Leamons: Dissertation on how the basic areas of government work, ie legislative vs executive. Starts at about 3:08 and goes to about 11:36
Miller My questoin to the council people are -do we want to accept and follow what Mr Leamons has presented and make sure we are all doing that or do we want to go through the grievances that we have before us?
Vaughn? I make a motion that we accept the plan of action that has been presented here
Martin: When have we not been following all this?
Miller: When you look at the grievances, one of the things, Bryant, I will pull this up, when we were having issues and Mr bryant made a text that he'd had it with the city administratoin and he didn't care what the city attorney advised, I had us put on, we called a meeting because I did not want Mr Bryant to continue with that. .. that was my fault for calling the meeting. It was actually Mr Leamons call, the grievance did not meet our code of conduct, did not meet our policy so when we did that, then I stepped above and it was because and I will agree that the text seemed bullying. So when that happens and then wehen we have people who are talking to employees .. we approved a code of conduct for the city council and on that code of conduct we have a chain of command. We all agreed we would follow that chain of command. So when people are not and they are going and talking to city personnel and they are overstepping their bounds, that's causing a problem. It's not going to me, it's not going to the chain of command ... When I called that meeting for Michael I honestly did it because of the text that you, Mr Bryant, had sent. .. I want us all to work together, I think we have a great team. and I think we have to remember how to treat one another
Bryant: I've got several things I want to say since my name was brought up. I sent her a text The complaint was I took his text in a tone of bullying. Exclamation mark, there's an emphasis behind that, I added one throughout that entire text and the only reason the text was even presented was because the city administraton and mayor was dealing with a problem that had been going on and on and on within the city administration with different council members. Once you've been through it that many times, it becomes a council issue
Miller: May I interrupt? We have not been going on over that on and on. I have asked, and I have the right to do that, according to policy and the state code of conduct ... anyway. I have to say, if we can handle this before taking it to council we need to be able to do that. I have that right and if I say asked someone else to talk to them, then that would have been fine. We had already had someone, 2 council people talk and then we had someone else who was going to intervene. Your reply "I've had it with administration and I don't care what the city attorney advised " we have hired him as the city attorney, he is certified by the State of Texas to be an attorney; you are not. And, I'm not through, we have the right to contact TML and we have done that and you were wrong.
Bryant No I was not wrong
Miller- Eh Eh. (Back and forth with You were Wrong, No I Wasn't) And Mr Bryant, I do not think anyone on this counsel wants to argue every single time we come up here. We have hired an administrator, he is here to present the informatoin to us. We should listen to our administrtor, we have given him a contract, we need to follow the law and do what the law says.
Bryant: Now may I talk?
Miller: If you will tell the truth. If you're going to Eh Eh. If you're going to sit here because at the last meeting you were not, we had that from TML, we had that from our city attorney and they are more informed than you. If you tell the truth, then you may talk.
Bryant: Thank you (unintelligible)Okay, so that the mayor
Miller: And no more smarting (?)
Bryant: Quit interrupting me.
Miller: Then you stop
Bryant: Quit interrupting me. As the mayor was saying, there was a disagreement with Mr Pendleton whether in a legal meeting or not, what you want to call an employee out in open records . My pointof objection was to do that in an executive session, professionally, like we should. As the mayor says, she has the right to handle everything she possibly can to resolve it in the lowest level which she should but unfortunately like the example tonight, this should have been resolved at the lowest level possible as well but look where we all are. We're in open public meeting wasting council members time and taxpayers money, is what we're doing. So the disagreement that Mr Pendleton and I have, two different statements from TML. He got one that says you CAN talk about employees grievance but they recommend that you do not. My point was let's keep this the little stuff behind closed scenes to get it resolved. Had we followed procedure that could have been done with a telephone conference. WE wanted to take the small stuff and bring it to the public. The mayor wants to talk about the text. May I read the text?
Miller: But while you're findiing it
Bryant. I don't need to find it , I've got it right here . While I read this text what had happened wsa we had an indicent with a city employee had some disagreements with the city admiinistrator and was getting his voice silenced. He asked and asked if he could talk to the council about particiular subjects that he felt he ws being treated unfairly with. He kept getting denied and denied. In the meantime there were meetings set up with the city adminsitration, the mayor and council
Miller: Excuse me I was not there.
Bryant: This happened three or four times. IN the meantime I hear it's happening again. Two more council members are going to meet with the city adminstrator behind closed doors and go over it again. Process had already been gone over several times and at that point it needed to be handled by the council.
Miller: I'm sorry, may I intervene?
