HomeMy WebLinkAboutMinutes City Council - 11/19/1969MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
November 19, 1969
2:00 P.M.
PRESENT:
Mayor Jack R. Blackmon
Mayor Pro Tem Gabe Lozano, Sr.
Commissioners:
Dick Bradley, Jr.
Eduardo E. de Ases
Ken McDaniel
W. J. Roberts
Ronnie Sizemore
City Manager R. Marvin Townsend
City Attorney I. M. Singer
Assistant City Secretary Bill G. Read
Mayor Jack R. Blackmon called the meeting to order.
The Invocation was given by the Reverend Ben M. David of Eighteenth Street Baptist
Church.
Assistant City Secretary Bill G. Read called the roll of those in attendance.
The Minutes of the Regular Meeting of November 12, 1969, were approved as submitted
to the Council.
Mayor Blackmon read and presented proclamations relative to the following: MAYFLOWER
COMPACT DAY, Friday, November 21, 1969, in recognition of the 349th Anniversary of the signing
of the Mayflower Compact, and urged all citizens to re -acquaint themselves with this important
document and to pay honor to the Corpus Christi Colony of Mayflower Descendants; received by
Mrs. Henry Binz and Mrs. Johnson; NATIONAL FAMILY HEALTH WEEK, November 16 through 22,
1969, in recognition of the dedication and skill of the family physician, and to pay due respect to.
the physicians in general practice; received by Dr. Thelma Frank.
City Manager Townsend reported the receipt of petitions relative to the following: (a) a
petition signed by 671 students of Moody High School requesting that the name of McArdle Street
from the Crosstown Expressway to Greenwood Drive be changed to Trojan Drive, (Petition #12-69);
(b) a petition signed by approximately 500 residents of Pope Place and Paisley Place, requesting
that North and South Pope Parks not be available for use by the little league and football league
and similar organized recreational programs (Petition #13-6y). Mr. Townsend stated that petition
(a) had been referred to the Planning Department to be checked for possible duplication of street
names with instructions to report within two or three weeks; and that petition (b) had been before
the Park and Recreation Board yesterday and will come back as a separate matter, and that it is his
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Regular Council Meeting
November 19, 1969
Page 2
recommendation that both petitions be accepted and taken under advisement, which was concurred
In by the Council.
Mayor Blackmon submitted for nomination to the Artifacts Citizens Committee the
following persons: Margaret Ramage, Mrs. Leslie Chappell, Lorraine (Daly) Jolliffee, Rudy
Mirabal, Dr. Hector Garcia, Raymond Perez, Domingo Pena, Dr. P. Jimenez, Luis Alonzo
Munoz, Celso Guzman and Dick Bowen.
Motion be de Ases, seconded by Sizemore and passed, that the foregoing nominations for
appointment to the Artifacts Citizens Committee be approved and confirmed.
Mayor Blackmon racognized Mr. H. K. Burnett of Home Furnishings Association who had
requested a place on the agenda relative to the control of garage sales in the City.
City Manager Townsend reported that since this matter was originally brought before the
Council October 22, 1969, an investigation had been made of the alleged violations and found that
19 were non-existent, three were known violations but lacked enough evidence to prosecute, and
five were possible violations, and stated the Staff is following up on these and others for evidence
of violations.
Mr. Burnett spoke on behalf of the 53 members of the Home Furnishings Association who
filed with the Council a petition in protest of what was termed uncontrolled garage sales in the
City. He described Corpus Christi as "the garage -sale capitol of the world; stated the Home
Furnishings Association employ approximately 618 persons, and that their business is being seriously
jeopardized. He stated that the 53 signers of the petition are requesting that persons holding
garage sales be required to obtain a permit and that the sales be limited to two a year according
to State Law and restricted to personal property of the householder. He further proposed that the
City adopt a policy which would require that a permit be obtained and that a regulation sign be
posted in front of the place where the sale is being held indicating that it was a legal garage
sale; stated that the City's zoning ordinance is not adequate to control these illegal garage sales,
pointing out that there were 126 known store licenses issued to persons in residential areas. He
presented photographs ot 46 signs which he said were taken on November 9 within a period of
three hours, after they had filed the original petition, or after the City Staff had been instructed
to collect the signs, and that these signs were found in the City's rights ot way, telephone poles,
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Regular Council Meeting
November 19, 1969
Page 3
street signs, fences, curbs and trees. He pointed out that the City of Victoria's ordinance had
been effective; and turther pointed out that the sale of all used bedding without sterilization is
illegal.
