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1993-10-28 CITY COUNCIL SPECIAL MEETING MINUTESMINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON OCTOBER 28, 1993, AT 7:30 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: D. A. Miller Benny Frank Randy Weber David Smith Paul Grohman Dick Gregg, III Pat Jones AUTHORIZATION FOR CITY ATTORNEY TO ENTER INTO AN AGREEMENT WITH AN INDEPENDENT INVESTIGATOR OF HIS CHOICE TO INQUIRE INTO POSSIBLE IMPROPER ACTIVITIES OF THE CITY MANAGER'S OFFICE, TO -WIT: 1. HANDLING OF COMPENSATORY PAY AS BROUGHT BEFORE COUNCIL BY A CITIZEN, I.E., PROCEDURE USED AND JUSTIFICATION OF AMOUNTS PAID. 2. INTERFERENCE BY CITY MANAGER OR OTHER CITY EMPLOYEES IN THE RECALL PROCESS, I.E., IMPROPER PARTICIPATION PRIOR, DURING, AND AFTER. 3. ABUSES OF CELLULAR PHONES AND PAGERS (USE AND ISSUE OF). 4. CONFLICT OF INTEREST REGARDING REAL ESTATE ACQUISITION. 5. INTERFERENCE WITH AGENDA ITEM PREPARATION PROCESS (CHANGING FROM ACTION ITEM TO NON -ACTION ITEM). 6. CITY EMPLOYEE SALARY ADJUSTMENTS BY CITY MANAGER WITHOUT COUNCIL APPROVAL. 7. THREATENING OF TWO CITY COUNCILMEMBERS BY CITY MANAGER. Mayor Coppinger read the following statement: I want to start this meeting by reminding Council that while the Charter denies the Mayor a vote, it does give him the opportunity, as presiding officer, to jawbone, to ask questions, to make replies, and occasionally to express an opinion. Tonight, before we move on this action item on the agenda, I have a few remarks to make. First, an apology to the citizens of this City for the state of affairs that has developed in this expensive controversy between three councilmembers and the city manager. I especially regret it because it is not based upon hard issues as much as a matter of personality conflicts and, even more so, a conflict over what is or what is not a proper and productive working relationship between Council and management, My opinion in this disagreement has been freely expressed so I'll not repeat it, but I will apologize to the public for a lack of ability, on my part, to keep the situation from deteriorating to the level that it has reached. I saw it brewing and I'm sorry that I did not have enough influence with these councilpeople to stop a head -long rush to this insane position in which we find ourselves. 156 But, we are here and the proposal on our agenda tonight is to add fuel to the flames, to prolong the agony, the expense, and the disgrace. Before proceeding to that agenda item, I want to inform Council that I have contacted the Governor's office, which I have the right to do, and have requested that the Texas Rangers, the investigative branch of our State government, be directed to come to Pearland and conduct a full-scale investigation of everything and everybody. Why limit an expensive - let us get a free investigation of Vic Coppinger, the Police Chief, D. A. Miller, and everybody else and tell the public, once and for all, what infractions have taken place and who has committed them. I have today made contact with a Mr. Doyian Bailey in the Criminal Justice Department of the Governor's office. He has referred me to Ranger Captain Maurice Cook from whom I'm awaiting reply. But let me also say that I am working through channels that assure me that I will get a positive response from the Governor on my request, so I recommend to the Council and to the citizens of Pearland that this course of action be endorsed. Paul Grohman did not cause this controversy by himself. Let's get the whole truth and let the chips fall where they may. If we take my recommended course, we won't waste another $100,000 of the taxpayers' money to perform this investigation." Mayor Coppinger recognized Councilmember Smith who moved that the Mayor be instructed to contact the Department of Public Safety to request that the Texas Rangers come in and make a full and complete investigation of all officials of all offices of the City of Pearland. They will get the issue settled once and for all and at no cost to the City of Pearland, Mr. Smith stated, concluding his motion. Mr. Smith offered the following additional comments, stating they were not part of his motion: I am of the opinion that a special investigator is going to cost the City somewhere between $15-25,000 and we can get this done by professionals for nothing. Mayor Coppinger stated he recommended Councilmember Smith's motion. Councilmember Weber stated that apparently Mayor Coppinger and Councilmember Smith had been in contact regarding this and, even though he had heard nothing about it, he would second the motion. Mayor Coppinger informed that Councilmember Smith had recommended this course of action to him and he had decided that this was the best course of action to follow. Councilmember Frank stated he had discussed the action he took under the advice of the City Attorney. Councilmember Weber asked Attorney Dick Gregg, III, who was present, if he was aware of this. Councilmember Frank stated he had not talked to Mr. Gregg, III, but rather to Mr. Gregg, Jr. Councilmember Smith asked that Police Chief Hogg be allowed to comment on this as he is the chief law enforcement officer of the City. Councilmember Frank began to make a statement and Mayor Coppinger stated that Councilmember Smith had the floor. Continuing his remarks, Mr. Smith reiterated his endorsement of the type of investigation to have, stating he didn't have anything to hide. Councilmember Frank stated he would like to go ahead and move the question. Mayor Coppinger stated he did not have to act on one request to move the question which was, in effect, a request to stop debate, 157 but if everyone was ready, he would move along. Councilmember Miller stated he didn't see where the motion made was on the agenda and asked that the record reflect that he felt it was totally improper. Proper channels were followed, Mr. Miller stated, to get this meeting called and to get this item on the agenda and now we are getting something that's not on the agenda and I think it's improper. Mayor Coppinger stated he differed with Councilmember Miller