MIN CC 05/04/2004CITY COUNCIL MEETING OF MAY 4, 2004 BOOK "T"
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MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 4TH DAY OF MAY 2004, IN THE CITY HALL,
LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 6:00 P.M.
The Council met in a regular session with the following members present
COUNCILMEMBERS:
Judy Kayse
OFFICERS:
Karl Davidson, Mayor
Steed Smith
Kevin Evans, City Manager
Jack Choate
Bob Tavenner
Danna Welter, City Secretary
Gary Crawford
Jim Willett
Thomas Leeper, City Attorney
Vance Howard
Mac Woodward
FINANCE COMMITTEE WORK SESSION [5:05 -5:45 p.m.]
The City Council Finance Committee conducted a work session to discuss second quarter reports and the quarterly
investment report.
CALL TO ORDER [6:00 p.m.]
Mayor Davidson called the regular session to order.
PLEDGE OF ALLEGIANCE to US AND TEXAS FLAGS, INVOCATION
Reverend Karl Choate led the invocation.
PRESENTATIONS
Mayor Davidson read Proclamation 2004 -18 Proclamation — Municipal Clerk Week, May 2 -8, 2004, accepted by City
Secretary Danna Welter; Proclamation 2004 -19 - Tourism Week, May 8-16,2004, accepted by Rhonda Ellisor, Chamber of
Commerce; and Proclamation 2004 -20- Public Works Week, May 16-22,2004, accepted by Operations Superintendent Bill
Daugette.
PUBLIC COMMENTS
1. Brian Woodward. Mr. Woodward spoke against the proposed public comments presentation requirements and spoke to
the accusations against the Mayor by Ms. Walker.
2. Karl Choate. Mr. Choate suggested the Council set aside their personal feelings and get on with the City's business.
3. John Strickland. Mr. Strickland spoke in opposition of changing citizen's input.
CONSENTAGENDA
1. Approve the minutes of February 3, February 10, February 17, March 2, March 23, April 6, April 13 and April 20, 2004
City Council meetings.
Councilmember Howard moved to aoorove the Consent Agenda: and Councilmember Crawford seconded the
motion. The motion Passed 9-0.
STATUTORY AGENDA
1. Consider action to adopt a standard procedure for presentation of public comments.
Councilmember Crawford presented City Council a letter with the following proposed procedure for public comments:
Each memberof the public who appears before the City Council shall be limited to a maximum of five (5) minutes
to make his or her remarks. Time for each speaker shall be maintained by the Mayor or such other designated
representative of the Council.
In matters of exceptional interest or legitimate informational value, the Council by majority vote may extend an
additional five (5) minutes to that particular member of the public.
No member of the public shall have the authority to pass or allocate his or her time or turn to any other person.
It is the intent of the Huntsville City Council to provide an opportunity to the public to address the Council and
express themselves on issues on the agenda. Public input or information may have a direct impact on the outcome of a
vote by the Council. (Citizen input will be limited to agenda items only.) All citizens are encouraged to contact their City
Council representative or any Councilmember with concerns about our City.
It is not the intention of the City Council to provide a public forum for the demeaning of any individual or group.
Neither is it the intention of the Council to allow a member (or members) of the public to insult the honesty and /or the
integrity of the Council or Mayor as a body, or any member or members of the Council, individually or collectively.
Accordingly, profane, insulting, or threatening language directed toward the Council and or the Mayor or any person
in the Council's presence and /or any racial, ethnic, or gender slurs or epithets will not be tolerated.
Any person in violation of these rules will be suspended from addressing Council (record kept by the City
Secretary). Any person who purposefully disrupts a Council meeting byword or deed will be asked to leave. If a citizen
has a complaint about City services or the lack thereof, billing problems, City operations or any public works or public
services, public parks, municipal court, or any other City functions or operations, the concerns or complaints should be
taken up with the Chief Administrative Officer of our City ('the City Manager"). His door is open to our community.