A lengthy discus=siontollowed as to responsibility of enforcing such a law if it were
adopted, and it was concluded that an ordinance would be of no value if it could not be enforced
and would be a "nuisance ordinance"; that the zoning ordinance is self-entorcing; that the list
of 100 possible violators provided by Mr. Burnett would continue to be checked, and that possible
The
sale tax violations would be investigated. Mayorsuggested that the 53 members of the Home
Furnishing Association and their 618 employees compile evidence, tile criminal complaints, and
testify tor convictions. However, he ;toted the City will continue to investigate complaints, and
instructed the City Manager to see that ga-age sale signs are removed from the public rights of way.
Mrs. Walter Greer, 4813 Cottage Street, appeared and stated she is one of the 126
mentioned who has a store license, stated that hers is an open shop for the repair of antiques,
but admitted that her store had been used tor garage sales. She stated she is also against continuous
garage sales, but that she would like to be informed as to how and when a garage sale can be held
without harrassment from outside parties. She stated one ot the member ot the petitioners has had
two garage sales ot his own in the last three months.
Mrs, L. L. Anderson, 4209 Christie, asked for a complete list of members ot the Home
Furnishings Association so that she might know " who is her accuser".
Mayor Blackmon called for the City Manager's Reports.
Motion by Sizemore, seconded by Bradley and passed, that the City Manager's Reports,
Items "a" through "i" be accepted, and that the requests and recommendations be granted and
approved as follows:
a. That an agreement with Trinity Engineering Testing Corporation (TETCO) for soil
investigation and pavement design services tor Gollihar Road, Dody to Ayers, be authorized,
and an appropriation in the amount of $4, 000 for cost of these services, be approved;
b. That an appropriation in the amount of $3,000 to increase the contingency appropriation
tor Ocean Drive, Hewit to Airline to enable payment ot $3,240 to Trinity Testing Laboratories
for October tests and future seawall tests estimated to be $700.00 be approved;
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Regular Council Meeting
November 19, 1969
Page 4
c. That the relocation payment schedule submitted as part of the City's relocation plan
in connection with the HUD assisted projects of Elgin Park OSC-36- (DL) and the Neighborhood
Improvement Program (Molina and Hillcrest), be adopted by resolution;
d. That the award ot bid of 12,000' - 3/4", 1,000' - 1-1/2", 800 - 2" Type K Sott
Copper Tubing and 40' - 2-1/2", 40' - 3", 40' - 4" Type K Hard Drawn Copper Tubing, be made
to Lead Suppliers, Inc., Minneapolis, Minnesota on the basis of low bid meeting specifications,
for a total amount of $8,907.51; (Bid Tabulation X29-69)
e. That the Council meetings scheduled for Wednesday, December 24, 1969, and
December 31, 1969, be convened at 2:00 p.m. on Monday, December 22, and at 2:00 p.m.
on Tuesday, December 3U;
f. That the date of December 22, 1969, at 2:00 p.m. be set for public hearings on the
tollowing zoning cases:
(1) Duaine and Associates - from "R-2" to "AB" at the corner of 14th and Craig
(2) Longhorn Donuts Inc. - from "B-1" to "B-4" in the 4200 Block of Alameda
(3) Joe Moore - from "R -1B" to "A-1" on the property at the corner of Montego and
Weber
(4) H. C. Ball - from "R -1B" to "1-2" between South Padre Island Drive, Bush Avenue,
and West Point Road;
g. That the firm of Harrington and Cortelou be retained by the City for the City -County
and Navigation District to make an inspection and recommendations regarding the general
condition of the Tule Lake Lift Bridge and the specific problem of power supply to the movable
span;
h. That the date of January 14, 1970, Regular Council Meeting, be set for public
hearing to close the stub ends of Hudson, Rosalie, and Garden Street between Vestal Street
at the Crosstown Expressway;
i. That the report of the Governmental Center Subcommittee be received and accepted,
and that the City Council proceed to appoint a "Citizens Committee of 100"63ie"-P LK 1" J
Relative to the report of the Governmental Center Subcommittee, Mayor Blackmon
announced that Richard King III had been appointed chairman ot the committee, and that a
meeting will be called as early as possible, tentatively set for Tuesday, November 25, at 7:30 p.m.
in Exposition Hall.
