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1978 04 24 CC Minutes, Special80424 -1 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 24, 1978 The City Council of the City of Baytown, Texas, met in special session Monday, April 24, 1978, at 5:00 p.m. in the Council Chamber of the Baytown City Hall. The following officials were in attendance: *Jody Lander Jack Kimmons Ted Kloesel Mary E. Wilbanks Allen Cannon Emmett O. Hutto Fritz Lanham Dan Savage Scott Bounds Eileen P. Hall Councilman Councilman Councilman Councilwoman Councilman Mayor City Manager Assistant City Manager City Attorney City Clerk Mayor Hutto called the meeting to order, and stated that the purpose of the special meeting was for Council to consider naming a qualified voter, who resides in District No. 2, to fill that vacant Council position. Mayor Hutto asked if anyone present would like to address Council before the Council recessed into executive session. Mrs. Jeanine Currie, a resident of County Club Oaks, presented Council with a petition containing approximately 425 signatures requesting that Mr. J. Hill Cone, 5018 Glen Haven be appointed to fill the vacancy in City Council District No. 2. Mrs. Currie stated that she had known Mr. Cone for 15 years, and that she found him to be a very capable, interested, and concerned citizen. Mrs. Currie pointed out that Mr. Cone was a retired person who would have the time to devote to this position. *Councilman Lander present. Mayor Hutto recognized Mr. Grover Edge who recommended that Mr. Jack Walker be appointed to fill the vacancy. Mr. Edge stated that Mr. Walker was a retired engineer who would have the time to devote to the position, and Mr. Walker is very interested in the community. Mayor Hutto recognized Mrs. Jean Shepherd, who stated that she was not present to speak for a particular candidate, but on the qualifications of the person who might be selected. Mrs. Shepherd pointed out that Council had a very grave responsibility and that the person appointed should be a person who has been a public servant, one who has attended Council meetings, one who has served on civic projects, and generally a person who has shown an interest in the community by working for the community. Mayor Hutto asked if anyone else would like to speak before Council recessed into executive session. Councilman Kloesel stated that he would like to comment on Council recessing into executive session. Councilman Kloesel stated that the City Attorney felt that Council could go into executive session, and he asked the attorney to go over the paragraph which would apply. Scott Bounds, City Attorney, read as follows, "Nothing in this act shall be construed to require governmental bodies to hold meetings open to the public in cases involving the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee or to hear complaints or charges against such officer or employee." 80424 -2 Minutes of the Special Meeting April 24, 1978 Councilman Kloesel felt that since this position was normally an elected position that Council should discuss the appointment in open session, and he asked the City Attorney if the term "public officer" was defined in the act. The City Attorney stated that the term "public officer" or "public employee" was not defined in the act, but there were a number of Attorney General opinions in which the term is used rather broadly and which would include this type office. Councilman Kloesel moved that the item having to do with recessing into executive session to discuss personnel matters be stricken from the agenda and that Council continue with the matter of appointing an individual to fill the vacant Council position. The motion died for lack of second. Councilman Kloesel then stated that for some time he had been concerned with appointments to committees being considered in closed session, and because of this strong feeling, Councilman Kloesel stated that he would necessarily refuse to attend the closed session. Mayor Hutto recessed the open meeting into executive session to discuss personnel matters. When the open meeting reconvened, Councilman Cannon moved that Eileen Caffey be appointed to fill the unexpired term of the Council District No. 2 position, and that Resolution No. 617 be adopted; Councilman Kimmons seconded the motion. Councilman Kloesel stated that he felt the Council should make nominations to fill the position rather than make a motion because by making a motion, this would preclude any other candidates if the motion passed. The vote follows: Ayes: Council members Lander, Kimmons, Wilbanks and Cannon Mayor Hutto Nays: Councilman Kloesel RESOLUTION NO. 617 A RESOLUTION OF THE CITY COUNCIL APPOINTING EILEEN CAFFEY AS COUNCIL MEMBER FROM DISTRICT NO. 2. Adjourn There being no further business to be transacted, the motion was made and duly seconded to adjourn. The vote was unanimous to adjourn. Eileen P. Hall, City Clerk IQ