03-07-1991 - Special
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CITY COUNCIL OF EDGEWATER
SPECIAL MEETING
MARCH 7, 1991
MINUTES
Mayor Wessler called the meeting to order at 5:00 p.m. in the Community Center
for the purpose of discussing further action on the City Manager.
ROLL CALL
Mayor Tanya Wessler
Councilman Kirk Jones
Councilperson Louise Martin
Councilperson NoraJane Gillespie
Councilman Michael Hays
Interim City Attorney Nikki Clayton
City Manager Elly Johnson
City Clerk Susan Wadsworth
Police Chief Lawrence Schumaker
Present
Present
Present
Present
Present
Present
Present
Present
Present
Mayor Wessler stated she called this meeting because after Monday night's meeting
discussing all the things they thought Mr. Johnson should change, Mrs. Gillespie
called her Tuesday to see if she'd set up a special meeting, and she called Mrs.
Clayton about the procedure and she said they could do it. She said by chance
on Wednesday afternoon she met Mrs. Gillespie at City Hall and came upon some
new information that was upsetting and she called the attorney again to ask
ground rules for the meeting. Ms. Clayton said the question was if they could
set up a special meeting and how they could proceed to discuss the evaluations
that had taken place on Monday dealing with additional thoughts and direction
for the City Manager and she said all they have to do is prepare the notice and
ground rules would be very much the same as those followed in the Monday
evaluation procedure. She stated Mr. Johnson is working under a contract and
that contract was adopted after their ordinance of administration which contains
a provision that sets up due process standards. She explained he has a contract
by which he was employed but where the contract was silent about evaluating his
performance they can refer to the Code Article 2 which has procedures on the
evaluation of the City Manager. She pointed out personnel such as City
Managers, City Attorneys, Police or Fire Chiefs, are granted certain protection
in the way they're treated in their employment and the person who is the subject
of inquiry or discussion must be given an opportunity to hear what the concerns
are, time to prepare a response, an opportunity for representation in developing
those responses, and then an opportunity to have a hearing if held like, which
must be held within 30 days by the Council. She said the issue is concern for
the performance of the City Manager and the level of confidence they have in
relying upon his administration of the City. She said they should leave aside
any personalities or emotions and deal with specifics. She said he's asked to
come back with his responses to the Council to that evaluation on April 4th and
then it's scheduled for hearing by the Council on April 15th. She added section
2-3 of the Code provides for removal of the City Manager with pay for a period
of time prior to holding the hearing if they believe that's the appropriate step.
She stated there has been a lot of discussion but this is not a hearing to fire
Mr. Johnson, it's a hearing to elaborate on what Councilperson Gillespie was
concerned about on the basis for her telephone call to set a meeting and further
matters that came up on Wednesday.
Harrv Jones asked if they'll hear citizen comments. Mayor Wessler said it's up
to Council. Councilperson Gillespie said she feels it would be appropriate at
the time of the response, April 4th or 15th, but not this evening. Mr. Jones
stated this is in violation of the Sunshine Law and asked to read it. Mayor
Wessler noted this was discussed at the special meeting.
Mayor Wessler said in July she first approached Council about a bike path on
Roberts Road and about 1-1/2 weeks later she was cited for a pool in the back
yard without a fence over it and a Volkswagen that had no engine and they fixed
those problems. She said after the elections in November she went to lunch with
Mr. Johnson and he told her Mrs. Gillespie turned her in on those complaints and
she was shocked because they are friends. She added she didn't say anything and
chose not to because she's subject to the law and Mrs. Gillespie had the right
to do it because she was in violation. She said yesterday afternoon when she
was in City Hall Mrs. Gillespie said someone told her Pat DiLeva said she'd
turned the Wesslers in, but she told her no, it wasn't Pat DiLeva, he had said
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this, but Mr. Johnson was the first person who told her. She added the way
things are run in this City is if there's a violation and someone turns you in,
they don't give out the information unless asked and Mr. Johnson was never asked
for this information. She said it's her opinion that was unethical of him to
tell her that.
