Transcription: Excerpts from June 4, 2003 Council Meeting

Confirmation of Rick Cisar as City Administrator

Rowe Moving along. Appointment of City Administrator. Has everybody read through this proposed contract? And we need a motion on this for discussion purposes.

Criswell I’ll make the motion --

Rowe I guess most would be -- Then I would make a motion on the first one. I would recommend appointing Rick Cisar. The only thing is, this contract, we might have -- I have one thing I would like to negotiate with Rick on a little bit, but I think that we'll…I think we can reach terms on it. But that, do we go to that now, or wait till it's a discussion item?

Koenig Well, I'll tell you how, I believe the written procedure under the ordinance is that you appoint and the council confirms. They need to confirm the appointment first before you can go through the contracts with him.

Rowe What if we appoint him and he don't want to work for us? I offered him 30 cents an hour. What do we do then?

Criswell He still doesn't have to.

Koenig Guess he could turn down the position.

Rowe Oh, okay. I recommend that the council appoint Rick Cisar as the City Administrator.

Porter Need a motion?

Male Second the motion.

Graafstra The motion would be to confirm that appointment --

Criswell I make a motion to confirm --

Graafstra -- subject to an appropriate contract.

Criswell After the contract, appropriate contract is [unintelligible].

Rowe You made a motion, Rob?

Criswell To confirm giving his contract [unintelligible].

Champeaux Second.

Rowe Okay. Is there any discussion?

Raney Is this, is Rick being appointed an interim city administrator, or are we going to search for somebody to do this job longer-term, or, or is -- ?

Rowe Rick, Rich is a -- I, I recommend he be the city administrator. Period.

Deveraux I thought we had to interview people. Wasn't that supposed to happen?

Boucher We posted the job.

Deveraux Nobody else wanted to do it?

Rowe The job was posted --

Criswell Can't say I blame them. I wouldn't want it.

Rowe It was advertised in the newspapers. It was posted in-house. [pause] Any other discussion?

Male [unintelligible].

Everett Has the job description been changed recently?

Rowe Has it been what, Jeff?

Everett Has the job description for the city administrator been changed recently?

Rowe Uh…yeah, a little bit, when --

Graafstra It has been updated to include the planning function.

Criswell Lately. You commented on it.

Rowe It's a major change that was done in it.

Everett Okay. And when, when was the interview done?

Rowe I talked to Rick a number of times. And not any one particular time. I just discussed it with him. Different issues, different questions I had.

Everett Isn't, aren't they supposed to have a formal interview process?

Rowe Um….[long pause]

Criswell I heard that last time [unintelligible]

Champeaux Doesn't the mayor appoint, and the council either confirm or reject?

[lots of background noise, people talking simultaneously, mayor taps gavel.]

Everett Well, I guess I'm asking how do we come to the appointment, um…without doing the proper interview?

Rowe I've watched his performance over the last year, and I think he'd make a good administrator.

Everett Okay. Based on what qualifications?

Rowe On his performance. That I, I've seen of him the last year or since he's been hired here. However long it's been, a little over a year, I think.

Porter Have you ever been getting a copy of these resumes?

Male [unintelligible].

Graafstra Well, there is no requirement in the current city code that there be any interview of any particular type. The code provides in Section 2.10.010 for the creation of the Office, which office shall be filled by appointment by the mayor, subject to confirmation -- it's a typo which says, "my," it should say, "by" -- a majority of the city council. Said administrator to serve at the pleasure of the mayor.

Raney Mayor, the question or concern I have is that I understand that city staff was instructed to set up an interview meeting at the Dutch Cup, that you attended and one, or other, councilmembers did. And that offer wasn't extended to the entire City Council.

Rowe Okay. Let's back up and get the facts straight.

Raney Okay.

Rowe First of all, when I hired Bysegger, I set up a schedule and went back to the Dutch Cup that I had not informed the council at any one time and you attended one of these --

Raney Correct. I sure did.

Rowe -- an informal interview. We sat there and had a cup of coffee and talked about it. I set this one up the same way. And it was not an interview for the city administrator. It was a Personnel Committee who met there to discuss what we needed in a city administrator, what we wanted in the area, if we wanted to change any of the requirements. And it happened the only one of the Personnel Committee to show up was Rob. Then I showed up.

Raney Mr. Cisar's on the personnel committee?

Rowe No. But he was there as the planner. We had his input on it. He had worked as an administrator before, and I wanted his input. I can invite anybody I want to, as long as we don't have a quorum.

Raney Sure, I understand. It --

Rowe It wasn't some big secret meeting that we went into hiding [unintelligible].

Raney Well, I guess --

Criswell It's like so many other last-minute meetings --

Raney -- there's a perception --

Criswell -- nobody shows.

Raney -- there's a perception that whether it was intended or not, these, this is a public meeting of the personnel committee, if that's what this was, and, and there's a, there's a responsibility that that be an open meeting.

