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HomeMy WebLinkAbout08/09/1993 City CouncilOOzI86u MINUTES OF THE CITY COUNCIL MEETING HELD ON AUGUST 9, 1993 The Work Session of the City Council of the City of The Colony, Texas was called to order at 7:00 p.m. on the 9th day of August, 1993 at City Hall with the following Council roll call: William W. Manning, Mayor Present Mike Lynch, Councilman Absent Toby Pollard, Councilman Present Joe Agnew, Councilman Present Tom Bogan, Councilman Present John Dillard, Councilman Present Joel Marks, Mayor Pro-tem Present and with six present, a quorum was established and the following items were addressed: 1. REVIEW AND DISCUSSION OF OPERATIONS AND STAFFING OF ANIMAL AND WILDLIFE PROTECTION DEPARTMENT Mayor Manning opened the discussion by stating that this meeting was called by the council, and that when a member of council has a question or concern regarding why or how a meeting is posted they should contact him (Mayor) not the City Manager, noting it is not appropriate to place the City Manager in the middle of this type of situation. Mayor Manning went on to say he hoped all council had done their own research, and that he does not want this meeting to be embarrassing for any employees. Councilman Bogan said he feels there are and have been for some time, problems in the Animal Control Department and wants to know what can be done to correct them. He went on to say he has talked to several people about these problems, that he is aware an Animal Control Officer was terminated, but that he thinks the problem lies with the management and that is what needs to be addressed. He said there have been several Animal Control Officers terminated in the past but the problems still exist. Councilman Agnew stated he too has been contacted several times and noted that there have been several changes in Animal Control Officers in the past but the problems are still there. He said there seems to be a problem in how the employees treat citizens and that he believes that tone is set by management. Councilman Agnew also said he thinks perhaps an employee was wrongfully terminated who was following policy. Councilman Dillard said he had received more complaints this year regarding animal control than any other area, including the tax increase. He said he is aware that Mr. Hall has done some research into these problems and wants to hear what he has to say.) Councilman Marks said he is not sure this is the place to handle a management problem, stating he was not sure why this meeting is being held. Mayor Manning said this meeting was called so the council may formally express their concerns regarding the Animal Control Department to the City Manager. Going on, 2 Mayor Manning said he and the City Manager met with some members of staff and a local veterinarian recently, and that comments made during that meeting and a subsequent phone call he received concerned him. He said it appears a staff member has gone outside the city and commented regarding our problems and stated he will not abide that type of coercion. Bill Hall said he appreciates the comments and input from the Council regarding their concerns and agreed there is a problem in management and with directions which have been given in the Animal Control Department. He did note there have not been many Animal Control Officers terminated as indicated earlier, but there have been several people leave the department of their own volition. He reiterated there has been lots of turn over in the department, but not many terminations. Mr. Hall went on to say there have always been problems in that department and thought that when the department was move from the police department and into the new shelter the problems would be resolved. Going on, Mr. Hall said that we (the City) have one business and that is to serve the residents no matter what the department, and stated the problems in Animal Control have caused him great concern. Referencing a prepared memorandum to the Council, Mr. Hall said he believed the recent problems concerning Ms. Nancy Winters have been resolved, but noted that did bring about some questions, and that through investigation, some things came to light that were not known earlier. Mr. Hall advised a meeting was held with the employees at the shelter in which policies were stated and agreed to by those employees present. Continuing, Mr. Hall said that a few days later a letter was received from a shelter employee regarding problems with the supervisor that had not come up at the meeting and which concerned him. Mr. Hall noted that this employee was the one who had spoken to Ms. Winters and indicated she was only following the direction of her supervisor. Mr. Hall went on to state that most recently an Animal Control Officer was terminated for failing to follow a direct order, (that of serving the citizens first as agreed to in the meeting) only to find that employee had acted on directions from the supervisor. The Animal Control Officer filed an appeal upon his termination, and during the appeal process it was noted and substantiated that the officer had in fact contacted his supervisor and was following her orders. After further investigation into other matters within this department, Mr. Hall said it is apparent there was an unjustified dismissal of an employee and that the appeal will be upheld for re-instatement, effective tomorrow (August 10, 1993), going on to say he feels this employee was not supported by his supervisor. Mr. Hall said that he and Mr. van Til both agree that some restructuring is immediately necessary and will also be initiated tomorrow. Mr. Hall said