Mayor Wessler said a couple of issues she left out Monday were a highway
beautification grant that was due February 1st and she found out about it the
morning of February 1st and called Ken Pelham, the Engineer working on the grant,
and he told her the deadline was that day and held made numerous calls to Mr.
Johnson who never returned the call and they lost the grant.
Mayor Wessler said she received two letters regarding recycling and stormwater
and she asked Mr. Johnson to take care of these letters on a Tuesday and he said
he would. She said on that Saturday evening she called the one person as Mr.
Johnson said held taken care of it, the other wasn't in the book, and asked if
she'd had been contacted and she said no. She added that Monday Mrs. Gillespie
at a Council meeting told her she took care of the one address and when she told
her Mr. Johnson said he had, she said no, he had never got in contact with these
people. She added these are relative to Mr. Johnsonls evaluation and the type
of situation they have to live with.
Councilperson Gillespie stated she did not file a complaint about Mr. and Mrs.
Charles Wessler on Travelers Palm and anyone she filed on she'd say she filed
on and when she turns it in, she'd sign it. She said she was informed last night
there are no records of the Code violations and it's her word against Mr.
Johnson's if she filed the complaint, and she did not.
Councilperson Gillespie said since November 1, 1989, their first speaking
encounter, she has knuckled under, bowed to his tirades, sought counseling from
her minister before speaking to him to keep her temper and been professional as
possible at all times, has submitted her questions in writing, has addressed him
in a manner befitting his position and then some, all to keep balance in the City
and hoped things would change. She added when he yells, he bullies, he inferred,
he used degrading terms, he ignored, he threatened, he neglected all common
courtesies, and behaved like a spoiled child before the public, the staff, and
her family. She said tact and honesty were not displayed and his total
unprofessional demeanor and obvious lack of respect for her as a person and now
as a part of the City Council has now surpassed any good he mayor may not have
offered this City and its people. She said he's seen fit to continue in this
vein without wishing to work together for the common good and she feels he's
totally lacking to continue to serve as City Manager for the City of Edgewater.
Mayor Wessler asked about the meeting with Mr. Johnson. Councilperson Gillespie
said they agreed to talk to Mr. Johnson and when he cancelled the department head
meeting Tuesday morning she was ready to go into, they discussed in general her
evaluation, nothing specific, and then talked about several different items and
she tried to keep it light, and he kept saying you would be surprised what people
are saying about you, your fellow Council, your Mayor, the Attorney. She said
it was an inference and doesn't say anything, and she took it as divide and
conquer time, and then thought this is not the way to be a professional. She
stated if anyone on Council has a problem with her at anytime to please bring
it to her to get it worked out because she doesn't want things behind her back
and wants it out in the open. She added said another inference was she had known
Mike Hays for years but she1s known Kirk Jones longer than anyone else on Council
and knew him from elementary school.
Mayor Wessler said after everything they discussed Monday evening and the fact
they agreed to give Mr. Johnson another month and another evaluation, and on
Tuesday morning he made inferences that she had made derogatory statements about
Mrs. Gillespie, it seemed highly unethical and they were trying to drive a wedge
in this Council. She said this Council seems to work pretty good together and
they use the democratic process and she would hate to see anything disrupt that
and they're moving forward with every goal. She added based on that she'd ask
Council to make a motion to remove Mr. Johnson of his duties until such time that
he chooses to come back with a response to everything they said. Ms. Clayton
said they've been concerned with the welfare of the City and its personnel and
have agonized over how to deal with this issue but she thinks they have to take
into account Mr. Johnson's feelings and allow him an opportunity to respond at
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Council Special Meeting
March 7, 1991
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the moment and tell them how held like to go forward because at a time like this
where feelings are high it can be easy to overlook procedural safeguards where
peop 1 e IS rights are protected and to serve the purpose of the City and the
individual. She added Mr. Johnson is represented by an attorney.
