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HomeMy WebLinkAbout1984-01-30 Special MinutesCALL TO ORDER January 30, 1984 Tukwila City Hall 5:00 P.M. Council Chambers Special Meeting COUNCIL MEMBERS PRESENT 5:25 p.m. TUKWILA CITY COUNCIL M I N U T E S Mayor Van Dusen called the Special Meeting of the Tukwila City Council to order. He noted that the meeting was called to consider an employment contract and confirm an appointment to the position of City Administrator. He said he is recom- mending that Don Morrison from Whitefish, Montana be appointed to the position. LIONEL C. BOHRER, DORIS E. PHELPS, Council President, EDGAR D. BAUCH, CHARLIE E. SIMPSON. OTHERS ELANOR MCLESTER and CRIS CRUMBAUGH, Selection Committee; JOHN WALLACE, Attorney; MAXINE ANDERSON, City Clerk. Tom Waldron, Consultant, made a field investigation to Whitefish, Montana, and he was present to give a confidential report to Council. MOVED BY PHELPS, SECONDED BY BAUCH THAT COUNCIL ADJOURN TO EXECUTIVE SESSION TO DISCUSS THIS PERSONNEL MATTER.* MOVED BY BAUCH, SECONDED BY BOHRER, THAT THE MOTION BE AMENDED TO INCLUDE ELANOR MCLESTER AND CRIS CRUMBAUGH, MEMBERS OF THE SELECTION TEAM, IN THE EXECUTIVE SESSION. MOTION CARRIED. *MOTION CARRIED. Mayor Van Dusen called the Special Meeting back to order. Council Member Morgan arrived at the meeting. Mayor Van Dusen said that he recommended that Don Morrison be appointed to the position of City Administrator. Mr. Morrison is recommended by the Selection Committee and by the Department Heads. MOVED BY PHELPS, SECONDED BY MORGAN, THAT THE CITY COUNCIL CONCUR WITH THE MAYOR'S APPOINTMENT OF DON MORRISON FOR CITY ADMINISTRATOR FOR THE CITY OF TUKWILA.* Elanor McLester of the Selection Committee, said that she was looking for a City Administrator that would come into the City and give it some balance, some structure, be a good administrative head for the employees, and carry out the directions of the Mayor. She said she found Mr. Morrison to be honest, open, articulate and truthful. He typifies the kind of person who will come into the City, do a good job, not create antagonism, nor animosity, instill discipline in areas that need it, and will be an asset to the City. Council President Phelps said the review process was a posi- tive one and was a pleasure to go through. MOTION CARRIED UNANIMOUSLY. Mayor Van Dusen introduced the proposed contract. Councilman Bauch explained that the contract goes for two years, but there is no mention about the 90 day guarantee after the two years. This gives special privilege to a city employee that the present employees do not have. He suggested that the contract include a clause that says after two years, he is treated as a regular city employee. He asked what happens if the employee breaks a law and is convicted, does the City have to pay him for 90 days? TUKWILA CITY COUNCIL, SPECIAL MEETING January 30, 1984 Page 2 Appointment of City Administrator MOVED BY BAUCH, SECONDED BY PHELPS, THAT THE CONTRACT BE AMENDED TO INCLUDE LANGUAGE FOR AFTER THE TERMINATION OF THE CONTRACT AND LANGAUGE TO COVER CONVICTION OF A CITY, STATE OR FEDERAL CRIME.* Attorney Wallace said the contract governs the City's rela- tions with him as long as he is an employee of the City. Consideration was given to extending the 30 day notification period after the second year to 90 days. Mrs. McLester said that if an employee wants to quit, you are far better to let him go than to force him to stay for 90 days. Mayor Van Dusen said that Mr. Morrison will start with the City on February 27. Councilman Bohrer clarified the motion -the first part is to make the contract applicable only for a two year period; the second part concerned conviction of a crime. MOVED BY BOHRER, SECONDED BY MORGAN, TO