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HomeMy WebLinkAbout05/11/2009 City Council OOg i8~ May 11, 2009 Special MINUTES OF A SPECIAL SESSION OF COUNCIL HELD ON MAY 11, 2009 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 11th day of May 2009, at City Hall, 6800 Main Street, The Colony, Texas, with the following roll call: John Dillard Mayor Present Allen Harris Mayor Pro-Tem Present (arrived 7:02) John Marshall Councilmember Present Jeff Connelly Councilmember Present Kirk Mikulec Councilmember Present (arrived 7:04) Perry Schrag Councilmember Present Joel Marks Councilmember Present And with five council members present a quorum was established and the following items were addressed: 1. Call to Order. Mayor Dillard read the Executive Session items and convened the Executive Session at 7:02 p.m. 2. Executive Session A. Council shall convene into closed executive session pursuant to Section 551.074 of the TEXAS GOVERNMENT CODE regarding personnel matters to wit: City Manager evaluation. B. Council shall convene into closed executive session to seek legal advice from the City Attorney pursuant to Section 551.071(2) of the TEXAS GOVERNMENT CODE on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct requires to be confidential regarding the posted agenda. C. Council shall convene into closed executive session pursuant to Section 551.071 of the TEXAS GOVERNMENT CODE to consult with the city attorney to seek legal advice regarding pending litigation between John McDonald and Cheryl McDonald and the City of The Colony. A recess was taken from 8:24 p.m. until 8:45 p.m. 1 May 11, 2009 Special 3. Reconvened open session at 9:53 p.m. A. The City Council may take action on any matter related to the posted agenda items. All action to be considered, if any, will be after reconvening into open session. In regard to item 2.B. - Motion to affirm that the city manager is the sole and final authority to hear and decide employee appeals and grievances in accordance with the Home Rule Charter and the adopted ordinances of the City Council- Marshall; second by Harris; At this time Councilmember Schrag asked to make a comment. He stated the Charter wording may seem to conflict, but because Section 4 is submissive to Section 12, the determining language is in Section 12. He added that while he does not have a desire to hear appeals, he believes because of the language in Section 12 an employee has a right to an appeal. [See Exhibit A for reference.] Motion passed with all ayes except for Schrag and Marks who voted no. 4. Adjournment And with no further business to discuss the meeting was adjourned at 10:00 p.m. APPROVED: G e McCou Mayor City of Th Colony ATTEST: 11~ Christie Wilson, TRMC, CMC City Secretary 2 005786 May 11, 2009 Special EXHIBIT A Excerpts from City Charter Chapters 4 & 12 Sec. 4.03. Duties of the city manager. (1) See that all state laws and city ordinances are effectively enforced. (2) Appoint, suspend or remove all or any one of the directors of departments and employees, except as otherwise provided in this charter. (3) Attend all meetings of the council except when excused by council, and shall have the right to take part in the discussions. (4) Prepare the budget annually and submit it to the council and be responsible for its administration after its adoption. (5) Prepare and submit to the council at the end of the fiscal year a complete report on the finances and administrative activities of the city for the preceding year. (6) Keep the council advised of the financial condition and future needs of the city and make such recommendations as may seem to him advisable. (7) Make other such reports as the council may require concerning the operations of city departments, offices and agencies subject to his direction and supervision. (8) The city manager or his designated representative or representatives shall act as an educational liaison for the City of The Colony. (9) Perform such other duties as may be prescribed by this charter or required of him by the council, as consistent with this charter. Sec. 4.04. Administrative organization. (a) The administrative ordinance authority of the council shall not extend beyond the scope and limitations of this charter, the constitution and the laws of the State of Texas. (b) Unless otherwise specifically stated herein, all administrative agencies will be integrated under the city manager. Sec. 4.05. The merit principle and classified service. (a) The personnel system of the City of The Colony shall be an integrated system based on the principle of "best qualified". (b) It shall be the city manager's responsibility to initiate guidelines for personnel. Additionally, the city manager will prepare job descriptions for all city positions and requirements for securing these positions. It shall be the duty of the city manager to insure that the "best qualified" are hired and that proper actions are taken to terminate those employees who do not maintain high levels of service. Sec. 4.06. Residency requirement. The city manager and city secretary as may be prescribed by ordinance, shall be required to live within the city limits of The Colony. All persons hired for such positions shall be allowed one (1) year to comply with this provision. The city council may waive the residency requirement. 3 00SiB May 11, 2009 Special (Ord. No. 888, § 3(6), 6-5-1995, Election August 1995) Sec. 4.07. Appointments and removals. Neither the council nor any of its members shall in any manner dictate the appointment or removal of any city administrative officers or employees when the manager or any of his subordinates are empowered to appoint, but the council may express its views and fully and freely discuss with the manager anything pertaining to appointment and removal of such officers and employees, except as otherwise provided in this charter. Sec. 4.08. Interference with administration. Except for the purposes of inquiries and investigations as set forth in this charter, the council or its members shall deal with city officers and employees who are subject to the direction and supervision of the manager solely through the manager, and neither the council nor its members shall give orders to any such officer or employee, either publicly or privately, except as otherwise provided in this charter. Sec. 12.11. Appeals. The city council shall, by ordinance, establish procedures for appeal for all employees, appointed or salaried, for dismissal. Such appeals shall be through channels with the city council being the final authority. 4