1979 ADJ MTG MIN JUL 30 - Laserfiche WebLink

Browse Search

2AO-T Mayor Gonzales said additionally, he has heard -that the City Council desires to hire an outside attorney and that he would be totally opposed to this course of action due to the unnecessary expenditure of funds and because it was our City Attorney who initiated these proceedings and he should be the one to finish this matter. Councilman Rehrer commented that this is not a trial, but rather just a hearing and in his opinion it would be a conflict for -the present City Attorney, who advises both the Council and -the City Manager on a day to day basis, to offer advice one way or -the other in this matter. Councilman Rehrer asked City Attorney Edwards to read the resolution passed by the Council. City Attorney Edwards read Resolution No. 3925 - A Resolution of -the City of Colton of Intention -to Remove the City Manager of -the City of Colton, in full. Resolution No. 3925 adopted by.the City Council July 16, I979 and on f ile in -the Of f ice of the City Clerk. Attorney Wells commented that -the Council is of the opinion that it would be a Conflict for their City Attorney Edwards -to act as advisor and prosecutor in this matter. Mr. Wells said it would be more of a conflict for -the Council -to sit as jury during -the hearings and place themselves as final judges in the determination of whether the charges are true, when in reality the Council is making -the charges. Mr. Wells stated ti -a t if a fair hearing is to be held and if the Council obtains an outside attorney, then it should follow that in all fairness -the Council would obtain a hearing officer. Again Attorney Wells stated his client, City Manager Calabrese, has -the right to know and hear the charges being brought against him. Mr. Wells said the Council bears -the burden of proof of charges, it rightfully should be able -to tell Mr. Calabrese - who, what and when in regards -to charges. Discussion followed on -the hiring of an outside attorney. City Attorney Edwards stated he has a resolution prepared that would specifically hire Mr. Demchuk of the law firm of Maroney, Demchuk, Brandt & Baumbach of Upland. Mr. Edwards said Mr. Demchuk serves as City Attorney for several surrounding local cities and that he has discussed this matter with him and he is available and agreeable to meeting with the Council. Mr. Edwards distributed copies of the prepared Resolution No. 3926. After reviewing the resolution Attorney Wells stated -the Council is hiring the outside attorney, Mr. Demchuk under -the same terms as -the existing City Attorney, Mr. Edwards. If it is a conflict for Attorney Edwards to act in this matter, then because of -the terms and conditions of employment of Mr. Demchuk, the same conflict will exist, explained Attorney Wells. Mayor Gonzales moved to employ a hearing officer. Motion died for lack of a second. Councilman Temby asked if the ordinance was being properly followed. City Attorney Edwards responded that he would like to know first if the Council was going to proceed with -the hiring of an outside attorney. Moved by Councilwoman Cisneros, seconded by Councilman Rehrer, to approve Resolution NO. 3926. Motion carried. Mayor Gonzales voting NO. RESOLUTION NO. 3926 - RESOLUTION TO EMPLOY ATTORNEY. City Attorney Edwards stated that he felt -the Council should discuss and seek -the advice of Mr. Demchuk on -the issues before them. Council consensus was that they would like to meet with Mr. Demchuk before acting or responding -to -the requests of Attorney Wells. Discussion followed on the fee payment for Attorney Demchuk. Mr. Edwards responded -the fee was $60.00 per hour with an estimated I0 hours pre- paration time expected. JUL 3 0 1979