Jeff the numbers 303 okay counsel if you would I'm gonna ask the city clerk to read the addendum that I am pulling forward Thank You mayor this is the addendum for the agenda marked April 3rd 2019 the subject is discussion for possible action regarding the review and renewal and or modification of the employment agreement with Scott D Adams city manager as provided for in section 2 subsection D of the employment agreement thank you very much your honor yes I move to strike and I want to say a couple of words about that well before you move to strand I need to discuss that obviously any motion we discussed a lot of inflammatory things have been said in the public media over the last few days perhaps longer about any discussion relating to adjusting or changing the employment agreement we have the city of Las Vegas I do not think and I'll be waiting for word from our legal counsel I don't believe we can adjust or change a contract well you know we don't have the authority to override a contract it's an agreement but it's also a contract so I'm worried about the fact that the atmosphere the generally speaking now is circulating around the town is that he is in disfavor the managers in disfavor and maybe there are good reasons for saying that there are perhaps but some of the things that have been said bring forward the speculation the specter of litigation and I don't like this I think it's important to remember that maybe we want to make a change but why cost ourselves millions of dollars in the process by the abuse that's been heaped on this person so I'm saying it is better I think for the new council to take this up when there are new members but if we do something now we will poison the well far as future actions I think I can just about guarantee that but that's why I am striking not to duck the issue but to say this timing is poor very very poor being handled in public like this so thank you you're well and I do want to make a comment we are down in the weeds here with minutiae that's handled died the city manager we started with my husband is mayor with Virginia Valentine Doug Selby Bessie Fretwell now Scott Adams he asked for a TV he wanted a three-year contract we gave him a two-year contract because how can you go ahead and put in a plan for what you wanted to accomplish without having two years in which to do it we are down in the weeds we're talking about things that are not our business I feel that we need to be up at the top of this what's good for the entire city and meeting with our city manager on a regular basis yes of course their issues and yes some of them perhaps from this standpoint of councilmembers certain issues are not being addressed to their particular satisfaction but keep in mind each council member serves his or her award that's a hundred thousand people they are part-time employees they are part-time employees there is one person that is elected at-large and because of that I think I have a much better perspective on what's best for the city overall and I find this entirely embarrassing I find it absolutely embarrassing not only for what's been out on social media and what we have going that is under privileged contract right now which will be coming out in the future we can't even talk to that but it might change now coming up in June with our general election we will have three one two three one two three new council people it doesn't mean that they have any knowledge of government that they have any knowledge of this city they have no historical background and to put people in that position to come out and and do an assessment of who is the best city manager if you do not remember history you serve to repeat it we are at a high point in this city were looked at all around the globe for everything that we're doing and I think the leadership and again I have to say down in the roots and down in the grass there are issues and I certainly would love to see some of these issues fixed but that's not our job this is a city manager type of government and I just give my full support to our city manager and I don't know as Councilwoman Fiore would like to hear from our city manager or you would like yeah I would like to make a couple of comments first and madam mayor with the utmost respect to you so so our city manager sworn in with me he was elected the meeting before I was elected so I've served two years with him this contract there was no alerts on it to alert the council that his contract was automatically renewing before his term which is July 6th so if we didn't bring this contract up today it would have automatically renewed that means serving four years with one city manager that I as a new member hasn't had the opportunity to vote on another new member hasn't had the opportunity to vote on and as of July 3rd there'll be five new members that haven't had the opportunity to vote on meeting and working with him so as contracts go if we just renew this without and I'm not looking to change anything today what I'm looking to do is modify so week so this contract his contract does not renew until either the second week of July or the first week in August so the new council members actually five of us can vote for the city manager it's it's not in the weeds if we just if we don't look at what happened here this contract would have just slid by us with no notice no nothing and then if something were to occur in the next year and let's say we had voted a city manager out it would cost the city his whole contract so right now if we just modify section two area C and D which basically will postpone the this it's not an automatic until the new council members and that's going to be my motion is to modify that so that's where I'm going with this and I'm hoping that my council members will support me on this because the majority won't be here and and that's why I'm just asking for fairness and in fairness there's gonna be five council members that haven't had the opportunity to work with this city manager I've had the opportunity for two years and I won't have the opportunity to vote on him for another two years if this goes by so with all due respect mayor I really feel that we need to modify today section D to