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City Council Packet - 04/23/1981 i CITYOFTWAIW WASHINGTON COUNTY,OREGON SPECIAL MEETING NOTICE A special meeting of the Tigard City Council will be held on Thursday evening, April 23, 1981 at 7:30 P.M. in the bandroom of Fowler Junior High School, 10865 SW Walnut Street, Tigard, Oregon, for the purpose of: 1. Discussing the dismissal of City Administrator Raeldon R. Barker at an open hearing he has requested pursuant to ORS 192.660 (1)(b); and 2. To discuss the selection of the new city attorney. Mayor — City of Tigard t 12420 S.W. AAAiN P.O. BOX 23397 TIGARD, OREGON 97223 PH: 639-4171 T I G A R D C I T Y C 0 U N C I L SPECIAL MEETING MINUTES , APRIL^23 , 1981 ,V7 :_30 P..�I. 1 . ROLL CALL: Present : Mayor Wilbur Bishop; Councilmen Tom Brian , John Cook, Kenneth Scheckla ; Councilwoman Nancie Stimler; Legal Counsel , Joe Bailey; City Administrator , Raeldon R . Barker; Director of Public Works , Frank Currie ; Finance Director/City Recorder, Doris Hartig ; Planning Director , Aldie Howard ; Administrative Secretary, Loreen Wilson. 2 . DISCUSSION OF THE DISMISSAL OF' CITY ADMINISTRATOR RAELDON R . BARKER . (a) Mayor Bishop stated the purpose of the meeting was to discuss the dismissal of City Administrator Raeldon R . Barker at an open hearing he requested pursuant to ORS 192 . 660 ( 1 ) (b) and to discuss the selection of the new city attorney. Mayor Bishop continued to say that the City Council was aware of the citizen concern in this proposal and did not relish the task or the disruption it could cause in the harmony of the community. He stated that no Council member wished to act as City Administrator but did desire what was good for City government . (b) Legal Counsel requested an opportunity to explain to the audience the open meeting law and try to clear up the con— fusion regarding it . He noted that no performance evaluation can be discussed in executive session unless dealing with the subject of dismissal . Legal Counsel then quoted the ORS section regarding this topic . (c) City Administrator e,.:pressed his sincere appreciation to citizens , friends and employees for their attendance and support . lie proceeded to give a historical look at the three years and four months of his service to the City. Ile noted that upon arrival at the City, Council furnished him with a list of areas to be addressed, however, since that time he felt that no clear direction or goals had been set by the Council . The City Administrator went on to say that he has tried to support the International City Managers Association ' s Code of Ethics which he read and commented on. He expressed his desire to be available to the public, improve the quality of public service , and work as a team with the Council , staff and citizens . Mr . Barker continued on to say that he had requested the "on the record" Council meeting so that no questions would be left for his family, friends , or citizens as to the reason for the dismissal . He noted that communication between he and the Council had been limited and that it must be improved to accomplish good for the community. He expressed his concern that citizens know the reason for consideration of dismissal does not stem from any dishonest , immoral of illegal problem, _just a basic lack of communication. The City Administrator then requested Council not consider dismissal at this time. Rather hold a meeting with him and then one with him and the department head staff to discuss objectives and goals to be accomplished in a set time period with priorities addressed. If the guidelines and direction of Council are not carried out , in the reasonable time frame given, then Council dismiss him. The City Administrator advised citizens of the performance evaluation format which the Mayor proposed and expressed his appreciation for the chance to be evaluation . He also com- plimented the Mayor on the form which he prepared for this task. After City Council members made their own evaluations , the Mayor combined them to make a composit evaluation . This was presented to Mr. Barker at 4:00 P.M. on Monday, April 20 , 1981 by Mayor Bishop and Councilwoman Stimler. Due to the late hour of the Council meeting Council postponed considera- tion of the issue until April 23 , 1981 , at 7 : 30 P.M. Mr. Barker expressed his opinion that the request for dismissal seems extremely harsh at this time since he has not been given a chance to attempt reconciliation or respond to the con- cerns of the Council . (d) Councilman Brian responded to the City Administrator ' s comments and asked if he wished to meet in executive SCSSioil Lo discuss the points mentioned in the performance evaluation and possible dismissal . He also stated he would enjoy the opportunity to be candid with the Administrator in discussing his areas of concern. Motion by Councilman Brian, seconded by Councilman Cook, to adjourn the meeting into executive session. Mayor Bishop expressed his belief that the citizens should hear the charges and