HomeMy WebLinkAbout06-13-1994 Minutes
MINUTES
MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO
ADJOURNED REGULAR MEETING
JUNE 13, 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 7:00 p.m.,
Wednesday, June 8, 1994, in the Sturges AUditorium, 780 North "E"
Street, San Bernardino, California.
The City Clerk has caused to be posted the order of the
adjournment of said meeting held on Wednesday, June 8, 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 9:45
a.m., Thursday, June 9, 1994, on the bulletin board next to the
Council Chambers of city Hall, 300 North "0" Street, San
Bernardino, California.
The adjourned regular meeting of the Mayor and Common Council
of the City of San Bernardino was called to order by Mayor Pro Tem
Pope-Ludlam at 9:02 a.m., Monday, June 13, 1994, in the Council
Chambers of City Hall, 300 North "0" Street, San Bernardino,
California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
fallowing being present: Mayor Pro Tem Pope-Ludlam; 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.
DISCUSS CITY'S LIABILITY EXPOSURE - HIRE AN INDEPENDENT
INVESTIGATOR - ALLEGATIONS OF SEXUAL HARASSMENT - CITY
ATTORNEY'S OFFICE CONTINUED FROM JUNE 1, 1994
DISCUSSED LATER IN THE MEETING - SEE PAGES 3 & 4 (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.
Mayor Pro Tem Pope-Ludlam provided a synopsis of the action
taken relative to the allegations of sexual harassment within the
City Attorney's Office.
S. Joseph simitian, Kay & Stevens, Attorneys at Law, 490
California Avenue, suite 400, Palo Alto, CA, representing the City
of San Bernardino, cautioned the Mayor and Council that discussion
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relative to the allegations of sexual harassment should be
discussed in closed session.
A discussion was held relative to the responsibility the City
has concerning the allegations of sexual harassment within the City
Attorney's Office, and the continuance of said item.
council Member Oberhelman made a motion, seconded by Council
Member Devlin, that the matter be continued to June 20, 1994, in
the Council Chambers of city Hall, 300 North "0" street, San
Bernardino, California.
The motion failed by the following
Members Oberhelman, Devlin, Miller. Nays:
Hernandez, Pope-Ludlam. Absent: Council
vote: Ayes:
Council Members
Member Negrete.
Council
Curlin,
Discussion continued relative to the responsibility the City
has concerning the allegations of sexual harassment within the City
Attorney's Office.
Council Member Hernandez made a motion, seconded by Council
Member Curlin, 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).
A discussion ensued regarding the appropriate course of action
to be taken concerning the allegations of sexual harassment within
the City Attorney's Office.
The motion failed by the following vote: Ayes: Council
Members Hernandez, Pope-Ludlam. Nays: Council Members Curlin,
Oberhelman, Devlin, Miller. Absent: Council Member Negrete.
RECESS MEETING
At 9:20 a.m., the adjourned regular meeting of the Mayor and
Common Council recessed to 1:00 p.m., in the Council Chambers of
City Hall, 300 North "0" street, San Bernardino, California.
RECONVENE MEETING
At 1:06 p.m., Mayor Pro Tem pope-Ludlam 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 "0" Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Pro Tem Pope-Ludlam, Council
Members Negrete, Curlin, Hernandez, Devlin, Pope-Ludlam; Senior
Assistant City Attorney Barlow; ci ty Clerk Rachel Clark; ci ty
Administrator Shauna Clark. Absent: Council Members Oberhelman,
Miller.
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DISCUSS CITY'S LIABILITY EXPOSURE - HIRE AN INDEPENDENT
INVESTIGATOR - ALLEGATIONS OF SEXUAL HARASSMENT - CITY
ATTORNEY'S OFFICE CONTINUED FROM JUNE 1, 1994
DISCUSSED EARLIER & LATER IN THE MEETING - SEE PAGES 1 &
4 (1)
This is the time and place continued from earlier in the
meeting to discuss the City's liability exposure and the hiring of
an independent investigator, as a result of the allegations of
sexual harassment reported in the city Attorney's Office.
A discussion was held regarding the need to go into closed
session to discuss this matter.
Council Member Curlin made a motion, seconded by Council
Member Hernandez, that the previous action taken 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), be reconsidered. (Note: There was no vote taken.)