he proposes to remove all supervisory responsibility from the supervisor, Sandra Long and to reinstate the terminated Animal Control Officer. He also said the shifts need to change and is recommending 8:00 a.m. to 5:00 p.m. Sunday through Thursday and 11:00 a.m. to 7:00 p.m. Friday and Saturday. Going on, Mr. Hall said that Ms. Long will continue to serve as the city's health inspector and will also assist with Certificate of Occupancy inspections, but will remain under the direct supervision of Mr. Bob van Til, however all animal control duties will be removed. Councilman Bogan said he has a problem with that. He agreed that Ronnie Howard (Animal Control Officer) was terminated unjustly, but noted also that Mr. Howard said he "004862 had written five (5) memorandums to Mr. van ril outlining problems in the department and nothing was done about them. Councilman Bogan said he believed Mr. van Til should not continue to be a supervisor. Mr. Hall suggested placing Animal Control under the supervision of the City Manager, noting it was once under Inspections, but feels that Tom Cravens has too many responsibilities already and to add another department would be too much. Councilman Bogan agreed and said it should not be under the City Manager, suggesting it could be placed back into the Police Department or perhaps in the Fire Department. Mayor Manning interjected that perhaps it would be good to put it back into Police. Councilman Bogan said this is a sensitive area and we need to have sensitive people from the top down. Bill Hall said the city was approached by the Humane Society and subsequently by the S.P.C.A. regarding taking over the operation of our Animal Control Department, noting that a proposal was received late today which he has not had time to closely review, however it appears that it would cost $30,000 more per year to go with the proposal than we are currently spending. Councilman Bogan said he is opposed to an outside agency operating the department, because he thinks the city needs to maintain good control and management. Councilman Dillard said the council needs to give direction on how they want the department to be operated, noting he is not sure the S.P.C.A. is the best way and that the most expedient method would probably be to place the department back into the Police Department, perhaps on a 120 day trial basis. Councilman Marks asked Councilman Bogan if he would be satisfied if the council directed the City Manager to correct the problems and if in 30 days he (the City manager) reported that all problems were corrected, even if Mr. van Til remained in charge. Councilman Bogan said although he would not be satisfied because although he believes Mr. van Til is a valuable employee, he does not feel Mr. van Til should be a supervisor. Councilman Marks continued, stating the City Manager is in charge and his job is on the line, going on to say the council should direct him to get it fixed. Councilman Marks also said that the council's control is with the City Manager, not other employees and if he can't get the problems fixed, then we (the council) need to get someone who can. Councilman Marks went on to say he thinks this approach was wrong. Councilman Dillard said the City Manager has given us several options and we need to decide which way to go. Bill Hall said the staff handles the day to day operations, but he needs direction and guidance from the Council. Councilman Pollard asked if the memorandums from Mr. Howard to Mr. van Til could be made available to the council. Mr. Hall advised that he is aware of only one memorandum. Mayor Manning said we need to be careful about getting copies of interoffice memorandums because it could be construed as interfering with operations. Councilman Pollard said he does not want to micro-manage the city, but that he thinks the memorandums and a copy of the appeal will give him insight into this issue, and went on to ask if a copy of the exit interview could also be made available. Councilman Agnew said he has spoken to the City Manager about his concerns and noted that he is not in favor of the City Manager supervising the Animal Control Department. He said placing it under the Police Department temporarily would be 4 satisfactory, and also expressed concern about an outside agency being brought in because they might not be as responsive to the citizens. Going on, Councilman Agnew suggested we check into a partnership between the agency and the city. Mr. Hall suggested a committee look into the feasibility of this issue. Councilman Marks said it will not be very effective to place the Animal Control Department into the Police Department temporarily, stating we need to come up with the best solution and direct the City Manager to carry it out. Mayor Manning said the City Manager should make the staff aware that the council does not appreciate input outside the chain of command. He also stated that it is inappropriate for the Council to use "bullying" tactics with the City Manager, noting that if there is a problem with the City Manager, councilmembers should call him (City Manager). Councilman Pollard said we are here to provide the citizens with services and we should all remember the citizens are at the top of the organizational chart for the city. He said sometimes it is hard, but all of us, at all levels, must remember that. Bob van Til reminded the council that staff cannot address a problem if they are not made aware the problem exists. With no further business to address, Mayor Manning adjourned the meeting at 8:11 p.m. APPROVED: William W. Manning, Mayor ~x~ ATTEST: Patti A. Hicks, CMC/AAE City Secretary [SEAL]