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HomeMy WebLinkAboutMinutes City Council - 08/04/1975PRESENT: Mayor Jason Luby Mayor Pro Tem Bill Tipton Commissioners: Eduardo de Ases Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward Sample MINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING August 4, 1975 2:00 P.M. City Manager R. Marvin Townsend Acting City Attorney Jim McKibben City Secretary Bill G. Read N Mayor Jason Luby called the meeting to order in the Council Chamber of the City Hall and stated the purpose of the Special Meeting was for discussion concerning the matter of Chief Executive Officer of the City, appointment of Municipal Court Judges and Clerk, and appointments to various boards and committees. City Secretary Bill G. Read called the roll of those in attendance. Concerning the matter of Chief Executive Officer of the City, Mayor Luby read portions of a written statement addressed to members of the City Council and the public, with subject listed as "Who is the Chief Executive of the City of Corpus Christi, the Mayor or the City ivlanager, on Civil Service Matters." (Council Exhibit #5-75) In essence, the statement maintained that under Article 1269m, Civil Service Law, gives appointive powers to the Chief Executive Officer; that certain state laws refer to the Mayor as Chief Executive Officer; that certain court cases refer to the Mayor as Chief Executive Officer; and that the City Charter says, "the mayor, with the advice and consent of a majority of the Commissioners, shall appoint the members of the Civil Service Board." Commissioner de Ases asked the City Attorney to comment on the statement and to state if there was anything in the authorities cited by the Mayor to make him change his mind regarding his opinion submitted to the Mayor and Council last week. City Attorney McKibben stated he had reviewed the statement and did not find anything in the authorities cited that would make him change his opinion that the City Manager is the Chief Executive Officer of the City. Mr. McKibben further responded to the Mayor's memorandum, stating it is true that Article 1269m, Civil Service Law, gives appointive powers to the Chief Executive Officer, and this position under a Council -Manager form of government is the city manager. As to the Mayor's opinion that certain state laws refer to the Mayor as vinutes Special Council Meeting August 4, 1975 Page 2 Chief Executive Officer, Mr. McKibben stated these laws apply only to general law cities operating under state statutes and not home rule cities with city charters such as in this City. As to the reference to the Mayoras Chief Executive Officer in certain court cases, Mr. McKibben stated these cases referred to other cities which at the time in question the Mayor was Chief Executive Officer in that form of government and the court references merely re- flected that status. He further stated that the City Charter reads: "the Mayor with the advice and consent of a majority of the Commissioners shall appoint the members" of the Civil Service Board, but since the same members serve on both the Board and the Commission and Article 1269m gives appointive powers in this kind of local government to the City Manager, the state law overrules this part of the Charter. The Council engaged in a lengthy discussion of the foregoing matter, each ex- pressing his individual opinion as to the interpretation of Article 1269m and the State statute. Mayor Luby stated he would abstain on the action of the Council regarding this issue because he sincerely feels it is in direct conflict with the City Charter. Motion by de Ases, seconded by Gulley and passed, with Luby abstaining, that the opinion of City Attorney McKibben, dated July 30, 1975 (Legal Opinion #7-7 on file in the City Attorney's Office), be accepted affirming the authorities which he cited therein that the City Manager is the Chief Executive Officer of the City of Corpus Christi. The vote was unanimous of those present and voting. The following appointments and reappointments were made to Boards and Committees: MUNICIPAL COURT JUDGES & CLERK: Motion by Lozano, seconded by Gulley and passed, that Mrs. Estela Tijerina be reappointed as Municipal Court Clerk. ORDINANCE NO. 12728 APPOINTING ESTELA TIJERINA AS MUNICIPAL COURT CLERK IN CORPUS CHRISTI, TEXAS; FIXING THE SALARY FOR SAID OFFICE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the above ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". inutes ...pedal Council Meeting August 4, 1975 Page 3 City Attorney McKibben read from Article 4, Section 27 of the City Charter which provides that judges and alternate judges of Municipal Court shall be nominated by the Mayor and elected by the Council. Mayor Luby stated he was not prepared at this time to make these nominations, and it was agreed that the judges and substitute judges will continue to serve until the Mayor is prepared to make nominations. CIVIL SERVICE BOARD: Motion by de Ases, seconded by Gill and passed, Mayor Luby abstaining, that Raul Garcia be appointed to replace William Bonilla on the Civil Service Board. BAY DRILLING COMMITTEE: Motion by de Ases, seconded by Gulley and passed, that R. W. Beatty be appointed to serve as Alternate (Citizens at large) and Dudley Strother be appointed as Alternate (Oil Industry), on the Bay Drilling Committee. CITIZENS ADVISORY HEALTH AND WELFARE BOARD: Mrs. Bill Winston was nominated and elected by majority vote of the Council to serve on the Citizens Advisory Health and Welfare Board, replacing Mrs. Edith Coffey. COASTAL BEND COUNCIL OF GOVERNMENTS: Mrs. Betty (Jack Rice) Turner was nominated and elected by majority vote of the Council to serve on the Coastal Bend Council of Governments, replacing Mr. Preston Doughty. HUMAN RELATIONS COMMISSION: Ramiro Escobar (appointment); Mrs. Rudolfo Gonzales and Rabbi Arthur Z. Steinberg (reappointments) were nominated and elected by majority vote of the Council; Beth Pfromer, V. L. Houston and Belinda Cantu, were nominated and elected by majority vote of the Council to serve on the Youth Division of the Human Relations Commission. MARINA BOARD: Motion by Gulley, seconded by de Ases and passed, that the appointment of Mr. Bill Berry be approved and confirmed. Minutes Special Council Meeting August 4, 1975 Page 4 MUNICIPAL INDUSTRIAL COMMISSION: Nominations made by Mayor Luby to the Municipal Industrial Commission were not approved by the Council, and appointments to the Commission were deferred for one week. MENTAL HEALTH AND MENTAL RETARDATION BOARD: Mr. Boyd Campbell was nominated to serve on the MH -MR Board, but appointment deferred until Wednesday of next week pending a joint meeting with the County Commissioners. PARK BOARD: Armando Saenz (reappointment); Mrs. Dick Swantner (reappointment); A. G. Mejia (appointment); Dr. Henry Casillas (appointment); and Mrs. Sandy (Dr. Gerald Jay) Langberg, elected by majority vote of the Council to serve on the Park Board. PLANNING COMMISSION: Charles Cartwright (reappointment); Ben Donnell (appointment), and Noe Mendez (appointment), elected by majority vote of the Council to serve on the Planning Commission. SOLICITATIONS COMMISSION: Mrs. Aldene Burton (reappointment), Benny Benavides (appointment), and Mrs. Millie (Mrs. Dwight) Peoples, elected by majority vote of the Council to serve on the City Solicitations Commission. TRAFFIC SAFETY ADVISORY BOARD: Mrs. Debbie (Mrs. Jack) Dumphy (appointment), and Eddie Ferias (reappointment), elected by majority vote of the Council to serve on the Traffic Safety Advisory Board. There being no further business to come before the Council, motion by de Ases, seconded by Sample and passed, that the Special Meeting be adjourned at 4:20 p.m., August 4, 1975.