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