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HomeMy WebLinkAboutMinutes City Council - 10/03/1981 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING COUNCIL CHAMBER OCTOBER 3, 1981 2:45 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: Jack K. Dumphy Bob Gulley Herbert L. Hawkins Dr. Charles W. Kennedy Cliff Zarsky Acting City Manager Ernest Briones City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. Mayor Jones explained that the purpose of this meeting is to consider the termination of Mr. Marvin Townsend as City Manager, such meeting to be held in either open or closed session at the option of the City Manager, and the Council to take such action as it deems proper. Council Member Dumphy requested that the City Attorney present to the Council information that he has in regard to this matter. Mr. Dumphy then read the contents of the information as follows: "Motion to ratify all previous proceedings of Council taken on September 16, 1981 with respect to requesting and accepting resignation of R. Marvin Townsend as City Manager, effective at close of business September 30, 1981." Council Member Hawkins questioned the contents of this motion and stated that he did not feel that there was any action to be ratified because there was no action taken during the closed meeting of September 16, as far as he remembered. He pointed out that there was never a vote or any other type of official action taken during that meeting, therefore, he saw nothing that the Council could ratify from that meeting. hiLCROMMED SEP i9 Minutes Special Council Meeting October 3, 1981 Page 2 Council Member Kennedy inquired of Mr. Townsend if he wished to proceed with the matter on an open basis or during a closed meeting. Mr. Townsend read the following statement: "On September 16th, a closed meeting was called to discuss a personnel matter. At that meeting, without much discussion, the City Manager's resignation was requested by 5 members of the City Council. "After that closed meeting, the City Manager did submit his resignation as City Manager conditioned upon his continued employment as an assistant city manager on vacation until the vacation expires, except for a work period or work periods in 1982, as required by the City Council. "The closed meeting did not include any information as to how the performance of the City Manager had changed since June 10, 1981 when the City Council granted a $4,168 performance salary increase, in addition to the July 31, 1981 cost of living increase received by all employees. "The City Council has now chosen to hold a properly advertised hearing: "To consider the termination of Mr. Marvin Townsend as City Manager. Such meeting to be held in either open or closed session, at the option of the City Manager, and the Council to take such action as it deems proper". "From the motion, it appeared to be clear that I was again City Manager, at least until the Saturday meeting. However, after the motion passed, it was made very clear by a majority of the City Council, that my status was not, in your opinion, changed by the motion and that I apparently became an assistant city manager at midnight, September 30, 1981. "I assume, therefore, that the purpose of this meeting is to determine whether or not my resingation should have been requested and to allow me to withdraw that resignation if the City Council finds that it should not have been requested or, at least, not in the manner that it was. "Thus, I see the alternatives to be as follows: (1) City Council conclusion that my previously accepted resig- nation should have been requested and thus should not be modified. (2) City Council conclusion that the resignation should have been requested, but that a more reasonable timetable should have been followed so that the manager could first find other employment. (3) City Council conclusion that the resignation should not have been requested and that I should be asked to withdraw the resignation. "As has always been the case, I would welcome the opportunity to continue to serve this City Council and Corpus Christi, if that be your pleasure. Since I have always believed that the public's business should be transacted in public, I request that the meeting be 'open'." . f - es ial Council Meeting October 3, 1981 Page 3 Council Member Kennedy explained that a two-hour closed meeting occurred on September 16, from approximately 2 to 4:00 p.m. during which time discussion took place in that personnel meeting which was called on an emergency basis. He noted that there was a question as to whether there was an emergency or not and that is why this meeting is being conducted. Council Member Hawkins reiterated that there was no vote taken during that closed meeting. He then made a motion that the services of Mr. Marvin Townsend as City Manager be terminated and the date of his resignation be September 30, 1981 according to the terms of the original agreement. Council Member Dumphy seconded the motion. Council Member Hawkins stated that he would like to comment on this. He stated that, in his opinion, the City was seeing a side of Mr. Townsend that resulted in this meeting. He referred to charges made by Mr. Townsend and the Corpus Christi Caller -Times to the effect