City Council Meeting - Special Session

# CITY COUNCIL ACTION MINUTES

August 9, 2016 SPECIAL SESSION A Special Session of the Auburn City Council was held in the Council Chambers, City Hall, 1225 Lincoln Way, Auburn, California on Monday, August 9, 2016 at 6:20 p.m. with Mayor William Kirby presiding and Asst. City Clerk Amy Lind recording the minutes.

CALL TO ORDER

## ROLL CALL:

Council Members Present: Keith Nesbitt, Daniel Berlant, Bridget Powers, Matt Spokely, William W. Kirby

Council Members Absent: none

Staff Members Present: City Manager Tim Rundel, Public Safety Director John Ruffcorn, and Asst. City Attorney Michael Cobden. Liebert & Cassidy Attorney Kristin Lindgren and Mastagni Holstedt Attorney William Creeger.

## PLEDGE OF ALLEGIANCE

Mayor Kirby reviewed the rules and procedures of this meeting.

## PUBLIC HEARING:

## 1\. Public Hearing to Consider Hearing Officer Decision and

Recommendation Regarding Discipline of Corey Zander

The City Council considered the written decision and recommendations of a neutral third-party hearing officer in the matter of proposed termination of an employee of the Auburn Department of Public Safety: Division Chief Corey Zander. The Council received statements from legal counsel and public comment, and deliberated in closed session. (Gov. Code 54957)

William Creeger, Union Attorney with Mastagni Holstedt spoke on Mr. Zander’s behalf. Michael Cobden, Asst. City Attorney spoke on the City’s behalf.

Council member questions to both attorneys followed.

\*\*\*Council recessed for 10 minutes, returning at 7:50 p.m. \*\*\*

* * *

Council member questions to both attorneys continued.

Public Comment: Ingrid D'Ambrogi, Community Member; Mike Holmes, resident of Auburn; Kurt Taylor, Retired Firefighter; Ian Gow, Chief Placer Hills Fire District, Jan Radford-Harris, Community Member and Business Owner; Amy Albert, resident of Auburn, Jim Holmes, Placer County Resident and Placer County Fire Service; Ray Green, resident of Auburn; John Carr, Former Fire Chief of Newcastle; Gary Moffat, Business Owner and Community Member; Bart Ruud, Resident of Auburn; Harry Hickmen, Retired Teacher and Resident of Auburn; Ron Long, Community Member; Craig McCardle, Division Chief, Auburn Fire Department; Victoria Connelly, resident of Auburn; Richard Reed; Stan Hamelin, Auburn Police Department; David Lawicka, Retired Auburn Police Sergeant; Tom Carlise; Division Chief, Auburn Fire Department; Herbert Yue, Retired Fire Captain Auburn Fire Department; and Heidi Rietjens, resident of Auburn.

_**Council recessed for 5 minutes; returning at 9:55 p.m.**_

Ms. Lindgren clarified needed action by the city specifically on item 5, page 7-18 of Hearing Officer Report.

By MOTION, adopt the findings and facts on item 5 (pg. 7-18). The motion was made by Council Member Powers and seconded by Council Member Berlant and approved by the following roll call vote:

Ayes: Nesbitt, Berlant, Powers, Spokely, Kirby Noes: Absent:

By MOTION adjourn to a Closed Session at 10:04 p.m. under Government Code Section 54957.6:

MOTION: Berlant/Spokely/Unanimously approved

1. Public Employee Discipline / Dismissal / Release (Gov. Code § 54957)

## REPORT OUT OF CLOSED SESSION

Mayor Kirby reported that in an effort to resolve the dispute amicably, the Council and Mr. Zander reached a mutual agreement, Mr. Zander will resign and receive payment representing a cash out of his leave balances.

ADJOURNMENT Mayor Kirby adjourned this meeting, without objection, at 2:31 a.m.

William W. Kirby, M.D., Mayor

Amy M. Lind, Asst. City Clerk

AUBURN CITY COUNCIL

City Council Meeting - Special Session

1225 Lincoln Way, Auburn, CA 95603

August 9, 2016

It is the intention of the City of Auburn to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Individuals who need auxiliary aids or services for effective communication or to participate in programs and services of the City of Auburn are invited to make their needs and preferences known by contacting the City Clerk, (530) 823-4211 Ext. 112, at least 72 hours prior to the meeting. This notice is available in accessible alternate formats from the ADA Coordinator.

August 9, 2016 Special Session Agenda

Agenda Only

Agenda with All Attachments

1.

Public Hearing to Consider Hearing Officer Decision and Recommendation

The City Council will consider the written decision and recommendations of a neutral third-party hearing officer in the matter of proposed termination of an employee of the Auburn Department of Public Safety: Division Chief Corey Zander. A copy of the Hearing Officer's decision is attached to this agenda. The Council will receive statements from legal counsel and public comment, and will deliberate in closed session. (Gov. Code 54957)

PDF Copy

Public Comment:

Adjourn to Closed Session

Report out of Closed Session

Adjournment

Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk's Office, 1225 Lincoln Way, Room 8, Auburn, CA 95603 during normal business hours.