City Manager, in order to put this item to rest. Furthermore, the Mayor stated that the City Manager remains supportive of this investigative process, in order to be fully absolved of all allegations and untarnished his reputation. The Mayor called former Baytown Chief of Police, Mr. Charles Shaffer to discuss and answer questions related to Betty Lynne and Associates, an investigative firm out of the Dallas area that he has worked with in a number of investigations at a municipal government level. Former Chief Shaffer stated that the firm in question was ready and willing to assist with this investigation, and estimates that the cost to the City would be around $75,000 or more. Following an in -depth discussion related to this firm and the investigation itself, the Mayor recommended that Council communicate with the firm or any other to conduct an independent investigation of the allegations, and report back to the Council with a recommendation. Mayor DonCarlos voiced his concerns related to the city manager's evaluation form and process. He stated that in order to ensure a quality product, the Council needs to place a good amount of thought into the evaluation process and form. The Mayor stated that at this time, the City Manager's objectives, as well as his evaluation process remains unclear and in some instances unknown. The Council discussed the evaluation form, process and objectives for the City Manager's evaluation extensively. Mayor DonCarlos recommended that the evaluation process be a collective agreement between Mr. Brumback and City Council and requested that Council submit their evaluations of the City Manager for his past performance in the next week, and continue to work on the evaluation form that will be used in the future. City Attorney, Ignacio Ramirez, recommended that evaluations from Council be submitted to the Human Resources Department to be brought to the June 22 "d meeting. 2.b. Action concerning City Manager's employment, evaluation, duties, discipline, and/or dismissal. Mike Flinn, Donald Curry, Paula Johnson, Christine Sandlin, Alisha Brinsfield, Melissa Sullinger, John Pounds, Gay Savell, Tom Stroot, Alan Hudgins, Linda Bryan, John Bajzatt, Ruben Garcia, Sonny Steed, Becky Haus, DeeDee Gonzales, David Lee, Michelle Reeves, Francine Gordon, Larry Gordon, Keith Dougherty, Cliff Clements, Debbie Griffin, Pete Alfaro, Dave Jirrels, Charles Shaffer, Reba Eichel Keys, Artie Presley, Fran Parent, Sharon Rogers, Caroly Flynt, Kristine Kenney, Curt Ball, Sammy Mahan, Calvin Mundinger, Gener Poirot, Kevin G. Troller, James Haarmeyer, Chris Presley, Kathie Smith, Pete Lester, Tracey Wheeler, Chris McNair, Bob Leiper, Chris Page 4 of 4 Minutes of the June 03, 2010 City Council Special Meeting Navarre, Ron Lewis, and Tom Hard all registered to speak before Council regarding this agenda item. A motion was made by Council Member Caskey, seconded by Council Member Sain, that (1) an item be place on the June 10, 2010, Work Session beginning at 4:30 P.M. to discuss the City Manager's evaluation, (2) that complete the City Manager's evaluation form for his past performance and turn them into the Human Resources Department for them to compile a list of goals and objectives for the next three months for the City Manager and (3) that the Ad Hoc Committee research investigative firms and bring back a recommendation at the June 22, 2010, City Council meeting. The vote was as follows: Ayes: Council Members: Capetillo, Caskey, McCartney, Renteria, Sain, Sheley and Mayor DonCarlos Nays: None The motion carried. 3. MANAGER'S REPORT No Report. 4. ADJOURN A motion was made by Council Member Renteria, seconded by Council Member Capetillo, adjourning the June 03, 2010 Special Meeting. The vote was as follows: Ayes: Council Members: Capetillo, Caskey, McCartney, Renteria, Sain, Sheley and Mayor DonCarlos Nays: None The motion carried. Mayor DonCarlos adjourned the City Council Special Meeting of June 03, 2010 at 8:47 P.M.