REGULAR CITY COUNCIL MEETING CITY OF BALCH SPRINGS JANUARY 22, :00 PM MINUTES

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1 REGULAR CITY COUNCIL MEETING CITY OF BALCH SPRINGS JANUARY 22, :00 PM MINUTES Identification of a quorum. Present: Councilmember Moon Councilmember Shelby Councilmember Patel Councilmember Rushing Mayor Pro Tem Adams Councilmember Hill Mayor Gorwood A quorum was present and Mayor Gorwood called the meeting to order at 7:01PM. Staff: Suzy Cluse, City Manager Mark Morris, Assistant to City Manager Cindy Gross, City Secretary Jon Haber, Police Chief Randy Smith, Fire Chief Lupe Baladez, Inspections William Freeman, Public Works Chris Dyser, Planning Department Monte Akers, City Attorney Invocation was given by Pastor Bryan Chance, Bible Way Tabernacle Church. Pledge to the US Flag and the Texas Flag was led by Jon Haber, Police Chief. City Secretary: January 24th - AT&T Grand Opening & Ribbon Cutting Ceremony: 11:30AM - 1:00PM, Lake June Road. February 8th Mayor s State of the City Address will be held at the Civic Center: Elam Road at 6:30pm. February 28th EDC Business Summit: 11:00am-1:00pm, at the Civic Center Elam Rd. April 21st The Balch Springs Weekend Blast: 9:00am-2:00pm at the Civic center Elam Road. May 5, General Election is scheduled for Saturday, May 5, 2018, for the purpose of electing the following positions: Place 2 (At-Large), Place 4, and Place 6. The first day to file application for place on the ballot begins January 17, 2018 and the last day is February 16, 2018, by 5:00PM. Candidates election packets will ready be ready for pickup on January 3,

2 Presentation(s): Presentation by Community Waste Disposal (CWD) regarding the Annual Review for the City of Balch Springs. Robert Medigovich, CWD, gave a presentation regarding the Community Waste Disposal (CWD) Annual Review for Citizen Comments. Speaker: Eddie Conley, Spring Branch, Balch Springs, TX Subject: Spoke to City Council regarding the Citizens on Patrol (COP) program. Speaker: Billie Gorwood, Quail Dr., Balch Springs, TX Subject: Spoke to City Council regarding Police Chief Haber Speaker: Axel Varela, 3301 Glenshire Dr., #1803, Balch Springs, TX Subject: Spoke to City Council regarding Net Neutrality & the creation of a Local Government Internet Provider. Speaker: Subject: Raymoondo Lee, 1231 Candlelight Ave., Duncanville, Tx. Spoke to City Council regarding the Police Chief Haber and his non-profit organization working with the City and community relations. Speaker: Rickie Brumfield, Marsha Dr., Balch Springs, TX Subject: Spoke to City Council regarding Police Chief Haber. Speaker: Howard Williamson, Old Elam Rd., Balch Springs, TX Subject: Spoke to City Council regarding properties and court fees. Mayor Gorwood closed citizen s comments. CONSENT AGENDA A. APPROVAL OF MINUTES: 1. December 11, Regular Meeting 2. December 11, Workshop Meeting Councilmember Rushing moved to approve the consent agenda with exception of December 11, Regular Meeting. Councilmember Hill seconds the motion. Voting for this motion were Councilmember Moon, Councilmember Shelby, Councilmember Patel, Councilmember Rushing, Mayor Pro Tem Adams and Councilmember Hill. Motion passed. (6-0) REPORTS/UPDATES: 1. Report by the Executive Staff regarding any significant event that has occurred since the last regular Council meeting. 2

