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12/02/1996-CC-Minutes-RegularMLLNTUTES: City Council December 2, 1996 PRESENT: Mayor John Coker, Councilman Tommy Kincaid, Councilman Glenn Ervin, Councilman Jack Richardson, Councilman Jimmy Frazier, Councilman Jerry Jenkins City Administrator Larry Keesler, City Secretary Rosalie Chavez, Electric Superintendent Larry Yoast, Public Works Foreman Eddie Branham, Chief of Police Benny Erwin, Patrolman Stephen Lehotsky, Cheryl King, Mike Stepan, Douglas Payne, Jan Hayes, Mary Prater, Carolyn Frazier, Delores Coker, Carl Keeton, Deborah Hilliard, Sarah Hilliard, Betty Robinson, Eugene Edwards, Jane Edwards, Allen Sweeney, Virginia Killgo, Mark (arbrough, Doug Markley, Jane Richardson, Jeff McNeill, Randy Gentle, M. Perry, Jim Bob Kline, Janan Kline, Bob Stover, Jo Stanley, Jim McDaniel and Family, Grover Yarbrough, Karen Perry, Cynthia Yarbrough, Bill Fuller, Crystal Fenoglio, Audrey Bryant, Bruce Hampton, Steve Hollingsworth, Wanda Ervin, Tony Tipton, Mary Boyd, Yvonne Killgo, Leon Mulanax, Billie Mulanax, Toni Erwin, Doug King, Donna Fielder, Russell Madden, John Coker, DeAnn Coker Burrus, Dianne Markley, Mike James, Kenny Groves, Michael Windham, Eddie LeFleur, Richard Yarbrough, Bill Trantham 1. Mayor Coker Called the Meeting to Order. Dr. E.L. McNeal, Pastor -First Baptist Church led the Invocation, followed by Larry Keesler leading the Pledge of Allegiance. CONSENT AGENDA 2. a) Approve Minutes b) Disbursements Motion was made by Councilman Richardson to Approve Consent Agenda. Seconded by Councilman Jenkins. Motion Carried unanimously. 3. Consider and Possible Action Regarding Appeal from Richard Yarbrough. Mayor Coker advised that this hearing was to Consider the Appeal filed by Mr. Yarbrough for his reinstatement to the Police Department. Mr. Yarbrough has filed a lawsuit against the City and since the Mayor's name is mentioned in the lawsuit be was advised by the City Attorney that he not remain present at the hearing due to a conflict of interest. The Mayor excused himself and gave the gavel to Mayor Pro-Tem Tommy Kincaid. Mayor Pro-Tem Tommy Kincaid proceeded to advise those present that at this time Richard Yarbrough and anyone he wanted could come forward and direct his appeal to Council in an open session or it could be in a closed session. Mayor Pro-Tem Kincaid indicated that when Council has to discuss employees that they convene into executive session for the benefit of the employee. - Mayor Pro-Tem Kincaid asked Mr. Yarbrough to indicated what he wanted to do, whether he wanted an open session or closed session. Mr. Yarbrough indicated he wanted a closed session. Mayor Pro-Tem Kincaid proceeded to convene Council into executive session at 7:04 p.m. Recess into Exeq:utive Session Pursuant to the Ope2:r Meeting Law, Chapter 551, Govt. Code, Vernon`s 'exas Codes Annotate l, in accordance with he authority contained in Govt. Code 551.070 Personnel Matters, to Consider Appe 1 of Richard Yarbrough. CC MINUTES 12/02/96 PAGE 2 4. Reconvene into Regular Session and Consider Appropriate Action on Appeal of Richard Yarbrough. Mayor Pro-Tem Kincaid reconvened Council from executive session at 7:15 p.m. Motion was made by Councilman Richardson that Sgt. Richard Yarbrough be reinstated to the Sanger Police Department. Seconded by Councilman Ervin. Voted For: Councilman Ervin Councilman Richardson Voted Against: Councilman Frazier Councilman Jenkins (Mayor Pro-Tem) Councilman Kincaid fug :, ••l a Motion was made by Councilman Frazier to deny request. Seconded by Councilman Jenkins. Voted For: Councilman Frazier Councilman Jenkins (Mayor Pro-Tem) Councilman Kincaid Voted Against: Motion Carried 3-2 Councilman Ervin Councilman Richardson 5. Mayor Pro-Tem Kincaid Adjourned the Meeting. ATTEST: Rosalie Chavez, City . Coker III, Mayor