that the Council had acted improperly in their appointments to the Committee of 16, which he denied, and referred to the Minutes of June 10, 1981 in which the Committee was appointed. He pointed out that the motion to confirm the appointments was made by Council Member Gulley and seconded by Council Member Zarsky, which proved that if Mr. Zarsky is contending that their action was improper, he was a part of that action. Mr. Hawkins also alluded to the statement by Mr. Zarsky that the Council had again violated the Open Meetings Law on July 29, at which time, City Manager Townsend was present, as well as all Council Members, when the vote setting the rate of 62$ as the tax rate was passed unanimously. He pointed out that City Manager Townsend had no objection at that time, and according to a transcript prepared by the City Secretary's Office, there was no mention of a violation of the Open Meetings Law. Mr. Hawkins also denied that there were any improper proceedings at the time the closed meeting was held on September 16 to discuss the dismissal of City Manager Townsend. Mr. Hawkins reiterated that since no action was taken during the closed meeting, there was no reason to ratify action that was taken. He cited a case law that he indicated proved his point that there was nothing illegal about the closed meeting that was called. Minutes Special Council Meeting October 3, 1981 Page 4 Council Member Hawkins continued and expressed the opinion that if Mr. Townsend did not want to continue as City Manager, he would have allowed this matter to rest, pointing out that any time he was against anything he took delaying actions, in his opinion. He alleged that the accusations made by Mr. Townsend and Council Member Zarsky were designed to embarrass the Council. He expressed the opinion that even though Mr. Zarsky has accused the other Council Members of performing illegal acts, he also participated in those same acts and is as guilty as anyone else. Council Member Zarsky refuted the accusations made by Council Member Hawkins by stating that when he was told that there was a coalition being formed by several Council Members in this City, he did not believe it, and at the time of the closed meeting, there was no reason for him to make any objections because he did not believe that there were any violations of the law at that time. Mr. Zarsky then referred to the action calling for an emergency closed meeting on September 16 by a motion by Council Member Gulley to discuss a personnel matter. He stated that he did not object at that time because it is possible that it could have been an emergency, but during the closed meeting he had been informed that a majority of the Council had already decided their intention was to dismiss Mr. Townsend as City Manager. He also stated that during the closed meeting, City Manager Townsend stated that he did not have an opportunity to discuss this with anyone and he was told by several Council Members that he had to make a decision before he left that room. Mr. Zarsky stated that he was very concerned as to what might happen if someone challenged a decision made by this Council and all of the actions of the Council were declared illegal. He felt this meeting was only proper to make the events that had taken place on September 16, legal. He also pointed out that it was not Mr. Townsend's place to inform the Council that they were acting illegally. He stated that for these reasons, he had attempted on September 30 to call for actions that would eliminate any illegalities that have occurred and it was not a delaying tactic as has been indicated. He assured the Council that the reason he had requested this meeting was to clear up the legal matters that could be detrimental to the entire City in the future. tes Council Meeting uctober 3, 1981 Page 5 Mr. Zarsky continued by stating that on September 29, 1981, he had received a report from the City Attorney in regard to emergency postings and informed Mr. Hawkins that he was wrong in saying the City Attorney had not offered an opinion. Mr. Zarsky also mentioned the fact that a salary increase was granted City Manager Townsend just three months before because of his qualifications and the fact that he has done an outstanding job. He then informed the Council that he was of the opinion that the notice setting out the emergency meeting should have mentioned who was to have been considered during that meeting. Council Member Zarsky then stated in view of the fact that it appears a motion has been made and seconded, he would like to make further comments. He expressed the opinion that the motion made by Council Member Hawkins would be legal and urged that the Council accept Mr. Hawkins' motion. He also suggested to the Council that before they take a vote on this motion that they allow the public to speak. Council Member Zarsky then presented the following reasons for his suggestion: "(1) All ordinances require public reading and allow public comment, certainly this issue of termination of a recognized competent City Manager is of great public interest and concern. (2) Isn't it possible that people of this community might have some facts, experience, knowledge, common sense or wisdom that could be helpful in this very