Larry Stout, Attorney, 444 Seabreeze Bou levard, Daytona Beach, stated he IS
appearing on behalf of Mr. Johnson. He said the only thing he knows about with
regard to these proceedings is what he reads in the paper and conversations with
Mr. Johnson. He said it appears the Mayor and Mrs. ~illespie have certain ideas
and positions with regard to Mr. Johnson and they appear to be personal and
professional. He said as far as personal aspects are concerned, they'll have
to resolve that somewhere else, and they're dealing here with him as City
Manager. He stated Mr. Johnson has been here 19 months and has had two prior
evaluations and each time Council gave him a raise and that did not come without
criticism and guidance, which he accepted, and the next time he came up for
consideration it was approved and he got a raise. He said he's trying his best
to manage this City using his management style, he's not sure diplomacy is his
forte, but he's not heard anything about the way the City functions and his
managerial responsibilities in those terms, such as municipal services, planning,
fire, and police, and water, and those are the kinds of substantive things they
should be dealing with. He stated there's a lot of emotion tied to these matters
and Mr. Johnson wants to serve this City and do a good job and he has no axe to
grind. He added he has a contract and if it's the consensus of Council that they
want a new City Manager, they should make that decision and live by the terms
of the contract and go forward. He added if they feel there are alternatives,
that's the process they'll go through, and he doesn't think it will end here.
He stated they have personal and emotion involvement intermingled and if it's
the consensus of Council that Mr. Johnson should be replaced, fine, do it in
accordance with his contract, pay him what he's owed, and hire someone new. He
said there's no reason to keep the emotional upheaval, it's not fair to him or
them, so give him the benefit of what he's accomplished in the last 19 months
and weigh that against what they want to do. He said Mr. Johnson objects to this
and doesn't feel he did anything wrong with the way he's managed the affairs of
the City and he solicits their consideration. He added he understands if they
say they'll get a new City Manager but he doesn I t appreciate any for cause
reasons that he doesn't think is a substantive issue. He added it's a management
style they don't agree with and they should pay him and cut clean.
Ms. Clayton stated it was a pleasure to work with Mr. Stout and they tried to
reach a middle ground but anyone would be entitled to some emotion when they felt
wrong with wrongful intent was committed, not necessarily against them, but
against the best interest of the City. She added emotions are justifiable under
this circumstance where they see conduct unbecoming a professional. She stated
she thinks there are ample factual matters that have been discussed but she
understands therels an additional matter that has been brought up and the conduct
with regard to retribution against employees is another matter Mr. Stout might
more easily be able to understand.
Mayor Wessler stated on Wednesday morning there was put in their box that there
was a billing error on behalf of Mr. Munoz and his department of $19,000 and
apparently this had been going on for some years. She said she talked with Mr.
Munoz today and he gave her an ordinance that was set up so refuse by builders
bills were not charged to builders and it was set up in the ordinance. She said
there were rumors in the past that Mr. Munoz would take Elly Johnson's position
if he ever left the City and for this to come up two days after his evaluation
was unfair to Mr. Munoz and made it very difficult for Mr. Munoz to work in the
last two days. She added Mr. Munoz gave her a letter of reply and the estimated
revenue lost was grossly overstated, and based on the way Mr. Johnson went about
this, it's her opinion itls highly unethical. She said there was a lot more
substance on Monday but after Monday's evaluation they were set in a direction
of trying to better things but she realized on Wednesday afternoon it would not
be better and Mr. Johnson wouldn't try to work with them and was trying to break
their Council up, and she as Mayor will not allow this to happen.
Mr. Stout stated it seems a bit unusual that the City Attorney is suggesting when
they overlook something that she helps them out and it seems odd this whole
thing appears to be orchestrated already and the script is apparently already
written. He asked how they would reasonably expect Mr. Johnson to respond to
any of these things with no forewarning. Mayor Wessler advised she has spoken
with their attorney every time she's found something and she doesn't want the
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March 7, 1991
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City to pay a lot of money they don't have to pay and she brought this to Ms.
Clayton's attention a few minutes ago. Mr. Stout asked if it's her feeling that
they shouldn't have to pay him anything and put his contract aside. Mayor
Wessler replied she doesn't feel they owe Mr. Johnson a cent, however, the law
doesn't allow them to do it that way. Mr. Stout asked why they're going through
this charade if they already made up their minds. Mayor Wessler replied she
speaks for herself, not the rest of Council, and doesn't want to ask Council to
terminate his contract and have him sue for an amount that's unreasonable and
if there are legal ways to go about this, then that's the way they're going to
go. Mr. Stout said they want to get rid of him and not pay him anything under
his contract and use whatever reasons they can. Mayor Wess 1 er stated it's
whatever reasons Mr. Johnson has given this City in his lack of ethical responsi-
bility to the City he's serving and that's what she used to base her judgements.
