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ccreg 08-01-2000 . REGULAR SESSION OF THE SCHERTZ CITY COUNCIL AUGUST 1, 2000 The Schertz City Council convened in Regular Session on Tuesday, August 1, 2000 at 7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. Those present were as follows: Mayor Hal Baldwin, presiding; Councilmembers Norma Head; Joe Potempa; Reginna Agee; Glyn D. Williams and Ken Greenwald. Staff present were City Manager Kerry Sweatt and City Secretary Norma Althouse. Mayor Baldwin welcomed everyone and asked them to rise and join him in the Pledge of Allegiance to the Flag. #1 Executive Session called under Chapter 551 Texas Government Code, pursuant to Section 551.071 and Section 551.074 of the Government Code, Consultation with Attorney and Personnel Matters, concerning pending and contemplated litigation or settlement offer and the evaluation and employment of the City Manager and possible appointment of an Acting City Manager. Council held an Executive Session in the Conference Room from 7:05 p.rn. until 7:50 p.m. . #2 Consider and take action on ending the employment relationship between the City and the City Manager, appointing an Acting City Manager, and related actions. Mayor Baldwin announced this is an emotional situation and asked that decorum be maintained. Please no gestures, booing or applause. Mr. Potempa submitted the following Resolution: RESOLUTION TERMINATING CITY MANAGER'S EMPLOYMENT WITH THE CITY OF SCHERTZ August 1, 2000 RESOLVED, pursuant to Section 5.01 of the City Charter and Section 4B of the Employment Agreement dated as of July 1, 1995 (the "Employment Agreement") between the City of Schertz, Texas (the "City") and Kerry R. Sweatt (the "City Manager"), the City Council hereby terminates the City Manager's employment with the City, without cause, effective immediately; and RESOLVED FURTHER, the Comproller is hereby directed to issue a check of the City, in the amount of $92,870, in full payment of the amount owing to the City Manager under Section 4B of the Employment Agreement. . -260- -- Mr. Potempa moved to accept the Resolution terminology. Mr. Williams seconded the motion, which carried with the following votes: AYES: Councilmembers Potempa, Agee, Williams and Greenwald. NAYS: None ABSTENTIONS: Councilmember Head (said she feels she can support the Resolution, but since she's new on Council and was not part of the evaluating process, feels she should abstain). Mr. Greenwald submitted the following Resolution: RESOLUTION APPOINTING ACTING CITY MANAGER August 1, 2000 RESOLVED, the City Council of the City of Schertz, Texas hereby appoints Steve Simonson to serve as acting City Manager until the appointment of a full-time City Manager pursuant to Section 5.01 of the City Charter. . Mr. Greenwald moved to approve the Resolution appointing Steve Simonson as acting City Manger. Mrs. Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald. NAYS: None. Mrs. Agee submitted the following Resolution: RESOLUTION CONCERNING PROCEDURE AND PROCESS FOR SEEKING NEW CITY MANAGER August 1, 2000 RESOLVED, the City Council of the City of Schertz, Texas hereby appoints a committee composed of Hal Baldwin and Glyn Williams to propose a procedure and process for filling the vacancy in the position of the City Manager of the City and requests that such committee report to the City Council on or before August 16,2000. Mr. Agee moved to approve the Resolution concerning procedure and process for seeking new City Manger. Mr. Greenwald seconded the motion, which carried with the following votes: . -261- . AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald. NAYS: None. #3 ADJOURNMENT Mayor Baldwin adjourned the meeting at 7:56 p.rn. Mayor, City of Schertz, Texas ATTEST: . ~ftl4V a~~ City Secretary, City of Schertz . -262- (