vital decision. (3) Isn't it possible that a prior decision made by this Council could be improved, based upon new facts, new analysis, new understanding. (4) Are we not the servants of the public? Don't we have a duty to listen to the intelligent, rational and responsive citizens of our City? (5) Why shouldn't we consider this situation like an appeal from the Planning and Zoning Board, and open the issue to the public, so that full and open discussion can be presented and a decision then based on all available information and help from every source. Is this matter of less importance than any zoning case that comes to the Council? (6) Why wouldn't a Council want to get information and opinions from citizens? a. If a Council person thinks their prior action is right, why should they be fearful to test their opinion of right in the light of facts, information or reasoning that could be available to them through public comment. Minutes Special Council Meeting October 3, 1981 Page 6 b. If a Council person thinks that the public is unaware of enough facts to comment rationally and intelligently and could not possibly help in finding the best solution, then such a council person has lost faith in his or her fellow citizens. c. Is there a fear in a council person that to change a predetermined position would be an indication of weakness? But isn't an admission by anyone that they could be wrong, or that they are open to reason, a sign of strength, courage and good judgment. d. Is there a fear in a council person that they might be ridiculed or rejected by the advocates of the first position taken. e. Is the unwillingness of a council person to hear public response, prior to making a decision, based on private personal reasons, rather than the good of all the citizens? f. Is the unwillingness of a council person to hear public response because of pride? If such is the case, then prayers for such a council person's forgiveness and deliverance are needed. "I make no accusations against any person on this Council. They alone know their intentions, but I can find no valid reason why the public should not be allowed to give us their facts, opinions, information, experience and wisdom to aid us in making the most important and vital decision that I have known about to affect the well-being of this City. "An injustice has already been done to Mr. Townsend by not giving him the opportunity of having an open meeting the first time this issue was brought up in an emergency closed session. An injustice was done to the people of this City in the same manner, and I firmly believe by such emergency Closed meeting that this Council has done an injustice to itself; by not having the valuable input of the people of Corpus Christi before such a far-reaching decision was made. We have denied justice to Mr. Townsend, the people of Corpus Christi, and ourselves. I plead with you let us not continue this injustice, but open our minds to the truth and our hearts to fairness and justice." Council Member Hawkins expressed the opinion that if Council Member Zarsky thought the action taken by the Council two weeks ago was illegal, he should not have participated in the closed meeting. Mr. Hawkins again pointed out that the City Attorney had not informed the Council that the action taken was irregular and pointed out Lhat throughout the year, the Council has discussed personnel matters without mentioning the position or person involved. He pointed out that City Manager Townsend had participated in those closed meetings, yet he now wants a public meeting when those employees were not tes .ial Council Meeting - October 3, 1981 Page 7 • allowed a public meeting. Council Member Hawkins continued by expressing the opinion that Mr. Townsend is writing his own resume and he felt that this situation speaks for itself. Mr. Hawkins also alleged that City Manager Townsend would have difficulty in finding a position as City Manager in another City because of the events that have occurred in the last few days. Council Member Dumphy stated that during the last meeting of the City Council, Council Member Zarsky finally made him understand why this meeting was necessary today and the reason he attended the meeting today was to correct any illegalities that may have occurred. He stated that he had been lured into emergency meetings and he thought that it was the usual procedure. He also stated that he appreciated anyone's opinion and those citizens who could get a phone call through to him, he had talked with them and explained the reason for his actions two weeks ago. Mr. Dumphy noted that Mr. Townsend requested that this be an open meeting and he did not do this the last time his resignation was considered. Council Member Dumphy then pointed out that Mr. Townsend has all of the qualities for a good City Manager and he was sure that everyone in this room felt that he did have, but the Council Members who voted to accept his resignation felt that he had a problem with delegating authority, and this was confirmed by the Texas Research League's Report. He assured the audience that the five Council Members have not formed a coalition as has been indicated and suggested that everyone go back and look at the records and see how