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Members Present: Robert Sandridge, Chair
Joan Smith, Vice-Chair
Michelle Bollig, Resident Commissioner
Sandra Maben, Commissioner
Gari Westkott, Commissioner
Staff Present: Tami Fischer, Executive Director
Sabrina Pierre-Louis, Deputy Director
James Wagenlander, LHA Board Attorney
Garnette Hardesty, Administrative Assistant
Bob Sandridge, Chair, called the special meeting of the Lakewood Housing Authority for May 18, 2006 at 3:05 p.m. to order with roll being called by the Administrative Assistant. The Chair stated a quorum was present.
Jim Wagenlander, Board Attorney, was present in order to continue discussion on the internal review.
Jim stated the board would consider going into an executive session for the purposes of client-attorney communication based on what has been requested by the Authority for the attorney to prepare.
Jim explained that the LHA board would need to decide how information contained in the report is shared. Jim stated that the board and the Authority may be taking other actions or making other statements, possibly making a public statement. This decision will be up to the board as to when and what would be released from the legal review.
Jim stated that it is not fair to say that the staff would only receive information that is contained in a public statement as it is up to the board to release other information that they choose to release from the report.
Joan Smith asked if a determination was made to go into executive session.
Jim Wagenlander pointed out that going into executive session is on the agenda.
Bob Sandridge asked for a motion to adopt RESOLUTION LHA/31/2006: CONFIDENTIALITY
OF INTERNAL LEGAL REPORT CONCERNING VOTE YES on 2A CONTRIBUTION.
Joan asked what that resolution means. Jim Wagenlander stated that as soon as
the resolution was introduced and seconded he would be glad to explain the contents,
as it is not on the table at the point.
A request was made by Sandra Maben, seconded by Gari Westkott to move resolution LHA/ 31/ 2006.
Jim Wagenlander clarified that at the beginning of the interview process in preparing the legal report, he had a discussion with the city attorney, Roger Noonan, with Tami Fischer present. The city was concerned about ensuring that there would be confidentiality in regards to the legal report. Not only because of the legal advice being rendered but also because there could potentially be issues dealing with personnel actions. The city wanted to ensure that the rights of employees were protected and that public disclosure of personnel matters would not be violated. An agreement was made that Wagenlander's office would recommend to the board that prior to going into the legal session they would consider a resolution that simply reaffirms the standard principles of an executive session. An executive session is confidential and the information cannot be released without the approval of the board.
Joan Smith asked that if the resolution is adopted is the board still going into executive session? The response from Jim Wagenlander was that was the next item on the agenda.
The Chair stated there was a motion on the table, with a second. A vote of the commissioners was as follows:
Bob Sandridge: aye
Joan Smith: aye
Michelle Bollig: aye
Sandra Maben: aye
Gari Westkott: aye
The motion carries.
The Chair asked for a motion to hold an executive session for the purpose of receiving legal advice regarding the authority's contribution to Yes On 2A and other related legal matters. The motion will limit attendance of the executive session to the board members and Jim Wagenlander.
A motion was made by Gari Westkott, seconded by Sandra Maben to hold an executive session. A vote of the commissioners was as follows:
Bob Sandridge: aye
Joan Smith: aye
Michelle Bollig: aye
Sandra Maben: aye
Gari Westkott: aye
Joan Smith asked for discussion. Joan raised the question as to why staff could not be in attendance for the executive session.
Jim Wagenlander clarified that the issue is not over the executive session but as to who would be in attendance during the executive session.
The LHA board has legal relationships to the city and to the staff regarding board employee or staff conduct. The board will be discussing issues that could relate to personnel matters and it could relate to personnel matters involving the employees that would be present at the meeting.
Jim Wagenlander reminded the board that the staff present were not employees of the LHA board but employees of the City of Lakewood. Jim cautioned the board on discussing any issues, both in regards to making public statements but also discussing issues with those employees that might relate to their performance or the performance of the city. That is why it is necessary for staff not to be present for the executive session.
Joan Smith requested that Tami Fischer be present for the executive session.