that the meeting should remain open to the public . (e) City Administrator stated he would not oppose an executive session if it was not held in the spirit of termination or as an indication of intent to fire him, but would willingly meet with Council in the very near future to discuss the performance evaluation and set goals and direction for his work. (f) Lengthy discussion followed regarding the possibility of an executive session being called. PAGE 2 - SPECIAL MEETING COUNCIL MINUTES , April 23 , 1981 (g) Councilman Brian called for the question. Motion to adjourn into executive session passed 3 to 2 , Councilman Scheckla and Mayor Bishop voting nay. (h) Lengthy discussion again followed regarding the executive session and its meaning and process . Councilman Brian agreed to not come out of executive session at this meeting to take final action. (i) Mayor Bishop advised the audience that the meeting would adjourn at this time into executive session. (j ) As the citizens refused to leave , Mayor Bishop called for a recess at 8 :20 P.M. Meeting was reconvened at 9 :08 P.M. (k) Motion by Councilman Brian, seconded by Councilman Cook to rescind the motion for executive session_ at this time . Approved by unanimous vote of Council . (1) Councilman Brian proposed the Council receive public input and comment and then go into executive session with the promise that Council would not come back into regular session to take final action until a meeting date and time could be advertised. The City Administrator stated he would agree to that suggestion . (m) Motion by Councilman Brian, seconded by Councilwoman Stimler to open the special meeting for public comment for a reason- able period of time and then go into executive session noting that Council would not come out of execuLive session into regular session until proper public notice was given. Motion approved 3 to 2 , Councilman Scheckla and Mayor Bishop voting nay. (n) The following people appeared to speak. Billing Rawlings , '"MEA/OSEA President , read letter of support into the record for Mr. Barker . Joe Grisham, TPOA President, read letter of support for Mr. Barker into record. Nancy Robbins , 12185 S .W. Summer, read letter of support for Mr. Barker into record. Jane Joy, citizen of Tigard, expressed support of City Admin- istrator and mentioned she had petitions with 200 signatures of concerned citizens that wished Mr. Barker retained as City Administrator. Harry Proudfoot, 7070 S .W. Shady Lane, expressed concern regarding procedure used in dismissal process . R. T. Heitschmidt, 15700 S .W. Alderbrook Drive, represented rL Y PAGE 3 - SPECIAL MEETING COUNCIL MINUTES, April 23 , 1981 �r Ell, the Summerfield Civic Association and was supporting City Administrator and questioned costs involved in hiring new City Administrator and recall elections . Judy Gallowa , spoke in support of City Administrator. Jim McClain, resident of Tigard, advised Council of his support for City Administrator. David L. Ririe , 14920 S .W. 133rd, Boy Scout master, expressed support for Mr. Barker and his support of the scouting pro- gram throughout the community. Hank Weiss , 9640 S .W. North Dakota , supported the use of proper procedure in the task ahead and offered support for the City Administrator. Arnold K. Hardy, 11615 S .W. Fairview Lane, expressed concern that communication seemed poor between Administrator and Council and supported Mr. Barker. Bonnie Owens , 12450 S .W. Summercrest Drive, offered support of City Administrator. LaValle Allen, NPO #4 Chairman, 7540 S .W. Hermosa Way, showed Council a petition with eight signatures of citizens in Wash- ington County being forced into city by island annexation showing support for Mr. Barker. Tony McCasline , Citizen of Tigard, offered support for Mr . Barker. Teri. Betts , 8168 S.W. Steve, backed the City Administrator with support and advised Council concerning conversation with Mr. Bob Stimler; Counciluoman Stimler' s husband noting that he reported reading City Administrator ' s evaluation . Frank Currie, Director of Public Works , read letter from unclassified employees upholding City Administrator and requesting reconsideration by Council of proposed dismissal . Steve Jensen, 12415 S .W. 122nd, boy scotit, expressed apprecia- tion to Mr. Barker for his assistance and defended him in the role of City Administrator. Lucy Mayernik, 11063 S .W. Summerfield Drive , supported the City Administrator and noted she wishes to start recall petitions against some Council members . (o) Councilwoman Stimler expressed her anger at the statement given by Ms . Teri Betts regarding a conversation held with Mr. Stimler. Councilwoman Stimler stated that she had never offered the information to her husband but noted that they shared the same office in their home. She expressed her con- cern that the audience know that she is not questioning the integrity of Mr. Barker. (p) Mayor Bishop allowed, with consensus of Council , two addition- al testimonies from the audience. Y; PAGE 4 - SPECIAL MEETING COUNCIL MINUTES , April 23 , 1981 Mr. John Smetes , 6830 S .W. Bonita , NPO #5 Chairman, expressed support of Council . Dr. John Nelson, 14159 S .W. 100th, stated he could not give support to either side as long as he did not know the pro- blems or the issues . (q) Council then recessed at 10 : 15 P.M. into executive session under ORS 192. 