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11-18-1986 (City Council) Agenda Packet AGENDA CALLED MEETING - CITY COUNCIL CITY OF WYLIE, TEXAS TUESDAY, NOVEMBER 18 , 1986 7:00 P.M. WYLIE HIGH SCHOOL CAFETERIA CALL TO ORDER INVOCATION ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 Conduct PUBLIC HEARING at the request of Councilmember Sandra Donovan, as provided by the City Charter, to answer charges of the recall petition . 2 Call for election for the recall of Councilwoman Sandra Donovan. 3 ADJOURN Response of Sandra Donovan to Charges of Incompetency and Non-Compliance with Wylie' s Charter Public Hearing November 18, 1986 CHARGE 1 . Mrs. Donovan violated Wylie' s City Charter (Art. III, Sec. 8 . C. and Art. IV, Sec. 7. A. ) by giving a direct order to a City Employee at various times during the month of May, 1986, by ordering a member of the Police Department to pick her up at her residence and take her for a ride around the City. Further, Art. III, Sec. 6 . B. (2) of said charter provides for the express forfeiture of office when any provision of Sec. 8 of said Art. III is violated by a councilman (or mayor) . Art. III, Sec. 8 . C. of Wylie City Charter provides : C. INTERFERENCE WITH ADMINISTRATION Except for the purpose of inquiries and investigations as provided by this charter, the city council or its members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately, except as otherwise provided in this charter. (Emphasis added) . Art. IV, Sec. 7. A. provides : SECTION 7 : PERSONNEL SYSTEM A. Neither the city council nor any of its members shall request or direct the appointment of any person to, or his removal from office or employment, by the city manager or any of his subordinates; provided that the appointment or removal from office of department heads shall be subject to approval of the city council. Except for the purposes of inquiry, the city council and its members shall deal with the city' s administrative service solely through the city manager. And, neither the city council nor its members shall give orders to any subordinates of the city manager, either publicly or privately, except as may be provided in this charter. (Emphasis added) . CHARGE 1186423/D7/11 : 18 :86: 11 : 43 Page 1 RESPONSE My contact with Lt. Holley was for an inquiry. I had received four or five calls from citizens concerning some police matters - one specifically asked me to talk with Lt. Holley about police moral. I called Lt. Holley at work and said I would like to talk with him. He said fine. I asked if that afternoon would be alright. He said it would be. I asked what time he would like me to come down to the police station. He said if we meet in the police station we would be interrupted by the phone and people coming in and out. He asked if I mind talking in the police car as he drove around the city. I said that would be alright with me. So he said fine I ' ll pick you up at 1 :00 p.m. I have checked with Lt. Holley since this charge has been made and he has told me that the above statement is correct and that I have never given him any order. He further told me that no one (except me) ever checked with him before or since this charge has been made. This charge is totally false and without any merit. CHARGE 1186423/D7/11 : 18 : 86: 11 : 43 Page 2 CHARGE 2 . Mrs. Donovan violated Wylie' s City Charter when she solicited and obtained sufficient votes to exclude the city manager from the deliberations concerning the residential qualifications of Councilman Harold Spence. This was in direct violation of Art. IV, Sec. 1 . E. (4) of Wylie' s City Charter. Art. IV, Sec. 1 . E. (4) of city charter provides: E. DUTIES The city manager shall be empowered to: (4) Attend all city council meetings and have the right to take part in discussions, but he shall not vote. RESPONSE When we entered the library for our Executive session (closed to the public by law) I asked Mayor Hughes if the city secretary and city manager could be excluded from our discussions. He said he didn't care if they're present or not, but it' s whatever the majority of the council wanted. He then asked if we wanted Gus and Carolyn out of the meeting and all council members (Bud, Harold, Cal, & Myself) shook their heads yes. This was not a council meeting but an executive closed session. The charter does not give the city secretary or the city manager any right to attend council executive sessions over the objection of a majority of the council. It is unfair to single me out for recall because I ask a question and the mayor ask the council their wishes and a majority expressed their opinion to conduct the executive session without the city manager and city secretary being present. CHARGE 1186423/D7/11 : 18 :86 : 11 :43 Page 3 CHARGE 3 . Mrs. Donovan violated Art. III, Sections 8 . B. and C. of Wylie ' s City Charter when she made derogatory written statements against a city employee who was under the sole direction and control of the city manager by insisting such statements be placed in that employee's personnel file. Additional authority as to such control and supervision by the city manager is found under Art. IV, Sections 6. C. and 7. A. Art. III, Sec. 8. B. and C. of the charter provides: SECTION 8 : PROHIBITIONS B. APPOINTMENTS AND REMOVALS Neither the city council nor any of its members shall in any manner dictate the appointment