Min 03/04/2005 530
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
March 4, 2005
Item 1
The City Council of the City of Wichita Falls, Texas met in special session on the above
date in the Council Chambers of the Memorial Auditorium Building at 4:00 o'clock p.m., with the
following members present:
Arthur Bea Williams - Mayor Pro Tern
Linda Ammons - Councilors
James Esther, Jr. -
Michael Norrie -
Ray Gonzalez -
Charles Elmore -
James Berzina - City Manager
Bill Sullivan - City Attorney
Lydia Ozuna - City Clerk
Mayor Pro Tern Williams called the meeting to order.
Councilor Gonzalez led in the pledge of allegiance.
Mayor Pro Tern Williams asked for a moment of silence to recite the Lord's Prayer.
Item 2
City Council went into Executive Session at 4:05 p.m. as authorized by Section 551.074 of
the Texas Government Code.
City Council reconvened at 4:29 p.m.
Mayor Pro Tern Williams announced that no votes were taken during Executive Session.
Item 3
RESOLUTION NO. 37-2005
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH
DIRECTOR OF ADMINISTRATIVE SERVICES JAN STRICKLIN; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS
PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
Moved by Councilor Norrie that Resolution No. 37-2005 be passed.
Motion seconded by Councilor Esther.
David Brock, 320 Hill Top, asked for details on the package for Mrs. Stricklin and what the
cost to the taxpayers would be.
City Attorney informed that this was a legal matter and a personnel matter and the public is
not entitled to know the contents of a separation agreement prior to a vote by the Council. In
addition, there are other laws that we have to comply with. By Federal Law Mrs. Stricklin has 21
days to consider it and once she signs it she has an additional 7 days to revoke it. Until that time
we will not release it.
Councilor Ammons expressed concern because someone brought her a law that said if we
negotiate an agreement with an employee we could be sued individually and as a group.
531
Item 3 continued
City Attorney stated that if Councilor Ammons is talking about Section 53 of the
Constitution, this agreement would not violate that Section. A city should successfully defend any
litigation that would result from someone filing suit.
Councilor Ammons said that someone had told her that she could be sued if she voted for
this. I did not think the City Attorney would lead us into something that we could be sued on.
Several Councilors commented that there has been talk about lawsuits for the past eight
months; anyone can threaten to sue and can sue for anything; no one can stop anyone from filing
a lawsuit.
Mayor Pro Tern Williams agreed with Councilor Ammons that the City Attorney would not
knowingly get us into trouble individually or as a governing entity.
City Attorney informed that the Council is making this offer in good faith. The City would
provide any kind of defense in the event a lawsuit is filed. In my opinion this document, if
consummated, is valid and binding and would withstand any challenge in court.
Ben Valadez, Jr., 4815 Del Rio, brought up issues regarding Civil Service matters. City
Attorney pointed out that this matter has nothing to do with Civil Service, and that the Civil Service
Commission handles Civil Services issues.
Motion carried by the following vote.
Ayes: Mayor Pro Tern Williams, Councilors Ammons, Esther, Norrie, Gonzalez, and Elmore
Nays: None
City Council adjourned at 4:45 p. m.
1
PASSED AND APPROVED this _day of 2005.
ARTHUR B. WILLIAMS
MAYOR PRO TEM
ATTEST:
Lydia Ozuna
City Clerk
NOTICE OF SPECIAL MEETING
MEETING: Wichita Falls City Council
DATE: Friday, March 4, 2005
TIME: 4:00 o'clock p.m.
LOCATION: City Council Chambers, Memorial Auditorium building,
1300 7" Street, Wichita Falls, Texas
AGENDA: The following matters will be addressed by the Wichita Falls City
Council at their special called meeting of March 4, 2005:
1. Call to Order.
2. Executive Session.
Evaluation Of Director Of Administrative Services, As Authorized By
Section 551.074 Of The TEXAS GOVERNMENT CODE.
3. Open Session.
Resolution To Authorize The Mayor Pro Tem To Sign A Separation
Agreement And Release With Director Of Administrative Services Jan
Stricklin(City Council Bill#54)
4. Adjourn.
Accessibility to this meeting by disabled persons is possible through the use of the
designated disabled parking spaces in the east parking lot of the auditorium at Bluff and
Sixth Streets. A ramp to the entrance of the building's east wing in this parking lot leads
to electronically operated doors. The building's elevator is located in this east wing.
Requests for Spanish language interpreters, interpreters for the hearing impaired, Braille
copies, or other special needs will be accommodated with at least 24 hours' notice. To
arrange for special services, please call the City Clerk's office at 761-7409.
CERTIFICATION
I certify that the above notice of meeting was posted on the bulletin board at Memorial
Auditorium, Wichita Falls, Texas, on the 1" day of March, 2005, at o'clock
.in.
City Clerk