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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 Page 1 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. Page 2 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