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Regular Council Meeting
November 19, 1969
Page 5
Mrs. Clayton Walters, 334 Louisiana, presented a petition from residents in the 300
Block of Louisiana Street requesting that additional street lighting be provided for this block
(Petition #14-69)
City Manager Townsend accepted the petition and reported that street lights in the 300
Block of Louisiana were already in the process of being installed.
ORDINANCE NO. 9552
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE
CITY OF CORPUS CHRISTI, TO ENTER INTO AN AGREEMENT WITH TRINITY ENGINEERING.
TESTING CORPORATION (TETCO) FOR SOIL INVESTIGATION AND PAVEMENT DESIGN
SERVICES IN CONNECTION WITH THE DESIGN OF PLANS AND SPECIFICATIONS FOR
PROPOSED IMPROVEMENTS TO GOLLIHAR ROAD, DODY TO AYERS, DESIGNATED AS
PROJECT NO. 220-67-86, AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF
WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING OUT OF NO.
220 STREET BOND FUND THE SUM OF $4,000 FOR THE AFORESAID SERVICES; AND DECLARING
AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and
voting "Aye".
ORDINANCE NO. 9553
APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $3,000 APPLICABLE
TO CONSTRUCTION CONTINGENCIES FOR THE OCEAN DRIVE IMPROVEMENTS, UNIT III,
PROJECT NO. 220-67-97, TO SUPPLEMENT FUNDS PREVIOUSLY APPROPRIATED BY ORDI-
NANCE NO. 8987; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the toregoing ordinance was passed by the following
vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and
voting "Aye".
ORDINANCE NO. 9554
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY
OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH MARGIE BENNETT DBA COLISEUM
CONCESSIONS, GRANTING THE RIGHTS OF CONCESSION AT THE EXPOSITION HALL
AND MEMORIAL COLISEUM ON SHORELINE BOULEVARD IN THE CITY OF CORPUS CHRISTI,
NUECES COUNTY, TEXAS, TO THE SAID MARGIE BENNETT DBA COLISEUM CONCESSIONS,
SAID CONCESSION RIGHTS BEGINNING NOVEMBER 1, 1969, AND ENDING OCTOBER 31,
1974, SUBJECT TO THE COVENANTS AND CONDITIONS PROVIDED IN SAID CONTRACT, A
COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN
EMERGENCY.
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Regular Council Meeting
November 19, 196Y
Page 6
The Charter Rule was suspended and the toregoing ordinance was passed by the following
vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and
voting "Aye".
ORDINANCE NO. 9555
APPROVING THE FIXED RELOCATION PAYMENTS SCHEDULE IN THE CITY OF CORPUS CHRISTI,
TO BE USED IN CONNECTION WITH THE HUD -ASSISTED PROJECTS OF ELGIN PARK, OSC-36
(DL) AND CODE -ENFORCEMENT (MOLINA AND HILLCREST), TEX E-7; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and
voting "Aye".
ORDINANCE NO. 9556
AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON
THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET
SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO
TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, BY
CHANGING THE ZONING DISTRICTS OF THAT AREA COMMONLY REFERRED TO AS
"WASHINGTON-COLES AREA", INCLUDING PORTIONS OF COLONIA MEXICANA SUB-
DIVISION, NORTH BROADWAY SUBDIVISION, BLUFF ADDITION, PARKER ADDITION,
BRASLAU SUBDIVISION, DIAZ SUBDIVISION, CLARKSON SUBDIVISION, HIDALGO SUB-
DIVISION, CRAVEN HEIGHTS, CRAVEN HEIGHTS ANNEX, T. C. AYERS PARK, LEATHERS
HOUSING PROJECTS 01 AND 02, POLICY FACILITY, AN AREA KNOWN AS SALT LAKE TRACT,
AND AN AREA KNOWN AS SALT LAKE FLATS TRACT, ALL LOCATED WITHIN THE CORPORATE
LIMITS OF THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AND AMENDING THE
ZONING MAP AS MORE FULLY SET FORTH HEREINAFTER, SUCH REZONED DISTRICTS BEING
SHOWN ON THE MAP ATTACHED HERETO, MARKED EXHIBIT "A"; KEEPING IN EFFECT ALL
OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDI-
NANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the toregoing ordinance was passed by the following
vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and
voting "Aye".