allow other members that are new to vote on this city manager that is sitting and running this city there is a motion to strike but I want to turn to our legal counsel yeah thank you mayor Jeff door CAC deputy city attorney the City Attorney's Office reviewed mr. Adams contract his employment agreement we believe there are three available motions today one would be as councilman coffin already did a motion to strike the second one would be to vote to initiate the 90 day written notice that the contract will terminate on its date of July 6th of this year which would set up the need to a new contract with whomever the City Council wants whether that's mr. Adams or whatever they chose the third thing brought up by Councilwoman fury would be a modification the City Council can vote to do that however mr. Adams is a party to the contract so he will need to agree to any modification that the council votes for today obviously we don't know what he will want to do so that's going to be an issue with a modification thank you very much so let's go question I just trying to want to get some clarity I first let me state that the questions that I'm asking he have zero reflection on our current city manager in any way shape or form in terms of his competition not competence if he's done well or not zero input and I'm trying to get some clarity in terms of maybe some historical clarity as well and does historically does the position of city manager go through some type of annual review or a twice you know every other year review and whose that review done by where's that coming from is that done by the mayor mayor and council right so that's presented to the council so there's an annual review but for the contract his contract has an automatic renewal clause in it which I have to be honest with you I've never seen that before I've never seen someone especially in a position of that that would have an automatic renewal if there's not a notice given now we've my history of hiring Chancellor's and presidents of universities of all of our institutions there would be a review every other year or so when the contract is up there is a you know outside company that comes in and performs a review that review is there presented to the council council makes determination if that person is doing well or not and if they want to review I mean renew that contract and so this is unfamiliar territory for me because I've never seen any I've never seen I don't think I've seen any employment contract in any way shape or form that has an automatic renewal to it so I find I have to be honest with you I find that part somewhat disturbing because I don't know how you can automatically renew a contract for someone and without going through some type of review process and if the review process is good then that should dictate bring it to the board and then the board decides if they want to renew the contract okay there is that process in place every year for our auditor our lead attorney and our city manager there is that process and as we go with the suggestion to have brand new people make this determination with no historical input is yeah I can I can understand at that point but also I think in if for clarity as well if we do not proceed with the process of giving our city manager notice then we cannot weigh in per se on any additional contract or any any concerns and non concerns it seems as though that this 90-day renewal period is where I'm getting stuck and it also for clarity does the city managers position report to the City Council okay so which means that the council should it just seems like things aren't going in locking staff it seems like a review should go lock and step with any renewal of the contract no I understand that completely just suggest as though you make comparisons to the legislature many times with your historical yeah I can only say that understand the city council did vote there was a request for a three-year contract which the city manager agreed to a two-year confident how can anybody in the leadership position possibly put anything in place or a plan with at least not having two years in the private agree I think I think right I would say I would say three years would be that a minimum of something that you would want a person its position to to be engaging because you do need time to execute in implement so I'm somewhat stuck I understand the fact that we have new people coming in they do not have a historical presence into to that to properly evaluate our current city manager and they'd be sort of flying blind I do I would I guess historically we have not done an outside company to come in and do a valuation of our city manager which makes a recommendation to which takes input from all of us and that makes recommendations that we would and then that report would be submitted to the board so I'm just kind of torn and I might add counseling career we did go through that process when Betsy fretwell resigned and we had a full vetting of different applicants to be city manager very thorough with consultants and I must complement our city manager on amassing an incredible team that has delivered the product now you come along and you go ahead and take that process out what happens to all those things that right now are in the pipeline and what does that do to everybody in his employ he's the city manager and to me again I just I don't know whether yes just real quickly is finalized we our main concern necessarily I am I am right on topic I mean my name is Sir fails then you would be no but I think we need to have the discussion before like well before I can vote zoo striker tonight I need to have some clarity and I don't know what everybody else is my concern I don't like the automatic renewal of any employment contract that and that's my issue that I have well let's hear from councilman am so please okay so I'm just gonna have I'm gonna have to ask you guys a question here so counsel and fury has brought up this 90-day period that occurs in the next couple of days so just can you give me what is the purpose or the intent because I don't have the contract in front of me what is the reason for that 90-day period why was that put in there what