HomeMy WebLinkAbout10/04/2002 - Special Meeting - City Council 419
SPECIAL CITY COUNCIL MEETING
CITY OF COSTA MESA
OCTOBER 4, 2002
The City Council of the City of Costa Mesa, California, met in special
session on October 4, 2002, at 8:23 A.M., in Conference Room 1-A of
City Hall, 77 Fair Drive, Costa Mesa. Notice of the special meeting was
given as required by law. The meeting was called to order by Mayor
Dixon.
ROLL CALL Council Members Present: Mayor Linda Dixon.
Mayor Pro Tern Gary Monahan
Council Member Libby Cowan
Council Member Karen Robinson
Council Member Chris Steel
Council Members Absent: None
Officials Present: City Manager Allan Roeder
Administrative Services Director Steve
Hayman
Personnel Manager Howard Perkins
Deputy City Clerk Julie Folcik
ORAL Eleanor Egan, 1893 Parkview Circle, Costa Mesa, expressed her shock
COMMUNICATIONS at the news of the City Council action taken against the City Attorney.
She enlightened the Council that as having served as Assistant City
Attorney for the City of Costa Mesa, she had the privilege of working
with Jerry Scheer, and= listed his attributes as that of thoughtful,
considerate and respectful.- She was hopeful that the he would be
exonerated.
PUBLIC SESSION Pursuant to Section 54957 of th_-e:California Government Code a public
session, at the request of City Attorney Jerry Scheer, regarding the
employee performanceevaluationof the City Attorney was held.
Continuance Greg Petersen,-Atto_rney'at Law, The Petersen Firm, 2755 Bristol Street,
Requested Suite 280, Costa Mesa, representing City Attorney Jerry Scheer,
requested Council continue the matter due to stated personal reasons.
He added that Mr. Scheer is under medical treatment for hypertension
and, therefore, unable to address the Council at this time.
Legal Counsel/Brown Melanie Poturica, of Leibert, Cassidy and Whitmore, 6033 West
Act Century Boulevard, Suite 500, Los Angeles, legal counsel for the City,
informed Council of a potential Conflict of Interest and until confirmed
she would only advise on matters in relation to the Brown Act. She
addressed Council Member Cowan's inquiry of the appropriateness of
engaging in discussion regarding the possibility of returning Jerry
Scheer from administrative leave, and the ability to take action to that
effect. Counsel opined that discussion could take place under the
"umbrella" of the evaluation. She emphasized that evaluations are
typically conducted in closed session, but advised that discussion could
be•conducted in open session, regarding the evaluation, since Mr.
Scheer requested it.
Petersen's Comments Mr. Greg Petersen, presented his position stating the open session was
requested to "conduct an investigation, not an evaluation." He quoted
the Government Code. "The employee is entitled to an open session on
any allegations of misconduct, complaints against him by any employee
or other person." He stated that allegations have not yet been received.
He requested that the open session be continued, and had no objection
to proceeding to the closed session regarding the evaluation. Mr.
4.20
Petersen commented that the Council took action to place Mr. Scheer
on Administrative Leave during closed session, perhaps they could
reinstate him in closed session.
MOTION/Continue On motion by Council Member Cowan, seconded by Mayor Dixon, and
Open Session carried 5-0, to continue the open session of the special meeting to a
time to be determined and to proceed with the closed session for the
purpose of conducting an evaluation.
Adjourned to Closed The meeting adjourned to the closed session at 8:50 a.m.
Session
Pursuant to Section 54957 of the California Government Code a closed
session to conduct a performance evaluation of the city employee, was
held.
Mayor Dixon reconvened the meeting at 9:25 a.m.
MOTION/Rescinded On motion by Council Member Steel, seconded by Council Member
Administrative Leave Cowan, and carried 3-2, Mayor Pro Tem Monahan and Council Member
Robinson voting no, to rescind the Administrative Leave of the City
Attorney, effective immediately.
ADJOURNMENT The Mayor declared the meeting adjourned at 9:28 a.m.
1 '
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Mayor of the ity . osta Mesa
ATTEST;
Depu►�1City Cleri<_of-the City-of Costa Mesa