HomeMy WebLinkAbout1970-0415 ADJOURNED MINMINUTES FOR ADJOURNED MEETING
ASHLAND CITY COUNCIL
APRIl, 15, 1970
An adjourned meeting of the City Council was held in the Council
Chambers of City Hall on the above date. The meeting was called
to order by Mayor McKeen at approximately 9:05 a.m. All Councilmen
were present.
Mayor McKeen read a notice signed by Councilmen Haines, Bailer
and Jones calling a special meeting on the above date to discuss
the matters of retaining an acting City Attorney in the matter of
proposed dismissal of the City Administrator and Development
Coordinator and to name an attorney fro~ outside Ashland to receive
the charges leveled against the two staff members and make recommendations.
The meeting was temporarily recessed and reconven&d at the
Hillah Femple to accommodate a large audience.
It was moved by Haines that, following the recommendations of the
City Attorney ~nd pursuant to the provisions of City Ordinance
No. 1399, the Common Council retain as special legal counsel to
represent the City of Ashland in all matters pertaining to the
proposed dismissal of the City~Administrator and Development
Coordinator, Mr. William V. Deatherage. The motion was seconded
by Jones.
Mayor McKeen pointed out that an attorney should be appointed by
the Mayor and confirmed by the Council. He asked for the nature
of the charges to be brought against the two staff members in
order to determine if legal counsel if necessary.
Haines then read section7.~ of Ordinance 1399 and pointed out
that this is not a matter of appointment by the Mayor. City
Attorney Skerry suggested a study session with Council to discuss
the Mayor's power to appoint as outlined~n the City Charter.
City Attorney Skerry then clarified the matter with the Council
of hiring one attorney to act as special counsel for the Council
and to serve as acting City Attorney. Haines indicated that it
was his intention that one attorney be employed for both purposes.
The City Attorney recommended that the Mayor and Council act
promptly on the matter of hiring an attorney to represent them;
however, pointed out that there may be some question as to the
validity of the Council's hiring an attorney without specific
appointment by the Mayor.
Roberts indicated that he was not opposed to the Council hiring
an attorney if it can be determined that there is need for this
action.
Mr. Sid Ainsworth expressed concern that the Council had not met
to discuss the retainer for the special counsel. Mr. Richard Cottie
asked from which City fund the fee would come. City Administrator
Boshears replied that it would probably come from the General
Fund Contingency, depending on the amount involved.
Council Minutes
-2- April 1S, 1970
There was some discussion regarding whether or not the charges
were criminal in nature and if ~hey should be presented to the
district attorney.
Mr. William Briggs indicated that his opinion was that the City
Charter overrides the Administrative Ordinance in the matter of
appointment of counsel by the Mayor and expressed concern that
the Council would employ an attorney before the entire Council
knew the nature of the charges.
Roberts indicated that he would oppose the motion on the grounds
that he had not be informed of the charges or necessity for legal
counsel. The remainder of the Council indicated that they knew
in general terms what the charges were.
On roll call on Haines' motion to employ Mr. William Deatherage
as legal counsel for the City Council, carried S-t, with Roberts
dissenting.
The Mayor indicated that the motion should be confirmed by a
resol.ution providing for the transfer of necessary funds, etc.
Following considerable discussion regarding the hiring of
special legal counsel for the City of Ashland, the meeting was
adjourned subject to the call of the Mayor.
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