from the standpoint of this not being on the agenda because it was addressing the question that is on the agenda even though it does not agree with your approach. It is within my prerogative to suggest this approach, Mayor Coppinger said. Councilmember Colson stated she would also like the question called. Councilmember Weber asked for an opinion from Attorney Dick Gregg, III, about whether this item can be entered since there is a specific request on the agenda. Councilmember Frank stated that since he had moved the question, he would like an answer. Attorney Gregg stated that it appeared to him that particular motion was not on the agenda and quoted the wording on the agenda. Mayor Coppinger stated he guessed he would have to agree with Mr. Gregg and reread the agenda item. City Manager Grohman asked to make a statement. There was a discussion of whether there was a motion on the floor and Councilmember Frank noted the City Attorney had ruled it was not a legal motion and questioned the procedure to be followed. Councilmember Smith stated the only question was how to go about doing the agenda item. Councilmember Frank suggested calling that motion and there was concurrence among Council that the motion be called. Mayor Coppinger asked for a show of hands of those in favor of the motion made by Councilmember Smith. Voting "Aye" - Councilmember Smith. Voting "No" - Councilmembers Miller, Frank, and Colson. Motion failed 3 to 1, with Councilmember Weber abstaining. City Manager Grohman asked if he could make a statement. Councilmember Frank stated he would like for Councilmember Miller to be able to make his motion, finishing the agenda, at which time he would make a motion allowing Mr. Grohman to speak. Mayor Coppinger stated Councilmember Frank did not have to make a motion for him, Mayor Coppinger, to allow Mr. Grohman to speak and that he would eventually get to the agenda motion but that he was going to allow, as a courtesy, City Manager Grohman the opportunity to speak. City Manager Grohman made the following statement: "Thank you, sir, I appreciate that. I really thought this was going to turn into a kangaroo court. I look forward to a quick and thorough investigation of me, as well as any other officials of the City of Pearland. The allegations Councilmembers Frank and Miller have put on this agenda are simply ridiculous and meant specifically to harass and continue the turmoil that we have worked with the past five months, as well as to keep their names in the forefront of the news. I have tried to move this organization forward, despite numerous Charter violations and unnecessary interference with day to day operations by these same two Councilmembers. It is ironic that they would bring forth such frivolous allegations considering their continual disregard for the Charter, normal business procedures, and common decent courtesy. All of my records are in tact. I will present them to whomever they wish and that means whomever you want to investigate, any matters concerning my job or any other business dealings. When their investigation is over, we will all see that, again, they have used taxpayer dollars to satisfy their bruised egos and there is no substance to their claims or allegations. The only possible motivation appears to be retaliation because I had the courage and conviction to challenge them when they had gone beyond the authority granted them by the Charter. I am enthusiastic about our future here in Pearland and look forward to getting our train back on track and operating in a professional manner. I am appreciative of all the public support. There is a lot of nice people here and a lot of nice phone calls. This support demonstrates the general public's desire for better government and progress in our community. That was my prepared statement. I was unaware of the issue with the Rangers but simply, I would say one thing. I'll be investigated by anybody you wish. I can stand the scrutiny, but I would certainly say if there's a reservation on the part of the three in bringing a law enforcement agency in, there may be some smoke there, I would wonder why and I would simply challenge them, if you want a law enforcement agency come in, let's get them in here, let's see who did what, right, wrong, whatever, I've got the documents, let's see what you've got. I'll be glad for Mr. Gregg to choose someone. I'll be glad for whatever the Council wishes to do. I'm ready to go but the truth will come out.,, It was moved by Councilmember Miller that the City Attorney be authorized to enter into an agreement with an independent investigator of his choice, or he may conduct the investigation himself, if he finds time to do that or sees fit to do that, to inquire into possible improper activities of the City Manager's office to -wit: 1) the handling of compensation pay as brought before Council by a citizen of this City, regarding the procedure used and the justification for the amounts paid of the compensation pay package; 2) interference by the City Manager or other City employees in the recall process regarding the improper participation, prior, during, and after that process; 3) abuses of cellular phones and pagers, the use and the issue thereof; 4) conflict of interest regarding purchase and real estate acquisition in this City; 5) interference with agenda item participation process, changing items from action items to non -action items; 6) City employees salary adjustments by the City Manager without Council approval; and 7) the threatening of two City Councilmembers by the City Manager. Councilmember Miller stated he would like to have this investigation conducted by either an independent investigator of the City Attorney's choice or by the City Attorney and I would like to have that report back to this Council within thirty days. In looking at the calendar, thirty days would be the 27th of November. Our earliest meeting before that would be the 22nd of November and that could possibly be a date, but I will leave this up to Mr. Gregg, if the Council so chooses. The motion was seconded by Councilmember Frank. In