HomeMy WebLinkAbout01b. Minutes - 07-29-10 Special Meeting
MINUTES OF THE
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF DOWNEY
SPECIAL MEETING
JULY 29, 2010
The City Council/Community Development Commission of the City of Downey held a Special
Meeting at 4:13 p.m., July 29, 2010, in the Council Chamber of the Downey City Hall, 11111
Brookshire Avenue, Downey, California, Mayor/Chairperson Anne M. Bayer presiding.
PRESENT:
Council Members/Commissioners:
Anne M. Bayer Mayor/Chairperson
Luis H. Marquez Mayor Pro Tem/Vice-Chairperson
Roger C. Brossmer
David R. Gafin
Mario A. Guerra
ALSO PRESENT:
Gerald M. Caton, City Manager/Executive Director
Edward W. Lee, City Attorney/Agency Counsel
Kathleen L. Midstokke, City Clerk/Secretary
Susan Domen, Deputy City Clerk
Other City Staff
1. RECEIVED AND FILED AFFIDAVIT OF NOTICE OF SPECIAL MEETING:
City Clerk.
It was moved by Council Member Gafin, seconded by Mayor Bayer and so ordered to
receive and file.
PUBLIC COMMENT ON SPECIAL MEETING AGENDA ITEMS:
Lennie Whittington, resident of Downey, stated he did not think it was proper to release either
the City Attorney or the Law Firm due to their relationship with the City of Bell as they have always
provided excellent service to the City.
Maria Larkin, resident of Downey, stated that the City Attorney has done a good job for many
years and what happened in the City of Bell will not happen in Downey.
RECESSED TO CLOSED SESSION:
recessing to Closed
Mayor/Chairperson Bayer announced the Council/Commission is
Session
(4:17 p.m.) to discuss matters under the authority of the following sections of the
Government Code:
1. Government Code Section 54957 – Public Employee Performance Evaluation – City
Attorney;
2. Government Code Section 54957 – Public Employee Dismissal/Release – City Attorney.
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City Council/Community Dev. Comm. Minutes (Special) 07/29/10
RECONVENED:
reconvened
The meeting in Open Session at 5:37p.m. with all Council
Members/Commissioners present. City Clerk Midstokke announced that the City
terminate the services of Edward W.
Council/Community Development Commission action was to
Lee as City Attorney for the City of Downey.
The vote was 3/2.
2. REVIEW AND POSSIBLE TERMINATION OF LEGAL SERVICES AGREEMENT WITH
BEST BEST & KRIEGER LLP FOR CITY ATTORNEY AND AGENCY COUNSEL
SERVICES:
Administration.
City Manager Caton explained that he had provided a copy of the Legal Services agreement
for Best Best & Krieger to the Council and requested direction on how to proceed.
It was moved by Council Member Guerra, seconded by Council Member Brossmer and
carried, noting the dissents of Council Member Gafin and Mayor Bayer, directing the City Manager
to terminate the contract and initiate proceedings to search for a new law firm.
Prior to the vote, Council Member Brossmer stated that this is a difficult decision and does
that the Council feels the firm can no longer provide adequate representation and the attention the
City needs.
Council Member Gafin noted he is concerned for the guilt by association syndrome that is
occurring and noted that the City Attorney has always served the City well.
Council Member Guerra explained that the firm was hired in May 2007 and has lived up to
the contract. He continued that this is not a direct reflection on the City Attorney; however, he is
concerned with being associated with the cities of Maywood and Bell as this is a conservative,
ethical City. He feels they are swiftly acting in the best interest of the City. .
Mayor Bayer noted that in the United States one is innocent until proven guilty and that she
feels this is a sad day for Downey.
ADJOURNMENT:
The meeting adjourned at 5:45 p.m.
___________________________________________ __________________________________
KATHLEEN L. MIDSTOKKE, City Clerk/Secretary ANNE M. BAYER, Mayor/Chairperson
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City Council/Community Dev. Comm. Minutes (Special) 07/29/10