2012-03-12 Regular City Council session

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2. Council liaison reports on Boards and Commissions 3. Boards, Commissions and Task Force minutes 4. Other Discussions/Business Mr. Kraft said they needed to address some ICMA issues. He said that it is the responsibility of the Council to make sure that the City Manager is able to do his job. Mr. Kraft said that ICMA has made allegations against the City Manager which he first became aware of on February 13, 2012. He said the Council should review the ICMA allegations, decide if they have any substance or merit or are interfering with the City Manager’s job performance, and lastly communicate Council’s decision to the public immediately after the meeting. Mr. Kraft said that this is a personnel matter and should be discussed in a closed session, but the decision would be made public shortly thereafter. Mr. Price said that he was not present at the last Executive Session meeting and asked if any other members of Council knew about the allegations and did not share the information, they it were in violation of Council Rules. He said that the Mayor had no more executive power than him. Mr. Price said that it is a conflict of interest if the City Attorney provided an opinion when he reports to the City Manager, for who the allegations are against. He said that the City Attorney is not an employee of the City, but an employee of the City Manager. Mr. Price said he did not understand how the Council could take a ruling from a subordinate of a person who was in conflict. Mr. Price said the State Auditor said the City’s contract was too generous in the separation agreement and if the contract was to be changed this is what needed to be changed. Mr. Price made a motion to rescind the vote for a new contract for the City Manager. The Mayor said that it is a legal matter and the appropriate place to make that motion was in Executive Session. Mr. Crow reiterated what Mr. Price said about rescinding the motion approving a new City Manager’s contract. He said that there were many concerned people and he does not understand why it cannot be done during the public session. Mr. Crow seconded the motion to rescind the vote for a new City Manager’s contract. The Mayor said that the motion was inappropriate. Ms. Ricci said that this was a personnel matter and should be done during Executive Session and then they could reconvene to an Regular open session to announce the decision made in the closed session. Mr. Crow said that the Executive Session was posted for legal not personnel. Mr. Kraft said for the record, he voted against the new contract but did not recall ever voting on a City Manager’s contract in a public, as the previous City Manager’s contract was done during an Executive Session. Mr. Kraft moved to postpone Mr. Price’s motion until Executive Session, and was seconded by Ms. Ricci. Mr. Price said he was unclear about what Mr. Crow said regarding the Executive Session that was posted as legal and not personnel and asked how they are to convene to take the action that was put forth. The Mayor said that is was posted for legal as it relates to the contract for employment of Mr. Lehman Walker. Mr. Glickert asked if the City Attorney could speak to Mr. Price’s issue. City Attorney Paul Martin said in regard to the posting of the agenda, the Council could choose to expand the motion to go in to a closed session that would include personnel. He said that the Council is not bound to what is on the agenda, as it is a tentative agenda and the Council may certainly expand the motion to go into closed session for Legal 610.021 (1) and Personnel 610.021 (3)(13). He said that it was a good idea to discuss it in a closed session but they could do what they would like to do. Attorney Martin 4