ORDINANCE NO. Y557
AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE
27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ,
OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME. AND
PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION
OF MRS. RALPH E. BROYLES BY AMENDING THE ZONING MAP BY CHANGING THE ZONING
MAP ON W. 1/2 OF LOT 5, LOTS 6, 7, AND 8, SUNNYSIDE STRIP SITUATED IN THE CITY OF
CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT
TO "AB" PROFESSIONAL OFFICE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF
THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the toregoing ordinance was passed by the following vote:
Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye".
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Regular Council Meeting
November 19, 1969
Page 7
Mayor Blackmon declared a 30 -minute recess during which time the Council held
a Corpus Christi Municipal Gas Corporation meeting.
Mayor Blackmon reconvened the meeting at 4:00 p.m. and asked that it be
noted that all members of the Council were present; stated the purpose of the meet-
ing was to hear oral arguments in the case of the appeal of the Civil Service Board
decision filed with the City Council August 29, 1969, in the matter of the City Sani-
tation Division Employee Dismissals, which decision sustained the action of the City
in its dismissal of said employees on July 10, 1969, and that the Council would now
sit in a quasi-judicial capacity as an appeals tribunal. He explained the procedure
to be followed, stating that the procedure which had been set by the Council was
similar to that used by the Court of Civil Appeals, and that each side would be
allowed thirty minutes to present his case. He stated that all notices and filing
of briefs had been fully complied with, but that the appellant attorney's last brief
had only been received by the Council today.
Mr. James de Anda, attorney representing the discharged Sanitation Employees,
stated he does not consider this appeal a contest between himself and the City
Attorney's office, but that he proposed to present what he feels are matters the
Council should reconsider, and would then try to answer any questions posed. He
stated he realized the Council's difficult position of being asked to pass judgment
on a course of actions on which they were personally involved. He asked that it
be remembered that while they would be passing judgment to some extent on their own
conduct as administrators, they are now sitting as a judicial body to determine if
they had ordered the right thing as administrators. He stated that because of the
circumstances and emergency nature of the problem, he felt the Council took the only
proper course available, but stated that he would not be here today if he did not
feel the Council would now view the problem in the capacity of a judicial body to
reconsider the issue from a different view point, and that he felt their opinion
could be changed.
Mr. De Anda stated that it had been their position from the beginning since
the matter became involved at the Civil Service Board level, that everyone acted under
stress, duress and on an emergency, but that now the emergency had passed, and the
Council should have another opportunity to review the facts. He stated that the
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Regular Council Meeting
November 19, 1969
Page 8
Council and Staff did what they thought was just and fair at the time of the first
work stoppage in June, 1969, but asked the Council to recognize that the Sanitation
workers had been subjected to a combination of circumstances before both stoppages.
Mr. De Anda stated he is here today to ask the Council to reverse the decis-
sion of the Civil Service Board, and that all discharged Sanitation employees be
reinstated to their former positions, or in the alternative, each of such employees
should be allowed re-employment with the City for the following reasons: (1) that
work stoppage was provoked by the City's breach of its agreement and policy, and by
the City's refusal to inform the employees as to their Civil Service status; (2) the
discharged employees were offered re-employment but refused to honor its offer; (3)
that in refusing some requests for re-employment, the City acted arbitrarily and
capriciously in violation of the employees' rights to due process of law under the
U.S. Constitution and equal protection of the laws; and (4) that the City, in fail-
ing to restore re-employed workers to their former positions, violated its own rules
and regulations in order to impose penalties.
