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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 1 6-13-94 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. 2 6-13-94 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. 3 6-13-94 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. 4 6-13-94 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 5 6-13-94 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 6 6-13-94