If any person is not satisfied with the City Managers response or solution, that same person shall supplythe City
Secretary with a written or typed complaint to be passed on to the City Council and the Mayor. Council will in turn give
CITY COUNCIL MEETING OF MAY 4 2004 BOOK T" 125 —
i that person a fifteen (15) minute allotment at the next convenient Council meeting (not to exceed two (2) regularC
meetings). This time will be allotted after all other regular agenda items are concluded (no more than three (3) persons
per meeting). !'
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It is the desire of the City Council that all future City Council meetings be executed with the decorum and proficient j!
professionalism our citizens deserve.
Councilmember Crawford moved to approve the presented procedure for presentation of public comments as
submitted: and Councilmember Choate seconded the motion The motion passed 5-4 with Mayor Davidson and ;!
Councilmembers Tavenner Willett and Woodward voting against.
2. Consideraction on staff response to Councilmember Woodward's request far options as concerned with Ms. Margaret
!! Walker's allegations concerning the City Council election. j
II ISSUE: What are options for an appropriate response by the City of Huntsville, Texas (hereafter "the City') to .I
Margaret Walker's inquiry relating to alleged activities of City officeholders or candidates for City office regarding the
Pi pending City elections?
RESPONSE: The City has limited power to respond to Ms. Walkers inquiry. One option is to respond to Ms
Walkers literal question: "And my question isI would like to know why; why isitso important that Nate [Gdgsby]doesn't
run in the race ?" Council may make a statement as to who maybe a candidate for a council position. A second option
is that the City may make a statement as to what its policies are relative to hiring officers and employees or appointing
members of boards, commissions and committees of the City. A third option is that the City Council may act as an
investigative body to inquire into the alleged actions of Mayor Davidson; the Council would not have authorityto inquire
into the alleged conduct of Mrs. Delora King, as she is not presently an office holder, officer or employee of the City. If
Council were to act as an investigative body, it has no authority to act on the results of its investigation. Presumably,
Council could turn overany evidence it discovers to authorities which do have power to take anyaction which might be
appropriate.
DISCUSSION: The gravamen of Ms. Walkers comments appears to be an inquiry into the propriety of alleged
actions of Mayor Karl Davidson and candidate Mrs. Delora King. Taken literally, Ms. Walker only asked one question:
"And my question is I would like to know why; why is it so important that Nate [Grigsby] doesn't run in the race ?"
' However, a fair response requires an examination beyond that literal question.
The literal question can only be answered bythe individuals who have been alleged to have taken the action which
is subject of Ms. Walker's concern. The City would have no ability to respond directly, but could make a statement as to
who may be a candidate for council. The Charter, at Section 6.05 provides that "Any qualified person who desires to
become a candidate for election to the office of Mayor or Councilmember shall file ... an application ... " (emphasis
added). From this, Council could formulate an appropriate statement.
A statement of City policies relative to hiring officers and employees or appointing members of boards,
commissions and committees of the City would address part of Ms. Walkers concerns. In the course of her comments,
she stated: "And I don't understand how a job could be offered like that. I've been applying for work here since 2002
and I don't have a job. So I don't understand how that can be offered A statement of the policies would clarify that if
the events she described occurred as she believed them, then a job could not be offered by the City in that manner.
Finally, with regard to the Council acting as an investigative body, such action could only have limited effect. As
detailed above, the Council could only act with regard to the Mayor, but not candidate King. With regard to the
compelling of witnesses or production of evidence, I can not find currently in place any mechanism to enforce these
powers. Before undertaking the investigation, Council would have to pass appropriate ordinances to provide penalties
for contempt for failing or refusing to obey any subpoena or demand for production of evidence.
No action was taken on this item. I�
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3. Consideraction on any other allegations of wrongdoing by Councilmembers that may arise.
Mayor Davidson stated it "would not be appropriate or beneficial to this community if other allegations were brought
up at this time."
Councilmember Woodward stated there had been comments regarding accusations about Councilmember
Choate, and suggested the Council should not make anyobservations, comments, statements or other determinations
about that situation, as it is out of the Council's jurisdiction. I.
Councilmember Choate read a prepared statement regarding his position on the accusations.
ADJOURNM/EN,T, [6:45 p.m.]
'Danna Welter, City Secretary