votes are made, noting that very seldom are the votes the same among this Council. He also expressed the opinion that the public should not be singling out Council Member Gulley as the one who urged that the City Manager resign because all of the Council Members had reached that conclusion independently and they are just trying to do what is best for this City. Council Member Dumphy again stated that there is nothing wrong with Mr. Townsend in his service as City Manager but in his opinion, the City is too large for a one-man type of management. He agreed that Mr. Townsend has served this City well but in his opinion, there is a need for a new City Manager. He stated that he did not object to allowing the public to speak if that is what is desired, but the reason he is attending this meeting is to correct a legal problem. Minutes Special Council Meeting October 3, 1981 Page 8 Council Member Kennedy then addressed the same issue and stated that he would like to explain two accusations that had been made: (1) was the fact that the Council granted City Manager Townsend a salary increase three months ago, but the reason for the salary increase was because he was earning less than people under him and that is the only reason that the Council granted him a salary increase; and (2) the only reason that the Council is meeting today is to make the matter legal. He agreed that City Manager Townsend is a very nice person and has served well and the only reason this Council wants to change City Managers is because there is a need for a new one. He stated that he would recommend Mr. Townsend for any City Manager's job in any other City because he felt that he would do a very good job. Dr. Kennedy also pointed out that this City government is a $125,000,000 business and in his opinion, one man, even one as dedicated as Mr. Townsend, cannot run such a business single-handedly. He agreed that the City Council cannot obtain another Townsend because he is the best, but he felt that he still made the correct decision. Mayor Jones pointed out that the public has a right to speak on this issue and he was of the opinion that the Council should hear from the public before voting on Mr. Hawkins' motion. Mayor Jones noted that there is a difference of opinion between himself and five Members of the City Council on Mr. Townsend's service to this City. He stated that he has had a great deal of experience in business and the military and he still feels that Mr. Townsend performs very well for this City and has the capabilities of performing well in the future. He stated that he did object to the fact that the decision to ask for his resignation was made before it was ever brought up in the Council Chamber, and he felt that this generally understood by everyone. He expressed the opinion that anything that affects the City should provide the public an opportunity to speak. He said he had no question that four Members of the Council have the right to terminate the City Manager but he campaigned on the issue that he would not terminate Mr. Townsend; his opponent in the Mayor's race stated that he would terminate the City Manager; and pointed out that he had received 72% of the vote in that runoff election. He then called for public comment on this issue. tes ial Council Meeting October 3, 1981 Page 9 Ms. Marge Burden, 5401 Eden Lane, reminded the Council that citizens voted sometime ago for a Council -Manager type of government and expressed the opinion that this Council will never find a City Manager as good as Mr. Townsend. Ms. Burden also expressed her appreciation for Council Member Zarsky because of his stand on this issue and she hoped that in the future, Mr. Zarsky will consider running for Mayor. Mrs. Drusilla Knight, 3409 Crest Lake, pointed out that all of the legalities have been brought out by Council Member Zarsky and the point today is not whether Mr. Townsend is pleasing the Council but to provide citizens lheir right to comment on this decision. She stated that she felt that the Council had no right to make such a decision without giving the citizens an opportunity to speak. She stated that she is concerned that the Council had ignored the citizens and their concern about the fact that the action was taken illegally. She objected to the fact that a decision was made before citizens had an opportunity to address the matter. Mrs. Opal Sharrock, 3553 Bluebonnet, expressed opposition to the dismissal of Mr. Townsend stating that he had always attempted to assist her with her problems with the City as had City Secretary Bill Read. She expressed the opinion that there are some sewer problems and other problems in the City, but this is not the fault of the City Manager but the fault of the engineers. She stated that she was of the opinion that Marvin Townsend is the best City Manager that this City could ever have. Mr. David Saenz, 1430 - 17th Street, stated that the citizens did not want Mr. Townsend to make a good City Manager for another City, they want him to be City Manager of this City. He agreed that it is true that other Councils have also urged Mr. Townsend to delegate more authority, but it was his opinion that Mr. Townsend could not delegate more authority because he had to answer all of the