COUNCIL MEMBER
At 1:12 p.m.,
Council meeting and
OBERHELMAN RETURNED
Council Member Oberhelman returned
took his place at the council table.
to the
Mr. Simitian advised the Mayor and Council that pursuant to
the San Bernardino Municipal Code Section 2.20.080, once
significant exposure to litigation has been determined, discussion
should be limited to closed session.
Council Member Hernandez withdrew his second.
RECESS MEETING
At l:14 p.m., the adjourned regular meeting of the Mayor and
Common Council recessed to 4:00 p.m., in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California.
RECONVENE MEETING
At 4:03 p.m., Mayor Pro Tem Pope-Ludlam 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 "0" Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Pro Tem Pope-Ludlam, 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.
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DISCUSS CITY'S LIABILITY EXPOSURE - HIRE AN INDEPENDENT
INVESTIGATOR - ALLEGATIONS OF SEXUAL HARASSMENT - CITY
ATTORNEY'S OFFICE CONTINUED FROM JUNE 1, 1994
DISCUSSED EARLIER IN THE MEETING - SEE PAGES 1 & 3 (1)
This is the time and place continued from earlier in the
meeting to discuss the City's liability exposure and the hiring of
an independent investigator, as a result of the allegations of
sexual harassment reported in the city Attorney's Office.
Council Member Curlin made a motion, seconded by Council
Member Hernandez, that the previous action taken 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), be reconsidered.
The motion carried by the following vote: Ayes:
Members Negrete, Curlin, Hernandez, Pope-Ludlam. Nays:
Members Oberhelman, Devlin, Miller. Absent: None.
council
Council
council Member Hernandez made a motion, seconded by Council
Member Negrete, 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).
Discussion ensued relative to the continuance of said item.
Senior Assistant City Attorney Barlow expressed concern
regarding personal liability for the hiring of outside counsel, and
stated that Mr. Simitian may have a possible conflict of interest
because as a normal course of business he conducts investigations
relative to sexual harassment.
The motion carried by the following vote: Ayes:
Members Negrete, Curlin, Hernandez, Pope-Ludlam. Nays:
Members Oberhelman, Devlin, Miller. Absent: None.
Council
Council
RECESS MEETING - CLOSED SESSION (1)
At 4:11 p.m., the Mayor and Common Council recessed to closed
session to discuss the potential for significant exposure to
litigation pursuant to section 54956.9, Subsection (b) of the
California Government Code.
CLOSED SESSION
At 4: 11 p.m., Mayor Pro Tem pope-Ludlam called the closed
session to order in the conference room of the Council Chambers of
City Hall, 300 North "0" Street, San Bernardino, California.
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ROLL CALL
Roll call was taken with the following being present: Mayor
Pro Tem Pope-Ludlam; Council Members Negrete, Curlin, 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 5:08 p.m., the closed session adjourned to 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 "0"
Street, San Bernardino, California.
RECONVENE MEETING
At 5:08 p.m., Mayor Pro Tem Pope-Ludlam 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 "0" Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Rachel Clark with the
following being present: Mayor Pro Tem Pope-Ludlam; 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.
CLOSED SESSION ACTION
(1)
Mayor Pro Tem Pope-Ludlam announced that in closed session the
Council took the following action, which was reaffirmed in open
session:
Council Member Hernandez made a motion, seconded by Council
Member Curlin, that the firm of Kay & Stevens be retained to
investigate allegations of sexual harassment within the City
Attorney's Office and to provide further legal advice on the city's
exposure to litigation; and that a formal agreement, which includes
a breakdown of hourly rates and expenses, be prepared by Kay &
Stevens for review by the Mayor and approval by the Mayor and
Council.
The motion carried by the following vote: Ayes:
Members Negrete, Curlin, Hernandez, Pope-Ludlam. Nays:
Members Oberhelman, Devlin, Miller. Absent: None.
Council
Council
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ADJOURNMENT (2)
At 5:12 p.m., Council Member Curlin made a motion, seconded by
Council Member Hernandez, and unanimously carried, that the
adjourned regular meeting of the Mayor and Common Council be
adjourned to 8:00 a.m., Wednesday, June 15, 1994, in the Council
Chambers of City Hall, 300 North "0" street, San Bernardino,
California.
RACHEL CLARK
City Clerk
.,
By' ~~~;~';;:~~~
eputy city Clerk
No. of Items: 2
No. of Hours: 1.5
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