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12-01-2003 (City Council) Minutes MINUTES SPECIAL CALLED MEETING Wylie City Council Monday, December 1, 2003 — 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North CALL TO JRDER Mayor John Mondy called the meeting to order at 6:30 p.m.,with the following council members present: Mayor Pro Tem Eric Hogue, Councilwoman Reta Allen, Councilman Merrill Young, Councilman J. C. Worley, Councilman Chris Trout, and Councilman Randal Shinn. Staff members present were: Assistant City Manager, Mindy Manson; Public Information Officer, Mark Witter, and City Secretary, Carole Ehrlich. INVOCATION& EED E OF EECs NC Mayor Pro Tern Hogue led the prayer. Councilman J. C. Worley led the Pledge of Allegiance. Mayor Mondy recessed into executive session at 6:32 p.m. EXECU TIVE SESSION In accordance with Chapter 551,Government Code,Vernon's Texas Code Annotated(Open Meeting Act),Section 551.074 Personnel Matters regarding the City Manager. Section 551.071, Government Code. Meeting with city attorney concerning the City Manager on a matter in which the duty of the city attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas conflicts with the Open Meetings Act. Mayor Mondy reconvened into open session at 7:28 p.m. RECONVENE INTO OPEN M1ETING Take any action as a result of Executive Session,including but not limited to,the continuation,termination,or the acceptance of the resignation of the City Manager's employment and the appointment of an Acting City Manager and the development of a transition plan,if necessary. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Shinn to accept the resignation of City Manager Biff Johnson as of today becoming effective December 2,2003 and to approve the severance and release agreement which Minutes—12-01-03 Wylie City Council Page 1 _— authorizes payment of a severance payable to Mr. Johnson pursuant to Section 3, Paragraph A, of the employment agreement between Anthony Johnson and the City of Wylie and to authorize the Mayor to sign the same, subject to striking Paragraph 5,the confidentiality clause. A vote was taken and passed 7-0. Mayor Pro Tem Hogue made the motion that if Mr. Johnson did not agree to and execute the severance and release agreement, as revised, by December 2, 2003 at 5:00 p.m., that Mr. Johnson be terminated effective at 5:00 p.m. today, December 1, 2003 and Mr. Johnson be paid the severance pay referred to in Section 3, Paragraph A of the employment agreement between the City of Wylie and Anthony Johnson. The motion was seconded by Councilman Young. A vote was taken and passed 7-0. A motion was made by Councilman Shinn, seconded by Councilman Worley to appoint Assistant City Manager Mindy Manson as Interim/Acting City Manager. A vote was taken and passed 7-0. With no further business before council,the meeting was adjourned at 7:30 p.m. Joh only,Ma or `���\11111111/��� • •• �• 1 ATTEST: ir��„ a Ca ole Ehrlic City Secretary Minutes—12-01-03 Wylie City Council Page 2