She added she and Mr. Johnson get along and she has no vengeance for Mr. Johnson
but he has done things in the past that she feels he has not been held account-
able for until this Council was elected. She added Mr. Stout cannot make
judgement on this City in the half hour he's been here. Mr. Stout said based
on what he's heard this evening, she's already made up her mind.
Councilperson Gillespie said it may be of importance that Ms. Clayton could tell
him where she stood until 3:00 yesterday afternoon when she flipped her wig at
code enforcement. Ms. Clayton stated she tried to explain to Mr. Johnson and
Mr. Stout on numerous occasions that Council came in with the intent of finding
out why there was so much discord, they had been given reasons by a number of
people, but when they arrived they found they had to be much more circumspect
in coming to conclusions. She added Mrs. Gillespie never leaped to a conclusion
and she continued to tell her, as some of the others had, that they didn't know
if termination was the answer because there's a history of 19 months with the
City and there were a number of items that Mr. Johnson was aware of that had a
short fuse that had deadlines and it might jeopardize those things if they had
to bring in someone unfamiliar. She added Mrs. Gillespie had not made up her
mind to fire Mr. Johnson and tried to work with him in the face of some of the
treatment others have witnessed. Mr. Stout asked if she is her spokesman. Ms.
Clayton replied no, but she has observed some of the conduct of the City Manager
in relation to Mrs. Gillespie. Mayor Wessler stated she finds it almost repulsive
the way he says she's her spokesman, and he's Mr. Johnson's spokesman, and Ms.
Clayton represents Council and can speak on their behalf. Council person
Gillespie said she went to her because she's the City Attorney and that's the
proper, correct, legal way to go. Mr. Stout asked for a decision.
Councilman Hays stated the bottom line is simple and they probably should ask
Mr. Johnson for the bottom line. He said these aren1t just accusations, these
are events, and he asked Mr. Johnson if a subordinate reporting to him had
carried on in the same way, how would he deal with it. Mr. Stout asked to give
him an opportunity to prepare a response but if they made up their mind they
understand that. He asked what they want. Mayor Wessler asked that their
attorney speak as she's told her what she wishes to have done. Ms. Clayton said
it's a spectrum of opinions of Council, and she's talked to each in the interest
of resolving this in dignity, and has described procedures for providing due
process in the whole analysis. She said they want to give Mr. Johnson the
opportunity to defend himself after he's had ample understanding of their
concerns. She added Mr. Johnson's evaluation was put on an agenda about a month
ago and Council members prepared their evaluations and brought them with them
to the meeting and he was not provided with copies and they felt it was more
appropriate for him to have written copies and time to look at them so another
meeting was scheduled for him to come back and respond. She added that didn't
happen at the next meeting and there was more of a discussion of Council as to
what they meant by the evaluation and at that point additional time was allocated
for him to prepare written comments because he said he had an answer for every
one of the comments given by Counci 1. She noted in the meantime subsequent
events came up that produced concern that Council proceeded in good faith trying
to observe his rights, and yet his intent did not appear to be cooperative. She
said she thinks they have events that appear to be sufficient to establish such
a level of lack of confidence that they would be justified in referring to their
Code which allows them to remove Mr. Johnson while they consider whether or not
his responses to their concerns on the 4th will be adequate. She said if Mr.
Johnson wants to proceed in a different fashion and ask for a formal hearing then
they can set the ground rules and if they want to proceed with a written response
on the 4th and the hearing on the 15th, Council has the choice of asking Mr.
Johnson to continue his duties modifying what appears to be his intent to be
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March 7, 1991
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more cooperative or removing him with pay until he is able to respond. She
added those are the two options they should discuss.