or removal of any city administrative officers or employees whom the city manager or any of his subordinates are empowered to appoint, but the city council, at a meeting called for that purpose, may express its views and fully and freely discuss with the city manager anything pertaining to appointment and removal of such officers and employees. (Emphasis added) . C. INTERFERENCE WITH ADMINISTRATION Except for the purpose of inquiries and investigations as provided by this charter, the city council or its members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately, except as otherwise provided in this charter. (Emphasis added) . RESPONSE A city employee (city manager 's secretary) called a council member (me) a "bitch" in an open council meeting. After speaking to the city manager about the incident and getting no positive action, I, with advice of the Texas Municipal League' s legal counsel, wrote a letter to the city manager summarizing what had happened that evening. I also wrote a separate letter to the CHARGE 1186423/D7/11 : 18 : 86: 11 :43 Page 4 city manager specifically stating my opinion that his decision in this matter was not satisfactory. I then asked that the letters be put in the secretary' s personnel file. I also asked the city manager to have the council discuss the issue in a regular meeting or executive session. The city manager ignored this request. I had no dealings directly with the city manager's secretary over this incident. I have violated neither of the provisions of the city charter quoted above. I did not dictate any action to the city manager. I did express my opinion in the form the Texas Municipal League attorney told me was proper. CHARGE 1186423/D7/11 :18 : 86 : 11 :43 Page 5 CHARGE 4 . The incompetency and ineffectiveness of Mrs. Donovan is amply demonstrated by the fact that she has caused to be placed on the agenda for the city council only the following items during the approximately six (6) months she has been on the Council: a. Termination of the city manager (three times) . b. The appointment of Wylie' s representative to the North Texas Municipal Water District. c. The futile effort on August 26, 1986 to remove Mayor Pro-Tem Joe Fulgham by offering five (5) separate agenda items : (1) to consider "qualifications of Joe Fulgham to continue in office"; (2) to appoint person to fill his place; (3) to administer oath to his replacement; (4) to elect Mayor Pro-Tem; and (5) "appointment of temporary replacement for city manager. " No constructive or positive matters for the general good or benefit of Wylie has been promoted by Mrs. Donovan, but she has been instrumental in obtaining the resignation of the mayor and two councilmen due to her derisive behavior. RESPONSE Even if every allegation under Item No. 4 were true, which it is not, it would not be sufficient grounds to support a recall. In addition to the items which are listed in this charge that I have placed on the agenda I have also caused to be placed the following items and many others on the agenda: 1 . Lowering residential speed limit. 2. Municipal complex to bond election. 3. Financing of complex by bond issue not lease - purchase. 4. Street resurfacing program. 5. Suggest names of citizens for appointment to Parks and Recreation and P & Z & NTMWD Board. The charges under Item No. 4 are indicative of the entire political issue at stake in this recall matter. It is CHARGE 1186423/D7/11 : 18 : 86 : 11 :43 Page 6 interesting to note that there is no alleged violation of any provision of the City Charter of Wylie! The allegations are totally political in nature and are an attempt on the part of the city manager and a few supporters of his to intimidate me. These charges say simply we don't like the positions that she has taken. The underlying issue is who makes the policy for the City of Wylie -- the mayor and city council or the city manager. I believe that the elected officials should make the policy decisions and that the city employees should carry out those decisions . I do not believe it will ever work in a democracy if the roles become reversed. It is this belief of mine which has caused the city manager and others to attack me and to seek to intimidate me and hopefully get me to resign or be recalled. I must admit that their efforts to date have given me and my family a great deal of discomfort and inconvenience. I will hasten to add, however, that their efforts will not be successful, they will not intimidate me! I will not resign. I intend to serve out my entire term the voters elected me for no matter how unpleasant these few people try to make my service. The issue is much greater than Sandra Donovan. The issue is will an elected representative of the people of the City of Wylie be allowed to complete a term of office. This issue is basic to our democratic principles of government and it is of vital importance to the future of our city. This principle is worth fighting for! The suggestion that I have "been instrumental in obtaining the resignation of the mayor and the two councilmen" due to my derisive behavior is totally untrue and is disputed by the three council members who have resigned in statements which are attached to this response and is refuted by the mayor in his resignation statement in the minutes of this council for a meeting held July 22, 1986. CHARGE 1186423/D7/11 : 18 :86: 11 :43 Page 7 1 L.CU!1.1 JL'tj ue 1825 7. 