discussion, Councilmember Weber stated he had not talked beforehand with Councilmembers Smith or Miller regarding their motions nor had he talked with City Attorney Dick Gregg. Councilmember Weber stated Councilmember Frank had indicated he had spoken with the City Attorney and Mr. Weber asked Mr. Frank if Mr. Gregg had said this was the appropriate manner to present this. Councilmember Frank responded that Mr. Gregg had recommended that he be allowed to do most of the investigation if Mr. Miller was agreeable. Councilmember Weber expressed the opinion that the City Attorney not be involved, as he is on Staff, and stated that he had reservations earlier in the meeting when it was suggested Chief Hogg be allowed to speak. Mr. Weber stated he would prefer politics be left out of it. La Mayor Coppinger asked for the Texas Rangers. There were several comments from the audience and Councilmember Frank asked that Councilmember Weber, who had the floor, be allowed to finish his comments. Councilmember Weber stated that, in order to comply with the wording of the posted agenda, as was suggested earlier, an independent investigator is not the City Attorney. City Manager Grohman interjected he was confident of the outcome and had no objection to using Mr. Gregg, even though the three of them had hired him without these three knowing him, so apparently there was some tie there. He and I have a good working relationship and he works for this Council. There's three votes down there that could actually take his job and I feel confident, so that's fine with me. Take anybody you want to. Councilmember Weber stated that he disagreed with Mr. Grohman and urged that Dick Gregg, Jr. not do the investigation because he appears to be a very competent attorney and I would rather he not be caught up in this political upheaval. Councilmember Frank stated he had asked Mr. Gregg the same question and he had said that because of the expense involved and in looking out for the City, he could probably do the majority of it without an investigator and if one was needed, he would hire one for the part needed. Mr. Gregg said, however, Mr. Frank reported, that it was immaterial to him how the Council wanted to do it. Councilmember Weber suggested the maker and seconder of the motion amend the motion to have an independent investigator hired. Councilmember Miller stated he would change the motion, if that was Councilmember Weber's desire, but he did not see his instruction as something Mr. Weber would vote for. Councilmember Weber stated he would vote in favor, as he felt, like Mr. Grohman, it was time to get all this on the table. Councilmember Miller stated that was why it was being considered tonight and that he had mentioned months ago that these things be cleared up because citizens had brought these things to the attention of the City and this has been part of the turmoil that got all this started to begin with and I, quite frankly, don't care how it comes out, I just want it done. Continuing his remarks, Mr. Miller stated the reason he interjected the City Attorney as the one to do the investigation was because he felt it would save money. City Manager Grohman stated he had not done anything wrong, but there had been other improper things done, not on his part, and a law enforcement agency was needed to look at them. Councilmember Miller amended his motion to remove the portion of having the City Attorney do the investigation but rather have an independent investigator of the City Attorney's choice. Councilmember Frank, the seconder of the motion, agreed to the amendment. Councilmember Smith asked Councilmember Miller to include all of us in the investigation. Councilmember Frank stated there was a motion on the floor and attempted to call the question. City Manager Grohman stated he could provide documents of improprieties and multiple Charter violations on behalf of members of this Council for at least three years prior to his coming to the City and would provide them to whomever. Mayor Coppinger stated he had not given up on the Rangers. Councilmember Frank called the question. Mayor Coppinger asked if there was any further discussion and Councilmember Smith stated he did not get an answer to his question. Councilmember Colson responded it was not on the agenda. Councilmember Frank responded if Councilmember Smith wanted to put that in the form of a motion and put it on a future agenda, the Council would consider it. Councilmember Smith stated he asked a question and thought he was entitled to an answer. Councilmember Frank stated he still called the question. Mayor Coppinger said he heard Councilmember Frank calling the question but Robert's Rules of Order states that calling the question is cutting off debate and it takes a majority to do that. I'll be glad to respond, Mr. Coppinger said, when it looks like we're ready to move on it. Councilmember Colson called the question. Mayor Coppinger asked for a show of hands if in favor of the motion. Voting "Aye" - Councilmembers Miller, Frank, Colson, and Weber. Voting "No" - Councilmember Smith. Motion passed 4 to 1. Mayor Coppinger announced he had today asked the City Secretary to post a special meeting for Monday night at 7:30 P. M. to ask the Council to set a date for the recall election. If Council does not move upon this, then the City Attorney will take it to the proper court and the court will set the date, Mr. Coppinger informed. The County Judge has decided, Mayor Coppinger advised, that he does not have the authority to act, upon guidance given to him from the District Attorney's office. ADJOURNMENT The meeting adjourned at 7:57 P. M. Minutes approved as submitted ATTEST: P Jones, GAty Secretary and/or corrected Y his da of A. D., 19 . 01 C. V. C6pp/n9ftr, Mafyor *Correction is noted on page 158 of the Minutes of this meeting with Council - member Frank verifying with City Manager Grohman that he had made the statement found at the top of page 158 regarding "interference with day to day operations by these same two councilmembers." Mr. Grohman affirmed he had made the state- ment.