questions that the Council presented to him, and if he did not understand the situation, there was no way that he could answer such questions. He urged that the Council change their minds and not accept Mr. Townsend's resignation. Minutes Special Council Meeting October 3, 1981 Page 10 Mr. Charles Kaler, 461 Poenisch, stated that he was born here in Corpus Christi and has served with Council Member Dumphy at Charter Savings. He stated that he is not here to defend any of the Council Members, but the City does have a Council -Manager form of government; the citizens elected each and every one of the Council Members; and unfortunately, the action that this Council decided to take has created questions in the minds of businessmen in this City, and they question this Council's ability to select a new City Manager. He urged that the Council be judicious, inspired, and become better Council Members than they have been in the past. Ms. Ursula Burkman, 3356 Floyd Street, stated that she has never appeared in public before, particularly, before the City Council. She addressed Council Member Hawkins and stated that she had a copy of the Open Meetings Law which only took her about two minutes to obtain in the City Secretary's Office and suggested that he could have done the same thing in that length of time if he wanted a legal opinion. Ms. Burkman quoted from the state statute containing the Open Meetings Law. Ms. Burkman then informed Mr. Hawkins that he was the one who should have asked City Attorney Aycock for information since the Council are elected people, the City Attorney is an employee, and it is his perogative to ask employees for information. She then expressed the opinion that the spirit of the law concerns emergencies as opposed to public necessity and to her, an emergency means something such as a disaster and questioned why discharging the City Manager was an emergency. She expressed the opinion that the emergency was declared to prevent the public from speaking in regard to the discharging of Mr. Townsend as City Manager. She informed the Council that the first citizens heard about the matter was on the news after it had already happened and she objected to this. Mr. Roger Wright, 4422 So. Alameda, stated that he represented the Citizens for Townsend Committee and urged that they not go through with the action today to fire City Manager Townsend. He reminded the Council that he had appeared before urging that the Council change their mind and allow Mr. Townsend to remain as City Manager and at that time, his group assured the Council they will not threatenthem with a recall election. He again urged the Council to listen to the people and retain Mr. Townsend as City Manager. He • utes :cial Council Meeting ..,ctober 3, 1981 Page 11 stated that he realized that they probably have their minds made up and nothing will change their minds. He, too, referred to the emergency type of situation and expressed the opinion that it was called an emergency because they felt that they had to force Mr. Townsend to resign before the issue became too much to handle. He referred to comments that the five Council Members have made to the news media in which they could not remember what had happened, the sequence of events, or how various issues were presented. He stated that in his opinion, the Council's coalition fell apart. He stated that the fact that the Council has called this meeting today does not rectify what they did on September 16. He warned the Council that when they are through with their meeting today, they should not think that the citizens will forget. He stated that the citizens came to this meeting today to find out why Mr. Townsend was fired, and no one has said anything except that he did not delegate authority and that Mr. Townsend is too visible to the media. He stated that a previous Council also did not like for City Manager Townsend to inform the citizens about what was going on at City Hall. Mr. Wright concluded his remarks by stating that in his opinion, the next 18 months will be the longest period of time a lame -duck Council has ever served. Dr. John W. Chriss, 4115 Meridian, stated that he questioned the manner in which Mr. Townsend was asked for his resignation because obviously a prior decision was arrived at before the meeting was even called. Mr. Irvin Brown, 151 Jade, reminded the Council that when they are talking in terms of operating a big business, they should compare this to operating a business such as the United States. He pointed out that the President of the United States has many advisors but must make the final decision himself. He stated that he has known Mr. Townsend for a long time, and at one time in this City, there was a closed door policy at City Hall to Mexican -Americans and Blacks, but Mr. Townsend gave the minorities an opportunity to speak. He accused the Council of forgetting that they are supposed to represent the people and they should consider the feelings of their constituents. Mr. Neill Simon, 4902 Saratoga, reminded the Council that on April 4, 1981, a majority of the citizens voted and elected this Council. He then urged that the Council abide by their previous decision. Minutes Special Council Meeting October 3, 1981 Page 12 Mr. C. M. Reynolds, 922 Cunningham, stated that he has worked with Mr. 