HomeMy WebLinkAbout01/05/1994 Special Council Meeting MinutesMINUTES OF SPECIAL COUNCIL MEETING, MARANA TOWN COUNCIL
JANUARY 5, 1994
DATE
January 5, 1994
PLACE
Marana Town Hall
I. CALL TO ORDER
At 7:12 by Mayor Ora M. Ham
II. PLEDGE OF ALLEGIANCE
Led by Mayor Ora M. Ham
III. INVOCATION
Delivered by Mayor Ora M. Ham
IV. ROLL CALL
Ora M. Ham
Sharon Price
Tom Clark
Ed Honea
Betty Horrigan
Herb Kal
Helen Key
Mayor
Vice Mayor
Council Member
Coundfl Member
Council Member
Council Member
Council Member
Staff
Hurvie Davis
Sandra L. Groseclose
Dan HochuFx
Kelly Schwab
Dave Smith
Town Manager
Town Clerk
Town Attorney
Town Attorney
Chief of Police
Jerry Pipes and his attorney, Sheldon Lazarow.
Four Members of the Pubhc.
V. APPROVAL OF AGENDA
A motion was made by Helen Key, seconded by Tom Clark and carried unanimously to
approve the agenda
VI. ORDER OF BUSINESS
A. Administrative Hearing pursuant to the Marana Personnel Pohcy Manual to
review the disciphnary action taken by the Town Manager against former Police Officer
Jerry Pipes, resulting in his termination of employment. During tlYm administrative
Hearing, there will be Execuhve Sessions pursuant to A.R.S. 38-431.03 (A) (3) and (4) for
discussion and consultation with the Town Attorney to consider its position regarding
procedural questions, and to consider the Town's posifmn and instruct its attorney regarding
the Administrative Hearing.
Kelly Schwab gave opening statement
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Sheldon Lazarow addressed the Council
Kelly Schwab call Police Chief Dave Smith to tesUxfy.
Police Chief Dave Smith was sworn in by Dan HochuY~.
Recess
7:25 P.M.
Back In Session
7:37 P.M.
Kelly Schwab asked questions of Dave Smith
Kelly Schwab ealled Town Manager Hurvie Davis to testify.
Town Manager Hurvie Davis was sworn in by Dan Hochuli.
Kelly Schwab asked question of Hurvie Davis
Sheldon Lazarow_called Officer Keith Utter to tesUffy.
Dan HochuYx swore in Officer Keith Utter~
Sheldon Lazarow asked quesf~ons of Officer Keith Utter.
Kelly Schwab asked questions of Officer Keith Utter.
Helen Key asked questions of Officer Keith Utter.
Recess
8:50 P.M.
Back in Session
9:02 P.M.
Sheldon Lazarow called Jerry Pipes to testify.
Jerry Pipes was sworn in by Dan Hochuli
Sheldon Lazarow asked questions of Jerry Pipes
Recess
9:47 P,M.
Back in Session
9:55 P.M.
Sheldon Lazarow continued to ask questions of Jerry Pipes.
Kelly Schwab asked questions of Jerry Pipes
Council Members asked many question of Chief Dave Smith, Jerry Pipes, Hurvie Davis
The Council heard Kelly Schwab's Summary.
The Council then heard Sheldon's Summary.
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A motion was made by Ed Honea, seconded by Helen Key and carried unanimously to go into
l~xecutive Session. Time 10:47 P.M.
A motion was made by Betty Horrigan to continue this meeting to another date. The motion
died for the lack of a second.
A motion was made by Tom Clark, seconded by Sharon Price not uphold the Town Mangers
decision and reinstate Jerry Pipes as an officer of the Marana Police Department with full
back pay.
A motion was made by Ed Honea, seconded by Helen Key to amend Tom Clarks motion to
read reinstate Jerry Pipes effective January 15, 1994 with no back pay.
Ed Honea withdrew his motion.
A mouton was made by Helen Key to reinstate Jerry Pipes to the Marana Police Department,
January 15, 1994. Mo~on c~ed for the lack of a second.
A motion was made by Herb Kal, seconded by Ed Honea to amend Tom Clarks motion to
reinstate Jerry Pipes on January 15, 1994 with back pay and inserffmg a letter of reprimand
describing the situation. The amendment to the motion passed 6 to 1 with Tom Clark voting
no.
The Council then voted on the amended motion. "Not to uphold the action by Town Manager
Hurvie Davis and to reinstate Jerry Pipes as an officer of the Marana Police Department
effective January 15, 1994 with full back pay and a letter of reprimand is to be put in Jerry
Pipes personnel file stating the Council's displeasure with the incident. The motion carried
6 to 1 with Tom Clark voting nay.
Returned~om ExecutiveSession
~me11:25P.M.
VII. FUTURE AGENDAITEMS
NONE
VIII. ADJOURNMENT
A motion was made by Sharon Price, seconded by Tom Clm'k and carried unanimously to
adjourn. Time: 11:50 P.M.
AUDIO TAPES OF THE MEETING ARE AVAILABLE AT THE MARANA TOWN HALL,
CLERK'S OFFICE
I hereby certify that the foregoing minutes are a true and correct copy of the Special Council
~ I further certify that a quorum was present.
se, Town Cl~rk ' Page 3