03/29/2005 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL SPECIAL MEETING
March 29, 2005
Pursuant to due call and notice thereof, a Special Meeting of the City Council of the City of
Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First
Street, on March 29,2005. Notice of the meeting was given in the Grand Island Independent on
March 23,2005.
Mayor Jay Vavricek called the meeting to order at 9:00 a.m. The following members were
present: Councilmembers Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Pauly,
Hornady, Walker and Haase. The following City Officials were present: City Administrator Gary
Greer, City Clerk RaNae Edwards, and City Attorney Doug Walker.
The City was represented by Attorney Bill Harding. Howard Maxon was present and represented
by his Attorney Vincent Valentino.
INVOCATION was given by Councilmember Jackie Pielstick followed by the Pledge of
Allegiance.
PERSONNEL HEARING FOR HOWARD MAXON, EMERGENCY MANAGEMENT
DIRECTOR: Mayor Vavricek reported that charge #3 of the Charges of Misconduct Against
Howard Maxon, Emergency Management Director had been withdrawn. He then turned the
meeting over the Hearing Examiner John Higgins. Mr. Valentino requested that the witnesses be
sequestered. There was no objection from Mr. Harding. Hearing Examiner Higgins granted the
request.
Mr. Valentino raised the question of Mr. Harding prosecuting this case without council approval.
City Attorney Doug Walker was called as a witness and sworn in to answer questions with
regards to the hiring of Mr. Harding.
Hearing Examiner Higgins recessed at 9:25 a.m. to discuss the matter with Mr. Harding and Mr.
Valentino. The meeting was reconvened at 9:27 a.m.
Mr. Valentino objected to Mr. Harding as council for the City. Objection was overruled by
Hearing Examiner Higgins.
Opening statements were given by Mr. Harding, with Mr. Valentino reserving his opening
statements for a later time.
Gary Greer, City Administrator was called and sworn in to testify on behalf of the City regarding
the termination of Howard Maxon:
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Page 2, City Council Special Meeting, March 29, 2005
A recess was taken at 10:30 a.m. until 10:45 a.m. with testimony resuming at that time.
The council took a lunch recess at 12:00 p.m. and reconvened at 1:15 p.m.
Dale Shotkoski, Assistant City Attorney was called and sworn in to testify on behalf ofthe City.
A recess was taken at 2:50 p.m. until 3:00 p.m. with testimony resuming at that time.
David Springer, Finance Director was called and sworn in to testify on behalf of the City.
Brenda Sutherland, Human Resources Director was called and sworn in to testify on behalf of
the City. Mr. Valentino requested that this witnesses testimony be held in closed session due to
the confidentiality of her testimony as it related to personnel issues.
Council President Hornady asked for a motion to go into Executive Session. Motion was made
by Cornelius, second by Pielstick to go into Executive Session at 4:00 p.m. for the purpose of
discussing personnel issues. Upon roll call vote, all voted aye. Motion adopted.
Motion was made by Cornelius, second by Walker to reconvene in regular session at 4:25 p.m.
Upon roll call vote, all voted aye. Motion adopted.
A recess was taken at 4:35 p.m. until 4:45 p.m. with testimony resuming at that time.
Paul Briseno, Assistant to the City Administrator was sworn in to testify on behalf of the City.
Mr. Harding rested the City's case at 5:15 p.m.
Mr. Valentino gave his opening statement.
A recess was taken at 5:25 p.m. until 5:30 p.m. with testimony resuming at that time.
Charles Kemery, Bedford, Iowa was sworn in to testify on behalf of Howard Maxon through a
telephone conference call.
Dale Shotkoski, Assistant City Attorney still under oath was called to testify.
A dinner recess was taken from 5:50 p.m. to 7:00 p.m. with testimony resuming at that time.
Marla Conley, County Clerk was sworn in to testify on behalf of Howard Maxon.
Howard Maxon, Emergency Management Director was sworn in to testify.
A recess was taken at 8:35 p.m. to 8:52 p.m. with testimony resuming at that time.
A recess was taken at 10:12 p.m. to 10:28 p.m. with testimony resuming at that time.
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Page 3, City Council Special Meeting, March 29, 2005
Gary Greer, City Administrator still under oath was called by Mr. Harding as a rebuttal witness.
Bill Harding gave closing remarks on behalf of the City from 10:35 p.m. to 10:50 p.m.
Vincent Valentino gave closing remarks on behalf of Howard Maxon from 10:50 to 11 :00 p.m.
EXECUTIVE SESSION:
Motion by Cornelius, second by Walker, carried unanimously to adjourn to executive session at
11 :00 p.m. for the purpose of discussing personnel issues.
RETURN TO REGULAR SESSION:
Motion by Cornelius, second by Haase, carried unanimously to reconvene in regular session at
11 :55 p.m.
Motion was made by Pielstick, second by Gilbert to affirm the charges of misconduct filed by
the Mayor. Upon roll call vote, all voted aye. Motion adopted.
ADJOURNMENT: Adjourned the meeting at 11 :55 p.m.
Respectfully submitted,
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RaNae Edwards
City Clerk