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1994-04-20 CITY COUNCIL SPECIAL MEETING MINUTESMINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON APRIL 20, 1994, AT 6:00 P. M. IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. The meeting was called to order at 6:25 p. m. with the following present: Mayor Councilmember Councilmember Councilmember City Manager City Attorney Asst. City Secretary C. V. Coppinger D. A. Miller Randy Weber David Smith Paul Grohman Dick Gregg, Jr. Tommie Jean Vial Absent from the meeting: Councilmembers Joy Colson and Benny Frank and City Secretary Pat Jones. Others present: Division Directors Richard Burdine and Glen Erwin, Chief of Police Mike Hogg, and City Engineer John Hargrove. PURPOSE OF THE MEETING: 1. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE. Section 551.071 - Private consultation with the Attorney(s) for the City to seek legal advice regarding threatened and contemplated litigation by Paul Grohman, including but not limited to the possibility of discussions of settlement in Executive Session with Paul Grohman and/or his Attorney(s), pursuant to Section 551.071 of the government code, Subsection (1) (A) and (1) (B)• Section 551.074 - Deliberation of the continued employment and/or dismissal of Paul Grohman, City Manager, pursuant to Section 551.074 of the Government Code, Subsection (a) (1) and (a) (2), including but not limited to the possibility of discussions of settlement with Paul Grohman and/or his attorney(s) in Executive Session, unless Paul Grohman requests a public hearing of the deliberations under Subsection (b). 2. RETURN TO OPEN SESSION. 3. CONSIDERATION AND POSSIBLE ACTION - COUNCIL DECISION ON CONTINUED EMPLOYMENT AND/OR DISMISSAL OF CITY MANAGER PAUL GROHMAN. City Attorney Dick Gregg advised the basis for going into Executive Session tonight would be to go under 551.071, private consultation with the attorney(s). MEETING RECESSED TO EXECUTIVE SESSION AT 6:26 P. M. RETURNED TO OPEN SESSION AT 6:37 P. M. Councilmember Weber distributed copies of a prepared statement to members of Council and several copies to the audience (COPY ATTACHED TO THESE MINUTES). Councilmember Weber stated it was his recommendation tonight to go ahead and put this process of voting on Paul Grohman's job on hold. Interrupting audience applause, Mr. Weber said they might want to find out for how long shortly. He said he was going to recommend to the other three Councilmembers, with Councilmember Miller's concurrence, that they wait until after the election. He said he wanted the audience to have this document, to know what was going 41 on. Continuing he said on March 31, 1994, the District Attorney released investigations. Councilmember Weber read from his prepared chronological report, citing dates, names and events. On page three, item 10 of this report, Councilmember Weber stated that on September 13, 1993, at 10:45 a. m., the City Manager tells Chief Hogg of affidavits by City employees Tumlinson, Ferguson and Caulk. Mr. Weber said he had copies of the affidavits and that everyone would be welcome to a copy. Continuing, Councilmember Weber said the affidavits basically state they overheard Benny Frank in Kelly's Restaurant state that "when they fire the City Manager, certain things would happen." City Manager Paul Grohman interrupted saying that they did not overhear this, but that Councilmember Frank told them directly. At this point, Councilmember Weber asked City Attorney Dick Gregg if a City Councilmember has the right in public to say, "when we fire the Manager or when we fire the Attorney or when we get the Mayor recalled, or do any of those things, does he have those rights?" Mr. Gregg said there is a difference between an investigation and an opinion and the fact that someone expresses his opinion in public is not an investigation by itself. Upon a question of whether it was ethical conduct by a City official or not, Mr. Gregg said it wasn't up to him to judge whether it was ethical or not, but to judge whether it was legal or not. Continuing with his report, Councilmember Weber brought up item 16, dated October 5, 1993 where Chief Hogg takes ammunition from Councilmember Miller at the Alvin Community College firing range. Chief Hogg stopped Mr. Weber and informed this was a pending case and suggested that this not be discussed in public. City Attorney Dick Gregg advised that if this is true then Councilmember Weber should not discuss this matter any further. Chief Hogg also raised an objection on the disclosing of City employees' names and affidavits, even though the District Attorney has ruled that they can be released. He said he believes they are protected under the Informant's Statute. Councilmember Weber, continuing to read from his report, said some of these documents didn't have any bearing but were all in the District Attorney's files so he felt compelled to list and date them as to what had been carried there and investigated. At this point, Councilmember Smith inquired if this is Councilmember Weber's investigation of what came out of the District Attorney's office. Mr. Weber replied no, that he had already talked to the City Attorney and that he, meaning Mr. Weber, had reviewed this document with Mr. Gregg. Mr. Gregg interrupted saying he had recommended to Mr. Weber that he not read it, not because he thought it wasn't legal, but for the same reason he told the Mayor not to make his comments. Councilmember Weber said the reason he was bringing this out was because many people had been wanting facts and that several things have become apparent to him. He said