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HomeMy WebLinkAbout1971 07 27 CC MIN1971 07 27 CC MIN(ÌìÚïpeCC05G79 ADJOURNED REGULAR MEETING OF THE BALDWIN PARK CITY COUNCIL CITY HALL COUNCIL CHAMBERS) 14403 East Pacific Avenue The City Council of the City of Baldwin Park met In adjourned regular session at the above place at 7:00 p.m. Mayor Gregory led the salute to the flag. Roll Call: Present; COUNCILMEN BLEWETT. HAMILTON, KING, MC CARON AND MAYOR GREGORY ACTING CITY MANAGER-CITY CLERK BALKUS, CITY ATTORNEY FLANDRICK, CITY ENGINEER FRENCH, FINANCE DIRECTOR DUNCAN. CITY TREASURER CODLING PLANNING DIRECTOR GORDON, CHIEF OF POLICE ADAMS 00- Also Present: Absent: JULY 27, 1971 7:00 P.M. FLAG SALUTE ROLL CALL Mayor Gregory stated this meeting was for the purpose of clarifying Councilman Hamilton's motion made at the meeting of July 21, 1971 regarding severance pay for former City Manager Nordby. She stated it was felt there was need for legal advisement on the matter, Acting City Manager Balkus stated that the meeting was continued to consider resignation of the City Manager, severance pay, and vacation pay. She stated she had talked to Mr. Nordby, who Indicated he would be out of town and unable to attend this meeting, he forwarded a letter to the Council Indicating that, in his opinion, nothing would be gained on either side by his submitting a resignation and the Council altering its previous action; Mrs, Balkus read the letter in Its entirety. Copy In official files) Regarding his motion to grant Mr* Nordby severance pay, and have the Council rescind their action and accept Mr. Nordby*s resignation. Councilman Hamilton stated he felt It would make It a little easier for Mr. Nordby, particularly in the area of seeking employment; however, he stated that from Mr. Nordby's letter. It was apparent he felt nothing would be achieved by resigning. Councilman Hamilton stated he was still concerned over the lack of any provision for separation pay, and indicated that in almost any situation where an employee Is terminated, he Is either given 30 days pay or his dismissal date Is set up in 30 days. ie stated that In Mr. Nordby's case, he did not feel he had been treated fairly. Councilman Hamilton asked whether there was a legal, honest way that Mr. Nordby could be compensated for 30 days. City Attorney Flandnck replied that It could not be done in the fom of severance pay per se; however, in the absence of revoking Council's prior action^ Mr. Nordby could be appointed as a consultant for some particular field for a specified period at whatever compensation seen fit. He stated that the City is obligated under the Personnel Rules to compensate him for unused vacation time. He stated that severance pay could not be granted in the case of a city, without an ordinance to that effect. Councilman McCaron stated it appeared to him that there would be a necessity for assistance from r. Nordby in the transition to a new City Manager. Continued) PURPOSE OF MEETING RESUME COUNCILMAN HAMILTON COUNCILMAN MC CARON BIB] 37659-U01 1971-U02 07-U02 27-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9993-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1971 07 27 CC MIN(ÌìÚïpeGCC5C80 Adjourned Regular Meeting of the Baldwin Park City Council COUNCILMAN MC CARON MOVED THAT CLIFFORD NORDBY BE HIRED AS A CONSULTANT FOR A 30-DAY PERIOD COMMENCING JULY 17, 1971 AND COMPENSATED AT HIS FORMER REGULAR SALARY RATE FOR 30 DAYS, AND THAT HE BE GRANTED COMPENSATION FOR ANY HOURS WORKED TO THAT DATE AND FOR UNUSED VACATION TIME. Councilman King asked Acting City Manager Balkus whether she felt she was fairly well aware of the transaction of City business at the present time; Mrs. Balkus stated she felt she was. Mayor Gregory remarked that Mrs. Balkus had acted in this capacity previously, and was well qualified to carry on in the interim. COUNCILMAN HAMILTON SECONDED THE MOTION. Discussion on the motion followed. Councilman Blewett stated he was opposed to the severance pay because he did not feel the taxpayers would be getting their money's worth or any real value for it, since Mr. Nordby would undoubtedly be actively seeking employment elsewhere and unable to devote his time and attention to the City. Councilman McCaron stated he felt severance pay was customary almost any place, and since this was not possible in the City, he felt that in lieu of this, designating Mr. Nordby as a consultant would be a fair alternative; he felt there would be sufficient items requiring his advice or attention to justify this. He stated he was sure Mr. Nordby had always kept everything open and above* board, so there would be no question as to the Intent, but