Rowe It is an open meeting. Anybody was welcome to come and listen. We have personnel meetings upstairs here. We don't pass an advertisement all over about it.

Raney But people know about those.

Rowe They do?

Raney They do, because other city --

Criswell When's the last time you went to one of them?

Raney -- no, city, other city staff people know about it. You don't --

Rowe The City staff knew about this.

Raney Who? One person --

Criswell [unintelligible] Cisar is a [unintelligible].

Raney No, actually, I don't.

Rowe But you just said that I instructed city staff to set it up, so somebody must have known about it.

Raney Well, one, one city staffer is here, I think, that set it up. But it wasn't common knowledge among the city staff that this was going on. City council certainly didn't know that it was going on. And yes, it's your right to appoint somebody, but if there's an interview for a job that's as important as city administrator, I wouldn't --

Rowe [patiently] This wasn't an interview of him, Mark. Let's get the facts straight. This was to talk to him about the qualifications that we required in a city administrator.

Raney All right. Donna? I gotta put you on the spot and ask you, you said to me that you were calling people for an interview.

Donna Murphy That was, those were the words that I used --

Rowe [interrupting] Well, maybe that's what I said, it wasn't, it wasn't --

Donna Murphy -- I said -- the words I used was "informal interview with the Personnel Committee." Those were, those were the words I used. I did not say [unintelligible].

Boucher Mr. Mayor, I request to call for the question. Due to the time.

Rowe Anyway, I wasn't trying to do anything behind anybody. There wasn't a big meeting in secret.

Raney Well, I, I just can't imagine that we're going to appoint somebody to this job without having the council have access for an interview. But we can certainly call for the question.

Everett If you do call for -- I believe the call for the question requires a -- per Robert's Rules of Order, calls for a motion, a second and a affirmative vote of a majority plus one of the council. To, to close debate and call for the question.

Rowe The call for a question? Was --

Everett To call for the question.

Rowe We have to go through a second vote on call for the question --

Male Do we follow Robert's Rules of Order?

Everett We have adopted Robert's Rules of Order for council --

Graafstra [interrupting] The council can also waive by a simple majority --

Boucher I make the motion to waive Robert's rules of Order.

Criswell Second.

Rowe Have a second to waive it.

Porter Who seconded that?

Criswell I did.

Rowe Okay. Waive Robert's Rules -- [simultaneous comments] First going to call it and waiving --

Champeaux We're only waiving Robert's Rules of Order for, I mean, for --

Criswell [unintelligible].

Champeaux [unintelligible] or for this issue?

Rowe Whether it's good for this issue, so we're [unintelligible].

Champeaux Aye.

Rowe You said, "I agree"?

Champeaux Yes.

Rowe Rob?

Criswell Aye.

Boucher Aye.

Rowe Dusty.

Boucher Aye.

Rowe Perry?

McPherson No.

Rowe Jim?

Porter Aye.

Rowe Jeff?

Everett No.

Rowe Mark?

Raney No.

Rowe Brennan?

Deveraux Abstain.

Boucher I make a motion for confirmation of Rick Cisar as City Administrator.

Voices Second.

Koenig [unintelligible].

Rowe Okay. We already had that motion.

Criswell No, you have to take it again.

[some inaudible comments]

Everett Now you just vote.

Boucher Okay. Let's vote.

Rowe Okay. So that motion's been seconded and [unintelligible], right?

Koenig Yes.

Rowe Okay. Bruce?

Criswell Aye.

Rowe Rob?

Criswell Aye.

Rowe Dusty?

Boucher Aye.

Rowe Perry?

McPherson No.

Rowe Jim?

Porter Aye.

Rowe Jeff?

Everett No.

Rowe Mark?

Raney No.

Rowe Brennan?

Deveraux No.

Rowe Okay. Welcome aboard, Rick.

McPherson It's surprising to me Rick doesn't want a full council vote on that.

Rowe Huh?

McPherson I said it's really amazing to me that Rick doesn't really want a full council to support him.

Champeaux It's amazing that we couldn't get a full council to support him.

[simultaneous comments]

Rowe Okay, Rick? I'll work out the contracts with you, and then we'll bring it back to the council to approve it? Is that how we should do that?

Criswell Yeah. That was a motion [unintelligible].

Everett The final contract needs to be available for public review.

PUBLIC COMMENTS:

Criswell I'll make a motion to adjourn.

Male Second.

Rowe All opposed? We're outta here.

Josie What about public comments?

Criswell We just adjourned. Didn't you hear?

Josie I heard it, but…

Criswell We got a --

Rowe We got a lot of things we didn't cover.

Josie Yes, but you can't suspend Robert's Rules of Order to take public comments? [MEETING ENDED]

PUBLIC COMMENTS WERE NOT ALLOWED (since it was after 10 PM); when the council runs late, public comments on agenda items should either be allowed to be submitted in writing and included in the next draft minutes, or submitted verbally at the next council meeting and included in the Minutes approved at the meeting following the next meeting.