HomeMy WebLinkAbout01/13/2015 - City Council Special Closed SessionSPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL
CITY OF COSTA MESA
January 13, 2015
The City Council of the City of Costa Mesa, California met in a Special Closed
Session, on Tuesday, January 13, 2015 at 4:35 p.m. in the Council Chambers, 77,
Fair Drive, Costa Mesa.
Council Member Monahan called the meeting to order.
ROLL CALL:
Council Members Present: Council Member Katrina Foley
Council Member Sandra Genis
Council Member Gary Monahan
Mayor Pro Tem James M. Righeimer (arrived at 4:41 p.m.)
Mayor Stephen M. Mensinger (arrived at 4:37 p.m.)
Council Members Absent: None
CLOSED SESSION
1. Conference with Thomas R. Hatch, Chief Executive Officer, and Labor Negotiator,
Agency Negotiator regarding Costa Mesa Police Management Association
(CMPMA), pursuant to California Government Code Section 54957.6
2. Conference with Thomas R. Hatch, Chief Executive Officer, and Labor Negotiator,
Agency Negotiator regarding Costa Mesa Police Officers Association (CMPA),
pursuant to California Government Code Section 54957.6
PUBLIC COMMENTS:
None Received.
Council Member Foley spoke on the lawsuit filed by Mayor Mensinger and Mayor Pro
Tem Righeimer against the Costa Mesa Police Association (CMPA). She stated that
the Costa Mesa Police Management Association (CMPMA) and the Costa Mesa
Police Officers Association (CMPA) contracts are almost identical and that the Mayor
and Mayor Pro Tem should have a conflict of interest with both associations. Council
Member Foley requested an opinion from the California Attorney General whether
they can participate in the bargaining process regarding a majority of the quorum
being able to vote versus a majority of the Council during negotiations. (00:01:38)
Council Member Monahan stated contracts require three votes regardless of
abstentions and that an opinion from the Attorney General is welcomed but would not
be binding. (00:04:27)
Minutes — Special Closed Meeting — January 13, 2015 — Page 1
Council Member Foley spoke on the uniqueness of the scenario; the District Attorney
investigation and that the civil lawsuit initiated seeks monetary damages which is a
conflict of interest. (00:07:26)
Council Member Genis asked if the City Attorney has reviewed the letter received
from the law firm, Silver, Hadden, Silver & Levine. (00:08:18)
City Attorney Tom Duarte replied he had reviewed the letter and determined that
there is no conflict of interest, and that Mayor Mensinger and Mayor Pro Tem
Righeimer can participate in negotiations for the CMPMA. (00:08:41)
Mayor Mensinger asked if there are any Ex Parte Communications pursuant to
Municipal Code Section 2-238(b). (00:09:18)
Council Member Foley replied that she spoke with Mr. Dimmel to obtain the status of
negotiations prior to being elected as a Council Member. (00:09:25)
Council Member Monahan inquired if Mayor Mensinger and Mayor Pro Tem
Righeimer are able to participate in the discussions. (00:09:46)
City Attorney Tom Duarte replied that in respect to the CMPA, Mayor Mensinger and
Mayor Pro Tem Righeimer will recuse themselves because of a conflict of interest.
(00:09:59)
Council Member Foley objected to the participation of Mayor Mensinger and Mayor
Pro Tem Righeimer for the CMPMA negotiations because both the CMPMA and
CMPA contracts are almost identical. (00:10:08)
Council Member Monahan stated the City Attorney stated that there is no conflict of
interest if Mayor Mensinger and Mayor Pro Tem Righeimer participates for the
CMPMA. (00:11:03)
Mayor Pro Tem Righeimer spoke on the lawsuit against the Police Association and
spoke regarding the District Attorney's comments. He stated he will participate in the
CMPMA negotiations; and requested City Attorney to judge if they could participate in
CMPA. (00:11:18)
Council Member Foley spoke on the civil case and the District Attorney's comments.
(00:14:47)
City Attorney Tom Duarte advised they should adjourn to closed session.
The Mayor recessed the meeting to Conference Room 5A for the closed session.
(00:18:48)
City Attorney Tom Duarte stated there would be no reportable action.
Minutes — Special Closed Meeting — January 13, 2015 — Page 2
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ADJOURNMENT
The stT*ajj arned4-:15 p.m.
Stephen M. Mensinger, Mayor
ATTEST:
P(ffda- *U�
Brenda Green, dity Clerk
Minutes - Special Closed Meeting - January 13, 2015 - Page 3