what what is supposed to happen if we want to do something in that 90-day period who wants to explain that well let's let's go to our attorney because that's the legal interpretation so I can give you the legal interpretation as for historically why it's in there maybe mr. Tarwater or mr. Davis can speak to it but what the 90-day written notice section says is that the counsel needs to give mr. Adams 90 days notice written notice that it doesn't intend to give him the automatic renewal that's simply what the 90 day notice does is it says the automatic renewal is not going to happen that doesn't mean that he's terminated that doesn't mean that you know we're going some other road it just means the contract will end when it's supposed to end and there's no automatic renewal and then the counsel after you know once the contract is up can go from there either working with him on a new deal or going whatever other route they want to take so so okay so the the the purpose today if it was going to happen would be to vote to give our city manager 90 a notice that we are planning on terminating his contract that's the purpose of it so if we if we don't if we don't do that today then what would happen in two months let's say before his contract is up is there anything we could do at that point except have a performance evaluation agenda item to discuss its performance but we really can't end the contract at that point that's what I'm trying to get my hands around great so mr. Adams contract ends on July 6 2019 if you give him written notice that is written notice that we're not picking up the two-year option essentially if you don't give him written notice today by voting with you know four votes then the automatic renewal will happen on April 7th of this you know a few days from now so but we have to do that today right this would be the last chance we vagenda is it appropriately and this would be the only chance to basically give him the written note the 90-day written notice so the only thing I couldn't boat on today strike as far as this contract is concern is I I could technically vote if there's a motion to give Scott Adams notification we're not gonna renew his contract we're gonna do another search for city manager that's what would happen today not that would have to be the motion because if the motion is to to do just to wait two months in order to do a performance evaluation well it doesn't matter what the performance valuation is his contract automatically renews if we do nothing today is that right right I would say voting to do the 90 day well this is voting for the 90 day written notice today just says not that we're met he's being terminated it's just that the contract will end on the date it's supposed to end and between now and July 6 we will agendize accordingly for if you want a review of mr. Adams if you want to have a new you know written up and brought before you all of those options become available that's what we would do in the mean - okay well I okay so what I don't want to do is I do not want to vote to give Scott Adams notice that his contract will not renew I mean I don't have any reason to do that so I'm trying to understand what the so if okay so I guess I guess what would be the alternative motion to help me vote on whether or not to strike this item if in fact if I may mr. attorney this item is stricken it does not pass and everything continues as is he will get a second year and I look at all this team here who is counting on his leadership going forward he's amassed a wonderful team so there is a motion on the floor to strike well not I guess some I'm not going to support the strike unless I know what the alternative motion could be okay that would have to be a motion up here I'd have to hear what the the motion would be from councilman Fiore on so well we first have to vote on the motion to strike to clear the light can I just get an understanding here also this seems sort of backwards to me why are we having why did we have a contract where someone was going to be extended or not extended without having the evaluation at the same time that's what I can't understand I think some of the concern of people here is that they haven't had a chance to discuss some of the concerns they have so if we do strike it if we don't have it let's give the people who are concerned at least it's a chance to get out whatever their concerns are that's what I'm trying to say right now we have a situation where because if we if we go through with this then this man is you know he said he's gonna be gone our vote will be taken then I'm assuming and we don't know what will happen but what I what I feel is that we should have combined and this is for future you should combine your evaluation at the time you're going to decide if he stays or not and and that's my question as I recall every April May but the caveat here is that because of the wording here this is a 90-day caveat you cannot move forward with an evaluation and have it in place because you've missed the 90-day period well and I want to say that I think Councilwoman Fiore did a very sharp job of picking up that six thing that we had to do it by the six I didn't know that and I don't know any other councilmen here who knew that so we weren't watching that closely enough and if it's not Scott it could be Dracula who's our next one and we may not you know we might want to go but we've got to watch these things better and I think in watching it better we've got to make sure that we have an evaluation and we have a come to what is it have come to God meeting come to Jesus o come to Jesus meeting okay we should we should have this at the same time and we have not had given an opportunity to those who have concerns to be able to discuss those concerns with our city man and you will have that in May regardless because whether or not you bonus the city manager or not this would put in place the non-renewal Clause automatically that's what you're putting out there there's an automatic non-renewal it isn't and other than that you will for read Snell ding and Brad gerbic and our city manager have the opportunity to talk about issues that everybody might have that is the purpose of our