that after the Police Pay Plan, not the original one proposed by Chief Hogg, was passed by Council on December 14, 1992, that seven affidavits were gathered against Council and a Councilmember's husband within a three day period. Upon a question from the audience as to why this was so, Chief Hogg asked for permission to explain. Chief Hogg said some of the things Councilmember Weber was bringing up tonight were correct but some were a little twisted. Chief Hogg stated, as to the pay raise issue, that Councilmember Smith was authorized by Council to talk to the City Manager and Police Chief and report �— back to Council, but was not authorized to talk to the police officers, which he did, about them not getting a raise. This resulted in some police officers perceiving that illegal meetings had occurred. Continuing, Chief Hogg said he is obligated, under the law, when he receives any reports, which he believes is in violation of the Penal Code, to record and report same no matter who the person is, be it his police officers, Councilmembers, City Manager, or whomever. He said he not only reported to the District Attorney the matter regarding Councilmember Smith but also reported to that office every alleged illegal act that had been reported to him. Councilmember Weber continued to read from his report and acknowledged that the Mayor, due to his illness, need not be at the meeting too much longer. He asked if the audience wanted him to continue, whereby they indicated for him to continue. Councilmember Weber stated that on January 21, 1993, Tom Selleck tells Chief Hogg that he would handle the investigation and then on April 5, 1993 Bill Colson tells Bob Cuna the City Manager's days are numbered, which shows that early April it was apparent Bill Colson knew that perhaps his wife wasn't happy with the City Manager. City Manager Grohman corrected Mr. Weber saying that the affidavit itself involved Councilmember D. A. Miller speaking at a school to an employee saying that the City Manager's days were numbered and did not come from Councilmember Colson. Councilmember Weber acknowledged that perhaps he did not pick up on this correctly. Continuing, Mr. Weber stated on April 26, 1993, Council questioned, in Executive Session, why a male was hired to replace a female employee and received more salary. City Manager Grohman explained this was correct, that he had previously explained this to Mr. Weber, that the male hired was doing a totally different job than the female employee he replaced. Mr. Grohman said the male employee was over two areas of the Police Department and not one, and further, in the same Executive Session, a question was posed as to why Councilmember Frank's wife didn't have a car or cellular phone. Specifically, he said, Councilmember Colson stated that the City Manager treated the female department heads differently. Continuing, Mr. Grohman said the female department heads are assigned to an office where the male department heads are assigned to the field. Councilmember Weber, continuing his report, stated on June 15, 1993, the City Manager tells Chief Hogg that Weber, Miller and Colson were going to fire the Chief. Mr. Grohman asked to clarify this, saying he did tell Chief Hogg of this because Councilmember Benny Frank had told him, meaning Mr. Grohman, that. Also, Mr. Grohman stated there were numerous discussions with Councilmember Colson who said that Hogg had to go. Councilmember Weber said he wasn't part of that. Councilmember Weber stated that on July 20, 1993, Mr. Grohman had made a statement that he was surprised to get a poor evaluation from three Councilmembers when he really thought he was going to get a raise. Mr. Weber said if Mr. Grohman thought he was being retaliated against for whistle blowing, why did he expect a raise? Skipping over to page seven of his report, Councilmember Weber reminded of the affidavit, sworn out by Councilmember Smith, regarding Weber and Benny at a bar. He said it makes him wonder why things like this go on about good people. He said a lot of things have not been brought out, due to the whistle -blowing threat, and that is the reason for his chronological report. He said he has all the documents and that he would stay around tonight long enough for any one desiring copies. City Manager Grohman said he would like to respond to Councilmember Weber's previous question on why Mr. Grohman thought he was being retaliated against when he didn't get a raise. Mr. Grohman said 157 employees got a cost -of -living raise and that he was the only employee who didn't, and that this sounded like retaliation to him. He said he has had the opportunity to sue the City since well over a year ago and has tried not to do it. He is happy here, his family is happy here until the recent turmoil, but that he has butted heads when Councilmembers continue having contact with employees under his authority, which is clearly a violation of the City Charter. Responding to this, Councilmember Weber said it was poor management style, but not illegal in his opinion. Mr. Weber said that Mr. Gregg has ruled that Councilmembers can make those kinds of comments. Mr. Gregg interrupted saying he did rule that Councilmembers have to go through the City Manager but were not prohibited from talking to City employees but they could not make inquiries from City employees. City Manager Grohman commented that many of these contacts were inquiries, and wanted to point out when any one is financially hurt, or rewarded, because of Charter violations, then it possibly could become criminal misconduct. Getting back to the June 20, 