1992 01 31 CC Minutes, SpecialMINUTES OF THE SPECIAL SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
January 31, 1992
The City Council of the City of Baytown, Texas, met in
special session on Friday, January 31, 1992, at 8:00 a.m. in the
Council Chamber of the Baytown City Hall with the following
attendance:
Mario Delgado
*Don M. Hullum
Ray Swofford
Pete C. Alfaro
Bobby J. Credille
Rolland J. Pruett
Emmett O. Hutto
Bobby Rountree
Eileen P. Hall
Councilman
Councilman
Councilman
Councilman
Councilman
Councilman
Mayor
City Manager
City Clerk
The meeting was called to order with a quorum present, and
Councilman Pruett offered the invocation, after which the
following business was conducted:
Interview to Fill Council District No. 4 Vacancy
Council interviewed four candidates to fill Council District
No. 4 vacancy as follows: Steve H. DonCarlos, Lee Haywood, Guy
Anderson, and Don M. Hullum. After the interview process, Mayor
Hutto called for a five minute recess.
Consider Appointment to Fill Council District No. 4 Vacancy
Mayor Hutto recognized the citizens who had registered to
speak to this item.
Robert H. Walton, resident of District 4, spoke in support
of Don M. Hullum. Mr. Walton went over Mr. Hullum's
qualifications and pointed out that City Hall had received 433
calls of support from District 4 residents and 157 calls of
support by others.
Denzil Shirley, resident of District 4, stated that he too
had canvassed residents of the district and the majority favored
Don Hullum.
Vera Hartt, resident of Baytown, spoke in favor of Don
Hullum to fill the Council District 4 vacancy and Jimmy Johnson
to fill the Municipal Court Judge's vacancy.
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Minutes of the Special Session - Jan. 31, 1992
Mayor Hutto called upon each councilman. Councilman Delgado
stated that he was impressed by the candidates and felt that
whomever council selected would serve well.
Councilman Swofford concurred.
Mayor Hutto stated that he would support the candidate
supported by the district. He pointed out that when Jimmy
Johnson ran for council in District 4, he received 460 votes.
Councilman Alfaro commended all four candidates, emphasizing
the grass roots support of Don Hullum. However, Councilman
Alfaro mentioned that he was disappointed in Mr. Hullum's answers
to questions four and five.
Councilman Credille encouraged all four candidates to run
for office. He emphasized that during his term of office, he has
based his decision making policies on what the people of Baytown
want, and in this case what the people in that district have
indicated.
Councilman Pruett noted that Mr. Hullum has received a lot
of support. However, he was not certain if Mr. Hullum ran for
office if he would get all the support. He could see good points
in all the candidates. However, he moved to fill the balance of
Councilman Johnson's term with Don Hullum. Councilman Swofford
seconded the motion. The vote follows:
Ayes: Council members
Alfaro, Credille
Mayor Hutto
Nays: None
Recess and Reconvene
Delgado, Swofford,
and Pruett
Mayor Hutto recessed the open meeting to allow the city
clerk time to have the Statement of Office executed, fax a copy
to the Secretary of State's Office, and receive verification of
the filing.
When the open meeting reconvened, Mayor Hutto administered
the Oath of Office to Don M. Hullum.
*Don M. Hullum took his seat on Council.
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Minutes of the Special Session - Jan. 31, 1992
Interview Municipal Court Judge Applicants
Council interviewed the municipal court judge applicants as
follows: Daniel R. Jackson and James S. Johnson, Jr.
Consider Appointment of Municipal Court Judge for a Term
Beginning February 1, 1992 Through February 1, 1994
Stephen Mescall, Attorney at Law, spoke on behalf of the
East Harris County Bar Association. He stated that sixty
attorneys had expressed concern that the person selected be
someone qualified. For approximately twenty -three years the
Municipal Court Judge of Baytown has been a licensed attorney.
He pointed out that the municipal court judge has to adhere to
certain rules of procedure in order to conduct a trail. Search
warrants are very technical and if a mistake is made, the
perpetrator will go free.
Denzil Shirley, resident of Baytown, pointed out that the
Justices of the Peace for this area, Polumbo and Smith, are not
attorneys, neither is the Justice of the Peace for the portion of
the City of Baytown in Chambers County. He felt that municipal
court should be a court of the people.
Tom Allison, a resident of Baytown, stated that as a private
citizen going into court, he would prefer the judge to have court
experience. He pointed out that in applying for any position
there are certain credentials that must be met.
Mayor Hutto called upon Councilman Delgado to speak.