gathering to talk about those those items and then at that point the city manager is the only person that does it in public his response the public but we would be able to before not in public discuss our recommendations to the manager right or not well you would in May anyway you just might not give them a bonus but the difference is I'm not even thinking bonuses yes the difference is that if we don't do it now are we then liable for a lot of money on an extended contract isn't that a concern that was voice see that was I think that's the concern of the people who feel we should do this now right to try to put a fine point on it and help everybody out with some of the questions if written notice isn't given today Scott Adams contract is renewed this weekend for two more years he can be fired at any time terminated per the terms of his contract during the contract however as mayor pro-tem was pointing out there are clauses within the contract there would be a you know payouts and that type of thing because he's under contract at that point so you will either give him notice today that you want to structure a new deal in July or you don't give notice today and he's locked in for two more years but he still comes up for review he still is an at-will employee of the council and all of those things remain in place okay so let's go ahead and we have a motion to strike let's vote and see where it goes please city clerk motion to strike this there of clarity and many questions Thank You Leigh reelected thank you so you know I know that I have I I don't have an issue per se with a contract we knew I think I just I'm just stuck with this 90 day automatic renewal how do we move forward have a discussion about contracts moving for about taking that clause are at least having the discussion for that clause as a council and if that is something we want in our contracts because I if we do strike it it's automatically renewed and I'm via me against an automatic renewal so City Attorney if you can help me in and if we do not if we do move forward and that ain't notice it does not mean that we're looking to terminate our city our city manager but then with that trigger a review that is then tied into the renewal of a contract yeah councilman on your latter question yeah we could do whatever you want we could have a review agendized and then we could have a new deal for him ready to go as the next item you know any any type of process you want to put in place we can do that on the former I mean I've heard you I'm sure director Tarwater and assistant city attorney Davis have in terms of the 90-day period so that'll be something that will negotiate with contracts as they come up and if somebody wants it it might go in there but the council obviously can decide what we don't want it and that's just gonna be part of the negotiation okay I just think that ties better with have a review bring the contract obviously prior to it expiring bring the content review bring the contract and that contract might be increased salary decreased salary bonus or whatever it just seems that makes better sense than to just have an employment contract automatically noodle in my two cents I vote this emotion please well there's a motion to strike right now mine doesn't seem to record motion so these little green bubbles are recording we're not going to solve this problem until we have an understanding really of what's the difference between a manager city manager form of government and you know a council form of government because how far do you do this to the council weigh in on what the city manager does and there's this not understanding and all those people there they come with a mindset and a training of city manager government those of us up here may come from a background of another kind of government the council our legislative and and you're not going to solve this problem until you solve that situation I think okay did you post so now motion failed can I make a motion since that motion failed may I make a motion please to modify section D so we can do a review I'm not I don't think we can modify the contract the only thing we to say 9 a notice that we want to have a review in the end a renewal of potentially new of a contract with prior to none seriously thin legal ground here we are essentially holding a personnel session without notice we are essentially I have to disagree Council on this is know why we're doing this because we can't discuss your house we we did not get noticed that his contract with listen we are taking it up it's just your base that we renew his contract and we and we literally have an area to where we can see that's the motion so I would like to make a motion that we are able to look at the contract and and see where we go in the future so that would be he want to give them you want to make a motion to give the 90-day written notice yes please now does that tie into a when was our city managers last review I know I did vote wrong but the mayor is gone now and we have to have the mayor here she came for that vote so just go on to your motion just go under your load I don't know if they could just fix it Michelle I'd rather not fix it here and fix it with your motion it was my fault that I apologize so no so my question is that if there is a motion I think that you know my goal my purse I can only speak for myself is that I would left when was the last review of our city manager I remember when I first got I think we gave it bonus was it a year ago correct July last year so July of last year we had a review we gave a bonus and so it seems like prior to his his look we can do this next month I don't know any valuation takes place whatever that process is and then a contract I reckon potentially contract recommendation of a contract renewal should happen about the same time yeah we can certainly agendize as your direct we can have a review and work with HR obviously but it sounds like you're talking about a review and then we'll go from there what other other steps you would like us to do yeah and I don't think we have to I would I think it should be done prior to June and actually should have been you know we should probably set out a meeting now