660 ( 1) (b) to discuss with the City Administra- tor the issues concerning the consideration of dismissal . 3 . EXECUTIVE SESSION Members Present : Wilbur Bishop, Mayor; Councilmen, Tom Brian, John Cook, Ken Scheckla; Councilwoman, Nancie Stimler; City Administrator, Raeldon R . Barker. The purpose of the meeting was to discuss issues concerning the consideration of dismissal of the City Administrator. Council members expressed some of their specific concerns regarding the administrator 's performance. A lengthy discussion ensued between Council members and the Administrator. Due to the lateness of the hour and since further concerns related to dismissal were yet to be discussed, the executive session was adjourned at 12 :30 A.M. , April 24, 1981 . It was agreed that the next executive session should occur within one week. Tom Brian, Executive Session Secretary City Recorder ATTEST: Mayor =A PAGE 5 - SPECIAL MEETING COUNCIL MINUTES, April 23, 1981 TIGARD MUNICIPAL EMPLOYEE'S ASSOC./ OREGON PUBLIC EMPLOYE'S UNION s April 23, 1981 Mayor and Council Members Tigard City Council Tigard, Oregon The members of T.M.E.A./O.P.E.U. would like to express our feelings in response to the recent news of City Administrator Raeldon Barker's possible dismissal. We want to go on record in support of Mr. Barker. As City Administrator, he has always had an "Open Door" policy, which is highly regarded. His concern for the public and the employees is respected by all who have come in contact with him. In our dealings with him during the past three years, we found his dedication to be of the highest standards, and the consensus of employees in the City is that there has been a distinct improvement in the public attitude toward City Government since Mr. Barker was hired. His integrity and concern towards those who approach him is Lo be commanded. Obviously, bis performance in other municipalities highly qualified him for the position for which he was retained. His record over the past three years has certainly justified his being hired by the City of Tigard, and the benefits of his efforts are now being fully realized. We respectfully request that the proposed action be further evaluated, and that Mr. Barker be given a vote of confidence. Respectfully, Members of T.M.E.A./O.P.E.U. eez&- "' --19.+� ✓/ir�il� mill April 23, 1981 Dear Mayor Bishop and Members of the City Council, I read in the Tigard Times of the possibility of the termination of our City Administrator, Random Barker. This greatly distresses me as I have found W. Barker to be a most competent, courteous, and knowledgeable man. In the past two years, I have had several occasions to speak to Mr. Barker regarding neighborhood problems. I have found him to be truly concerned and available to help at any time I call on him. I can not understand any situation that would prompt you or your council members to consider this action. Without embarrassment to Mr. Barker or his family, I would like to know why this matter is even being considered. I hope you have just and due cause to bring this matter before the people of the City of Tigard. I,therefore, ask you, Mayor Bishop, to drop this matter so Mr. Barker may continue to serve this city a_s he has done co we17 for the past few years. Sincerely, � Nancy Robbins 12185 S.W. Summer Tigard, Oregon 97223 NR/jg April 23, 1981 Dear Mayor Bishop and Council Members: Last evening I read in the Tigard Times Newspaper that you and your Council Members are seriously considering the termination of Raeldon Barker, City Administrator. Reading this article has prompted me to writeou regarding toward Mr. Barker as our City Administrator. I g g mY feelings personally, through neighborhood meetings have met and talked with Mr. Barker on many occasions regarding sewer and numerous other problems our neighborhood has encountered over the past two years. Mr. Barker has always been extremely prompt courteous, helpful and friendly in assisting me and o er ne.tg ors , wi simY.lar pro ems, Re--as been most professional and is truly concerned .bout the people in our City. 1 canner farhrr;. anyrcajtXl why uie Council would want to terminate Mr. Barker from his position as City Administrator. I also feel as a taxpayer, I am entitled to know why this action is being contemplated. Sincerely, Juc'i ui L. Gailowa 12190 SW Summer Tigard, Oregon 97223 X/mb i l Date I wish to testify before the Tigard City Council on the following item: (Pleaseprint your name)Ca'5 C.JC- y u C, 7(1,, A/01rrlek/rSTIu ?� - Name, Address & Affiliation Item Description T �. // G� S�/` �� `_._f���/ �/.�Li:i.�Cr/'�?!9 ♦ G-r.�, Lrc CsJ �/ Gam4-2 - ® fir ets F 7-- X/1 Ax , l 3 �� �•'Cf," 1�',�t ►\ IN d/ Tf