Councilman Jones stated this has been a shock to the community and he's not happy
with it, first it was the attorney which was pretty quick, and if Mr. Johnson
had done something for misfeasance they have to deal with it, and if not, he has
a contract they have to honor. He added it's obvious his relationship here is
not the best, it won't benefit Edgewater to see Mr. Johnson around much longer,
and it's obvious it won't work. He said if they're going to do it, do it but
do it right and don't jump the gun. He suggested they give Mr. Johnson a chance
to respond like they said at the last meeting and if their attorney comes up with
something in malfeasance they have something to go on and if not, and they cannot
work with him, take care of his contract and look for a new City Manager.
Councilperson Martin stated she'll repeat what she said before that they've been
out in limbo since they were elected and cannot get through to the City Manager,
he's rarely in the office that she can find, and it's important they have a City
Manger there guiding the City and helping them with the CIP and not depending
so much on outside personnel. She said she'd like to give him the benefit of
the doubt as to time to look over the complaints and come back to them.
Councilman Hays suggested they discuss a couple of points brought up by Mr.
Johnson's attorney, how the City functions, the offices and employees, and it
has an impact on everyone who works in the City, and if this goes on for weeks
or months into hearings, how will that impact the City. He said they need to
look at that and consider what it will do for morale of the workers inside the
City. He stated Ms. Clayton gave them alternatives and he is concerned about
dragging this out and cost to drag it out. He added he's never been through a
situation like this and doesn't know what to anticipate if it goes to hearing
and it mayor may not be in their best interest to sever themselves and let
everyone get on with their lives. He said they keep butting heads and there
are no winners and the longer it goes on the worse it gets for the City. He
recommended they sever it and get on with their business and it would be their
best interest and Mr. Johnson's and cut their losses. Ms. Clayton pointed out
he's presented his side and now Mr. Johnson needs to have a chance to present
his side so if they feel it's better for the City morale for him to be given an
opportunity to step aside during the interim period while he prepares his
response, then they would remove him with the understanding he continue at his
pay until such time as he comes back to present his side. She said severing
from a one-sided standpoint is tantamount to severing under the terms of the
contract at the pleasure or conven i ence of Counc i 1. She added from the
expression of each Council member there has been some concern that as the
contract call s for severance if they terminate without cause or at their
pleasure, that is a misallocation of resources because they believe he failed
to earn his pay. She added if they wish to terminate him because they believe
he's failed to perform his duties, in other words, for cause as they outlined
in their evaluations, then he needs to have an opportunity to respond and
anyth i ng they do wi 11 have to respect that amount of time he has for an
opportunity to present his side. She stated the real issue is what's in the best
interest of the City and if Mr. Johnson with his wealth of knowledge is to
continue on or set him aside for awhile and give him an opportunity to respond.
Mr. Johnson requested a 5-minute break to speak with his attorney. Mayor Wessler
recessed the meeting at 5:45 p.m. and called it back to order at 5:50 p.m.
Mr. Stout stated they all know talks have been going on between him and Ms.
Clayton to resolve this and they know the terms and they should settle it now.
Ms. Clayton asked the terms. Mr. Stout said they believe Mr. Johnson is entitled
to the full 6 months plus benefits and they elected to go a lower number to
solve all this, $18,500 plus his normal benefits of accrued pay and sick pay.
He asked why they sit and bicker about it. Ms. Clayton said they discussed some-
thing mutually acceptable but it's not true there was a view on the part of this
Council that they were auctioning off principle. She said in the interest of
resolving it they entered discussions so it could be done with dignity and
discretion but it has passed that point and is now to the question of whether
or not Mr. Johnson is entitled to anything or to more than his contract calls
for because he has been effective as his attorney pointed out. She said Council
will speak for themselves but consider if they want to enter a bidding contest
and settle it or since they'd hear how he would respond because if it is not
adequate, then they're entitled to consider his performance not acceptable and
terminate with cause. 5 Council Special Meeting
March 7, 1991
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Mr. Stout said he can respond to all these matters and can show those that are
unbiased with regard to these issues he did right, and that he did not do wrong
and there1s no basis for a for cause termination. He said if they have someone
look at it, he will prevail, and that1s the reason to forego this and get on with
it as they apparently don't want him and nobody wants to go through this anguish.
