10/28/1991 Council Minutes - Laserfiche WebLink

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1 1 1 COUNCIL MINUTES OCTOBER 28, 1991 steering Judge Gibbs toward the list of nominees submitted by the City. Mr. Hawkins said he was since by law the list submitted by the Charter Commission Chairman did not meet State Statutes. Council Member Reinert felt that the City Attorney should not be telling the Judge what he can do. Mr. Hawkins explained that was his understanding of what the City Council wanted done. Council Member Reinert said it was his understanding that the City Council was submitting their list of names in addition to the list submitted by the Charter Commission Chairman's list. Mayor Bisel explained that it is his understanding that if the Charter Commission had met and prepared a list of nominees and submitted them to Judge Gibbs, he may have appointed members from both lists. This is the method used to control the Charter Commission. The Charter Commission was remiss in not meeting and preparing their own list. Council Member Reinert said he felt that if the City Attorney had simply listed the City Council nominees in his September 13, 1991 letter, the Judge would have appointed from both lists. Mayor Bisel said that someone would have noted that type of an error and brought it to Judge Gibbs attention. Mr. Hawkins explained that when the Council selected nine (9) names, he assumed that is what the Council wanted and he did tell Judge Gibbs the process used by the Council to select the nine (9) names. He said he assumed that if the Council wanted someone from the Charter Commission Chairman's list appointed, the Council would have selected those names from the list. Council Member Reinert referred to Mr. Hawkins August 27, 1991 letter to Judge Gibbs and said he felt it was written in such a manner as to indicate that the City Council would submit additional names and that the Judge could appoint from both lists. Council Member Reinert said it was his opinion that the letter steered Judge Gibbs to select from just the City proposed list of candidates. Mr. Hawkins said he felt he was suppose to do this on behalf of the City Council. He said he did not have any feelings on the matter, he just did exactly what the Council asked him to do. Council Member Neal said he thought that the Council was sending both lists to Judge Gibbs. He also noted that Mr. Al Ross was the only person responding to Chairman Goldade's inquiry and Mr. Ross was not appointed. Council Member Kuether said that at the time the Council prepared their recommendation for Judge Gibbs, she thought the Charter Commission Chairman's list was legal. Mr. Hawkins said Judge Gibbs has said that it is his policy to follow the recommendation of the City Council. It was not a matter of whether or not the list was legal or not. He felt that his paragraph did not influence the Judge. Council Member Reinert asked why would the City Council as a public body work in concert with the Charter Commission. It was explained that this would destroy the checks and balances concept PAGE 14 156