3 Randy Smith, Fire Chief informed the City Council that Matt Ballard, Russell Morgan, Jack Branton and Perry Kaemmerling received certifications for Meritorious Team Commendation for dedication, pride and professionalism displayed. Jon Haber, Police Chief informed the City Council that the Guardian Angels were in the city this past weekend, and will provide a report at a later date. Chief Haber stated that the Police Executive Research Forum conducted departmental training on January 17th and 18th and 24th of January. Chief Haber requested that executive session item 2B be in open session. INDIVIDUAL ITEMS: A1. December 11, Regular Meeting Postponed until the next meeting. 1. Consideration and action to direct staff to initiate process to amend Section of the City Code regarding restrictions on specific streets. Mayor Pro Tem Adams addressed concerns regarding no parking signs on Cumberland Trail and Pioneer Road. Mayor Gorwood and City Councilmember's held a discussion regarding notifying residents in that area of the proposed ordinance change and city ordinances regarding no parking in certain areas of the city. Councilmember Moon moved to direct staff to follow the recommendations of the City Attorney's to review the Texas Manual on Uniform Traffic Control Devices to see if the streets qualify for no parking signs. Mayor Pro Tem Adams seconds the motion. Voting for this motion were Councilmember Moon, Councilmember Shelby, Councilmember Patel, Councilmember Rushing, Mayor Pro Tem Adams and Councilmember Hill. Motion passed. (6-0) City Secretary informed the Mayor and City Councilmember's that there is a request from individual(s) who would like to speak under citizens comments. There were no objections from the City Councilmember's. Speaker: Subject: Ernest Walker, 1910 Pacific Ave, Dallas, Tx. Spoke to City Council regarding the city needs healing, leadership from the City Council and move forward. Speaker: Ronald Wright, 9424 Military Pkwy, Dallas, Tx Subject: Spoke to City Council regarding the police department and City Council working together. Mayor Gorwood announced that executive session item "C" will not be discussed tonight due to a discrepancy with the posting of the agenda on the bulletin board and website, also Chief Haber has requested that executive session item "B" is in open session. B. Discussion of the duties of Police Chief Haber in regards to the Dallas Morning News report on Michael Cunningham Case Status and the supplemental order of Judge Lindsay on the City's motion summary judgment in the case. 3

4 Chief Haber stated that the City Council and Police Department have been through a lot; most recent was the officer involved shooting that occurred on April 29, Chief Haber believes that as the city prepares for the trial, the city needs to have a united front. Chief Haber stated that he was involved in a task that occurred over 6 years ago. Chief Haber stated that when the incident occurred, regarding the Michael Cunningham case; I was a sergeant of patrol at that time. Chief Haber stated that the case was previously settled out of court and there are questions has to why the judge ruled the way he did. Chief Haber stated that if Mayor Pro Tem Adams has further questions regarding this case, he would be happy to answer any questions that she or any other Councilmember may have. Chief Haber gave a summary of the altercation involving Cunningham and a former employee, at a convenience store that occurred in Mayor Pro Tem Adams stated that we as Councilmember's have a duty and responsibility to look into any and all matters of the city. Mayor Pro Tem Adams presented videos pertaining to the incident, which involved Michael Cunningham and a former city employee. Mayor Pro Tem Adams stated that the City Council has not looked into this matter regarding the individual that reported an assault and the judge presiding over the case. Mayor Pro Tem Adams stated the City Council has been silent too long regarding matters that should have been looked into a long time ago. Mayor Pro Tem Adams stated the City Council did receive brief updates from the City Attorney at a previous meeting. Councilmember Hill stated that she was not a City Councilmember in 2011, but did bring to the City Council's attention when Chief Haber was hired as the Police Chief. Councilmember Hill stated that after further research, Mr. Cunningham had an excellent record and had never been in any trouble, but Mr. Ortega had an anger management problem and was eventually terminated for attendance issues. Councilmember Hill addressed concerns regarding that Mr. Ortega's charges were drop and was not terminated until 3 years later, but Mr. Cunningham was arrested in the presence of his family. Chief Haber stated that the individuals in question had some prior incidents when in employed with the city, but there was no documentation regarding any other incidents. Chief Haber stated that if there were any dispensary action and/or termination regarding these individuals, which were involved in this incident, it would come from the city. Councilmember Rushing addressed concerns as to how this information is being obtained, due to any information that she requested, regarding executive staff, had gone through the city council. Councilmember Rushing addressed concerns regarding the recent school shooting, and the police department being able to their jobs. Mayor Pro Tem Adams believes that an investigation should be conduct regarding this matter, due to a federal judge giving their opinions regarding the matter. Monte Akers, City Attorney stated that he is in agreement with Mayor Pro Tem Adams. That all City Councilmember's have a duty and responsibility to look into any and all matters of the city, and also that the City Council should have looked into this matter before know. However, the timing raises other legal issues: the incident in the video 4

