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LAKEWOOD HOUSING AUTHORITY
SPECIAL MEETING
Thursday, June 1, 2006
5:42 p.m.
480 South Allison Parkway, Lakewood, CO 80226
Housing and Family Services Conference Room
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
Kevin Klingbeil, Wagenlander and Heisterkamp LLC
Garnette Hardesty, Administrative Assistant
Bob Sandridge, Chair called the special meeting of the Housing Authority for June 1, 2006 at 5:42 p.m. to order with roll being called by the Administrative Assistant. The Chair stated a quorum was present.
Bob Sandridge, Chair, read an amended agenda item for the Special Meeting of the Lakewood Housing Authority Board on June 1, 2006.
The board will be meeting in Executive Session pursuant to Section 4(b) and 4(e) of the Open Meetings Law for the purpose of discussing management issues arising in part from the results of the board's internal review of the events surrounding its Contribution to YES on 2A.
The above-mentioned language replaces the previous agenda language posted for June 1, 2006 Special Meeting of the Lakewood Housing Authority.
Joan Smith made a motion that the Executive Director join the Lakewood Housing Authority Board Executive Session. Bob Sandridge asked for a second. Joan Smith believes it is important that the Executive Director be a part of the discussion in Executive Session if management issues are to be discussed.
Legal counsel stated that part of the reason why the agenda item was revised was due to the original agenda stating that it was a personnel matter when in fact what the board will be considering is a negotiation rather than a personnel action considering the fact that personnel in question is a city employee not an employee of the housing authority. The authority itself cannot take any particular action with respect to that employee.
Tami Fischer clarified that if you are discussing the actions of an employee the employee needs to first be informed of the discussion and then they have the right to request that the meeting be a public meeting instead of an executive session.
Joan Smith's primary concern is that the board and the housing authority are getting off track from working on the Management Agreement. The Executive Director understands the history of the organization and Joan would like the Executive Director present for the conversations so the actions taken by the board will have input from the Executive Director. There is nothing secret about the previous discussions that have taken place. The Executive Director is aware of what she and staff have done and sees no point in excluding her from further discussions.
Legal counsel clarified that if the authority wants to interpret the executive session as a personnel matter then this would not be an executive session but an open session.
Tami Fischer stated that would be the case only if the employee requested that to be an open session.
Legal counsel responded by saying if the employee didn't request an open session the matter in question would be done in executive session.
Joan Smith mentioned that at the April 24, 2006 meeting, information came from Jim Wagenlander that the board as a whole could have anyone they chose to have present in their executive session.
Legal counsel reiterated if the board decides to conduct an executive session on the "personnel matter" then the individual can be brought into the executive session.
Joan Smith does not see any value in having Tami excluded from any further conversations. The strength of the board is based on standing strong with staff. Joan asked the board to place themselves in Tami's position. By continuing to exclude the Executive Director is an abomination. Joan will choose not to be in attendance if the Executive Director cannot participate.
Gari Westkott disagreed with Joan. Gari feels all of these discussions will come out all right.
Joan pleaded with the board to include the Executive Director part of the conversations.
Gari would like to see the board finish up the conversations they started as a board prior to bringing in staff.
Gari Westkott requested to call the vote.
Tami Fischer stated that she felt it would be beneficial if she attended the executive session. She stated that she has knowledge regarding the political atmosphere of the City that has not been taken into account in the board's discussions. Tami stated that she has been excluded from the process and therefore pertinent information has been excluded from discussions. She also stated that the Board's attorney, Jim Wagenlander failed to complete his interview with Tami and with Sabrina. Tami stated that this kind of action makes the staff feel disrespected and dismissed. The executive director is expected to lead the agency and needs to know what the board has been discussing.
Legal counsel reminded the board and staff present that the purpose of the executive session is to finish and firm up the discussions from previous executive sessions. If any potential action is taken in the future as a result of the negotiation between the city and the housing authority it would be advisable to have city personnel attend and be part of that discussion.
Joan would like to have the advisement of staff before any further decisions about what is and isn't disclosed and how to move forward.
Sandy Maben stated that the board is really caught in a very difficult situation because the housing authority really doesn't have any staff. Technically what the housing authority has is a management contract with the City of Lakewood to provide the housing authority with staff. That is why the situation has become so complicated. If the staff were housing authority staff then the board would be addressing the matter and would be going by different rules. Since the board needs to address issues involving the staff in light of the management agreement it becomes complicated.
Michelle Bollig would like to second the motion made by Joan Smith to include the Executive Director in the executive session.
Joan asked the Chair to re-read the language on the purpose of the executive session. Bob Sandridge read the language into the record as: "The board will be meeting in executive session pursuant to Section 4(b) and 4(e) of the Open Meetings Law for the purpose of discussing management issues arising in part from the results of the board's internal review of the events surrounding its Contribution to YES on 2A".
Joan explained to the board that in talking about management issues, she doesn't have the knowledge needed to discuss this without the Executive Director.
Gari asked the board for a vote. With a motion and a second on the table, to have Tami Fischer be part of the executive session, the Chair has asked for a vote. The vote of the commissioners was as follows:
Bob Sandridge: opposed
Joan Smith: aye
Michelle Bollig: aye
Sandra Maben: opposed
Gari Westkott opposed
The motion fails.
Sandra Maben has made a motion to go into executive session. Gari Westkott seconded the motion. 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 carried.
The meeting was back in special session at 7:05 p.m. with Gari Westkott, Michelle Bollig, Robert Sandridge, Joan Smith, Kevin Klingbeil of Wagenlander and Heisterkamp along with Tami Fischer.
In the executive session a motion was made to meet next Thursday, June 8, 2006
at 4:00 p.m. with Tami Fischer, Mike Rock, Lakewood Housing Authority Board
members and Wagenlander and Heisterkamp, LLC to submit a letter to the City
of Lakewood regarding performance under the management agreement that the housing
authority has with the City of Lakewood.
Gari Westkott made a second on the motion. A vote of the commissioners was as follows:
Bob Sandridge: aye
Joan Smith: aye
Michelle Bollig: aye
Gari Westkott aye
The motion carried.
There was no other business of the Lakewood Housing Authority. The meeting was adjourned at 7:07 p.m.
Robert Sandridge - Chair
Joan Smith - Vice Chair
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