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HomeMy WebLinkAbout1970-0410 ADJOURNED MINMINUTES FOR ADJOURNED MEETING ASHLAND CITY COUNCIL APRIL 10, 1970 An adjourned meeting of the City Council was held inthe Hillah Temple on Winburn Way on the above date. The meeting was called to order by Mayor McKeen at approximately 3 p.m. Councilmen present: Dodge, Haines, Jones, Roberts, Willstatter. Councilmen absent: Bailer Immediately following roll call by City Recorder Bartelt, the meeting was recessed temporarily and reconvened at the Angus Bowmer Theatre to accommodate a large audience. At this time, Mayor McKeen read a notice signed by Councilmen Haines, Jones, Dodge, Willstatter and Bailer calling a special meeting of the Council for the above date and listing as agenda items the dismissal or retention of Gary Boshears and.Richard Soderberg and what action would be taken if the two were dismissed. Mayo~ McKeen requested that the charges against Gary L. Boshears and Richard L. Soderberg be voiced by the Council at this time. Haines indicated he had recently received a letter from City Attorney Skerry, as did the remainder of the Council, recommending that the Common Council employ special counsel to represent them in this matter. A copy of the letter is attached. It was moved by Haines, seconded by Dodge that Council follow the recommendation of the City Attorney and that this session be adjourned until such time as Council shall appear with legal representation according to the City Attorney's advice. Mayor McKeen pointed out that a large audience was present at the meeting to hear the charges to be brought against the two staff members involved and again requested that these charges be reviewed. At this time, it was requested by City Attorney Skerry that Haines read the entire letter addressed to Council from Mr. Skerry. The letter was read by Haines. Willstatter pointed out that it is quite apparent that the Council. should be represented by legal counsel in order to have equal representation. Following another request from the Mayor that the charges be voiced at this time, Haines indicated that, in a general manner, he has lost confidence in the City Administrator. Mr. William Patton asked why Council had not obtained legal representation before this time. Haines explained that the Council must take this action at a formally c~lled meeting and it cannot be accomplished at this time, because it is not included on this meeting's agenda. Council Minutes -2- April 10., 1970 City Administrator Boshears pointed out that, if this is an emergency situation which would require his immediate dismissal, perhaps the City would be in jeopardy if the matter were delayed. He felt that the public should know if the Council is acting with the public interest in mind or individual interest in mind. Several members of the audience requested Council to review the charges. The Mayor again asked for clarification of the Council's request to discuss the dismissal or retention of the City Admini- strator and Development Coordinator. Willstatter pointed out that he had no charges or allegations; he felt the issue had to do with faith in elected officials in a democratic process or faith in a bureaucracy. City Attorney Skerry indicated he had not been consulted regarding Council's proposed action. Haines pointed out that he had consulted his own attorney, but could not ~peak for the other members of the Council. Some discussion followed. City Administrator Boshears asked when'he would be given some information regarding the charges. He expressed concern that Councilwoman Dodge would vote for his dismissal based on the fact that she has confidence in Haines and the two have been friends for quite some time, as stated in the Ashland Daily Tidings. Councilwoman Dodge indicated that she had be asked by a reporter if she had consulted with other members of the Council regarding the dismissal or retention of the City Administrator and Development Coordinator. She indicated that she had not officially met with the other Council members but had seen each of them informally at different periods of time. She pointed out that she has great confidence in Haines and knows that he would not have suggested that Mr. Boshears be dismissed without good reasons. She indicated that, since she has been on the Council, she has observed considerable unrest, which is partly due to not receiving adequate information from staff. A~ this point, Mayor McKeen voiced his support for the City Administrator and indicated that he would have to see some cause before considering dismissal of the two staff members involved. Mr. Lloyd Selby suggested that Council consider retaining the two staff members at this time and perhaps let a future Council decide.on the worth of their dedication and contributions. There being no further business, the meeting was adjourned subject to the call of the Mayor. lcr City Recorder OFFICE OF THE CITY ATTORNEY HarP/' A. Skerry, Jr. ASHLAHD, OREGON 97520 .April 8, 1970 OFFICIAL BUSI~IESS The Honorable Mayor and Common Council City Hall Ashland, Oregon Gentlemen: It has corae to my attention by telephone that there has been filed a request executed b,, five memTDers of the Common Council calling a special meeting at 3:00 ~.M~ on April 10 for the purpose of discussi:~g the dismissal of Mr. Boshears and Mr. Soderberg. ,~ This matter first came to my attention at 11:30 A.M. this date. At no time has any member of the Council dis- cussed with me the legal ramifications or any other matter relating to the proposed actiol~. It is my opinion that the action is premature without consulting legal counsel. The nature of the charges or any other facts are not known to ~e. As City Attorney it is my duty to warn you of the possible serious legal consequences of precipitous action. Because of my long association and friendship with Mr. Boshears and'Mr. Soderberg, it is my reconunendation that the Common Council employ special counsel to repre- sent them in this matter in order that there can be no question as tothe complete independence of the attorney in representing the CoFaon Council. HAS:mh . Respe? ully, -