5 occurred in 2011, seven (7) years ago, the lawsuit was filed in 2013, five (5) years ago. Mr. Akers stated that the lawsuit appeared to have gone away; suddenly it was revived by a ruling of a judge in April 2017, but, in the mean time there were the Edwards shooting and a lot of public scrutiny. Mr. Akers addressed concerns regarding doing an investigation in this matter, when it's all ready been through the courts, subject to litigation, and settlement in the case. Mr. Akers stated that Mr. Cunningham did receive a settlement in settling this case. Mr. Akers stated that the focus is now on Chief Haber, who was not the Police Chief in 2011, who was not present at the convenience store, and did not order that Mr. Cunningham be arrested. Mr. Akers held a discussion regarding the terms of Chief Haber's employment contract. Mr. Akers stated that if any disciplinary action or termination regarding Chief Haber, we would need to look at the contract. It's Mr. Akers opinion that if the City Council were to discipline Chief Haber, the City Council runs a risk of more financial obligations. Mr. Akers stated that since there was no action taken by the City Council when incident occurred and the City Council focus was on Chief Haber; it could appear to be retaliation or harassment. Mr. Akers advised the City Council to accept what has happen and move forward. Councilmember Moon stated that the individuals involved in this matter could file charges against one another. Councilmember Moon addressed concerns that the City Council at that time should have taken action against the former Police Chief. Councilmember Moon believes that the City Council needs to move past this and set an example for our constituents that the City Council represents. Councilmember Moon believes that Chief Haber has done a good job and has been transparent since he has become the Police Chief. Councilmember Rushing addressed concerns that it s the media, and Mr. Cunningham received a settlement in this case, as well others. Councilmember Rushing believes that the police department has done their job and continues to do an outstanding job. Councilmember Hill addressed concerns regarding the City Council not seeing the intergeneration video prior to seeing it on the internet. Councilmember Hill addressed concerns of prior requests for community events for the youth of this community, and the sigma or harassment of the police department. It's Councilmember Hill's opinion that an audit or something needs to done, starting with the police department. Mayor Pro Tem Adams stated this is her agenda item and glad that it's in open session, and individuals have voiced their opinions. Mayor Pro Tem Adams addressed concerns regarding how this agenda item has been blown out of portion; nothing has been said about retaliation or discipline regarding Chief Haber. Mayor Pro Tem Adams stated that all she was asking for is an investigation; it's about fairness, justice, and to let everybody explain and get the questions answered. Mayor Pro Tem Adams stated that she would like for her constituents to know that she tried and did not compromise. Chief Haber stated that he knows that there are differences and struggles between members of the City Council and himself, but we are to work together to make this community better. Mayor Gorwood stated in closing that he did review the video tapes regarding this incident and decisions were made at that time that Chief Haber had no control over. Mayor Gorwood believes that Chief Haber has done an excellent job as Police Chief. 5

6 NOTICE OF EXECUTIVE SESSION 2. Council to hold Executive Session under Sections (Advice of Attorney), (Personnel) and Section (Real Property) with regard to a matter that is the duty of the attorney to consult with Council and falls under the attorney-client privilege or with regard to a matter that involves litigation or contemplated litigation or claims, of the Texas Government Code: Council convened into closed session at 8:39PM A. Deliberation regarding employment and benefits for the municipal judge position. C. Deliberation regarding the possible sale of real property owned by the City to a third party. 3. Take action, if any, on matters discussed in Executive Session. Council reconvened into open session at 9:18PM Mayor Gorwood would like to suggested the motion language for Councilmember Moon, "to direct city staff to bring back a proposal to permit part-time employees the opportunity to buy into the health insurance pool, with later consideration by the City Council and to investigate long-term what it would take for part-time employees to become part of the health insurance on a regular basis". Councilmember Moon moved to accept Mayor Gorwood's language. Councilmember Patel seconds the motion. Voting for this motion was Councilmember Moon, Councilmember Shelby, Councilmember Patel, Councilmember Rushing, Mayor Pro Tem Adams and Councilmember Hill. Motion Passed. (6-0) Mr. Akers suggested that the motion be that "the city confirms that Judge Huffman qualifies for Texas Municipal Retirement Systems (TMRS) benefits, if Judge Huffman does qualify for the retirement benefits that they are extended to her under the city's current policy". Councilmember Moon moved to accept the City Attorney's motion language. Councilmember Rushing seconds the motion. Voting for this motion was Councilmember Moon, Councilmember Shelby, Councilmember Patel, Councilmember Rushing, Mayor Pro Tem Adams and Councilmember Hill. Motion Passed. (6-0) 4. Announcements, requests for information, and/or new business to be placed on future agendas. Mayor Pro Tem Adams update by City Attorney regarding the status of City Prosecutor. (Next agenda) Councilmember Hill the pay grade step process from present for Public Safety and goals and objectives for executive staff. Councilmember Rushing - changes in personnel reports Mayor Gorwood - report/update regarding the tourism department. 6

7 Councilmember Patel - will be out the country for the month of February. 5. Closing prayer. Mayor Gorwood gave the closing prayer. 6. Adjourn. Mayor Gorwood adjourned the council meeting at 9:27pm. PASSED AND APPROVED AT A REGULAR MEETING HELD ON FEBRUARY 26, Mayor City Secretary 7