544 Wylie, Texas 75098 Yovember 17, 1986 Irs. Sandra Donovan 337 Hilltop Wylie, Texas 75098 Dear Sandra: Let me take this opportunity to make this public statement, again, concerning my resignation from the 'Wylie City Council in July of 1986. Your service on the City Council had nothing to do with my resignation. The time that I served with you on the City Council was en- joyable. I feel that your research on the agendas was very thor- ough , as well as an asset to the city. '.,'hen annexation or zoning of property was on the agenda, you would take the time and effort to drive by the property and inspect it; the majority of the City Council does not do this. I feel assured that your concerns in- clude an improved police and fire department. You have genuine concerns for the citizens and the City of Wylie. I am aware that you do not agree with some of the policies that are now under consideration; hopefully, you will be given the opportunityiDExercise your convictions, as the citizens of '.'yl;e elected you to do. I feel the current recall petition against you is based on political issues rather than legitimate claims. You may be assured that you have my continued support, as .you are a very strong in- dividual, who does not succumb to political pressure. Since ely, Qja Harold Spence YS/at November 17, 1986 To Whom It May Concern : This letter is being written to dispell recent allegations made concerning my resignation from the Wylie City Council . My resignation was made due to personal reasons and was not a result of anyone' s influence . Sandra Donovan was in no way a factor in my decision to resign from the City Council . Lowell S. Brewster November 17, 1986 To Whom It May Concern: Once again I want the citizens of Wylie to be made aware that my resignation as a member of the City Council was not in any way due to Sandra Donovan. I believe it is time for some people to begin to think in terms of going ahead with business that pertains to Wylie and allow the people who have been elected to serve and make the decisions in matters concerning our city. In a democracy we allow people to serve the term to which they have been elected, and if at the end of their term we are not satisfied with their performance, we replace them. I believe it is time to start allowing people to have an opinion that might not necessarily be the same as yours if we are going to maintain the "democratic spirit" that has always been in Wylie. Sig i erely, e_ X)6--dit_ Geline Dodd CHARGE 5 . Mrs. Donovan has consistently and blatantly disregarded the reasonable and orderly rules and procedures as established by the City staff by refusing to complete the agenda requests. The city manager has the responsibility to prepare and accept items for inclusion in the official agenda of all city council meetings (ART. 4 , Sec. 1 .E. (7) ) . These procedures and forms are designed for the orderly conduct and flow of the City' s business and should be observed by the citizens of Wylie and the councilpersons of Wylie alike. Art. 4, Sec. 1 . E. (7) of the charter provides: (7) Prepare and submit to the city council, an annual report on the finances and administrative activities of the city, as of the end of the fiscal year, such report to be due not later than one hundred twenty (120) days after the end of the city' s fiscal year. The report of individual audit, as required by this charter, shall be incorporated into the annual report submitted by the city manager. RESPONSE Charging me with a violation of a provision of the charter concerning the "annual report on finances, . . . " shows the viciousness and carelessness of these people. Since I have no responsibility under (7) I could not possibly have violated it. They apparently were intending to charge me with violation of Art. 4, Sec. 1 . E. (5) . I have not violated that provision of the charter either. Our city charter Sec. 12 provides: SECTION 12: RULES OF PROCEDURE The city council shall, by ordinance, determine its own rules and order of business, and the rules shall provide that citizens of the city shall have a reasonable opportunity to be heard at any meeting with regard to any matter under consideration. . . . (Emphasis added) . The city manager rather than the city council has adopted a form for placing items on the agenda. This form has never been submitted to the council for their approval. Two other council CHARGE 1186423/D7/11 : 18: 86: 11 : 43 Page 8 members and I had requested that an item be placed on the agenda concerning whether or not Joe Fulgham currently met the residential qualifications to remain on the council. I asked the city manager to place the item on the agenda at the request of the two other council members and me. The city manager asked me to sign an agenda form which implied that I alone had requested this item to be placed on the agenda. I told him that that was not accurate because Cal and Chuck had also submitted this item. I asked Gus to call Cal and Chuck and confirm with them but he refused. This form which the city manager prepared was never a procedure required by ordinance before an item could be placed on the agenda. The city manager did this on his own volition without submitting this item to the council for their approval. The city manager has not followed Section 12. CHARGE 1186423/D7/11 : 18: 86: 11 :43 Page 9