'Townsend for many years; he has worked with him on all major bond projects that this City has had; he knows him to be one of the most intelligent, brilliant young man that he has ever worked with. He then asked the Council why they stated that they are looking for someone with new ideas. He stated that he thought that that was the reason the Council Members were elected -- to present new ideas. He pointed out that the City Manager is just the one who carries out their ideas. He alleged that the Council's statements indicate that they cannot perform. He also pointed out that the City has to go to Standard & Poor's for a bond rating and predicted that without City Manager Townsend, the rating will be lower than the one the City has now. He stated that he hoped that when they came into this Council Chamber in the future that they ask God for forgiveness. Reverend Harold Branch, 1709 Stillman, stated that he has been here in Corpus Christi for 26 years; he came to Corpus Christi the same year as Mr. Townsend; and over the years, they have had many dealings together seeking the improvement of Corpus Christi. He stated that they have worked together on the Community Action Agency Board; he has worked with him on the Corpus Christi Housing Authority; and served with him from 1971 to 1975 when he was a Member of the Council and worked with COG. Reverend Branch also informed the Council that he was here to provide testimony of what he has found Marvin Townsend to be. He stated that at the time he served on the Council, City Manager Townsend picked the Council Members' brains to see what kind of new ideas they had and they informed him of what they wanted. He stated that Mr. Townsend always looked for guidance from at least four Council Members and that is the direction that he took. He stated that he was very surprised to learn about Mr. Townsend's senility and how old he has suddenly become. Reverend Branch also pointed out that everywhere he looks there are improvements in this City, and Mr. Townsend has been responsible for all of these improvements. He expressed the opinion that this City is a good City because of Mr. Townsend's concern. He stated that he has always heard that Mr. Townsend did not delegate authority, but even ten years ago, he knew that Mr. Townsend was working with his Staff for the City and he still does. He expressed the opinion that Mr. Townsend has done a tremendous job and he Alliktes ial Council Meeting October 3, 1981 Page 13 still has no idea what the Council's decision was based on because he still has not heard why the Council has fired Mr. Townsend. He concluded his remarks by stating there are people in this City who appreciate Mr. Townsend and wish him the very best. Ms. Mary Rhodes stated that she was speaking as a private citizen and when she heard that Mr. Townsend was asked to resign, she was quite shocked. She stated that she had attended many Council meetings, and everyone can see how efficient and knowledgeable he is. She stated that at those meetings, she has heard Council Member Dumphy ridicule Mr. Townsend. She also mentioned the fact that there was a lot of talk about religion when this Council first took office and everyone was very impressed and hopeful but questioned whether there was any religion on this Council in view of the fact that they have fired Mr. Townsend in the manner that they did. Mrs. Louise Vickers, 7 Hewit Place, stated that today she had waited for her mail because at the last meeting in which she spoke she had asked for an answer in the mail or in the news media as to why Mr. Townsend was discharged. She had never heard from anyone except Mayor Pro Tem Turner who did discuss it with her after the meeting two weeks ago. She stated that the only thing she received in the mail today was a tax statement from the City. She stated that the citizens still feel that they are due an explanation. She urged that Mr. Townsend be allowed to work for just six months more and see if he cannot do a better job of pleasing the Council. She pointed out that Council Member Dumphy had admitted today that the City Council votes are never the same on any issue and she felt that there was no reason that some of the Council Members could not change their votes today. Mr. Jesse Bond, 4106 Tarpon, expressed the opinion that Mr. Townsend has done a wonderful job for the City of Corpus Christi and urged that the Council change their minds on this matter. Ms. Millie Cobb, 12922 E. Redbird, informed the Council that there is a big solid group of the silent majority who thank the Council for their action. No one else spoke in regard to this matter. Mayor Jones called for the vote on the motion and reviewed the motion that it was to be voted on under the terms that were considered in the closed meeting. Minutes Special Council Meeting October 3, 198] Page 19 The motion passed by the following vote: Turner, Dumphy, Gulley, Hawkins and Kennedy voting, "Aye"; Jones and Zarsky voting, "No". There being no further business to come before the Council on motion by Gulley, seconded by Hawkins and passed unanimously, the Special Council Meeting was adjourned at 9:38 p.m., October 3, 1981.