CC 01/25/2021 Minutes - Laserfiche WebLink

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CASSELIIERRY CITY COMMISSION Minutes of January 25, 2021 — Regular Meeting Page 5 of 15 AMENDED MOTION: Vice Mayor Busch moved that the City Commission direct the City Attorney to draft a resolution condemning all violence, violent speech, and anything that would incite violence for any reason, for consideration at the next regular City Commission meeting. Motion was seconded by Commissioner Aramendia. Motion carried unanimously by voice vote 5-0. Commissioner Albritton proposed a future agenda item to allow for discussion of residents' concerns and the implications of those concerns related to Vice Mayor Busch's public statements on January 5111, the day prior to the violence that occurred at the Capitol on January 61h, and the possible need for a code of conduct for City Commission members. City Attorney Reischmann advised that there was an existing Code of Boardsmanship which had been adopted by the City Commission several years ago, and the City Clerk was providing copies to the City Commission members at this time. Discussion: A lengthy discussion ensued amongst the City Commission members and the City Attorney which included: the need for any future agenda item relating to this issue to be clearly delineated as to whether it would be specific to Vice Mayor Busch's comments or a more general statement; the need for Vice Mayor Busch to have an opportunity to prepare for any future discussion of the matter; the need for all parties to have an opportunity to express their opinions about the issue; whether any violation of a specific section of the Code of Boardsmanship would be discussed; the fact that the City Commission has authority to censure for behavior that occurs in a meeting, but that authority is limited for behavior occurring outside a meeting; whether a third party should be engaged to investigate the issue and advise the Commission how to proceed; and the fact that the City Commission could not act as investigator, accuser, judge and determiner of any outcome. City Attorney Reischmann suggested that pursuant to procedure, if some sort of hearing was going to be set up for the next meeting, tonight's agenda should be amended to add an item to discuss that possibility. Mayor Henson stated that until it was known what Commissioner Albritton wished to discuss, he would prefer not to amend the agenda; however, he suggested at this point that it would be appropriate to remove Vice Mayor Busch from all of his committee assignments. Vice Mayor Busch agreed that would be appropriate. MOTION: Commissioner Aramendia moved to remove Vice Mayor Busch from all committee assignments. Motion was seconded by Vice Mayor Busch. Motion carried unanimously by voice vote 5-0. Discussion: Further discussion ensued which included the following: whether Vice Mayor Busch may have violated Item 8 of the Code of Boardsmanship which states "I will refrain from any individual action that could compromise the integrity of the City. I will delineate clearly for any audience whether I am acting or speaking as an individual citizen, a member of a Board or Commission, or in a capacity as a representative of the City."; and the possibility and feasibility of resolving the issue at tonight's meeting rather than continuing the discussion to future meetings. Mayor Henson advised that the issue could not be fully resolved tonight, as it would be a failure of due process unless Vice Mayor Busch agreed to waive his right to bring in an attorney to represent him. Vice Mayor Busch advised that he was not going to waive his right at this time but would like to hear from the citizens who had come to speak tonight on the issue under Citizens' Comments. Mayor Henson agreed that was fair and if it was agreeable, he would move to Citizens' Comments and then return to Future Agenda Items after the comments had been heard.