HomeMy WebLinkAboutMinutes - City Council - Special - 3/22/2007CITY OF LUBBOCK
SPECIAL CITY COUNCIL MEETING
MARCH 22, 2007
2:30 P. M.
The City Council of the City of Lubbock, Texas met in special session on the 22nd
day of March, 2007, in the City Council Chambers, first floor, City Hall, 1625 13th
Street, Lubbock, Texas at 2:30 P. M.
2:30 P.M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor David A. Miller, Council Member Gary O. Boren, Council
Member Linda DeLeon, Council Member Phyllis Jones, Council
Member John Leonard, Council Member Floyd Price
Absent: Mayor Pro Tem Jim Gilbreath
1. EXECUTIVE SESSION
Mayor Miller stated: `City Council will hold an Executive Session today for the
purpose of consulting with the City Staff with respect to pending or
contemplated litigation as provided by Subchapter D of Chapter 551 of the
Government Code, the Open Meetings Law."
2:31 P.M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council Conference Room
All council members were present, except Mayor Pro Tem Gilbreath.
1.1. Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.071, to discuss pending or contemplated litigation or
settlement agreement, and hold a consultation with attorney (Solid
Waste).
5:02 P.M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor David A. Miller; Council Member Gary O. Boren; Council
Member Linda DeLeon; Council Member Phyllis Jones; Council
Member John Leonard; Council Member Floyd Price; Lee Ann
Dumbauld, City Manager; Anita Burgess, City Attorney; and
Rebecca Garza, City Secretary
Absent: Mayor Pro Tem Jim Gilbreath
Mayor Miller reconvened the meeting at 5:02 p.m.
Special City Council Meeting
March 22, 2007
2. REGULAR AGENDA
2.1. Settlement Agreement Resolution - Solid Waste: Resolution No.
2007-RO127 authorizing the Mayor to sign a settlement agreement with
Terry Ellerbrook in cause number 2006-534715 and/or tendering the
City's deductible under its policy of insurance to its carrier, St.
Paul/Traveler's Companies, Inc., for purpose of resolution of said case.
Consider a resolution authorizing the Mayor to sign a settlement agreement
with Terry Ellerbrook in cause number 2006-534715 and/or tendering the
City's deductible under its policy of insurance to its carrier, St. Paul/Traveler's
Companies, Inc., for purpose of resolution of said case
FISCAL IMPACT
Included in the settlement agreement.
Motion was made by Council Member Leonard, seconded by Council
Member DeLeon to pass Resolution No. 2007-RO127 as recommended by
staff. Motion carried: 6 Ayes, 0 Nays.
Bob Craig, Attorney for the City of Lubbock, gave an update of events from
Monday, March 19, 2007 until the agreement of today.
City Attorney Anita Burgess gave a statement, which said "To my knowledge,
this will resolve all outstanding issues as alleged in the case of Terry
Ellerbrook, to include his allegations of violations of the Open Meetings Act,
the Charter, the Age Discrimination and Employment Act, and the Whistle -
Blower Protection Act, and any issues concerning reprisal. There is no
admission of liability on the part of either party. Councilman Gary Boren has
never been a party to this lawsuit. There are no investigations through the
City Attorney's office with regard to any matters relating to Mr. Ellerbrook
and his pleadings. In so far as I am concerned, this matter is now closed. The
City has no intention of pursuing any civil or criminal charges in this matter
against Councilman Gary Boren."
5:05 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, Mayor Miller
adjourned the meeting.
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