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HomeMy WebLinkAbout06-01-1994 Minutes MINUTES MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADJOURNED REGULAR MEETING JUNE 1, 1994 COUNCIL CHAMBERS This is the time and place set for an adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino from the adjourned regular meeting held at 10:00 a.m., Monday, May 23, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The City Clerk has caused to be posted the order of the adjournment of said meeting held on Monday, May 23, 1994, and has on file in the Office of the City Clerk an affidavit of said posting together with a copy of said order which was posted at 10:30 a.m., Tuesday, May 24, 1994, on the door of the place at which said meeting was held. The adjourned regular meeting of the Mayor and Common Council of the city of San Bernardino was called to order by Mayor Minor at 9:02 a.m., Wednesday, June 1, 1994, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by city Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, DeVlin, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow; City Clerk Rachel Clark; city Administrator Shauna Clark. Absent: None. DISCUSS CITY'S LIABILITY EXPOSURE - HIRE AN INDEPENDENT INVESTIGATOR - ALLEGATIONS OF SEXUAL HARASSMENT - CITY ATTORNEY'S OFFICE - CONTINUED FROM MAY 23, 1994 (1) This is the time and place continued to discuss the City'S liability exposure and the hiring of an independent investigator, as a result of the allegations of sexual harassment in the City Attorney's Office. In a memorandum dated May 31, 1994, Dennis Barlow, Senior Assistant City Attorney, provided the views of the City Attorney's Office as to why they could not consent to the hiring of outside counsel in respect to the allegations of sexual harassment. Mayor Minor provided a synopsis of the action taken relative to the allegations of sexual harassment within the City Attorney's Office. 1 6-1-94 S. Joseph Simitian, Kay & stevens, Attorneys at Law, 490 California Avenue, Suite 400, Palo Alto, CA, representing the City of San Bernardino, stated that since the allegations were made against the city Attorney's Office, it would not be advisable to allow any representative of the City Attorney's Office to participate in closed session due to a potential conflict of interest. He stated that the Mayor and Council could adjourn to closed session pursuant to the provisions of Government Code section 54956.9, Subsection (b) to discuss the potential for significant exposure to litigation. Discussion ensued relative to whether or not the Mayor and Council should adjourn to closed session. Council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that the Mayor and Council adjourn to closed session. (Note: There was no vote taken and the motion was subsequently amended.) A discussion was held relative to the purpose of the closed session. Council Member Hernandez amended his motion, seconded by Council Member Pope-Ludlam, that the Mayor and Council adjourn to closed session to discuss the potential for significant exposure to litigation and whether the City Attorney would be allowed to participate in the closed session pursuant to section 54956.9, Subsection (b) of the California Government Code. Gary Kirby, 1505 Yardley, San Bernardino, CA, opposition to the action taken by the Mayor and council, no action should be taken until a formal complaint has expressed and stated been made. Discussion ensued relative to whether or not an adverse party would be allowed to participate in the closed session. James Penman, city Attorney, stated that he consented to the hiring of the law firm of Kay & Stevens; however, he doesn't see any significant exposure to litigation, and expressed a desire to be present at the closed session. Mr. Simitian clarified whether the City Attorney or all representatives of the city Attorney's Office would be excluded from the closed session. The Members Miller. motion carried by the following vote: Ayes: Council Negrete, Curlin, Hernandez, Oberhelman, Pope-Ludlam, Nays: Council Member Devlin. Absent: None. RECESS MEETING At 9:28 a.m., Mayor Minor declared a five-minute recess. 2 6-1-94 RECONVENE MEETING At 9: 34 a. m., Mayor Minor reconvened the adj ourned regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by city Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow; city Clerk Rachel Clark; City Administrator Shauna Clark. RECESS MEETING - CLOSED SESSION (1) At 9:34 a.m., the Mayor and Common Council recessed to closed session to discuss the potential for significant exposure to litigation and whether the City Attorney would be allowed to participate in the closed session pursuant to Section 54956.9, Subsection (b) of the California Government Code. CLOSED SESSION At 9:34 a.