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Home My WebLink Aboutmin 04-25-84 sm (2)474 MINUTES CITY COUNCIL OF THE CITY OF UKIAH SPECIAL MEETING APRIL 25, 1984 The City Council convened in special session at 5:35 p.m. in the City Council Chambers to discuss Requirements of City Manager Termination. Roll was taken and the following Councilmembers were present: Feibusch, Dickens, Hickey, Myers and Mayor Kelley. Staff present: Payne, Rapport, Anderson, Brosig, Frame, Goforth, Harris, Inman, Mitchell, Onomiya, Pearson, Pedroncelli, Robinson, Roper, Schlienger, Yarbrough, Stamelos and McAfee. Mayor Kelley reported the City Attorney had advised Council to go into closed session for personnel attorney/client consultation prior to opening the meeting. The City Manager stated if the closed session was for discussion of his evaluation, he is requesting it be open to the public. Mayor Kelley said it is not to discuss the City Manager's evaluation. The City Attorney responded by stating it is to discuss the procedures the Council is to follow in this action and to answer any legal questions the Council may have pertaining to this matter. Councilmember Feibusch stated he would prefer to discuss the matter in an open meeting because the public is entitled to know what is going on. After discussion it was determined to be the will of the Council to continue the matter in open session. The City Attorney reported at the April 18, 1984, Council meeting the City Council voted to give the City Manager, D. Kent Payne notice of his termination as City Manager, in accordance with his contract. He explained under the Ukiah Municipal Code, section 128 the City Manager cannot be removed from office within a ninety day (90) period succeeding any general municipal election; thus, in the opinion of the City Attorney, the action taken at the meeting of April 18, 1984, was in excess of the Council's authority. He explained in order to complete the required procedures prior to the June 5, 1984, general municipal election and thus avoid the limitations of the Ukiah Municipal Code, section 128 the Council must take the following actions: At this April 25, 1984, Special Meeting pass a motion to: a. Indicating the Council's intent to remove the City Manager from office; b. Setting an effective date for the removal sufficient to permit preparation and delivery of a written notice thirty (30) days prior to the effective removal date; Setting a date to hold a hearing, if requested, and/or to adopt a resolution removing the City Manager from office; d. Indicating the reasons for the removal; and e. Directing the appropriate City official to prepare and deliver to the City Manager a notice containing the required information. The City Attorney also reported that at the scheduled date in addition to adopting a resolution removing the City Manager, the Council should also authorize cash payment of the equivalent of three (3) month's salary to the City Manager. Special Meeting April 25, 1984 Page 1 475 Councilmember Feibusch stated it is no secret that he had worked for the termination of the City Manager's contract. That he had circulated a petition to reduce the wages of the City Manager as he felt no administrator would take a cut in wages and stay. He explained he had been taken totally by surprise at the April 18th meeting when a motion was made and seconded to remove the City Manager, and he felt due to his being on record for the removal of the City Manager he had no choice but to vote in favor of the motion. Councilmember Feibusch explained new complications have entered that have never been researched and it is regrettable that this action was taken without the consultation of the City Attorney. He stated the City is facing a very critical time in the year with budget preparations and the dozens of items the City Manager is negotiating. He feels to cut off the City Manager cold turkey and bring in someone new to start from scratch, on a temporary basis, he just cannot go for. Councilmember Dickens reported she would not of made this decision if she had not spent a lot of months trying to deal with the situation the way it was. She explained in trying to come to a decision and to clarify options, she had called the League of California Cities and there are a number of options a City may take when this happens. She went on the explain these options. Councilmember Hickey reported, in his opinion, the Council did not do its homework, both in deciding what goals it wanted to have and in clarifying them to the City Manager. He stated he is not aware of anything that is of sufficient magnitude to warrant discharging the City Manager. He stated the Council, as politicians, can go out and promise the moon and then it's the City Manager's job to tell the people they can't have the moon, and naturally there is going to be some dissatisfaction. Councilmember Myers reported this is a crucial period of time for the City with the budget preparations, the Mendocino Hydro Electric project, and the negotiations for the Yokayo site for a possible new City Hall. He stated it is his feelings it would be fiscally irresponsible for the Council to buy out the contract for the City Manager. He indicated concern regarding future recruitment for a City Manager in this City, as this type of notoriety the City of Ukiah does not need. He stated he feels the Council