City Council

Name: City Council — Clarksville, TN
Start: 2021-05-12
End: 2021-05-12
Location: Clarksville, TN

Regular Meeting

Clarksville, TN · May 12, 2021

Minutes

CLARKSVILLE CITY COUNCIL SPECIAL SESSION MAY 12, 2021 MINUTES CALL TO ORDER A special session of the Clarksville City Council was called to order by Mayor Joe Pitts on Tuesday, May 12, 2021, at 4:30 p.m. in City Council Chambers, 106 Public Square, Clarksville, Tennessee. A prayer was offered by Councilperson Wallace Redd; the Pledge of Allegiance was led by Councilperson DaJuan Little. ATTENDANCE PRESENT: Richard Garrett, Mayor Pro Tem (Ward 1), Vondell Richmond (Ward 2), DaJuan Little (Ward 3), Wallace Redd (Ward 4), Jason Knight (Ward 5), Wanda Smith (Ward 6), Travis Holleman (Ward 7), Wanda Allen (Ward 8), Karen Reynolds (Ward 9), Stacey Streetman (Ward 10), Ashlee Evans (Ward 11), Trisha Butler (Ward 12) HIRING OUTSIDE COUNSEL ORDINANCE 93-2020-21 (First Reading; Postponed April 29th) Amending the Official Code relative to hiring outside counsel Councilperson Allen made a motion to adopt this ordinance on first reading. The motion was seconded by Councilperson Smith. Councilperson Allen made a motion to amend this ordinance to require the City Attorney to request outside counsel fees in excess of $125,000 in a non-public meeting and to require additional fees also to be approved by the City Council. The motion was seconded by Councilperson Smith. Councilperson Streetman made a motion to amend Councilperson Allen’s amendment by substituting language clarified by the City Attorney including her amendment to increase the limit from $125,000 to $150,000. The motion was seconded by Councilperson Smith. This amendment was also supported by Councilperson Knight. Councilperson Streetman said this amount would match the City Attorney’s current settlement authority. Councilperson Allen felt $125,000 would show an urgency for the City Council to authorize an appropriation of additional fees. Councilperson Redd made a motion to divide the question to consider the two proposed amounts separately. The motion was seconded by Councilperson Holleman. Councilperson Garrett called for the question on Councilperson Redd’s motion. The question was seconded by Councilperson Streetman. There was no objection to ceasing discussion on the notion to divide. The following vote was recorded: AYE: Butler, Holleman, Pitts, Redd, Reynolds NAY: Allen, Evans, Garrett, Knight, Little, Richmond, Smith, Streetman The motion to divide the question failed. Councilperson Butler made a motion to recess to to allow Mr. Baker to prepare and provide a clean version of the proposed Streetman-Knight amendment. The motion was seconded by Councilperson Evans. There was no objection. The City Council recessed at 5:17 p.m. and reconvened at 5:44 p.m. Mr. Baker recommended the Streetman-Knight and Allen amendments be denied and consideration be given to the newly drafted ordinance which incorporated elements of both. The following vote on Councilperson Streetman’s amendment was recorded: AYE: Allen, Butler, Evans, Garrett, Holleman, Knight, Little, Pitts, Redd, Reynolds, Richmond, Smith, Streetman Councilperson Streetman’s amendment to Councilperson Allen’s amendment failed. The following vote on Councilperson Allen’s amendment was recorded: AYE: Allen, Butler, Evans, Garrett, Holleman, Knight, Little, Pitts, Redd, Reynolds, Richmond, Smith, Streetman Councilperson Allen’s amendment failed. Councilperson Allen made a motion to amend this ordinance by substituting the language recommended by the City Attorney with the request limit established at $150,000. The motion was seconded by Councilperson Evans. The following vote was recorded: AYE: Allen, Butler, Evans, Garrett, Little, Reynolds NAY: Holleman, Knight, Pitts, Redd, Richmond, Smith, Streetman Councilperson Allen’s amendment failed. Councilperson Allen made a motion to amend her amendment by changing the request limit from $150,000 to $125,000. The motion was seconded by Councilperson Evans. The following vote was recorded: AYE: Allen, Butler, Evans, Garrett, Little, Reynolds, Richmond NAY: Holleman, Knight, Pitts, Redd, Smith, Streetman\ Councilperson Allen’s second amendment passed. The following vote on the amendment as amended was recorded: AYE: Allen, Butler, Evans, Garrett, Holleman, Knight, Little, Pitts, Redd, Reynolds, Richmond, Smith, Streetman Councilperson Allen’s amendment as amended unanimously passed. Councilerson Smith left the meeting at 6:06 p.m. Mr. Baker warned members that if outside counsel funding is discontinued, the other party could demand a higher settlement and/or the City Attorney may be forced to represent the City without a proper defense. Councilperson Garrett called for the question. The question was seconded by Councilperson Richmond. There was no objection to ceasing discussion on this ordinance. The following vote on the main motion was recorded: AYE: Allen, Butler, Evans, Garrett, Holleman, Little, Reynolds, Richmond NAY: Knight, Pitts, Redd, Streetman NOTE: Councilperson Smith was not present for this vote. The motion to adopt this ordinance on first reading as amended passed. ADJOURNMENT The meeting was adjourned at 6:10 p.m. ADOPTED: June 3, 2021