1993 affidavit, Councilmember Weber said that upon his request, by fax, to Chief Hogg for a copy of it, he was told by the Chief, by letter, that it wasn't part of the open records. He asked the Chief if that wasn't right and was that the same affidavit. Chief Hogg responded that it was and that the District Attorney should not have released it to Mr. Weber. Chief Hogg stated he had answered Mr. Weber's request on a personal piece of paper that was not City letterhead; however, he said when Mr. Weber faxed his request to him that he did it as Councilmember Randy Weber. Section 3.07(p) of the Charter says a Councilmember cannot conduct investigations on his/her own. When Mr. Weber submitted his request to the Chief and one to Jim Schleider, Superintendent of Schools, it was submitted on Councilmember Weber's letterhead; therefore, he was doing it in the capacity of a Councilmember. Councilmember Smith asked the Mayor to be recognized and read Section 3.07(p) of the Charter, as follows: "All powers of this Charter shall be vested in the City Council. The Council shall conduct all business in official meetings held and called pursuant to the provisions of the Charter and applicable laws of the State of Texas. No individual member of the City Council shall have any power to act, investigate, make appoint- ments or inquire into the conduct of any office, department or agency of the City without the specific authorization of the City Council in an official meeting." Continuing, Mr. Smith brought up the April 26, 1993, item of Councilmember Weber's report, which lists an item discussed in Executive Session and wanted to know when this was public record. Councilmember Weber said if the District Attorney released it, it is public record. Councilmember Weber stated all he was trying to do is to give everyone as much information and not trying to hide anything and continued reading from his report, page nine, item no. 1, reiterating his reasons for displeasure with the City Manager. The City Manager asked for an opportunity to respond to the seven items listed and did so. (COMPLETE TAPE ON FILE IN THE CITY SECRETARY'S OFFICE). In regard to item no. 3, concerning firing the Police Chief, Mayor Coppinger stated that this problem had started originally in the Police Department and ultimately spilled over to City Hall which has resulted in the pettiness and distrust that has occurred. He said he knew from previous Executive Sessions this would happen and was sorry that it couldn't have been headed off. He said he didn't want pettiness to tear up a good team. Chief Hogg is an excellent Police Chief and that City Manager Paul Grohman is what our community has needed for a long time. Continuing, Mayor Coppinger said the City does need to look into the matter of adopting the Model Charter. Ending his report, Councilmember Weber stated he was going to recommend they not fire the City Manager tonight, but to recommend they go back and enter into Executive Session and enter into ernest discussions with Paul Grohman and his attorneys about not firing him and what they would like for him to change in order for him to keep his job. Continuing, Councilmember Weber said he was going to further recommend placing in Mr. Grohman's personnel file all the complaints and reprimands that are listed in his report (which is attached). Councilmember Smith asked to make a statement, saying that he was the one who recommended bringing in the Texas Rangers to make a complete investigation, and the one who said for all the Council to resign and for the people to bring in a new crew, if that is what is needed, and the one who said if we have an investigation, do it according to the Charter and not one-on-one. He said he was M14 available, or would make himself available, if anyone needed to ask him any questions about what the truth is. Mayor Coppinger thanked Councilmember Weber for his report and for bringing us past a point of a lawsuit, which could have been extremely disruptive and expensive for the City. He said Mr. Grohman had a very loyal and excellent staff and many plans are out with the Highway Dept., the Forestry Dept., and Brazoria County, and that this City Council should not make any more rules or regulations pertaining to Mr. Grohman's continued employment. City Manager Grohman stated all he wants for the Council to do is go by the Charter and the law and that he is here to serve the citizens and abide by the law and for us to get on with making this City great. Mr. Grohman asked Councilmember Weber if he, meaning Mr. Grohman, was to assume there would be no more of these sessions between now and the election, to which Mr. Weber replied, yes, that was correct. A question was posed from the audience to Councilmember Weber that at the beginning of the meeting Mr. Weber said he was going to make a motion they not fire the City Manager and wanted to know if that was correct. Councilmember Weber said he thought he said something to the effect that he was going to recommend they not fire him. Mr. Weber also said they really couldn't and he knew everyone should recognize that. In conclusion, Councilmember Weber said he sincerely hoped everyone, from the City Manager, Mayor, himself, Councilmembers, and citizens, have all learned a lesson from this, and hoped there will be more respect in the Council Chambers, and to get on with the business of what we should be about. ADJOURNMENT Meeting adjourned at 8:15 P. M. Minutes approved as submitted and/or corrected this day of r , A. D., 1994. C. V. Co p'nger, May ATTEST: David Smith, Mayor Pro Tem Pat Jones, ity Secretary, TRMC