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Minor; Council Members Negrete, Curl in, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller. Absent: Senior Assistant City Attorney Barlow; City Clerk Rachel Clark; City Administrator Shauna Clark. Also present: S. Joseph Law, 490 California Avenue, representing the City of San Simitian, Kay & Stevens, suite 400, Palo Alto, Bernardino. Attorneys at California, ADJOURN CLOSED SESSION At 10:20 a.m., the closed session adjourned to the adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 10:20 a.m., Mayor Minor reconvened the adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 3 6-1-94 ROLL CALL Roll call was taken by city Clerk Rachel Clark with the following being present: Mayor Minor; Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Senior Assistant city Attorney Barlow; City Clerk Rachel Clark; City Administrator Shauna Clark. CLOSED SESSION ACTION Mayor Minor announced determined that there is pursuant to Government Code (1) that in closed session the Council significant exposure to litigation section 54956.9, Subsection (b). The action was confirmed by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam. Nays: Council Member Miller. Absent: None. DISCUSS CITY'S LIABILITY EXPOSURE - HIRE AN INDEPENDENT INVESTIGATOR - ALLEGATIONS OF SEXUAL HARASSMENT - CITY ATTORNEY'S OFFICE - CONTINUED FROM MAY 23, 1994 (1) council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that the Mayor and Common Council adjourn to closed session to discuss the potential for significant exposure to litigation pursuant to section 54956.9, Subsection (b) of the California Government Code; and that the Mayor and Common Council hire an independent legal counsel to advise the City on the potential for liability exposure and on the appropriate course of action in response to allegations of sexual harassment by the City Attorney. (Note: There was no vote taken.) Discussion ensued relative to the motion. Council Member Hernandez made a substitute motion, seconded by Council Member Pope-Ludlam, that the previous action taken that the Mayor and Common Council adjourn to closed session to discuss the potential for significant exposure to litigation and whether the City Attorney would be allowed to participate in the closed session pursuant to section 54956.9, Subsection (b) of the California Government Code; and that the Council has determined that there is significant exposure to litigation pursuant to Government Code section 54956.9, Subsection (b), be ratified. The substitute motion carried by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam. Nays: Council Member Miller. Absent: None. Senior Assistant City Attorney Barlow stated that City Attorney Penman has not declared a conflict of interest on the basis that he has not been provided information to declare such. 4 6-1-94 council Member Hernandez made a motion, seconded by Council Member Pope-Ludlam, that the Mayor and Council adjourn to closed session in order to discuss significant exposure to litigation pursuant to subsection (b) of section 54956.9. The motion carried by the following vote: Ayes: Members Negrete, Curlin, Hernandez, Oberhelman, Devlin, Ludlam. Nays: Council Member Miller. Absent: None. Council Pope- RECESS MEETING - CLOSED SESSION (1) At 10:28 a.m., the Mayor and Common Council recessed to closed session to discuss the potential for significant exposure to litigation pursuant to Subsection (b) of section 54956.9. CLOSED SESSION At 10:28 a.m., Mayor Minor called the closed session to order in the conference room of the Council Chambers of city Hall, 300 North "D" street, San Bernardino, California. ROLL CALL Roll call was taken with the following being present: Mayor Minor; Council Members Negrete, Hernandez, Oberhelman, Devlin, Miller. Absent: Council Members Curlin, Pope-Ludlam; Senior Assistant City Attorney Barlow; city Clerk Rachel Clark; City Administrator Shauna Clark. Also present: S. Joseph Simitian, Kay & Stevens, Law, 490 California Avenue,suite 400, Palo Alto, representing the City of San Bernardino. Attorneys at California, COUNCIL MEMBERS CURLIN & POPE-LUDLAM ARRIVED At 10:30 a.m., Council Members Curlin and Pope-Ludlam arrived at the closed session. ADJOURN CLOSED SESSION At 11:58 a.m., the closed session adjourned to the adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino. RECONVENE MEETING At 11:59 a.m., Mayor Minor reconvened the adjourned regular meeting of the Mayor and Common Council of the City of San Bernardino in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll call was taken by city Clerk Rachel Clark with the following being present: Mayor Minor; council Members Curlin, Hernandez, Oberhelman, Devlin, Pope-Ludlam, Miller; Senior Assistant City Attorney Barlow; City Clerk Rachel Clark; City Administrator Shauna Clark. Absent: Council Member Negrete. 5 6-1-94 to CLOSED SESSION ACTION Mayor Minor announced that in continue the closed session. (1) closed session the Council voted The action was confirmed by the following vote: Ayes: Council Members Negrete, Curlin, Hernandez, Devlin, Pope-Ludlam, Miller. Nays: Council Member Oberhelman. Absent: None. Mayor Minor announced that in closed session the Council voted to continue the closed session to a date certain of June 13, 1994, at 9:00 a.m., in the Council Chambers of city Hall, 300 North "D" Street, San Bernardino, California. The action was confirmed by the following vote: Council Members Negrete, Curlin, Hernandez, Pope-Ludlam. Council Members Oberhelman, Devlin, Miller. Absent: None. Ayes: Nays: ADJOURNMENT (2) At 12:00 p.m., the meeting was adjourned. The next meeting will be held on Monday, June 6, 1994, at 8:00 a.m., in the Council Chambers of City Hall, 300 North "D" street, San Bernardino, California. RACHEL CLARK City Clerk By: _~1~~M_"Ld' /Ju~~ ujranna Cordova Peputy City Clerk No. of Items: 2 No. of Hours: 3 6 6-1-94