Agenda

CLARKSVILLE CITY COUNCIL SPECIAL SESSION MAY 12, 2021, 4:30 P.M. AGENDA 1) CALL TO ORDER Mayor Joe Pitts 2) PRAYER Councilperson Wallace Redd 3) PLEDGE OF ALLEGIANCE Councilperson DaJuan Little 4) ATTENDANCE City Clerk 5) HIRING OUTSIDE COUNSEL 1. ORDINANCE 93-2020-21 (First Reading; Postponed April 29th) Amending the Official Code relative to hiring outside counsel Councilperson Allen 6) ADJOURNMENT ORDINANCE 93-2020-21 AN ORDINANCE AMENDING THE OFFICIAL CODE OF THE CITY OF CLARKSVILLE , TENNESSEE, TITLE 6, “FINANCE AND TAXATION,” CHAPTER 5, “BUDGETS, IMPLEMENTATION, AND ADMINISTRATION,” SECTION 6-514(B), “INTERNAL SERVICE FUND,” RELATIVE TO HIRING OUTSIDE COUNSEL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Official Code of the City of Clarksville, Tennessee, is hereby amended by deleting the existing language in Section 6-514(b) in its entirety and by substituting instead the following: (b) The city attorney, and his/her assistants, shall be responsible for claims and litigation management, under the supervision of the city council, not otherwise inconsistent with his duties as city attorney as provided in the City Charter, or with state law of general application, to include the Tennessee Rules of Professional Conduct for attorneys. The city attorney shall have full authority regarding the determination as to whether to retain outside counsel, and the selection of outside counsel, with regard to all legal matters involving the city, to include defense of claims made or threatened against the city, and the city attorney shall make reports to the city council regarding same from time to time, or as otherwise directed by the mayor or city council. (b) The city attorney, and his/her assistants, shall be responsible for claims and litigation management, under the supervision of the city council, not otherwise inconsistent with his/her duties as city attorney as provided in the City Charter, or with state law of general application, to include the Tennessee Rules of Professional Conduct for attorneys. Should the city attorney deem it necessary to retain outside counsel, the city attorney shall submit a request to the city council, which request shall state: the grounds for retaining outside counsel; the proposed scope of the outside counsel’s employment; the city attorney’s best estimate of the total cost of retaining outside counsel for the grounds stated; and the city attorney’s best estimate of the total liability exposure presented to the City by any such matter in which outside counsel is involved. The city council, by majority vote, shall have full authority regarding the determination as to whether to retain outside counsel, and the selection of outside counsel, with regard to all legal matters involving the city, to include defense of claims made or threatened against the city. The city council, by majority vote, shall have full authority to apportion funding for retaining outside council. Should the cost of any such outside council retained exceed the estimate provided in the city attorney’s request, the city attorney shall submit a report to the city council detailing the reasons for the cost overrun and the city attorney’s best estimate of the total additional cost of such outside council. Additional funds for outside council shall be apportioned by the city council only after the city attorney submits such report and only upon majority of the city council. The city attorney shall provide the city council with a monthly report on the status of every matter in which outside council is involved, which report shall include: a running total of the cost of the outside counsel for each such matter; the city attorney’s best estimate of the total liability exposure presented to the City by any such matter; and the city attorney’s best estimate of the likelihood of success of each such matter. POSTPONED: April 1, 2021 to Special Session or May 6, 2021 POSTPONED: April 29, 2021 to Special Session on or before May 13, 2021 FIRST READING: SECOND READING: EFFECTIVE DATE:

Get email alerts for Clarksville

A daily email when new agendas and minutes are posted.

Report an issue with this meeting