HomeMy WebLinkAboutMinutes City Council - 11/24/1987 - Special (2)MINUTES
SPECIAL COUNCIL MEETING
BAYFRONT PLAZA CONVENTION CENTER, ROOM 224
NOVEMBER 24, 1987
5:00 P.M.
PRESENT
Mayor Betty Turner
Mayor Pro Tem Mary Rhodes
Council Members:
David Berlanga, Sr.
Leo Guerrero
Clif Moss
Bill Pruet
Mary Pat Slavik
Linda Strong
City Manager Craig McDowell
City Attorney Hal George
City Secretary Armando Chapa
Frank Mendez was at the meeting with his attorney, Mr. Larry Adams.
Representing the Petitioners was Attorney Jon Kelly.
Mayor Betty Turner called the meeting to order in the Bayfront Plaza
Convention Center and stated that the purpose of the meeting was to conduct a
hearing in response to the Petition to remove Council Member Frank Mendez. (A
transcript of the proceedings is attached to the official copy of the Minutes
and is incorporated herein by reference.)
City Attorney Hal George questioned the presence of Attorney Jon Bonilla as
Co -Counselor for Jon Kelly. Attorney Kelly explained that his partner, Mr.
Neipert, was not able to assist him; therefore, Mr. Bonilla offered his
assistance.
A motion was made by Council Member Linda Strong objecting to the presence
of a second counselor. The motion was seconded by Council Member Bill Pruet and
passed with Council Member Berlanga not voting.
Witnesses were sworn in by Mayor Turner and sequestered until such time as
they were called to testify. City Attorney George requested that subpoenaed
witness Craig McDowell be allowed to stay in the hearing room since he is a
Council Charter Officer. Permission was granted.
Mayor Turner announced opening statements regarding procedures. She stated
that an affirmative vote of five will be required to remove Council Member
Mendez. She also announced that City Secretary Chapa will be the official
timekeeper. She stated that Attorney Dick Stone shall serve as Counselor for
the Council.
MICROFILMED
:cial Council Meeting
_.ovember 24, 1987
Page 2
Attorney Jon Kelly made his opening statements on behalf of the
petitioners.
Attorney Larry Adams provided his opening statements on behalf of Council
Member Mendez.
After discussion, a motion was made by Council Member Moss to reconsider
the motion that was passed at the Pre -Hearing Meeting in reference to further
questioning of the petitioners. The motion failed by the following vote:
Strong, Pruet, Moss, and Turner voting, "Aye"; Slavik, Rhodes, Berlanga, and
Guerrero voting, "No."
Attorney Kelly called the following witnesses:
Petitioners: Steve Morales, 5218 Carriage Lane; Andrew Sabol, 1606 E.
Manor Drive; Trixy Y. Ybarra, 4221 O'Day; Rachel R. Rosales, 1902 Sherman; and
Merced E. Gonzales, who was not present. The petitioners were asked their name,
address, if they were qualified registered voters and if they had in fact signed
the petition. They answered affirmatively.
Attorney Kelly called the following witnesses:
Frank Mendez, 10917 Mayfield.
Berney Seal, Berney Seal Company.
The meeting recessed at 11:30 p.m. to reconvene at 9:00 a.m., November 25,
1987.
Mayor Turner reconvened the Special Council Meeting at 9:00 a.m., November
25, 1987.
The following witnesses were called to testify:
Craig McDowell, City Manager
Armando Chapa, City Secretary
Dorothy Zahn, Assistant City Secretary
Manuel Narvaez, 637 Jenson Drive
Carmen Perez, Secretary of Steelworkers Union
Joe Galan, ILA #26
Tom Utter, Assistant City Manager
Ken Kohrs, Property and Land Acquisition
Ray Alvarez, Property and Land Acquisition
Jimmy Adame, Appraiser, Sidney Smith
Gail Seal, Berney Seal Co.
:ciai Council Meeting
..ovember 24, 1987
Page 3
Each attorney was granted 30 minutes for closing arguments. Attorney Kelly
spoke for ten minutes after which Attorney Adams and Frank Mendez gave their
closing remarks. Attorney Kelly then made additional remarks.
The Council went into closed session at 6:45 p.m.
After all testimony of witnesses and closing arguments of counsel, the City
Council deliberated and returned at 8:35 p.m.
Mayor Turner inquired if someone wished to make a motion.
Council Member Guerrero stated he had a three part motion, as follows:
Part A: Frank Mendez violated Article II, Section 11 of the City Charter
by willfully violating the following applicable law in regard to Conflict of
Interest and/or Code of Ethics: Article 5, Corpus Christi City Code of Ethics,
Section 2-311.
Part B: The City Council finds and hereby orders that Frank Mendez be
forthwith removed from the City Council and declares his seat on the City
Council vacant immediately.
Part C: The City Council directs that the complete statement for the
reasons of this removal shall consist of the First Amended Article of
Impeachment which are hereby found to be true and which shall be approved by the
Mayor and filed with the City Secretary along with these conclusions and
findings.
The motion was seconded by Council Member Moss. The motion passed by the
following vote: Berlanga, Guerrero, Slavik, Rhodes, and Moss voting, "Aye";
Strong, Pruet, and Turner voting, "No."
There being no further business to come before the Council, the hearing
adjourned at 8:40 p.m., November 25, 1987.
I HEREBY CERTIFY that the foregoing is a true and correct copy of the
Minutes of the Special Council Meeting of the City of Corpus Christi of November
24, 1987, which were approved by the City Council on December 22, 1987.
WITNESSETH MY HAND AND SEAL, this the lI=-- day of
r
Betty Tur er, MAYOR
( 4
Armando Chapa, City Secretary
City of Corpus Christi