11-18-1986 (City Council) Minutes 50
CALLED CITY COUNCIL
MEETING - MINUTES
NOVEMBER 18, 1986
7 :00 P. M.
The Wylie City Council met in regular session on Tuesday,
November 18 , 1986 at 7 :00 P. M. in the Wylie High School
Cafeteria. A quorum was present and notice of the meeting
had been posted for the time and in the manner required by
law. Those present were Mayor Pro Tem Joe Fulgham, Council
Members Don Hughes, Chuck Trimble, Calvin Westerhof, and
Sandra Donovan, City Manager Gus Pappas, City Secretary
Carolyn Jones, Finance Director James Johnson, several news
media representatives and approximately 100 citizens.
Mayor Pro Tem Fulgham called the meeting to order and gave
the invocation.
PUBLIC HEARING AT THE REQUEST OF COUNCILWOMAN SANDRA DONOVAN
AS PROVIDED BY THE CITY CHARTER: Mayor Pro Tem Fulgham
stated that this public hearing was for Councilwoman Donovan
to answer to the charges that have been brought against her
in a petition for recall. The Charter in Article Six , Sec.
1 states: "The qualified voters of the City of Wyie shall , --1*,,
by following the procedures set out in this charter, have
the power to propose ordinances to the city council , to
requrie reconsideration by the city council of any adopted
ordinances, and to revoke the office of any elected city
official . Article Six, Section 8 , An elected official whose
removal is sought by recall may, within five (5) days after
such recall petition has been presented to the city council ,
request that a public hearing be held to permit him to
present facts pertinent to the charges specified in the
petition. Should such a request be made, the city council
shall order that a publc hearing be held not less than five
(5) days nor more than fifteen (15) days after receiving
such request for a public hearing. " Mayor Pro Tem Fulgham
asked Councilwoman Donovan if she wanted to make a
statement.
Councilwoman Donovan thanked everyone for coming and taking
time away from their families. The following is a copy of
the statement Councilwoman Donovan read .
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
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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
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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
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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
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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
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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
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Page 6
interesting to note that there is no alleged violation of my
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
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Page 7
1.oG J J. JY't
Wylie, Texas 75098
Yovember 17, 1986
P1rs. 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 ':lylie 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
:lylie. I am aware that you do not agree with some of the policies
that are now under consideration; hopefully, you :•gill be given the
opportunityto ecercise your convictions , as the citizens of 'Jylie
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.
4Since ely,
d
: Ata
arold Spence
TIS/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.
Si erely,
•
•
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
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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
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Page 9
51
Councilwoman Donovan said " in conclusion, it is my
understanding that the City Charter of the City of Wylie and
the laws of this state require that all of the expenses of a
recall effort are to be borne by the p[etitioner' s committee
and not the taxpayers. Before this council votes on whether
or not this Recall Peittion should be placed on the ballot,
I think the following questions should be answered:
1 . Who is going to pay for the recall election if one
is held? The taxpayers or the petitioners
committee?
2 . Our City Attorney has been required to give legal
advice on this recall matter and should his fees for
this advice be paid by the taxpayers or the
petitioner' s committee?
3 . The City Manager, City Secretary and the City
Manager' s Secretary have all spent substantial
amounts of time in various aspects of this recall
effort and should the petitioners committee
reimburse the taxpayers for the time they spent
during their regular office hours on any part of
this recall matter?
I ask you as my fellow City Council Members for the City of
Wylie to vote no on the issue of placing this recall
election on the ballot because the charges even if they were
true, which they are not, simply do not justify a recall
vote.
If you choose to vote to place this matter on the ballot it
will not effect my willingness to work with you as members
of this Council for the betterment of the City. However, I
do intend to pursue this matter as faqr as it is necessary
including courts, because I believe that the principle
involved is well worth the effort required to continue the
fight. Thank you very much for your kind attention.
Mayor Pro Tem Fulgham wanted to know if Councilwoman Donovan
wanted to discuss the questions she had just asked .
Councilwoman Donovan asked what questions . Mayor Pro Tem
Fulgham said the ones about who will pay for all these
expenses . Mayor Pro Tem Fulgham said the Charter states
that the voters of the City have the power to ask the
council to reconsider ordinances or recall an officer .
Mayor Pro Tem Fulgham than stated that if this public
hearing had been held earlier , this item would have been put
on the December 6th ballot and there would not have been any
52
extra expense for another election. These petitioners are
tax payers, they believe that anything they request of the
City Council will be taken care of. The attorney' s fees
falls into the same category as all the thousands of dollars
of attorney fees that have been caused by you, Sandra
Donovan, over the last months since April that have been
unnecessary.
Mr. Louis Nichols, Attorney, said that these are expenses
that should be paid for by the City in his opinion right
now, this would be subject to checking tomorrow. He had
never heard of anyone expecting the committee to pay for
such chargers.
CALL FOR ELECTION FOR THE RECALL OF COUNCILWOMAN SANDRA
DONOVAN: Mayor Pro Tem Fulgham stated that Article Six ,
Section 10 says "If an officer whose removal is sought does
not resign, then the city council shall order an election
and set the date for holding such recall election. The date
selected for the recall election shall be the first date
permitted by law for holding said election after twenty-five
(25) days after the date the petition was presented to the
city council , or from the date of the public hearing , if one
was held. " Mr. Louis Nichols, attorney, said a recall maybe
held any time after the twenty-five (25) days and the first
date available would be December 20, 1986 .
Motion was made by Mayor Pro Tem Fulgham to call for an
election for the recall of Councilwoman Donovan to be held
on December 20, 1986 . Seconded by Councilman Hughes. The
vote was as follows : Mayor Pro Tem Fulgham - in favor,
Councilman Trimble - against, Councilman Westerhof -
against, Councilman Hughes - in favor, and Councilwoman
Donovan - against. There was no decision on this motion,
with three against and two in favor. The City Charter
states it takes four votes to pass or deny action.
Mayor Pro Tem Ful said to Mr. Nichols that the citizens
may petition t, A. t Court to have this election
called. �Av k k,
Motion was ina a t d�'ou n with all in favor.
SEAL = �1
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oly ne , City Secretary