City Council Special

CITY OF HENDERSON CITY COUNCIL MINUTES SPECIAL MEETING November 29, 2011 I. CALL TO ORDER Mayor Hafen called the Special Meeting to order on November 29, 2011, at 5:03 p.m. in the Council Chambers, City Hall, 240 Water Street, Henderson, Nevada 89015. II. CONFIRMATION OF POSTING AND ROLL CALL The City Clerk confirmed the Special Meeting had been noticed in compliance with the Open Meeting Law by posting the Agenda prior to 9:00 a.m. three working days before the meeting at City Hall, the Multigenerational Center, the Whitney Ranch Recreation Center, and Fire Station No. 86, and by mailing a copy of the Agenda to everyone appearing thereon and on the Master Agenda mailing list. Present: Mayor Andy Hafen Councilmembers: Sam Bateman Debra March (via teleconference) Gerri Schroder Kathleen Vermillion Absent: None Officers: Mark Calhoun, City Manager Sabrina Mercadante, City Clerk Staff: Tedie Jackson, Minutes Clerk Others: Steve Demaree, outside counsel Dr. David Erbach, Principal of Mannion Middle School III. ACCEPTANCE OF AGENDA (Motion) Councilwoman Vermillion moved to accept the agenda as presented. The roll call vote favoring passage was: Those voting aye: Bateman, Hafen, March, Schroder, and Vermillion. Those voting nay: None. Those abstaining: None. Those absent: None. Mayor Hafen declared the motion carried. Henderson City Council Special Meeting Page 2 November 29, 2011 – Minutes IV. ITEMS OF BUSINESS S-001 FINAL SELECTION CITY ATTORNEY DEPARTMENT OF HUMAN RESOURCES Selection of candidate for the city attorney position and direction to the Human Resources Director to finalize the terms of an offer of employment, subject to Council ratification. Mayor Hafen stated that this City Attorney position is an appointed position that reports directly to the Mayor and Council. He noted that they were not required by charter to go through an interview procedure; however, they did so to ensure an open process and to find the best candidate. He explained that after the Human Resources staff created the initial requirements and posted the position, during the recruitment process, it became evident that the requirements originally posted were prohibitive to establishing the large field of candidates that were desired. Given that there are no statutory requirements to this position, the criteria was modified to allow a greater number of candidates with a broad range of experience to apply. Mayor Hafen stated that following the interviews, Christine Guerci-Nyhus and Josh Reid were scheduled with follow-up interviews with the Council to learn more about their experience, leadership styles, and legal expertise. He noted that he recognizes and appreciates that the media has a job to do, and it is within the media’s ability and their responsibility to maintain objectivity and professional integrity. Despite all the outside influences on this process, nearly every candidate that was interviewed had someone advocating on his or her behalf. He said the Council will maintain their objectivity and base their decisions on the best candidate regardless of the lobbying. Mayor Hafen opened the public comment period at this time, and noted that there is another public comment portion after this item. Councilwoman Schroder introduced Dr. David Erbach, Principal of Mannion Middle School, who is shadowing her as part of the Principal for a Day program through the Clark County School District. Via teleconference, Councilwoman March commented that she is in Salt Lake City at the Open Source Planning Tools workshop in preparation of the $3.5 million HUD grant the City is to receive. Robert Sulliman, 2153 Farmington Bay Court, expressed concern regarding political favors and nepotism in the City of Henderson. He said the Council should do the right thing, and voiced his objection to the appointment of Josh Reid as the City Attorney. He suggested the position be opened nationally if necessary. Randy Rieder, 451 Como Court, commented that it disturbed him to learn that the Henderson City Council Special Meeting Page 3 November 29, 2011 – Minutes eligibility standards for the City Attorney position were lowered to allow Mr. Reid to qualify for the position. He said he believes the Council should hire the most qualified candidate, which seems to be the current Interim City Attorney. Carlos Perez, 972 Painted Pony Street; and Ryan Carrell, 2060 Maple Blossom Street, suggested that a skate park should be developed in Whitney Ranch. Councilwoman Schroder commented that her decision is based on merit of the applicants, and has nothing to do with family relations. She stated that amending the job qualification application had nothing to do with Senator Reid or his son. She pointed out that she received no political pressure; however, she did receive phone calls and emails from constituents. Councilwoman March stated that she has not spoken to Senator Reid regarding this process. She noted that the Council needs to be clear on the contract, and that there is a one-year probation period for whomever is appointed. She said Christine Guerci-Nyhus has done a remarkable job as the Interim City Attorney during the past six months. She believes the best candidate will have experience as well as accomplishments in the public and private sector. Councilwoman March stated that the Council should make a decision based on merit and free of political pressure. Councilman