should put their individual differences behind them and work in the best interest of the people of the City of Ukiah. Mayor Kelley reported he had given this a great deal of thought and that he looked at it from the perspective of private industry in that when a board of directors removes a manager from a corporation, for what ever reason, that corporation continues to function. He stated the budget and Lake Mendocino project are legitimate concerns expressed by Council, but the department heads of this City are well skilled and capable of working with each other to see that these jobs are done. Councilmember Feibusch explained he is continuously being asked what the charges are against the City Manager, and it needs to be made public that the City Manager did not commit a crime. Mayor Kelley reported that no charges were even suggested, in any way shape or form, against the City Manager and if anything he was praised for his abilities to work for City government. The City Manager reported people have asked him what happened and he does not have an answer for them. He stated if Councilmember Feibusch was surprised, Councilmember Charlie Myers and Vice Mayor Hickey did not know the motives of the two other Councilmembers, the City Attorney was not advised and was shocked, and the Council had not talked to him, how can he answer the peoples questions. He indicated the people would have to ask the Council for an answer. Mayor Kelley stated he had responded in the newspaper about the series of reviews that had occurred and the results was a loss of confidence in the City Manager on the Mayor's part. Special Meeting April 25, 1984 Page 2 476 M/S: Dickens/with no second, specified the City Attorney to give thirty (30) days notice to terminate the City Manager's contract. David Strong stated thai since this is a public meeting and since the citizens of the community were present, it is his feelings it would be to the advantage of the Council to listen to how the citizens feel about the way, and the reasons why, Kent Payne was dismissed. He stated in the short time he had worked as a department head under the City Manager he had found him to be fair, honest and hard working and he had never heard anything unfavorable about Kent Payne. He also stated, in his opinion, this action is an attempt on the part of the Mayor to further his political career and use Kent Payne as a scapegoat, and he doesn't like it. The City Attorney clarified the motion by explaining Council must indicate the reasons for the termination in the motion. It was determined the motion was incomplete; therefore, causing it to be void. Councilmember Dickens stated, in her opinion, there is no need for a legal hearing because a legal hearing is needed only when the Council has damaged the City Manager ethically or in some other way and it is not the Council's intent to do that. She stated it is the Council's intent to relieve the City Manager of his duties because, in her opinion, he has not met the expectations of his job. Councilmember Hickey stated that action such as this is very damaging to a reputation and a career. The Fire Chief requested the meeting be moved because the City Council Chambers was filled beyond its 49 person capacity. Mayor Kelley recessed the meeting at 6:14 p.m. to be moved to the Saturday Afternoon Club. Reconvened at the Saturday Afternoon Club at 6:25 p.m. at which time the following action was taken. M/S: Dickens/Mayor Kelley indicating the Council's intent to remove the City Manager from office; setting June 1, 1984, to be the effective removal date; setting May 16, 1984, to hold the public hearing, if requested, or to adopt the resolution removing the City Manager from office; indicating the reason "loss of confidence in the City Manager to perform his duties"; and, directing the City Attorney to prepare and deliver to the City Manager a notice containing the required information. Councilmember Myers expressed strong feelings about this action and asked the Council not to be in favor of this motion. He stated it is in the best interest of the City, the Council and for Kent Payne that this motion not be passed. Mayor Kelley stated that, in his opinion, the majority of the Council, for what ever reasons, had lost confidence in the City Manager. He also stated that because of the hostilities that have manifested through other staff members he feels it is in the best interest of the City to expedite this action. Councilmember Feibusch stated he feels the Council should have the future of the City of Ukiah in mind, and he feels this action is extremely hasty and would be very detrimental to the Council as well as the City of Ukiah. The motion was defeated by the following roll call vote: AYES: Councilmember Dickens and Mayor Kelley. NOES: Councilmembers Feibusch, Hickey and Myers. ABSENT: None The City Attorney clarified the action by stating the original motion and subsequent vote made at the April 18, 1984 meeting was void. Special Meeting April 25, 1984 Page 3 477 Mayor Kelley stated that hopefully the Council and staff can all work together to achieve the goals and directions of the City. He also stated that he thinks the citizens will find that Council and staff will all be working together in better harmony. The meeting was adjourned at 6:36 p.m. Faye McAfee Recording Secretary Special Meeting April 25, 1984 Page 4