Councilman Credille moved to reverse the order. Councilman
Alfaro seconded the motion. The vote follows:
Ayes: Council members Hullum, Alfaro and Credille
Nays: Council members Delgado, Swofford, Pruett
Mayor Hutto
Councilman Delgado emphasized that municipal court is a
court of the people. He asked the question if Mr. Jackson is
supported by attorneys, who will the court serve? He stated that
he would like to keep the court simple to serve the people.
920131 -4
Minutes of the Special Session - Jan. 31, 1992
Councilman Hullum inquired what salary had been discussed.
The city manager responded $24,000 annually, and health insurance
would be provided for the judge only. Councilman Hullum noted
that Mr. Jackson is an extremely qualified attorney and
mentioned that he had served on council at a time when the
municipal court judge was not an attorney and also during the
time that the municipal court judge was an attorney. He had a
concern with the amount of time the judge could spend serving the
municipal court. He felt that the person serving as judge at the
municipal level is not required to be an attorney, but must be
sensitive to the people.
Councilman Swofford had no further comments.
Councilman Alfaro stated that he had received between 60 and
70 calls from people who requested that he look at experience and
qualifications. Those people supported Danny Jackson. Only three
of the callers supported Councilman Johnson. He felt the court
system to be complex, and although he respected Councilman
Johnson, he would have to consider experience and qualifications
of the individual.
Councilman Credille pointed to the time that city council
was appointing a city manager. One of the things that he
considered was that he had served as a competent assistant city
manager. Danny Jackson has served as assistant municipal court
judge for three years and performed very competently. Councilman
Credille pointed to his concern about legalities and stated that
the city would be going back to where it was twenty years ago.
He pointed out if Mr. Jackson were retained then Item No. 11,
authorizing a contract with Raymond Donnelly for professional
services would not be necessary.
Councilman Pruett stated that he too had received calls.
Some of those callers were not familiar with the duties of the
municipal court judge. He pointed out that the present system
was put in place when there was only one city attorney and one
assistant. Now there is a city attorney with two assistants. He
felt it was time for the municipal court judge to have more time
free for municipal court. He pointed out Mr. Johnson's
experience with teaching all races and felt that that would be a
plus in dealing with the teenage gang problem.
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Minutes of the Special Session - Jan. 31, 1992
Councilman Credille moved to appoint Danny Jackson as
municipal court judge. Councilman Alfaro seconded the motion.
The vote follows:
Ayes: Council members Alfaro and Credille
Nays: Council members Delgado, Swofford, Hullum
and Pruett
Mayor Hutto
Councilman Pruett moved to appoint Jimmy Johnson as
municipal court judge for a salary of $24,000 a year. Councilman
Delgado seconded the motion. The vote follows:
Ayes: Council members Delgado, Hullum, Swofford,
and Pruett
Mayor Hutto
Nays: Council members Alfaro and Credille
Recess and Reconvene
Mayor Hutto recessed the open meeting to allow time for the
city clerk to have the Statement of Office executed, fax a copy
to the Secretary of State's Office, and receive verification of
the filing.
When the opening meeting reconvened, Mayor Hutto
administered the Oath of Office to Jimmy Johnson.
Consider Proposed Ordinance, Authorizing Contract with Raymond
Donnelly for Professional Services
The administration recommended a contract with Raymond
Donnelly for professional services during the transition period
for the amount of $2,402.
Councilman Swofford moved to adoption of the ordinance.
Councilman Hullum seconded the motion. The vote follows:
Ayes: Council members Delgado, Hullum, Swofford,
and Pruett
Mayor Hutto
Nays: Council members Alfaro and Credille
2W
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Minutes of the Special Session - Jan. 31, 1992
Ordinance No. 6146
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND
THE CITY CLERK TO ATTEST TO A CONTRACT FOR PROFESSIONAL SERVICES
WITH RAYMOND DONNELLY; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN
OF THE SUM OF TWO THOUSAND FOUR HUNDRED TWO AND N01100
($2,402.00) DOLLARS; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Mayor Hutto explained to those in attendance that the
process had been lengthy due to state law and Charter
requirements.
City Manager's Report
Officer Recognized - Officer Reggie Fowler has been
recognized as Officer of the Week by Channel 13.
Reception for Judge Donnelly - A reception is planned for
Judge Donnelly on February 12 from 2:00 to 4:00 p.m. at the
Municipal Court.
Firemen Retiring - Four firemen are retiring today and the
retirement party is scheduled from 11:00 to 1:00 p.m. at Roseland
Park.
Audit Committee - Mayor Hutto appointed Council members
Delgado, Swofford and Pruett to serve on the Audit Committee,
with Councilman Pruett serving as Chairman.
Adjourn
There being no further business to be transacted, the
meeting was adjourned.
3.3.5
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Eileen P. Hall
City Clerk