Jim Wagenlander stated that he would strongly advise the board not to do that. Jim said to be selective as to which employee is present creates a whole different set of problems. Secondly, the report will address the issues of actions taken by staff members. The attorney strongly believes that discussion needs to occur before discussing the matters with staff. This is not, in any way, interpreted to mean that legal counsel is making any kind of recommendations regarding personnel actions. Until the board has an opportunity to review the report no conclusions should be drawn. Jim stated that the report is very sensitive for all the parties, whether is the city, the board or the employees. As attorneys for the board and the housing authority, it is necessary for the board members to discuss these matters with the attorney. If the Board chooses to discuss it and with whom to discuss it, it will be the decision of the board as a whole. Jim feels that it is premature to commence those discussions with any member of the staff until the board has received the report.
Joan Smith clarified with Jim Wagenlander that since Jim said there is not going to be any kind of personnel decisions made today, Joan was not able to follow the logic of why the board cannot have their staff member, Tami Fischer, present for the executive session.
Jim said the Housing Authority has multiple staff members and the board would not be taking any personnel actions.
Joan questioned what Jim Wagenlander had mentioned earlier, that the Board has several staff that work for the City of Lakewood, which includes Garnette and Sabrina, not just Tami.
The attorney clarified the statement by saying that all of the Lakewood Housing Authority staff are employees of the City of Lakewood. Tami Fischer's employment relationship is the same as the other staff members. That is the reason Jim Wagenlander feels it necessary for him to meet with the board before the board considers having conversations with anyone else. Whether the conversation is with employees of the city who are working on the management contract for the housing authority or anyone else.
Gari Westkott asked the question of who could listen to the executive session tape. Gari wanted to clarify that she was not only referring to the press but staff as well.
Jim said all meetings are recorded. When going into an executive session legal recommends that the standard recommendation is that you continue to make a record of the executive session. You are required under state law to make a record of the meeting. Some people argue whether it is necessary to have a recording. It is standard practice by most agencies and a recommendation by Wagenlander and Heisterkamp's firm that you maintain a verbatim tape recording of the executive session. It is not a record that is freely dispersed or released after the session. It is primarily designed in case a challenge is made to the executive session. The courts can review the record to determine if the contents of the executive session are appropriated. If the courts determine upon review of that record that there was a legal basis for the executive session then the courts will not release the contents of the tape recording. If they determine that privileged communications, were in fact, the purpose of the meeting, then the courts would require that the recording to be released and made public. The direct answer to Gari's question by Jim Wagenlander was, "No, if you properly conduct an executive session, that record would not normally be released unless the board as a whole decides to waive that privilege at a later time.
Conceivably, if the board decided after this discussion that they wanted to discuss the content of this discussion with other people, there are avenues whereby the board could do that. Wagenlander would not recommend releasing the tape, as that would undermine the argument that an executive session was held. Clearly, the board has the ability after the discussion to decide as a board what matters to discuss with staff. There is nothing in the report that makes a recommendation one way or the other.
Joan Smith stated she still does not have enough information that makes her believe that the board is at an advantage by excluding the Executive Director in the executive session.
Jim Wagenlander can only advise Joan and the other board members that as the attorney for the Housing Authority he advises that staff not be involved at this time.
Joan asked why the board is excluding the executive director when Joan is not comfortable with the level of information she has to hear from the attorney without the Executive Director present.
Jim Wagenlander stated it is a choice for the board to make.
Joan Smith wanted to go on record that she wants the Executive Director present in the executive session.
Gari Westkott would like to call for the vote.
Bob Sandridge, Chair of the Housing Authority feels that as a board they can decide to bring staff in to the executive session if they so choose.
The motion has been made and seconded to open the executive session for the purpose of receiving legal consultation from their attorney.
A second was made by Sandra Maben. A vote of the commissioners was as follows:
Bob Sandridge: aye
Joan Smith: aye
Michelle Bollig: aye
Sandra Maben: aye
Gari Westkott: aye
The resolution carries.
Joan Smith has made a motion to have Tami Fischer attend the Executive Session. There was no second. No motion.
Meeting adjourned: 6:37 p.m.
Robert Sandridge - Chair Sabrina Pierre-Louis-Deputy Executive Director
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