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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. 920131 -2 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. 920131 -3 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. 920131 -5 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 920131 -6 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 �.G4� t�q W=-e-e Eileen P. Hall City Clerk