Bryant Mayor, I'm talking so please
Miller: I do not remember all those meetings
Bryant: Its in here but you keep on interrupting me but I can't interrupt you.
Miller: You're right
Bryant: So what I had sent to the administrator was this. Michael if there's an employee issue that has escalated through chain of command and involves council response, this will need to be reviewed by the entire council. I've had it with administration meeting with individual council members to resolve issues behind closed doors. If there's a meeting with any city cmployees and council members that needs to be cancelled immediately. Michael replied back the city attorney indicated that was not basis for formal grievance and council member had offered to mediate . I wrote this is not the proper way to handle this. I don't care what the city attorney advised and I have lost faith in our city attorney. ..... the fact that the city council has not heard from admnistration about this is very bothersome. I suggest to cancel any side meetings with any individual city council members and employees. This needs and will be an executive session item in December meeting. I'm disapointed in what is taking place here. I will also be placing course of action policy on the December meeting. That's the threatening, bullying text that I sent
Miller: Okay. Now
Bryant: I'm not through talking. YOu refuse me of several things.
Miller: But It's time to remind you of a few things. YOu have no authority under city policies to ordinances to interfere with the administration at this time. Unless we are in a meeting as we are now, you are a regular city person. When people come to you, it's the same as if I was going next door to my neighbor and I was complaning. Yes, we are all elected, but you don't act in an official manner unless we are all together. And there are four of the council members here tonight and as a group, we can make decisions. Otherwise, no one has the right to go in and say I'm going to take care of that, I demand that be taken off. You can't do that.
Bryant: who said that? Right here I said "I suggest" to cancel any side meetings with individual council members. So you just lied.
Miller I am going to tell you something. Your tone of voice, we've had several meetings where your tone of voice is uncalled for. You try to belittle people here and when people do that. and try to stand up to you, you get mad. And I will make this comment. And I do apologize for what I'm about to say. You have the ability to make someone's life a living hell.
Just a side comment. must be okay to violate the code of conduct if you apologize before you say something derogatory.
And I'm sorrry for saying that but it's the truth. And when I looked on your Facebook thing, one of the things you had on your Facebook was you do not stand for rude behaviour. And when you throw a fit, it's extremely rude behaviour. So at this piont we have a motion to accept Michael, where we don't have to go through all of this, but we can go through this point by point if tha'ts what you want, if we want to do what Michael has suggested where we knolw what we're supposed to do and we know we're not supposed to be overstepping our bounds. When we met on October 16, and we had the code of conduct for elected officials it was a 5-0 vote to accept it and that's what we have to do. We have to get back to saying we agree to disagree, we hvae to get back to doing the business of the city. and diong what we as elected officials are to do. People say Oh they're trying to hide things we are not trhing to hide anything. If we have something to discuss that needs to be out in public, it's going to be out in public. There are things that we have given permission to the city admiinistrator to take care of, and we, as a team, need to support that.
bryant Since you made the comment that i hvae temper or can make lives a living hell, there are times when I want to challenge people, especially when I feel like an employee is being silenced, employees being bullied. I am going to step up and you are going to hear from me. very loudly about it, let me talk . I'm not going to bow down to corruption or retalitation from our admiinistration or the mayor. I'm not going to do that so if you want to silence me you can try and in a meeting, temperament is not a violation of the code of contact (sic) I can be as loud as I need to be without screaming or talking derogatorily or threatening. If you want to call me out because certain council members are offended, that's fine, do so, but until then, the other night no other city councilmen said they were offended. I said plenty. I didn't agree with what was going on, I still don't agree with what's going on. Mr Leamons stood up there and gave a speech, that's great. At no point of that did he recommend and admit administration has a lot to do as well. Bottom line is we are all here tonight because all this has stemmed from one employee requesting to speak to the council and was denied. That's why we're here tonight.
MIller: We are here tonight because you have overstepped your bounds. Anytime we hvae an employee, that employee and members of the city council have a chain of command. We have accepted that, we have voted on it, we need to do it. We cannot follow the chain of command why do we have them. Why not just say hey, lte's just be helter skelter on any thing we want to do. You have a complaint? Go talk to whoever you want to, .. YOu don't have to talk to your supervisor, you don't have to talk to your administrator. We are not here to act on individual matters, we are here to do what's best for the City Council, we are here to work as a team. If you are going above and you are talking to someone because they are unhappy then you have overstepped your bounds.
I have a motion on the floor to accept Mr Leamons suggestion and if I have a second, we will vote. If I don't we will start and we will go over page by page.
Stephanie: Would you like me to read the motion as I understand it?
Miller: I hvea a motion and a second. All in favor of our policies. 3/4 1 against
This meeting is adjourned.