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HomeMy WebLinkAbout13440 RES - 10/20/1976JKH:vmr:1.0- 6- 76;1st , A RESOLUTION CONFIRMING THE APPOINTMENT OF WILLIAM T. UTTER TO THE POSITION OF DIRECTOR OF NEIGHBORHOOD IMPROVEMENT BY THE CITY MANAGER, PURSUANT TO CITY CHARTER ARTICLE III, SECTION 3. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That William T. Utter, appointed to the position of Director of Neighborhood Improvement by the City Manager, pursuant to City Charter Article III, Section 3, is hereby confirmed. MICR pF��M�D JUAr' 1980 104$f THAT THE FOREGOING, ORDINAJIC F, WADAREA) F^ T E FIRST TIMDE_jNDBYPASSED TO ITS SECOND READING ON THIS THE LI... FOLLOWING VOTE: JASON LUBY ,'P. BILL TIPTON EDUARDO DE ASES RUTH GILL 130B GULLEY ' GAGE LOZANO, SR. EDWARD L. SAMPLE THAT THE FOREGOING ORDINANCE WAS READ Fpr R,�T CIE `�� OND TIME gAND PASSED TO ITS THIRD READING ON THIS THE— /lZ_i'�I eDAY OF t/ x 1v75 /?! FOLLOWING VOTE: JASON LueY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE Allf .- THAT THE FOREGOING ORDI FINALLY ON THIS THE „?n DAY O JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR, EDWARD L. SAMPLE PASSED AND APPROVED, THI ATTEST: CITY SECRETARY PP VED: gi: DAY OF � /� C TY •ATTORNEY HE T IRD TIME AND PASSED Ig BY THE FOLLOWING VOTE: ,914 MAYOR THE CITY OF CORPUS CHRISTI, TEXAS CITY OF CORPUS CHRISTI, TEXAS tvs i'e3y 9 October 27, 1976 JASON WRY MAYOR R • L .4 City Council City Manager City Secretary Re: Under the Provision of Article II, Section 6, of the City Charter, I exercise my duty as Mayor of the City of Corpus Christi to veto Ordinance No. (or Resolution No.) 13440, dated October 6, 1976, in reference to the Confirmation of Employment of Mr. William T. Utter as Director of Neighborhood Improve- ment ----------------------------- ------- - - - - -- Ladies and Gentlemen: It should be the established policy of the City to give first considera- tion to existing city employees and qualified local citizens in the filling of any vacancies. To do so would raise the morale of our city employees and local citizens and create more efficiency within the various departments of the City. The past practice of filling vacancies with persons from outside this City has greatly effected the morale of the city employees and leaves no in- centive for future promotions. The filling of vacancies in the legal, medical, park and library depart- ments, to mention the most recent, is typical of the past practice of the City Manager and the City Council and should be discontinued at once. Not to do so causes qualified persons to seek advancement outside our City with the resultant loss of highly qualified citizens of this community. October 27, 1976 Page 2 As the Mayor of this City, I have vigorously opposed the practice of hiring persons outside this city to fill city vacancies and will continue to do so. In conclusion, may this letter be accepted into the City Record as a cause for veto; therefore, I am returning City Ordinance, or Resolution No. 13440, unsigned. .,on Luby, Mayor JL:jw 0 Minutes Regular Council Meeting October 27, 1976_ Page 9 Mayor Luby then called for comments from the audience regarding the City Manager's Report, and Mr. Joseph F. Corey spoke concerning item "f" and asked that "shoreline" be clearly defined to avoid problems for hunters and police, explaining that the shoreline along the Laguna Madre varies greatly with the tides. The Council agreed that was a very good suggestion. City Manager Townsend replied he would check the ordinance and City Code governing same to be sure the shoreline is clearly defined. Mr. Gary Galloway, 1318 Lum Street, inquired relative to item "i" what interest the City has in the property if the Navy base closes. Mayor Luby responded that the City is purchasing land for safety zones around NAS' airfields in the hope that the Navy will stay in Corpus Christi. Motion by Sample, seconded by Lozano and passed - -with Gulley voting No on items "i" and "k "- -that the City Manager's Report be approved. Mayor Luby then read his letter of veto of Resolution No. 13440 passed -last week confirming the appointment of Mr. William T. Utter as Director of Neighborhood Improvement. Motion by Gulley to override the Mayor's veto of Resolution No. 13440. Councilmember de Ases inquired as to the timeframe when the Council must act on the veto. City Attorney Aycock replied that the action does not have to be simultaneous but should be within a reasonable length of time. Mayor Luby maintained he believes failure to act today would sustain his veto. Councilmember Gill seconded the Motion to override the Mayor's veto of Resolution No. 13440. In discussion, she suggested that the Council meet in private with the City Manager before confirming future appointments "to avoid this sort of thing happening again and so we would know for sure that the best person is being chosen." City Manager Townsend responded that the inference that he has hired a substantial number of management employees from outside the city limits and has not taken care of those people who are qualified from within is not supported by facts. He stated he has been responsible for appointments in this level since January 