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HomeMy WebLinkAboutMinutes City Council - 02/07/2003 - SpecialI 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 February 7, 2003, which were approved by the City Council on February 18, 2003. WITNESSETH MY HAND AND SEAL, this 18th day of February 2003. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Special Council Meeting February 7, 2003 - 9:00 a.m. PRESENT Mayor Samuel L. Neal, Jr. Mayor Pro Tem John Longoria Council Members Javier Colmenero Brent Chesney Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott City Staff City Manager David R. Garcia Deputy City Manager George Noe Acting City Attorney R. Jay Reining City Secretary Armando Chapa Mayor Neal called the meeting to order in the Council Chambers of City Hall. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required Charter officers were present to conduct the meeting. Mayor Neal stated that City Council was going into executive session pursuant to Texas Government Code Sections 551.071 and 551.074 to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session. The following motions were made: Mayor Neal made the following motion, seconded by Council Member Garrett and passed: C.1. M2003-042 Motion pursuant to Section 3(B) of the Employment Conditions and Salary for City Manager David R. Garcia approved by Resolution No. 023333, June 9, 1998, 1 move that the City Council suggest to City Manager David R. Garcia, that he resign. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye". Mr. Garcia read the following signed statement. "In response to the suggestion of the City Council made by motion on this date, I hereby resign my position as City Manager of the City of Corpus, Texas, effective immediately. Pursuant to Section 3(B) of the Employment Conditions and Minutes - Special Council Meeting February 7, 2003 - Page 2 Salary for City Manager David R. Garcia approved by Resolution No. 023333, June 9, 1998, I hereby opt to be deemed terminated as of the date of this resignation for all purposes of Section 3 of said Employment Conditions and Salary." Mayor Neal made the following motion, seconded by Council Member Garrett and passed: C.2. M2003-043 Motion that the City Council accept the Resignation of City Manager David R. Garcia tendered this date, and acknowledge that David R. Garcia will be entitled to the Severance Pay pursuant to Section 3 of the Employment Conditions and Salary for City Manager David R. Garcia approved by Resolution No. 023333, June 9, 1998. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye". Mayor Neal then read a prepared statement stating the reasons for the action taken. (Statement attached). Mayor Neal then made the following motion, seconded by Council Member Kelly and passed: C.3. M2003-044 Motion that the City Council appoint George K. Noe as Acting City Manager of the City of Corpus Christi, Texas, at a periodic rate equivalent to an annual salary of $135,000 and a annual car allowance of $7,200. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye". There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 10:35 a.m. on February 7, 2003. * * * * * * * * * * STATEMENT OF MAYOR LOYD NEAL While individual Council members may have additional reasons, I believe there is consensus on the Council that the following reasons necessitate our action today. First, the City Manager has too often failed to provide us with information we need to do our job as the elected representatives of the people of Corpus Christi. The latest incident with the Landry's negotiation is illustrative. No project is of more vital interest to the citizens and the Council. With the concerns about communication previously expressed by the Council, it should have been a very high priority for the City Manager to assure that Council members had information on key Landry's issues. His failure to do so indicates a fundamental and continuing lack of attention to Council needs. Second, the City Manager has engaged in a personal relationship with a subordinate. That relationship reflects bad judgment. Such relationships are detrimental to the City because they can create the perception of special treatment and can lead to employment claims against the City. Third, the high level of trust required for an effective relationship between the Council and Manager has been seriously impaired by the City Manager's failure to heed Council member's concerns about communication and by the personal relationship. The ultimate purpose of both the Council and the Manager to provide the citizens with the most effective government possible cannot be accomplished in this environment. Fourth, trust by the public is undermined by these issues. This Council has worked very hard to raise that public trust through improved financial policies and other actions, and the public has responded with support for important public initiatives such as streets, parks, seawall, arena, and Packery Channel_ It is vital that this level of public trust continue and grow Fifth, because of the deterioration of the critical relationship between the Council and Manager, it can no longer be said that David Garcia is the best choice to manage the City at this time David himself has become an issue for many citizens, creating a negative for Council/Manager government. The Council simply believes that another Manager can be found who will work more effectively with the Council to carry out carry out the important projects that lie ahead. 1 do not want to be understood as diminishing David's accomplishments in the last five years. He has contributed significantly to the exceptional progress we have made together. We simply believe that a new manager can lead us more successfully from this point.