10/24/1995-CC-Minutes-Special,MINUTES.
,MINUTES. City Council on Special Called
October 24, 1995
PRESENT: Mayor Nei Armstrong, Councilman Tommy Kincaid, Councilman Joe Bell,
Councilman Glenn Ervin, Councilwoman Margie Braxton, Councilman Jack
Richardson
PRESENT: City Administrator John Hamilton, City Secretary Rosalie Chavez, Travis
Roberts and John Mears with Hunters Associates, Chris Anderson, Kim
Murphy, Stephen D. Colbert, Lisa Hardy, Jane Richardson, Wanda Ervin
1. Mayor Armstrong Called Meeting to Order and led the Invocation.
2. Consider and Possible Action Regarding Payment to XIT - $10431131.70.
Travis Roberts addressed the issue concerning Pioneer Concrete's "Notice of Unpaid
Balance, Demand for Payment & Sworn Statement of Account.
Travis indicated (in the workshop) that he has talked to both XIT and Pioneer
Concrete and they both agreed that one check be made payable to Pioneer Concrete
and XIT together for $75,941.95 and the balance of $28,189.20 to be made payable
to XIT.
Motion was made by Councilman Bell to proceed with the payment to XIT according
to the instructions of our Engineering Firm. Seconded by Councilman Kincaid.
Motion Carried.
3. Executive Session pursuant to the Open Meetings Law, Chapter 551, Govt. Code,
yernon's Texas Codes Annotated in accordance with the authority contained in
Govt. Code Section 551.074 Personnel Matters -
Discussion of possible action concerning City Administrator position.
Mayor Armstrong did not convene into executive session due to the fact that Mr.
Hamilton's attorney requested an open meeting session.
Stephen Colbert, attorney representing Mr. Hamilton, requested a postponement of
this decision since_ he felt there were some legal issues that needed to be addressed.
He indicated that if there is to be an end to Mr. Hamilton's employment. that it
would be better for Mr. Hamilton and the City of Sanger_ for it to be done An an
orderly fashion.
LT
Mr. Colbert requested that this issue be tabled and City Coun6 l to,, appoint a
committee that he be allowed to visit with W. Nichols about+ some type of resolution
to this issue in regards to Mr. Hamilton's future employment- and low. long "he be
allowed to continue and whether he can continue on in a consulthirbas s.
Councilman Bell stated that he thought they had attempted to address this issue at
the last City Council meeting.
Mr. Louis Nichols, attorney representing the City of Sanger, stated in his opinion
that if the City Administrator does not have a contract or agreement that provides
for any severance pay or payment after services are terminated, or after he quits
working for the City, then the City can not pay his salary or give him severance pay
without a contract.
Mr. Nichols indicated that if the City terminated his employment and wanted to pay
him for example until January 1, they could hire him on a consulting basis or
Council could continue to let the City Administrator fill the position until the time
period that Council agreed to pay him. Mr. Nichols indicated that spending public
monies without an obligation to pay would not be legal, and any other action that
Council took would not be appropriate.
CC MINUTES - SPECIAL CALLED
PAGE 2 - 10/24/95
Another issue Mr. Nichols expressed in his opinion was if City Council terminated
Mr. Hamilton's employment all they would have to indicate was that City Council
lost confidence in the performance of his job. If City Council have reasons for
termination then in all fairness to City Administrator, City Council would have to
give Mr. Hamilton and his attorney the right to address the issues.
Discussion continued.
Mr. Colbert did indicate that the original agreement offered by City Council to Mr.
Hamilton was not acceptable for several reasons and there are some legal reasons
that he would like to address to Mr. Nichols.
Motion was made by Councilman Kincaid to postpone decision for two weeks.
Seconded by Councilwoman Braxton.
Motion Carried.
Motion was made by Councilwoman Braxton that City Administrator be put on
Administrative Leave with Pay. Seconded by Councilman Richardson.
Motion Carried.
Mayor appointed herself, Councilman Kincaid and Councilwoman Braxton to the
committee.
4. Reconvene into Regular Session and Consider Appropriate Action, if any, as a result
of items discussed in Executive Session.
5. Any Other Such Matters.
6. Adjournment.
Nel Armstrong, Mayor
ATTEST