1, 1968; and during that time 116 appointments and promotions were made to managerial level positions in salary grade 29 and above throughout the City. He explained that of this total, only Minutes Regular Council Meeting October 27, 1976 Page 10 21 persons - -or 18%- -lived outside Corpus Christi at the time of appointment, and distributed a list of those positions to the Council. He also pointed out that in January 1, 1968 there were no members of minority groups in Grade 29 and above; that since that time he has appointed 20 persons to that salary range who are of Spanish surname or Black. Mr. Townsend went on to report the figures for Fire and Police employees in Grade 26 and above and the number of those persons of Spanish surname or Black. He emphasized that even though the top positions in the City do not reflect the ethnic background of Corpus Christi, the percentage is much nearer toward that goal; and that less than one -sixth of the employees he has appointed to top positions have been brought in from outside the city. Councilmember Gulley then asked the City Manager if it would be allowable under the Charter for him to follow Councilmember Gill's suggestion. City Manager Townsend replied that the Council can set whatever policies they choose; but that the Charter provides that the City Manager makes the appointment and asks them for confirmation. Councilmember Gill clarified her earlier statement, saying she meant she br�icves the Council should be able to review the individual; she used the analogy tl.++ rre President of the United States confers with his Cabinet members prior to Liag his top officials. City Manager Townsend repeated that the Council can make whatever intensive review of the individual they choose; but that the Charter does not contemplate their reviewing all applicants. • ^.ouncilmember Sample asserted that the City Manager provided each of them with a resume of the applicant at least a week before the Resolution was placed on the agenda to be voted upon; he stated that the Council should have gone into closed session at that time if there were any questions or reservations regarding confirmation. Coun..ilmember de Ases agreed that a discussion of an applicant's qualifications and background should be held in closed session. He added he believes the Council has the right to ask the City Manager. "whether he has other applicants in mind and has considered others prior to making this recommendation." Mr. Townsend answered that he does not believe the Council can review the other applicants, although they could review the recruitment process. He added he believes r Minutes Regular Council Meeting October 27, 1976 Page 11 there is a fine line as to the Council's inquiring if a certain applicant was considered or asking the qualifications of the other applicants. Councilmember Lozano inserted he believes it depends on the position; that for some jobs, a knowledge of the city and the people whom the applicant would be working with is much more important than a college degree, he stated. City Manager Townsend inserted that it would have been no problem to go into a closed session regarding this particular applicant, because he submitted the person's name before the Council a week in advance. Mayor Luby said he had told the Assistant City Manager about his reservations but they still didn't go into closed session for discussion. Councilmember Sample responded to the Mayor that he (the Mayor) should have asked for the closed session to clear the matter up. City Manager Townsend summed up that the matter before the Council is whether a Division head is going to be selected by that Department head to carry out the job _ he will be responsible for; he repeated that the person selected for this position must have competency in carrying out federal projects which are very complex; that there is an urgent need to start the Neighborhood Improvement Program; and that if this person is rejected he would have to start the whole application process over because he does not feel there is a qualified second applicant. Mayor Luby called for the vote on the Motion on the floor, that being to override the Mayor's veto of Resolution No. 13440. The Motion passed, with Luby and Lozano voting No. Mayor Luby then called for the ordinances. City Manager Townsend presented the follow g ordinances, with related comments and explanations. There was no discussion from a audience. Mayor Luby declared the ordinance matting ch as in classifications within t� Fire Department to be heard on three re3g'6ga rather than as an emergency. There being n urther discussion, City S etary Read polled the Council for their vote. All ordinances assed, as ows: PIRST READING OF AN ORDINANCE AMENDING THE C F ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMENDING SECTION 33 -75 ISGRARG FIREARMS; DUCK HUNTING, SO AS TO MAKE IT UNLAWFUL FOR ERECTION OF BLINDS OR USE DUCK BLINDS WITHIN 400 FEET OF THE SHORELINE IN THE LAGUNA PROVIDING FOR SEVER Gl; AND PROVIDING FOR PUBLICATION. The foregoing ordi ce was read for the first time And passed to its cond reading by the follows vote, Luby, Tipton, de Ases, Gill, Gulley, Lozano and le, present and voting -- e ".