AMEND THE MOTION ON THE FLOOR TO DELETE THE FIRST PORTION AND LET THE CONTRACT CONTINUE FOR THE TERM OF EMPLOYMENT. ROLL CALL VOTE: BOHRER YES PHELPS NO BAUCH NO MORGAN YES SIMPSON NO *MOTION FAILED. (MOTION RECONSIDERED BELOW AND CARRIED ON SECOND VOTE.) Councilman Bohrer said that the City needs some of the provi- sions that are in here explicitly called out for this person who will occupy a very responsible position in the City. We need the protection of saying that he will, at least, give us notice of something before he leaves the City. I don't believe our current personnel policies are going to commit a Department Head or anyone else to do that for us if it is left to them, as a matter of their own personal choice, whether they choose to do that. When we have discussed posi- tions of this type in the past with people who hold City Administrator or City Manager postions, they have unanimously said they feel such contracts and provisions are to the bene- fit of both parties particularly the termination conditions here are explicitly spelled out, would continue to apply and go a long way to alleviate a situation in the future where this position might become a political football with the Council and Mayor in dispute. The man goes out the door and then decides he has grounds for recovery of some of his expenses from the City. This particular agreement spells out the termination procedures and safeguards the City from that potential problem. Having the contract continue beyond the two year life is a very beneficial one for the City. These are my reaons for moving to delete the amendment. MOVED BY PHELPS, SECONDED BY BOHRER, TO RECONSIDER THE AMENDMENT THAT MR. BOHRER OFFERED EARLIER. MOTION CARRIED: 3 YES (Bohrer, Phelps, Morgan); 2 NO (Bauch, Simpson) *MOTION CARRIED 3 YES, BOHRER, PHELPS, MORGAN; 2 NO, BAUCH, SIMPSON. *MOTION CARRIED ON ORIGINAL MOTION AS AMENDED. MOVED BY BOHRER, SECONDED BY PHELPS, THAT THE CONTRACT BE AMENDED BY DELETING THE WORDS "NEWLY CREATED" ON PAGE ONE IN THE FIRST "WHEREAS." MOTION CARRIED. 4/©i TUKWILA CITY COUNCIL, SPECIAL MEETING January 30, 1984 Page 3 City Administrator Appointment ADJOURNMENT 6:40 p.m. MOVED BY BOHRER, SECONDED BY PHELPS, THAT THE CONTRACT BE AMENDED BY ADDING THE WORDS "BY ORDINANCE AND" ON PAGE ONE, SECTION TWO, LINE THREE, AFTER THE WORD FORTH. MOTION CARRIED. Attorney Wallace worded a paragraph to correspond with Councilman Bauch's motion as follows: If employee is charged with and convicted of a gross misdemeanor and /or a felony, he may be terminated without notice and without further benefits or compen- sation. In such an event the Mayor may suspend the employee without pay and benefits until a final disposi- tion of the charges has occurred. If employee is con- victed no pay or benefits shall be owing. Notwithstand- ing the foregoing, nothing shall prevent nor prohibit the City from terminating the employee without cause and employee further acknowledges that he is an "at will" employee. MOVED BY BAUCH, SECONDED BY MORGAN, THAT THE ATTORNEY'S STATEMENT BE INCORPORATED IN THE CONTRACT AS ITEM 7,A,3. MOTION CARRIED. Mayor Van Dusen clarified that the notice time in the contract is 90 days for the first two years and 30 days for the term of employment. MOVED BY PHELPS, SECONDED BY MORGAN, THAT COUNCIL AUTHORIZE THE MAYOR TO ENTER INTO AN AGREEMENT WITH DON MORRISON FOR EMPLOYMENT AS CITY ADMINISTRATOR.* MOVED BY PHELPS, SECONDED BY BOHRER, THAT THE MOTION BE AMENDED TO MAKE THE MOVING EXPENSES ON PAGE 4 READ "NOT EXCEEDING $4,000." MOTION CARRIED. *MOTION CARRIED ON ORIGINAL MOTION AS AMENDED. MOVED BY PHELPS, SECONDED BY BOHRER, THAT THE SPECIAL MEETING OF THE TUKWILA CITY COUNCI`; D)UR 118TioN CARRIED. Nf Dusen L- 7)a/1111t:e- GieX/2-A City' Clerk 1,10117