07081974 Regular Meeting - Laserfiche WebLink

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4 regular neeting, july 8, 1974 page four Mayor Craddock introduced the next item on the agenda which was a request by members of the San Marcos Fire Fighter I s Association to appear before the Council. Mayor Craddock read Section 3.08 of the City Charter titled "City Council not to interfere in appointrrents or rerrovals" and requested an Executive Session of the council under the authority of Article 6252-17 of Vernon I s Annotated civil Statutes, Section 2.g. Attorney David R. Richards was present on behalf of the members of the Fire Fighter I s Association and requested the Council hear their request for temporary reinstatement of thirteen members of the Fire DepartIrent dismissed on June 25, 1974, and an I investigation of their dismissal i-nopen session. Mr. SUtton 1l'OVed the Council recess to Executive Session. Mr. Hansen seoonded the m::>tion. On roll call, the following vote was recorded: AYE: Breihan, Dibrell, Craddock, Flores, Hansen, Sutton NAY: cunningham. The Council recessed to Executive Session at 8:56 p.m. The Council reconvened in Regular Session at 9:55 p.m. Mayor Craddock reported that the Council had discussed the dismissal of the firemen and their request for reinstatement and an investigation of the matter. Mr. SUtton m::>ved that no action be taken with regard to the requested reinstatement or an investigation. Dr. Craddock seconded the rrotion. Councilman cunningham stated that he felt the Council had an obligation and responsibility to pursue the requested investigation. Mr. Richards encouraged the Council to favorably oonsider the investigation as being in the best interests of all parties ooncerned. On roll call, the vote on the m::>tion by Mr. Sutton to not pursue the investigation was recorded as follows: AYE: Dibrell, Craddock, sutton NAY: Breihan, Cunningham, Flores, Hansen. Mr. cunningham rroved the Council conduct an investigation of the dismissal of the firemen as authorized by Section 3.15 of the City Charter. Mr. Dibrell I seconded the m::>tion. Councilmen discussed methods of conducting such an investigation. The City Attorney advised the Council the investigation could be conducted by the members of the Council or by a credible investigator selected by the Council. Mr. cunningham amended his rrotion to state that the investigation would be conducted by the Council with advice of legal counsel. Mr. Dibrell, secondei of the original rrotion, oonsented to t:re arrendment. On roll call, the rrotion was unanirrously approved. As requested by the City Attorney, Mr. Dibrell 1l'OVed t:re Council recess to Executive Session to discuss legal requirements with regard to the pending investigation. Mr. Breihan seconded the rrotion, which passed unan:i.nously. The Council recessed to Executive Session at 10:20 p.m. The Council reconvened in Regular Session at 10:45 p.m. Mayor Craddock reported that the Council had discussed the pending investigation with t:re City Attorney and that a Special Meeting to further discuss the investigation was scheduled for WErlnesday, July 10, 1974, at 3:00 p.m. in the Council Chambers. On rrotifun of Mr. Dibrell, the neetin~~ourned)at 10:55 p.m. ATl'EST: ' 'C--- ~"<'11,--- , Elmlie Clladdock ~~ ~ I City Secretary