HomeMy WebLinkAbout03232010 City Council Minutes City of Seward, Alaska City Council Minutes
March 23, 2010 (continued) Volume 38, Page 264
CALL TO ORDER
..
The March 22, 2010 regular meeting of the Seward City Council was recessed at 10:30
p.m. and called back to order at 6:00 p.m. on Tuesday, March 23, 2010 by Mayor Willard E.
Dunham.
ROLL CALL
There were present:
Willard E. Dunham presiding and Linda Amberg
Jean Bardarson Bob Valdatta
Vanta Shafer Marianna Keil
comprising a quorum of the Council; and
Phillip Oates, City Manager
Johanna Dollerhide, Acting City Clerk
ABSENT — Tom Smith
Current motion on the floor:
Amend (Keil/Shafer) Amend Resolution 2010 -028, Section 12
him by striking the words "will result in
disciplinary action that includes the
possibility of' and replace with "shall
result in"
Oates stated he spoke with the personnel attorney today, and said using the word "shall"
takes away any flexibility in mitigating circumstances and could lead to discrimination lawsuits.
This was fair and consistent with the other personnel policies. He felt stating the city "shall
terminate" an employee would be a wrong step to take.
In response to Dunham, Oates said City Attorney Rob Johnson conveyed to him that it
was not consistent with personnel rules. They could take this step, but there would be major
concerns.
Keil wondered when employee rights became more important than the public's right to
privacy.
Bardarson didn't think the intent was to prohibit the action of termination, but she liked
the idea of immediate suspension with possible termination as suggested by Amberg.
Oates said there are very stringent rules if someone's privacy was violated, far worse than
actions determined in this policy.
City of Seward, Alaska City Council Minutes
March 23, 2010 (continued) Volume 38, Page 265
After much discussion, Keil withdrew her motion and Shafer concurred with this action.
Amendment (Amberg /Bardarson) Amend Resolution 2010 -028, section 12,
by striking "disciplinary action that
includes the possibility of ' and replace
with "immediate suspension pending an
investigation to determine the
appropriate disciplinary action. This
disciplinary action includes the possibility
of termination from employment."
Motion Passed Unanimous
Keil wanted people to be informed if they are being watched or monitored.
Clemons said there would be times where signs indicating a camera's presence could not
be used. He could use it in the public places and felt comfortable with doing that.
Amend (Bardarson /Shafer) Amend Resolution 2010 -028, section one
by adding a new paragraph, "All public
surveillance cameras will be noticed."
Motion Passed Unanimous
Motion to Amend(Amberg /Shafer) Amend Resolution 2010 -028, section six
by striking the language "public
employees" and replace with "law
enforcement employees."
Motion Passed Unanimous
Main Motion Passed As Amended Yes: Bardarson, Amberg, Valdatta,
Shafer, Mayor Dunham
No: Keil
COUNCIL COMMENTS
Shafer hoped the council and the public would go to the unveiling of the earthquake film
at the library this weekend.
Dunham noted Seward's Day was coming up. Two marine highway vessels were in
town being worked on. Council needed to help and comment on some of the legislation going on.
It would be nice for some of the council to attend these hearings. He noted all of Homer
Electric's electrical equipment was under cover. Fairbanks just passed a letter of support and
City of Seward, Alaska City Council Minutes
March 23, 2010 (continued) Volume 38, Page 266
asked for support resolution at the next meeting. Glen Loomis recently passed away, who was a
long time Seward resident. It was a week of many birthdays - Margaret Anderson, Louie
Bencardino, and most notably Morita Richardson turned 90 this week.
CITIZENS' COMMENTS
Tim McDonald noted under the constitution, the public had a right to an open and honest
government and thought the executive sessions did not evoke that. A lot of the decisions and
discussions regarding SMIC had been done behind closed doors. Secondly, he stated he had
seen the council site federal and state regulations and felt they were not serving the people.
There was no compromise on that, and felt the council should start doing it's job. He felt they
were disregarding the citizen's.
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS
Dunham stated they did not have executive sessions illegally. He was tired of these
accusations.
Keil agreed with Dunham as there were certain criteria set out that required executive
sessions. She felt they were all covered under the open meetings act. She felt council was
composed of appropriate, concerned citizens.
Shafer also disagreed with McDonald.
ADJOURNMENT
The meeting was adjourned at 6:52 p.m.
i /.r // // 4g
/ ohanna Dol erhide, CMC Willard E. Dunham
Acting City Clerk Mayor
• ' cdR
(City Seal) : ° Cr
• • <+' Lei
ma.
'. •
r • Cm 4 - o €9
s� a a
ra o . nit