Mr. De Anda quoted from a television speech of Mayor Blackmon following
the July 10 work stoppage, saying that former workers "would be re-employed on a
first come, first served basis," and that the City had failed to meet Mayor Blackmon's
promise of re-employment by re-employing some workers and refusing to employ others,
which was arbitrary and capricious, without making any reasonable distinction
between employees with good or bad records. He stated he felt these men had been
dealt with too harshly; that the City Attorney took the position that the City had
no other alternative other than the action taken. He quoted from State Statutes to
show that the Council's alternatives were discretionary. He also stated the workers
did not resign their positions as was stated by the City Attorney, but that they were
fired and re -hired at different salary and position levels contrary to the Civil
Service regulations. He further stated that it is their position that if these
men did wrong, then certainly the City did wrong; that the workers were misinformed,
and that the City did not meet its obligation of trying to inform them; that it was
obvious in Mr. Townsend's testimony in his deposition that the workers were not
aware of the action of the Council to place them under Civil Service status, and
that they felt they had been betrayed after the first stoppage and that it was this
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Regular Council Meeting
November 19, 1969
Page 9
betrayal which provoked the second stoppage. He stated that despite the offer
of the Mayor that re-employment would be made on a "first come, first served basis,"
it appears another procedure was employed by the Public Works Director that "he had
to be satisfied that the re -hired employee would be loyal to him..."
Mr. De Anda further stated he is convinced this Council has the power to
adjust thee punishment which was meted out to the workers in July, and that he is
also convinced some of the men were not re -hired because of their activities as
leaders and committee members, even though one of those men was re-employed. He
stated that the idea of forming a committee to negotiate with the City Staff ori-
ginated with the Council; that those men were "enticed" to serve on the committee,
and were then singled out and were not re-employed with perhaps one exception by
the City Staff which was especially harsh and cruel.
Assistant City Attorney Jim Riggs, defended the City's position, and stated
that at the outset, he wanted to make it clear that any reference which might
necessarily be made in his discussion of the employees or appellants is not intended
individually, and not intended to reflect on any employee in the Sanitation Division,
either present or former. He stated that following a very full and careful trial,
the Civil Service Board had decided two essential questions (1) that there was a
strike in the City Sanitation Division on July 10, and (2) that all individuals on
the Sanitation payroll at that time and due to go to work, forfeited their jobs
and were no longer employees of the City, with the exception of one man who was
restored pursuant to the Board's order, and who was inadvertently designated by
the City among those who did strike. Mr. Riggs cited State Statutes and Charter
provisions to support the City's position that the City Staff's actions on July 10,
1969, were within the law; that the Sanitation Division employees had violated
the Law, Art. 5154c by striking and, in so doing forfeited their jobs, and that
Art. 5154c allows no conditions whatsoever under which a public employee in this
state may strike. He stated that a City is prohibited from collective bargaining
with its employees with respect to wages, hours, or conditions of employment by
the Statute, and that any contract by bargain would be null and void; that the City
had no power to enter into a collective agreement with the employees to secure their
rights and benefits. The strong similarity between the Minnesota and Texas
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Regular Council Meeting
November 19, 1969
Page 10
anti -strike law was pointed out, excepting a special re-employment procedure provided
in Minnesota, and that the Courts there had held that a strike constitutes a resigna-
tion en masse. The letters to the employees after July 10, citing their "discharge,"
also stated that such notice, in this case, was not necessary under the law, but con-
stituted an administrative record and was for the employee's information.
Mr. Riggs stated that as to the lack of communications allegation, there were
numerous interviews between the City's staff and CUMA, between the Staff and Mr.
William Bonilla, and between the Staff and the employees' representatives, and that
the minutes of the Council meeting reflect an amendment to the City's Compensation
Plan which raised the Sanitation Employees to Civil Service Status, and this, by law,
constituted a public record and notice. He stated there is a basic disagreement as
to what the Mayor's television statement meant when he said "re-employment would be
on a first come, first served basis," that it had been the position of the appellants
that the Mayor had made a blanket offer to re -hire all employees who lined up for
their jobs at City Hall. He explained that, on the contrary, it was an invitation
to the "discharged" employees to come and make an application for re-employment,
and that the conditions that were waived from the normal procedure were spelled out
in the statement that all applicants, whether former or new, would not be considered
on the basis of educational background and experience; that physical requirements
were waived as to former employees; and that if it was intended that all require-
ments were to be waived, it would seem unreasonable that the Mayor would not have
so stated at that time. Mr. Riggs stated it was on this basic interpretation of
that statement that the employees have hung their case.
