HomeMy WebLinkAbout01/13/1992 City Council MINUTES OF THE CITY COUNCIL MEETING
HELD ON
JANUARY 13, 1992
The Special Session of the City Council of the City of The Colony, Texas was called to order
at 7:00 p.m. on the 13th day of January, 1992 at City Hall with the following Council roll
call:
William W. Manning, Mayor Present
Mike Lynch, Councilman Present
Billy Sharp, Councilman Present
Dale Therio, Councilman Present
Rob Burchard, Councilman Present
Lou Gomez, Councilman Present
Joel Marks, Mayor Pro-tem Present
and with seven present, a quorum was established and the following items were addressed:
1. PLEDGE OF ALLEGIANCE
7:10 p.m.
2. EXECUTIVE SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S.,
SECTION 2G, PERSONNEL, TO-WIT
A. POLICE CHIEF, WHICH MAY INCLUDE DISCUSSIONS WITH OR
REGARDING OTHER DEPARTMENT PERSONNEL
12:11 a.m. (January 14, 1992)
Upon reconvening in open session, the following item was addressed:
3. CONSIDERATION OF ANY ACTION TO BE TAKEN AS A RESULT OF THE
EXECUTIVE SESSION
Motion to direct the City Manager to work with the Police Chief to solve the issues in the
department and to come back to the council with an update - Lynch; second - Burchard.
Motion to amend the motion to include an investigation by the council into allegations
made and the responses given by the Chief's staff to those allegations, to determine if they
in fact are truthful - Gomez.
Mayor Manning asked if this should be an open investigation and Councilman Marks
asked how it could be open when the memorandum in question is considered excepted
under the Open Records Act. Councilman Gomez said that he is the one who created the
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document and deemed it confidential, and since the document has already been circulated
to many people, he could deem it an open record.
Amendment changed to stated the investigation should be conducted pursuant to the laws
of the State of Texas to prove the validity or lack thereof, as our Charter allows - Gomez;
second - Marks.
Councilman Lynch asked if this investigation would be conducted concurrent with the
action dictated in the first motion. Councilman Marks said he doesn't believe it wx3uld
be in conflict and that it may help take care of some of the problems.
Councilman Gomez stated this document (his memorandum) has not been answered,
and if the Chief has been wronged or if the Chief is wrong, that must be resolved.
Councilman Gomez said all the Executive Session proved is that there are problems in the
department and if Ted Gibson is to remain as Chief of Police these allegations must be
answered.
Councilman Lynch said the original is for the City Manager address the problems and
now, with this amendment, the City Council would by pass the City Manager. Mayor
Manning said no, this investigation would be done at the same time to determine if the
allegations and the answers to those allegations are true.
Councilman Burchard said he came to this meeting with the intent to have a public
hearing, going on, he said he understands what Councilman Gomez is trying to accomplish
but that the Council needs to let the City Manager be the City Manager and not interfere
again with his (City manager) ability to run the city.
Vote of the amendment was as follows: Lynch - No; Sharp - Aye; Therio - No; Burchard -
No; Gomez - Aye; Marks - Aye; Manning - No. Amendment failed.
Motion to amend the original motion to require the report be in to the Council within 90
days - Sharp; second - Therio. Amendment carried with the following vote: Lynch - Aye;
Therio - Aye; Burchard - Aye; Gomez - No; Marks - Aye; Manning - Aye.
Original motion to direct the City Manager to work with the Police Chief to resolve the
problems in the department carried with the following vote: Lynch - Aye; Sharp - Aye;
Therio - Aye; Burchard - Aye; Gomez - No; Marks - Aye; Manning - Aye.
Councilman Gomez stated that in review of the situation tonight, he feels the
problems in the police department are still unanswered and that the City manager was put
in a very bad situation when Councilman Burchard violated the Charter by releasing the
confidential memorandum sent to the City Manager by himself (Gomez) to the Chief and
then asking the Chief to respond to the allegations contained it the memo. Councilman
Gomez went on to say that he did not feel he could face those police employees who had
come to him in good faith for help when following the chain of command had not worked,
stating that he feels very strongly that the Council has let down those employees and that
he can no longer serve on the council effectively. Councilman Gomez said in light of these
things, he is tendering his resignation from the Council effective immediately.
There being no further business to address, Mayor Manning adjourned the meeting
at 12:27 a.m.
APPROVED:
William W. Manning, Mayo~
ATTEST:
Patti A. Hicks, City Secretary
[SEAL]
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