there are many items on which consultation would be necessary. Councilman King stated he wished to reiterate Councilman Blewett's comments, in that he did not feel the people would be receiving any value for their money by appointing Mr. Nordby as a consultant. He stated that he, personally, would hot be given 30 days notice, and would receive only what vacation and/or sick leave he had coming. Councilman McCaron remarked that Mr. Nordby would not be paid for sick leave, so that was an additional advantage Councilman King would have. Councilman Hamilton stated that, in his experience as an employer, he lets an employee know if he Is not performing as desired, and if it continues, he dismisses him and gives him two weeks pay; he stated he had never fired a man and paid him only to the day he was fired. He stated he did not feel Mr. Nordby was treated fairly, and although he did not want to be liberal with the taxpayers' money, he felt Mr. Nordby was due this for his efforts, in that there is pending legislation on which he could be a great help as an advisor, and also the Charter, and C.R.A. He stated the people would be getting some value for their money; it was not a giff. He commented that although Mrs. Balkus was familiar with the City business, if Mr. Mordby were available as a consultant for a time, tnis would be a help to her. Mayor Gregory stated that Mr. Nordby's letter clearly Indicated that he is actively seeking a permanent position, and she wished him every success in that line, but she did not feet it would be fair to him to tie him to a consultant's position here. Continued) July 27. 1971 Page 2 MOTION TO HIRE CLIFFORD MORDBY AS CONSULTANT AND COMPENSATE FOR UNUSED VACATION MOTION SECONDED COUNCILMAN BLEWETT COUNCILMAN MC CARON COUNCILMAN KING COUNCILMAN MC CARON COUNCILMAN HAMILTON MAYOR GREGORY BIB] 37659-U01 1971-U02 07-U02 27-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9993-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1971 07 27 CC MIN(ÌìÚïpe0005081 Adjourned Regular Meeting of the Baldwin Park City Council July 27. 1971 Page 3 She stated that regardless of what you might think, we have been fair, at the beginning) we've gone full circle, and this motion Is asking exactly what was asked of the City Manager In the very beginning. Councilman Blewett stated that Mr, Nordby was entitled to 29 days and 6 hours vacation pay, and there were very few people who would have that much coming to them and, in reality, he was getting a month's pay. He also commented that, although Mr. Nordby may not have had a bona fide vacation recently, during the course of his employment he attended meetings and conventions which at times would afford rest and recreation along with the work and study. He stated that he, personally, takes vacation days to attend conventions, however, in this Instance, attending conventions was part of the job. Councilman McCaron commented that this number of vacation days was accumulated over a period of eight years, and was not a yearly thing. Roll call on the motion: AYES: COUNCILMEN MC CARON AND HAMILTON NOES: COUNCILMEN BLEWETT. KING. AND MAYOR GREGORY The motion failed to carry. COUNCILMAN BLEWETT MOVED THAT THE CITY COUNCIL CONFIRM THE DISMISSAL OF THE CITY MANAGER AS OF JULY 17. 1971 AND AUTHORIZE PAYMENT OF 29 DAYS 6 HOURS VACATION PAY. COUNCILMAN KING SECONDED. Roll call. There were no objections. The motion carried and was so ordered. 00- Acting City Manager Balkus reported that two chain saws had been stolen from a Street Department vehicle on July 9, 1971, and since they are necessary for the performance of duties In the department, they will have to be replaced at a cost of approximately $450; she stated this would not affect the budget, as the funds would be reappropriated. 00- Acting City Manager Balkus presented Council with a tabulation prepared by Finance Director Duncan of 1971 estimated assessed valuations received from the County Assessor on July 14, 1971. 00- AT 7:23 P.M. COUNCILMAN BLEWETT rt)VED THAT THE CITY COUNCIL ADJOURN. COUNCILMAN KING SECONDED. There were no objections. The motion carried and was so ordered. 00- COUNCILMAN BLEWETT COUNCILMAN MC CARON MOT. DID NOT CARRY CONFIRM DISMISSAL OF C.M. AS OF 7/17/71 AND AUTHOR. PAYMENT OF 29 DAYS 6 HRS. VACATION PAY STOLEN CHAIN SAWS REPLACED STREET DEPARTMENT TAB. OF 1971 ESTIMATED ASSESSED VALUATIONS ADJOURN 7:23 P.M. THCLW L. BALKUS. CITY CLERK———— APPROVED: /^ z^^/ 197 y/^-€^\ 1971 / Date of DistributionDate of Distribution to City Council: to Departments: 1971 V / BIB] 37659-U01 1971-U02 07-U02 27-U02 CC-U02 MIN-U02 LI1-U03 FO9591-U03 FO9838-U03 DO9993-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06