to talk about the renewal so that our city manager knows that his contract is not going to expire prime to him moving forward but I and once again this is no reflection of our currency the manager in what his work is done I personally enjoy working with our city manager and but I think a review should go along with any renewal of a contract and I think with the contract any new Rover contract should you know we're doing these two-year contracts potentially look at it being three years or even a four or five year and so I think we should probably get this done in May so that the contract doesn't expire in June July by giving 90-day written notice his contract terminates on July 6 unless though a new contract renewed prior to July said correct the current contract terminates and as you said we if a new one is run up a new one's drawn up and he would go under that contract correct so let's just start working on a new contract but he's saying he is saying that we would do it in May right I think we can do it as early as May because the fact that if that process needs a I don't I don't think we naturally need to you know wait specifically for I think this board is better prepared to make an evaluation of our of our city manager versus new people coming in because they won't have any contacts but I do believe that some evaluations that happen then a recommendation of a contract renewal should coincide with that and then it will probably get us on the under schedule moving forward that once the contract renewal is approaching then we know that the evaluation would come in from the council and then with that evaluation potentially could be another after three years agreement in place yep I understand and I think everyone else does that direction HR is Michelle making a motion or are you making a motion so one of the things sewers that you mention point like HR we haven't heard from our HR we've heard from attorneys but what is it that HR does does those Human Resources as our human resource organization for the city having have a thought on this may jars been kind of quiet I guess first of all I just want everybody to understand that any votes taken I mean I'm not sure of every single person here but I know for myself I am not voting to our city manager staying or not staying I I feel we have to discuss problems we have and we've had these problems before we had some with Betsy we've had some with DiFiore we've these are problems we have because we were the only government entity in Southern Nevada that has this form of government and it's not easy it's not easy to understand I don't know for example you I've talked with Scott about some of my concerns how much authority do I have to pressure Scott on that you know I don't know because it's a city manager form of government in certain years I didn't say anything to Betsy or to Scott because I felt I shouldn't say anything and then I thought well maybe I should this is difficult we've got to get a better understanding not just for us but for everybody I believe that's that's necessary okay are we having a motion yeah so should we do the motion first or hear from Scott let's hear from Scott Mayor Pro Tem you could make the call on recognize Scott do you want us to make I'm not really sure what to say and I I'm gonna be very measured in what I say because I usually be very was measured measured I respect all of you greatly you know I've been humbled to serve as your city manager the day that the City Council and I don't look at City Council's as you know who comes on in who leaves you are collectively a body we entered into a contract and I you know I I think that that is a contract with the city with the council regardless of who's on the council I have worked with all of you extensively on matters in your ward and matters citywide you know we've worked hard counsel them in the medical district very young and I intend to carry that legacy on you know we built a new library we're working on hundreds part we're working on homelessness I've I made a commitment to Neighborhood Development 2.0 to get back into that so we could start to refocus on neighborhoods and your warts something I think we lost sight of previously we've we've solved oil lengths after a decade tough project done we're we have Ward five on fire right now and I our team is is going full full blast on that project and I've Councilwoman Fiore I truly believe the northwest of this community is the future of our city and I'm truly committed to getting a Business Park online in that area and citywide we've you know we've completed a new Muni court project at least the agreements and we're ready to get to go under construction on something that again we've worked on for a decade and that happened under my administration so I think in summary I think I have helped you as your new city manager in a very short period of time build a city and that's my skill set I've been doing it for 42 years now in cities all over the America and I want to continue to do it for you more have there been issues absolutely I am NOT an insensitive person I think my team can tell you that when we come out of briefings or I come out of one-on-one meetings with you I bring your issues back and we move forward and carry them out and then when there are interpersonal issues I work my hardest to resolve those issues that's how I roll that is innate to me as a human being we have a lot of momentum in this city we're in an unprecedented building boom downtown now I will tell you a story I started here 15 years ago as your real man agency director starting that process and have continued it ever since and we've laid the foundation as a city for incredible investment we have the the first ground-up casino coming downtown in over 30 years an investor doesn't invest in a project like that without the confidence knowing the area he's invest can support that kind of investment and I believe I've been the person holding the baton to get us to that point lay that investment potential I don't believe if are on your side of the diester this is the time to change horses on a city manager this is not but let here's here's the way I take this I have a contract I'm comfortable