Relative to the statement that there was discrimination in not hiring the
men who lead or served on the committee during the July 10 work stoppage, Mr. Riggs
stated that it is pretty well laid to rest by the fact that Joe Cruz who was one of
the leaders of the employees who walked out on May 31, signed the June memorandum
as a member of the Employees' Committee, returned to work and struck again on
July 10th; that after the July 10th walkout he was returned to the City Sanitation
Division on the approval of the Public Works Director.
Mr. Riggs stated that Mr. McDaniel, being in direct charge of the Sanitation
Division, had to satisfy himself that the employee to be re -hired would be loyal to
him; that he would cooperate with the men in the Division and that his foreman could
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Regular Council Meeting
November 19, 1969
Page 11
rely on him, and most important, that the applicant would not go on a third strike or
soon resign; that the transcript of the Civil Service Board hearing shows that Mr.
McDaniel was fair and willing to give the employee the benefit of the doubt; that he
had a responsibility to the City Manager to keep the Sanitation Division in operation
during this emergency, and that this was accomplished as well as it could be under
the circumstances; that the management has substantially complied with that which was
essential to comply with by law.
As to reinstatement, the Civil Service rule is permissive, conditioned on the
recommendation of the Department head and Board approval, neither of which had occurred
in this case. The City hired men out of necessity to protect the public health. The
Civil Service Board retroactively approved all the City's Sanitation Division employees
after July 10. Mr. Riggs respectfully asked that this Council affirm and uphold the
findings of the Civil Service Board.
Commissioner de Ases raised the question relative to Mr. Riggs' statement on
Page 2 of his Reply Brief which reads: "...it necessarily follows that the City had
no power to enter into a collective agreement..., the memo signed by Messrs. Lozano,
de Ases and Bradley is simply a unilateral employee -witnessed declaration by the City
of its policy intention as of that date..." Mr. de Ases stated he raised this
question because the workers felt that this initial agreement or statement of policy
had been violated and that this is what caused them to question whether or not the
Council had carried out the stated intentions of placing the workers on Civil Service
Status.
Mayor Blackmon pointed out that Mr. Riggs' statement on Page 2 of his Reply
Brief referred to by Commissioner de Ases, had read: "...as of that date."
In rebuttal, Mr. de Anda stated that Mr. Riggs had persisted in quoting
from Statutes from other states and making a local application in this case; stated
that if the logic of the City Attorney's position is followed, then everything from
beginning to end had been wrong; that those men who had resigned should not have been
fired, and a Civil Service hearing not given them. He stated he did not agree with
Mr. Riggs' interpretation of the Mayor's television speech - that he interpreted it
as a clear promise that the men would be treated on a "first come, first served
basis." He stated the men had relied on that statement. He pointed out that these
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Regular Council Meeting
November 19, 1969
Page 12
men are not educated, in some instances, do not speak or understand English, and were
not able to read between the lines of statements and promises; that they felt they
were mislead; that they were not told they were under Civil Service; and that they
were looking to their officials to give them a "fair shake."
After waiver of objection by both Counsels,City Manager Townsend stated that
there are only two former employees that have not been re-employed; that there are
probably some 30 or 40 that did not seek re-employment for some reason or another;
that in terms of being employed, there are only two men that are not now re-employed;
that of the 96 to 100 former employees, 15 of that number are now above where they
were before the July 10th work stoppage; and that some 32 are either equal or ahead of
where they were before the strike.
Mayor Blackmon stated the Council is at liberty to request further informa-
tion, and that it will be made available to Mr. De Anda, and stated that additional
briefs may be filed.
The question was raised as to whether the deliberations of the Council
following this hearing would be held in closed session or in regular workshop, and
the Legal Department was requested to advise. Mr. Riggs stated, through the City
Manager, that there is no established precedent as to whether or not the deliberations
should be held in closed sessions, and that the decision is left to the discretion
of the Council. The Mayor stated that a decision as to the nature of the deliberative
session should be made at an early workshop.
Mr. De Anda stated he would have no objections to a closed workshop; that
largely
since they are dealing f., with only two employees, suggested that possibly the
deliberations should be held in a private meeting.
Motion by Roberts, seconded by Bradley and passed, that the hearing be closed.
Motion by Bradley, seconded by Roberts and passed, that the foregoing matter
be tabled to an early workshop, and that this matter be placed first on the agenda.
There being no further business to come before the Council, the meeting was
adjourned.