Ms. Clayton suggested the Mayor ask Council if they want to reach a settlement
and if so, they should give her some direction to enter into discussion to bring
back next Monday at the meeting. Mr. Stout agreed that1s a good idea and let
him be suspended with pay so he doesn't have to be in this situation and get on
with it and resolve it that way.
Councilman Hays stated they have too many pressing issues to get bogged down in
this and they need to look at the functions of the City and what it1s doing to
it. He said he thinks it's affecting the City as everyone knows someone who
works for the City, there are morale problems and there1s uneasiness from the
Department Head level down through the ranks. He said regarding dismissing him
with pay, why do you pay someone not to do something. He said if it's between
now and Monday, that's fine, but he thinks Mr. Johnson and his attorney are
willing to negotiate and have been doing so and it up to them to decide if they
want to drag this out and if the benefit at the end will be worth what it costs
to resolve it, his opinion is no. He said he doesn't have a problem with the
suggestion to release him with pay until Monday, but on Monday resolve it. Ms.
Clayton said if they want them to reach a dollar figure, they'll put that number
before them to accept or reject on Monday. Councilman Hays asked if it would
be after Mr. Johnson makes his responses as he understands Mr. Johnson wants to
respond. Mr. Stout said to go on, that1s his preference.
Mayor Wessler stated Mr. Johnson wants $18,500 to leave and she asked if they
want to pay it and terminate the contract and do they feel they owe it.
Councilman Hays said does he feel they owe him that and if they continue this
they'll be able to go through this as long as it takes and dismiss Mr. Johnson
with cause, yes, they could, but what will it cost them and will it be more than
$18,000, probably. He said not just in the dollars that are paid but in all the
other factors. Mayor Wessler said they will pay $18,500 and terminate his
contract or terminate Mr. Johnson and flip a coin if he takes them to court and
see what it costs to go to court. Ms. Clayton said they can pay about $5,500
for him to step aside under the removal procedure in the ordinance while he
prepares a response and come back on the 15th and he can ask for a hearing and
then they determine if they feel his response is adequate or reasonable justifi-
cation for his conduct and is enough to offset their evaluation or determine at
that time if they feel they have justifiable cause to terminate the contract.
She added in the meantime, they'd appoint an Interim City Manager and business
would go on, and if terminated today or removing him for a month with pay in
either case they would still have to find an Acting City Manager. She said it's
up to Council to determine from among options the most fair and equitable way
for Mr. Johnson and the City and at one extreme is $18,500 and the other is
removal for cause option provided his response to them on April 15th is
determined not to be an adequate response.
Mr. Stout said this is a negotiated matter at this point and if they are going
to a full blown hearing and court, whether State of Federal, they're not talking
about those numbers, they're talking about the whole contract and his benefits
under it. He said it makes sense to compromise and get them behind it and not
have the unknown for 6 months or a year or 2 years, so why go in that direction.
Ms. Clayton said her conclusion after listening, observing, and reading files
is there is an adequate basis for the conclusion they reached that Mr. Johnson
is not performing adequately. She added he may be able to offset that by what
he responds, but with what they have said in their evaluations, they have
described what she considers is justifiable cause for termination. She said in
her opinion they would prevail in court whether Federal or State. She pointed
out the expense they would have wouldn't necessarily involve having to pay Mr.
Johnson but paying an attorney but this is a judgement call they'll have to make.
Councilman Hays asked how much time is involved as she gets paid every time they
retain her services and there are other expenses with it. Ms. Clayton said first
is the pleading stage and if she were successful in prevailing they would have
$3-5,000 in her services to develop the pleading and to obtain a dismissal for
their failure to state a cause of action. She added if they got into a factual
determination and had gone through pleadings and the judge says he feels they
have pled and alleged enough to find out if there are facts to support what was
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March 7, 1991
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alleged and they'd have witnesses and testimony and that would be about a day's
hearing unless they want to make it an exaggerated process. She said preparing
for that they're looking at about $15,000 with depositions. Councilman Hays said
to make it easy on everyone and make a tough situation tolerable, they owe it
to all in this room and have had enough of this.