with it there is a provision in it that if my behavior is so egregious as a body you can get rid of me and in the city management business let me just say this I had talked to Brad I know when I was negotiating the contracts coming in right after my selection I asked him because I had looked at the ICMA contract the international C Managers Association has a standard contract that they hang out there for to to advise communities on entering it too and I asked Brad I said did you use the I am a contract he said yes it has an evergreen provision in it deliberately because with staggered terms on councils the political vagaries of councils a manager could never pull off a tenure of enough time serving as your city manager to get the job done a manager would always be subject to the individual whims of council members and their tenure would be very limited and you would never get anything done and that that is why the contract is written the way it is I wasn't being deceitful and not notifying you about it because you have a way to rid of me if I if my behavior if I don't listen to you on a continuous basis you can terminate me mr. Adams me so please let I finish because I'm going to tell you something this is this is so sad that we have accomplished so much in this city with all of us working together and we should not be playing in public something like that when it would have been better just to meet and say we can talk to you about problems and you would have to be very straight with us and we will tell you when we don't think you're straight with us or whatever that's where we should have begun I think you're gonna say that yeah do I get to do I get to finish i i'm the mayor today i'm sorry and i i'm not intending any disrespect by that i just kind of wanted to get my statement out because i it in here listening to the discussion of a unilateral negotiation of my contract i'm taking let me let me let me be very clear if you vote today to terminate the contract you're getting rid of me no I know it's a two-way contract you don't get to decide with me what I want to do you know it is you if you vote to not renew today I this is this is um it doesn't feel good I feel like we've been in a very good relationship contractually personally and professionally and to take a moment I just as an aside I've been negotiating contracts my whole life with some of the best people in the I know how contract negotiations work but to find that one point of leverage which is what's happening here and use it to renegotiate a deal when there's nothing about our relationship that's lacking you've never told me going into today that there's significant issues with my performance in fact I look at the just the opposite just last July you gave me a fantastic performance review and a big bonus so to your point councilmen career I have an annual review I've been given an annual review and you gave me a great review now what you're saying is well we want to tie the contract term to your review I have a contract I'm comfortable with it if you want to terminate it I take it somewhat hostile and I don't mean any disrespect in saying that please don't take that negatively but it's hard for me to take it positively you know Scott and I can understand how you feel I truly can I don't know I mean anybody up here from what they've said that they want to fire you or do anything like that that's why this is so ridiculous the paper will probably have some big headline or something like that and that's not the case and you have done all those things I know you've done the the medical district you were right there at the very beginning and you've helped me out tremendously in that and I know about the library and I know about the other things so don't worry Scott if I were you I'd be the same way you're feeling now but don't worry let's finish this up wait we have two people if there's on before yours and then both and then we're going to finish okay we're gonna finish I think Michelle Cedric and then you okay and then we'll have a motion and let's get this done let's do it the right way okay so so the motion basically is to before contracts renew we need to have an evaluation of the contract so my motion basically would be with this 90 days we need to renegotiate this contract going forth to where we actually have an evaluation before a contract automatically renews this is not saying we're terminating our city manager this is just saying the way this was laid out was incorrect if we didn't catch it just a little went on so my motion basically is to terminate the contract so we can redo the contract with the clause of renewing with an evaluation Michelle would you go for we're discussing the problem and then making a motion to whatever is done so you would have an idea of what other your other council people felt so I think I think that's so there's there's many renegotiate that's that's a step in a direction I don't know well not really so here's the thing just given a if we look at the whole contract I'm just looking at section two area D that's it I'm not worried about any other part of that contract besides section two area D that's it it's the 90 day thing that automatically renewed I just want to be able to be able to have the evaluation so that's the motion can the come the attorney be clear on that motion just so everyone knows it's not a termination it's not changing anything besides the clause that it automatically would you stop it mr. coffin just stop it thank you madam rope first I I can understand our city manager in your vme concern and I would have the same concern and and you I'm glad you spoke as abs add some clarity to it yeah I don't view it as I guess if we do do the if we don't do the 90-day notice there's automatic renewal and then I can see how Scott now says if we don't do it then there is not a renewal that is terminated but I for some reason I can't get in my mind to understand how you feel as though it is a termination because at least I can I'm not looking to terminate the agreement quite the opposite actually quite the opposite I I respect and appreciate in my short tenure here all the hard work that our city manager has done the leadership he's