Bateman complimented Christine Guerci-Nyhus for her hard work under difficult circumstances. He stated that he has been involved with many interviews for attorneys, and believes he has a good background for the appropriate qualifications of this position. He commented that he believes the best candidate for this position would be someone from the private sector who was a partner in a serious law firm, because those people tend to deal with significant legal work. He noted that the initial job qualifications limited the pool of applicants for this position, and he worked with Human Resources staff to amend the qualifications. Councilman Bateman stated that he believes Josh Reid is the best candidate for this position because he has ten years of experience in three serious and well known law firms, and he carries job duties in the area of commercial litigation and commercial transaction. Councilman Bateman also noted that the employment contracts have created problems in the past and he suggested the City not prepare that type of contract for this position. Councilwoman March stated that she appreciated the opportunity to interview all the candidates and she agrees that Josh Reid demonstrated experience in many critical issues facing the City. She said he has an impressive legal practice that will help the City to better understand potential economic ramifications. Councilwoman Vermillion stated that she will be abstaining from the vote because Henderson City Council Special Meeting Page 4 November 29, 2011 – Minutes she does not want to saddle her successor with her decision, as she will be resigning her Council position effective January 1, 2012. She said if she was going to vote, she would support Josh Reid because she believes Mr. Reid is the best candidate for the position. His managerial experience, ability to manage a budget, understanding of zero-based budgeting techniques, and his private sector experience will be an asset to the City. Councilwoman Vermillion noted that it is not uncommon for third-party individuals to lobby certain candidates to fill a high-profile position. She stated that she has been lobbied by numerous parties for each and every candidate numerous times during the last several weeks. Senator Reid was not the only person who contacted her by phone on behalf of the one of the candidates. She concurred with the Mayor that the speciousness of certain press members and the allegations that the City had adjusted the qualifications for Josh Reid and lowered them so he could meet those minimum qualifications have been unfair, biased, and an indirect attack on the Mayor and Council's integrity. Councilwoman Vermillion said she has had the privilege of volunteering on a board with Rory Reid for the last ten years and she has worked with Senator Reid’s granddaughter over the summer for the Nevada Partnership for Homeless Youth in an internship capacity. She stated that she has experienced a strong work ethic, integrity, honesty, and consistency with the other Reid family members she has worked with. Councilwoman Schroder commented that she interviewed both candidates for an hour and a half each regarding managerial skills, how they handle difficult and stressful situations, and relationships with their staff. Mayor Hafen said he has heard from many people and respects their opinions and appreciates their interest in this process. He stated that he takes his duty to the public and his personal integrity very seriously. He went through this entire process with an open mind to hire the best candidate for the City. He noted that he received several calls and emails regarding this position. He pointed out that according to the original posting requirements, none of our supreme court justices would qualify for the City Attorney position. Mayor Hafen said an important aspect of his choice is to find someone to be a leader and team builder and create a good professional culture in the city attorney’s office. He commented that he has the utmost respect for Christine Guerci-Nyhus and believes she is a valuable resource to the City. He stated that Josh Reid is the best candidate due to his experience and expertise regarding budgets, environmental law, alternative energy, and municipal cases and trials. Mayor Hafen disclosed that his daughter worked for Senator Reid more than six Henderson City Council Special Meeting Page 5 November 29, 2011 – Minutes years ago; however, there is no conflict so he will vote on this item. (Motion) Mayor Hafen moved to appoint Josh Reid as the City Attorney, and asked staff to negotiate salary and benefits. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, Gerri Schroder, and Kathleen Vermillion. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. V. PUBLIC COMMENT Mayor Hafen asked that an item be placed on the next agenda regarding a process outlining next steps. Councilwoman Vermillion said she feels remorseful that she is resigning mid-term and she hopes everybody will support her decision. She noted that she will submit a letter of resignation to be effective January 1, 2012. VI. ADJOURNMENT There being no further business to come before the Council, Mayor Hafen, in concurrence with the Council, adjourned the Special Meeting at 6:07 p.m. PASSED AND ADOPTED THIS 3rd DAY OF JANUARY, 2012. ___________________ Andy Hafen Mayor ATTEST: ___________________________ Sabrina Mercadante, CMC City Clerk