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HomeMy WebLinkAbout12/02/00 TAPE #1737 SPECIAL-MEETING MINUTES Saturday, December 2, 2000 The Special Meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Saturday, December 2, 2000, at 11:00 A.M., with Council President Carol Arends presiding. Council members present were Jim Reed, Conrad Esser, David Farr, Mike Shepherd, Ed Rollman, John Law, Cecil McConnell, and Wayne Olsen. Also present were Deputy City Clerk Paula Johnston; and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell. President Arends provided a brief introduction, stating this Special Meeting was called to discuss "Legal Services" as a result of the current issue facing the Council and the City. It was explained that this meeting was meant to be a "working session" for the Council, but due to the number of citizens in attendance, the meeting would be held here in the Council Chambers, rather than the Conference room. However, there would not be an opportunity for questions or comments from the public. It was further pointed out that the purpose of the Agenda Bill passed at the regular Council Meeting on Wednesday, November 29, 2000 to "Retain the Current City Attorney as Special Counsel to the City Council in the event of a Purported Separation from Employment" was to simply provide continuity in running the affairs of the City until this issue was settled. it was also explained that on Friday afternoon, Ms. Malanca's personal items were removed by the Mayor from the City Attorney's office, and placed in the City Council Conference Room. Decisions regarding what steps to take must now be made, as well as discussions on the possibility of mediation and outside legal counsel. Glenna Malanca reported on her position and answered questions from members of the Council. Jim Reed referred to Article III of the Bremerton City Charter, which he felt clearly gave the City Council the authority to use property within the City which would include office space. He pointed out that action needs to be taken to restore office space for attorney use and to fulfill duties as required by the position. Ed Rollman clarified that the City Council has no "vendetta", but is merely trying to retain quality legal service. Conrad Esser asked questions regarding mediation. An offer for mediation was proposed to the Mayor last Monday, but she declined. The Mayor then offered dates she was available for mediation, but these dates were not workable for Glenna. Glenna then offered Wednesday and Thursday as possibilities, but heard that the mediator was not available on those days. Conrad referred to the job advertisement for a City Attorney, which lists 10 years experience required, with 5 years of municipal government experience. He asked if David St. Pierre had this experience, and it was clarified that he had only approximately 2-years of experience. Cecil McConnell discussed section 21 of the Bremerton City Charter which states that the Mayor has the authority over City employees EXCEPT Internal Auditor, City Attorney, City Council, and City Council staff. Mike Shepherd clarified that Council has set legislative policy on November 29, which was violated, and the City Charter was violated. Several current, major lawsuits were noted, and that the appointed City Attorney was not qualified to handle them. It was also noted that this whole issue began due to the workload of the Legal Department. It was pointed out that there were two issues to TAPE #1737 City Council Special-Meeting Minutes December 2, 2000 Page 2 of 2 deal with, legislative and legal. It was questioned how much Legislative action could take place without a City Attorney. Mr. Reed addressed the issue of Council obtaining "outside legal services" and clarified that the Council already has a City Attorney. The Council has requested that the computer and hard drive used by the City Attorney be returned, as well as her personal items, and that she be allowed to return to the City Attorney office to allow the continuation of City business. Council President Arends discussed the formation of a committee consisting of Wayne Olsen and herself, and perhaps one additional person to work with the Seattle attorney to clarify issues discussed, and also utilizing his assistance to gain control of the property of Ms. Malanca. Mr. Olsen and Mr. Law discussed the obligation of the Council to follow the City Charter and to do what is best for the financial aspect of this City. The public was encouraged to read the City Charter, which were available in the City Clerk's office. It was suggested that this issue may require the use of a judge to make 'a final decision on the matter. With no further business, meeting concluded at 12:00 Noon. The Council then adjourned to the Council Conference Room for a 60-minute Executive Session to discuss "Potential Litigation" per R.C.W. Chapter 42.30.110 (1) (i). CAROL ARENDS, City Council President City of Bremerton CAJP J/Is/cge c: Normal Distribution File