done in the projects that that are important to Ward 5 without his leadership then we could not accomplish any of the things that we've accomplished in a very short period of time I I just really believe that in order for any contract to be renewed there should be some type of review process that happens in connection with the renewal now in this particular situation because I do have the trust of well the city manager maybe we do do the automatic renewal and then if it's it would be automatic renew for two years that's what it would be correct if you if you do not exercise the 90 day written notice today the automatic renewal will happen over the weekend okay well you know I would be I would I would entertained to not give a notice have it be renewed for 90 days but then movie forward how do we I just saw I don't like the automatic renewal and so after two years I think an evaluation should go with any any renewal of a contract and then my question to HR or to even to the city manager how do we do it for our Chiefs and those who have contracts is this the same process are there not contracts in place or someone answer that for me we now have an eminent lawyer approaching the microphone because we're gonna listen to him middle of a motion I don't think we can entertain testimony it's not a public hearing so my question first please can we please you know what we've probably been out of order a lot of times and let's just you know he's going to beat me up before this meetings over we all know that okay would you please address the question thank you mayor Burton Morgan Davis assistant city attorney at your leisure to answer your question councilmen career City Manager Adams I believe is the only official executive that has written contract the three that work directly for you Brad at one point had a written contract doesn't have one now I believe I don't believe the auditor has one nobody else works directly for you so there and your point of ranks at-will employees no contracts that is your question so you're telling us that Scott's the only one who has a contract of the three employees that work for us okay thank you let's have the motion on the floor I'm asking what is the motion mr. coffin I would like the attorney to repeat the motion so Councilwoman furies motion is for the council to exercise the written notice under Section 2d of mr. Adams's employment agreement which would give him 90 days written notice that his current contract ends on its termination date July 6 2019 and unrelated related to the motion but not part of the motion is some direction for multiple council members to tee up a review and new employment agreement thereafter or in the interlude I guess so that's the motion can we vote on that we have a time certain if when that contract would be brought back to the council for approval well it sounds like you were directing staff for some time in May which would obviously hit before the July 6 termination day to that councilman is that would you like and is that well I'm open it up is that sufficient time to do an evaluation and to also drop another agreement I don't know what the evaluation process is are you asking to have a chance where we can discuss this before we vote on the extending or not extending we have time don't know so what else what so Mayor Pro Tem madam mayor what he's asking is with this motion add a caveat of timeframe to where we have let's say four to eight weeks May June to negotiate with the manager on I mean he's looking to even make the contract stronger so that's what he's asking is a time certain to where we renegotiate terms or keep it as the same it's just it's you know we're open so so that so basically what councilman career is I just want to say this if I could Cedric to all of this and that is I can't vote on this motion the way it is if for gosh sakes we have all kinds of people up here who are saying how great the CMO is and yet we're gonna vote on something that says up you may be great but you know what you may be let go in a certain amount of time I still say we have to tie that in with an evaluation and I just want to make that that's the motion that the motion is thank you yeah but then I would I would also like to see this completed if possible in May idea two completed in May yes tell you the truth who knows how well the CMO is done except for the people who were up here most of whom are praising the see mo okay go ahead I'm sorry mr. cotton thank you for the recognition I'm been watching this situation build between the representative for Ward six and the city manager in in the public media and in private correspondence telling him to fire people asking him to hire people asking him to find out who it is that's watching Netflix out there among the two or three thousand employees these things are micromanaging and they are not part of a council members duty to then post an item on an agenda which would give an impression that the may be more than one member of the council wants to look at or terminate the city manager and yet it's only one person who really at this moment is pushing this agenda I think that given the fact I have a lot of respect for my colleague here there was time there were you've been on the council now council woman for two years almost and there was time for you to look at all these contracts there was time for you to have examined mr. Adams contract you could have brought it to us privately and said whoa we better act sometime here pretty quick because he's liable to get re-employed all of this now has played out in the public media words like questioning his integrity character honesty all of these things from one member of the council has put us in turmoil and opened us seriously to legal cost and I know this because I've been through this stuff because you're being sued right now just really think it's being sued twice now by useless people but I can tell you this I brought this up privately I tried not to say these things in the public sphere but here we are what we have is a situation where now three people on the council have voted to keep talking about his viability as city manager you gotta understand what climate is being set here how the hell