Council person Martin said $18,500 plus benefits seems quite a high pay for
blackmail for a job not done well and if they have to make record of complaints
to be placed in his file, they should do it but it does not call for $18,500
plus benefits. Mayor Wessler stated they seem to agree Mr. Johnson is not doing
the job they want him to do. Councilman Jones said when he gave Mr. Johnson his
evaluation and dealt with him, he didn1t find him difficult to deal with, and
he didn't have as much problem but he1s sure down the road he and Mr. Johnson
would butt heads a few times. He added the relationship will not help the City
for him to continue and they have to continue on the path they're going to get
the CIP on its way and get the City in the right direction.
Mayor Wessler said Council wants to terminate his contract but they don't want
to pay $18,500. Councilman Hays said he feels overall cost and impact on this
City if they draw this out to hearings would be greater and he doesn't want to
pay anything but what is best to resolve the situation, resolving it quicker and
make some type of negotiated settlement, that's fine and he'd be happy to hear
how Mr. Johnson feels about some alternative. He said if that's what it takes
to resolve it today, he'd just as soon be done with it and go on but if they go
on, then take it to the ropes. Council person Gillespie said the same.
Councilman Jones said if they go through the process and hear his replies and
feel they might have a winner and go to court and pay the attorney $15,000 and
Mr. Johnson prevails, that1s $29,000 plus $15,000, so it's a big "if" and there's
no such thing as a sure thing. He said he'd like to stay on the same course of
the month or get it over with now, but he doesn't want to rush into anything.
Mayor Wessler asked if Mrs. Martin wants to drag it out or terminate his contract
this evening. Councilperson Martin replied she'd like to terminate but she
doesn1t like the money involved and would like that discussed among attorneys.
Councilman Hays said they have a meeting Monday night and he suggested they let
Mr. Johnson take a few days vacation and come back Monday prepared to vote one
way or another and have time to think about it and ask questions of Ms. Clayton
and resolve it. He added they need to look at options and alternatives and he
thinks Mrs. Martin feels uncomfortable with this and it's a big decision and
maybe they need a couple of days to do that. Council person Martin said if
they're going to wait until Monday, they should allow the attorneys and Mr.
Johnson to come up with a better deal and they'll make a decision Monday.
Mr. Stout said when this started Ms. Clayton called him and made the initial
offer and the dollars on the table were $13,500 plus benefits and they're not
talking about a real spread. Ms. Clayton stated the offer was put on the table
because Mr. Johnson said held rather have an offer than go through the process.
Mr. Stout said nobody is denying that and they backed off and they should solve
it. Mayor Wessler said she1s the one most opposed to paying $18,500 because she
feels the City has just cause and emotion is out of it, she did her evaluation
and talked to Mr. Johnson and tried to reason with him on certain issues and he
doesn't want to do that. She again said she feels they have cause and she'd
rather pay $18,500 to the attorney than Mr. Johnson because she feels he has
been wrong in his decisions. Mr. Stout said she may get that opportunity but
look at the financial aspects. Mayor Wessler said in the beginning she told Ms.
Clayton she'd be willing to make a settlement but that was before they had to
bring everything out in the public and have Edgewater's name in the paper. Mr.
Stout said she was the one quoted most often about what she stated, and it's just
about the financial aspect and unplug the emotions.
Councilman Hays moved they have Mr. Johnson take vacation until Monday and they
have this on the agenda for the Monday meeting so they can resolve and vote on
at this time whether or not they will sever relationships with Mr. Johnson for
the $18,000 settlement or continue with hearing with cause. Counci lperson
Gillespie seconded the motion. Mr. Johnson asked if it's vacation or leave with
pay. Ms. Clayton replied leave with pay. Motion CARRIED 3-2. Mayor Wessler
and Councilperson Gillespie voted NO.
Mayor Wessler stated it will be on Monday's agenda and Mr. Johnson is on leave
until then. Councilperson Gillespie moved to adjourn. Councilman Hays seconded.
Meeting adjourned at 6:16 p.m. 7 Council Special Meeting
March 7, 1991
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Minutes submitted by:
Lura Sue Koser
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ATTEST:
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-CITY CLERK7
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8
Council Special Meeting
March 7, 1991