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HomeMy Public PortalAbout20120810 special1 SPECIAL COUNCIL MEETING, AUGUST 10, 2012 CALL TO ORDER The Special Council Meeting of August 10, 2012, was convened at 3:05 P.M. by Mayor Eric Struemph. ROLL CALL The following Council Members were present for the roll call: Present: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, Scrivner, and Weber Absent: None A quorum was declared present. PRESENTATION BY CITY COUNSELOR City Counselor Drew Hilpert made a presentation regarding the issue of the email sent to City staff by City Administrator Nathan Nickolaus on the evening of Friday, August 3. He provided his legal opinion regarding the issue and explained that he had met with the Missouri Ethics Commission at Mayor Struemph's request following a suggestion to do so by Councilwoman Carrie Carroll. He indicated that the Ethics Commission does not act on any issues without a formal complaint having first been filed with their office, and stated there had not been such a complaint filed. Following his presentation, Mr. Hilpert answered questions. He also stated, when asked by the Council, that it was the Council's prerogative to go into Closed Session after the public portion of this meeting. PUBLIC COMMENTS The following persons came forward to speak on the issue: Paul Van Horn Charles Gaskin Ed Bothe Michael Moyer Gabrielle Peton Cindy Lambert 2 SPECIAL COUNCIL MEETING, AUGUST 10, 2012 Robert Wise Lonnie Brandt Bill Spencer Melissa Manda Kathy Gander John Orear Josh Harmon Glover Brown Mayor Struemph thanked all those who came forward to voice their opinions on the issue. GO INTO CLOSED SESSION Councilman Ralph Bray made a motion that, pursuant to Sec. 610.021 of the Revised Statutes of Missouri, the Council go into Closed Session to discuss the issue of Personnel, [Sec. 610.021(3)], seconded by Councilman Bob Weber. Following a lengthy discussion, Councilman Bob Weber called the question, seconded by Councilman Rick Prather, and approved by the following roll -call vote: Aye: Bray, Carroll, Mihalevich, Prather, Schulte, Scrivner, and Weber Nay: Henry, Luebbert, and Pope The original motion to go into Closed Session was then defeated by the following roll - call vote: Aye: Bray, Luebbert, Schulte, and Weber Nay: Carroll, Henry, Mihalevich, Pope, Prather, and Scrivner COUNCIL ACTIONS IN OPEN SESSION Following a lengthy discussion by Council Members, Councilman Bryan Pope read a prepared statement regarding comments made by him to the media in the past week which he regrets having made. He stated his wish to move forward and work for the common good of the City, his constituents, and his fellow Council Members. At the conclusion of his statement, Councilman Pope made a motion as follows: 3 SPECIAL COUNCIL MEETING, AUGUST 10, 2012 "I move for the Council to take a vote of confidence regarding the City Administrator as follows: `We the members of the City Council of the City of Jefferson state that we have confidence in the administration of Nathan Nickolaus.' " Mayor Struemph asked if City Administrator Nathan Nickolaus had any comments to make at this point. Mr. Nickolaus read a prepared statement in which he thanked people who have supported him in the past week, and stated (excerpted) as follows: "As I have repeatedly said my actions broke no law, nor were they unethical. I did not contradict any policy of the Council. Most importantly, my statements were truthful and intended to further the best interests of the City as I understand those interests. Nevertheless, had I known the reaction my email would cause, justified or not, I would never have sent it. The controversy of the last week has distracted the focus of City government. For that I am sorry." Following a lengthy discussion, Councilman Rick Mihalevich called the question, seconded by Councilman Bob Weber, and approved unanimously by the following roll - call vote: Aye: Bray, Carroll, Henry, Luebbert, Mihalevich, Pope, Prather, Schulte, Scrivner, and Weber Nay: None The original motion was then approved by the following roll -call vote: Aye: Bray, Henry, Luebbert, Mihalevich, Prather, Schulte, Scrivner, and Weber Nay: Carroll and Pope ADJOURNMENT A motion to adjourn was made by Councilman Bob Weber, seconded by Councilman Shawn Schulte, and approved unanimously at 4:40 P.M.