can this man function how could he run him who in the hell is gonna pay attention to him if he look like he's on thin ice now the now the race starts for leadership here now the people will be talking we have got to we need a new manager don't we so surely you'll consider me or should we start a national search in the meantime the subject here gets an attorney a good attorney and we are exposed we're exposed in so many different ways for so much money and you know we worry about legal expenses here we do and yet it is impossible to calculate what we have done to damage this man's employability a 63 year old who is entitled to a fair hearing with warning and a seriously discussed option for perhaps finding a way a way to the solution but not with this last-minute rash behavior I frankly think that it's a shame on all of us that we let it get this far I tried my desperate most here the last few days to keep it down I thought it was going to be trailed to the end of the meeting but it was not certainly I think of the long-term consequences of this public debate here this will not go well for us it will not it is not harmless the motion is to terminate that is the language we have talked a long time I'm sure these people in the audience are tired of hearing the same thing over and over again within our minds we have the last motion and let's go and that's have a vote Mayor Pro Tem deputy city attorney after working down here I can if the Councilwoman doesn't mind I can articulate the motion again legally and then we'll go from there okay okay the motion is to exercise the written notice under Section 2 D of as an employment contract the only thing that will happen as a result of that motion if it passes is his contract terminates on July 6th the essentially that is a decision to not pick up the two-year renewal and that's the motion now in addition to that we have direction the forum though we have direct we have direction from we have direction from the rest of the City Council between or in May and I've heard a suggestion of a date certain May first that a new employment agreement along with a review be teed up for that council meeting and I don't know if that satisfies councilmen career or when you were looking for an evaluation and new deal let's go with the motion that's on the floor let's have a okay me I would like that added into the motion which is May first is when a new contract is negotiated and we do a we actually vote on a new contract and do a performance evaluation that they can you include that in your motion consul one Fiori okay so that's in the motion under standing this probably the only one up here who's not understanding this right can I ask just a lawyer one thing I don't want to vote for termination I don't want to put a CMO on thin ice I don't want to do that I do think we should have an evaluation so how do you I vote on this thing then we have here if I vote am i doing what I don't want to do you vote how you want if you if you if you vote in favor his contract that he's under now ends on its end date July 6th however we have included with the motion direction to staff that I'm a first a new deal will come before the City Council along with an evaluation so that's where we are in this motion to I mean the semantics of termination no he's not being fired he the motion is to say that his contract ends on July 6th and the two-year pick up is not happening you haven't allowed discussion Matic a contract that I'm a party to I I'm hearing from the city attorney that the motion is to terminate the agreement well did that do you've added things to the end of it at the end of the day in the effect of that is my contract will be terminated and my last day of employment will be July 6 that is for sure please let me indicate to you I can't take that any other way than you're firing me that's the only way I can take that I don't care what you added to the end of it because you can offer me a subsequent contract that isn't worth the paper it's printed on and I'll never sign so so I you terminated me if you approve this I want it to be very clear you've terminated me and and that's how I'm taking it and that's how I'll act accordingly subsequent to your actions i I don't know any other way to take it and I am again being totally respectful to you as a body i but I feel like you can't have a contract discussion about my contract without me weighing into it the time to negotiate renegotiate my contract should have been 1 or 2 months ago you should have said hey we got problems with your performance we want or the contract we want to renegotiate it let's renegotiate it so that when we give the notice but you didn't we can replace it today with the new contract but today if you terminate your terminating that's that's what you're doing I am I I know enough about contract law to know your action will be terminating my contract just as this is a legal aside the motion is to exercise the 90 day written notice the 90 day written notice that the counsel would be voting out with this motion does not terminate mr. Adams services it's merely exercising its option not to renew for the 2-year period after July 6 2019 that's the effect with respect to the contract for the record make a vote all right I'm going to have to move for a vote on the motion I I do not like to do this without the mirror here I'm tell you that and I don't know anyway that we could do this I thought when she left that you know things were settled but I do not like to do this without the mayor because she felt so strongly and she is right and that she represents the entire city but anyway please vote on the motion I need to vote I thought I could get away without voting okay doggone it I'm gonna I just can't see how a body with as much intelligence as we have up here if you get into a situation where we're gonna say yay or nay on someone's contract and we haven't even talked to you about the problems if there are problems but I'm gonna move on this phocion all right now can another motion be made that passes that passes and I'm we have to change everything and we all have to take a 10-minute break in order that we are okay appear please understand that I believe the