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1993-07-19 CITY COUNCIL SPECIAL MEETING MINUTES1 74 MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JULY 19, 1993, AT 7:00 P. M IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The meeting was called to order with the following present: Mayor C. V. Coppinger Mayor Pro Tem/Councilmember Joy Colson Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary PURPOSE OF THE MEETING: OTHER BUSINESS D. A. Miller Benny Frank Randy Weber (entered Chambers at 7:15 P.M.) David Smith Paul Grohman Lester Rorick Pat Jones MEETING RECESSED TO EXECUTIVE SESSION AT 7:04 P. M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 Mayor Coppinger read from the posted agenda the following topic to be discussed in Executive Session: UNDER SUBSECTION (g) PERSONNEL - Completion of City Council's evaluation of City Manager. MEETING RETURNED TO OPEN SESSION AT 11:12 P. M. Mayor Coppinger signed a certification of the item discussed in Executive Session. NEW BUSINESS REPORT AND RECOMMENDATIONS OF CITY COUNCIL AS A RESULT OF CITY MANAGER'S EVALUATION Councilmember Frank stated he had made a motion and asked City Attorney Rorick to read it. It was moved by Councilmember Frank, seconded by Councilmember Miller, to instruct the City Attorney to inquire into whether compensatory time payments for those employees determined to be exempt under the Fair Labor Standards Act were properly made and to report to the Council on the advisability of initiating litigation to recover overpayments, if any. Further, that the City Attorney be instructed to inquire into the City's liability, if any, for failure to pay certain compensatory time payments for similarly situated employees, that is those who were Fair Labor Standard Act exempt but not paid. Motion passed 5 to 0. Councilmember Smith stated Council has spent many hours in the evaluation process of the City Manager and hoped it was the consensus of the Council that we are pleased with the City Manager. Mayor Coppinger asked if this was simply a statement and Councilmember Smith said he would make this in the form of a motion. Councilmember Weber seconded the motion but asked for clarification. Councilmember Smith said he wanted to give the City Manager a vote of confidence. Councilmember Weber seconded this. Discussion ensued regarding the numeric totals of the evaluation which have yet to be completed and it was felt by some that the finalization of the evaluation would be done when these numbers were in. Councilmember Smith urged the point of the vote of confidence tonight with the rest of the evaluation and resulting action, such as a pay raise, coming later. Mayor Coppinger stated he had heard all discussions and stated he was offering his own vote of confidence, unofficially. Councilmember Miller stated he felt this was premature and would like to wait and see what it reflected on paper. The City Manager is still the City Manager but I would like to wait until the composite of all the numbers from the evaluation has been determined. City Manager Grohman suggested the numbers be tallied at this time so matters could be finished this evening. Councilmember Weber suggested the motion be withdrawn since there was question about obtaining the numbers. Councilmember Smith stated he was willing to do this. Councilmember Miller stated he felt the motion was a good idea but was poorly timed and needs to be next week or whenever we come up with the numbers. I think we had decided earlier in the evening that we weren't going to do anything definitive tonight, based on the way the agenda was established. We have done what we could do and we need to come back next Monday and put this thing to bed, Mr. Miller said. City Manager Grohman asked if they were asking for an action item and Councilmember Miller responded "whatever it takes." Councilmember Frank stated we were back to where two councilmembers had asked for an action item on the agenda and it was not on there. I would like to see this action item on the next agenda at the next Council meeting, Mr. Frank said. City Manager Grohman asked him to be specific. Councilmember Frank stated he didn't know what was specific but we are evaluating the city manager and I guess the purpose of the evaluation is to decide if we are going to keep him or we are going to fire him. I don't know how much more plain or specific to be. That's not what I wanted on the agenda and that's not what I asked for but I don't know how to be more specific, Mr. Frank stated. Mr. Grohman stated if that is an action item you are asking for then we can provide that. If that is not what you are considering but you are simply considering compensation, you can say consider setting the city manager's salary. You don't have to be so rash on the other end, Mr. Grohman stated. Mayor Coppinger suggested an action item for a vote of confidence either for or against the city manager on the next agenda and asked if this would be satisfactory. Councilmember Frank responded that since he didn't get a second he would have to withdraw his motion. Councilmember Miller stated we just keep beating around the bush and we need to decide if this man is going to be our city manager or not. That is simple enough and I'm not sure a vote of confidence decides that one way or another. Councilmember Smith stated it does. Councilmember Miller asked the City Attorney if, in a worst case scenario, the vote of confidence came out negative does that mean wo we have terminated the employment of our city manager. Councilmember Smith responded, "no" but it would give him some direction because if it were me, Mr. Smith said, I would start looking for another job. City Attorney Rorick commented on authority regarding general law cities where a vote of lack of confidence may be sufficient for dismissal but stated he could not comment without further research. Councilmember Miller stated the man is entitled to an answer. City Manager Grohman stated he wanted to go on record because it is his job being considered. If you really have, as a group, the question of consideration of my retention of my employment, you need to advertise as such and get it on the table. I can't believe this is a question for consideration and felt like, coming in, that I was going to be considered for some kind of raise, or something of that nature would be the resolution of this meeting. But if that is the question, put it on the agenda - it needs to be resolved, Mr. Grohman said. Councilmember Miller stated it may not be a question, based on the evaluation totals. Mr. Grohman suggested tabulating tonight, getting the answers and finishing tonight. If there is question about my employment, I need to know tonight to be fair to me. Councilmember Frank said I guess we still go back to the same thing that I said before, that somebody changed the agenda because we thought there was an action item tonight and the only thing I have asked for is that this body have a right to decide what they want on their agenda. We thought we told you the last time and that didn't happen. If you need that in the form of a motion, I will do this, Mr. Frank said, I don't know what else to do. I have not made my decision and will not until we finish the process of the evaluation, Mr. Frank said. I want this Council to decide if we are going to keep you as city manager or not and I don't know how else to do it unless we put it on the agenda that way. Mayor Coppinger said Mr. Grohman wants it that way and Mr. Grohman stated he was shocked but it's his livelihood, so let's put it on the agenda and have each one vote his conscience. Mayor Coppinger offered his support of Mr. Grohman. Councilmember Miller asked if they would still get the benefit of the evaluations and it was decided Councilmember Weber will help Mayor Coppinger tabulate the evaluation totals. Councilmembers Frank and Miller clarified what would be on the next agenda, "retention or dismissal of the city manager," and Mayor Coppinger affirmed this. Councilmember Miller stated this gives credence to what we have done tonight, without our knowing what is on the evaluation papers. City Manager Grohman asked to go on record, saying it is embarrassing to him to have the question called. Councilmember Miller suggested tallying the evaluation scores now if this would be less embarrassing. Some agreed to do this. Councilmember Colson indicated she had not finished hers yet. Councilmember Frank said we have already made the decision not to do this tonight and now we are changing this. I am ready to go home, he concluded. Councilmember Miller agreed to do this next week and Councilmember Frank closed the remarks by saying that at this meeting each councilmember will have to vote his conscience, that he, personally, had not made a decision, and the numbers will help in the decision process. ADJOURNMENT The meeting adjourned at 11:29 P. M. Mi tes approved as submitted and/or corrected this?3 day of A. D., 1993. sZ�-- C. V. Coppi e , Mayo ATTEST: Pa Jones, ty Secretary 77