CC Minutes - 09/22/03 Mtg - Laserfiche WebLink

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Councilor Nathanson expressed concern that a precedent would be set for councilors to be involved in something that they were prohibited from being involved in by the City Charter. She recognized that executive managers had a different sort of position than most employees, but asserted that many employees who are not executive managers had highly visible positions in the eyes of the public. She wondered if the council was going to start asking to review complaints or personnel evaluations at a lower level. She felt uncomfortable getting involved at this level. Councilor Meisner said he would support the motion with the deletion of subsection (a), providing the process would not circumvent the personnel process. Councilor Bettman offered a friendly amendment, accepted by Councilor Taylor, to her motion that provided for the deletion of subsection (a) from the language. Mayor Torrey asked legal counsel how the City Council could keep it from being a personnel issue. Mr. Klein responded that the way the ordinance was currently crafted, it applied to some sort of disciplinary action related to executive management. He said that a question for the council was what it would do with the information. If the true purpose for the council in getting this information was to assist it with its evaluation of the City Manager, it seemed that it would need, at a minimum, a full report including how the City Manager addressed the complaint. As such, he suggested that if language was to be added, the action should be tabled for this meeting in order to provide legal counsel an opportunity to assure that the City would not be set up for an action filed by the City Manager as a result of being deprived his or her due process rights. Councilor Kelly supported tabling the item. He noted the language regarding the requirement for a super-majority vote in Section 2.488 and questioned the necessity of such a vote. He asserted that this detracted from the ordinance and asked the council to consider dropping this. Councilor Bettman moved, seconded by Councilor Kelly, to table the item. Mr. Klein said that he could return with revised language at the soonest date that the City Manager could place the item on the agenda again. Mr. Carlson added that this would be for the meeting of October 13. Roll call vote; the motion to table the item passed unanimously, 7:0. 5. ACTION: An Ordinance Amending Chapter 9 of the Eugene Code Regarding Hospital and Related Medical Uses; and Adopting a Severability Clause Mayor Torrey clarified that action on the item had been deferred. He said that all of the written testimony had been submitted and all councilors and staff had received copies. Councilor Bettman moved to direct the City Manager to return to the council with a resolution for consideration on Wednesday, September 24, 2003, that reflects the following: MINUTES--Eugene City Council September 22, 2003 Page 6 Regular Meeting