Minutes - 2012/09/24 - Laserfiche WebLink

Home Browse Search

Barb Stasz, 8357 Eastwood Road, commented she was surprised by the recent newspaper article. She found it sad that a Planning Commissioner would act in this manner. She questioned his overall character or lack thereof. Ms. Stasz stated Ms. Smith was simply standing up for herself and the harassment that was she was being subjected to. Mayor Flaherty asked the Council for comments or questions. Council Member Mueller asked if the Rundle’s cats had collars. Ms. Rundle noted that one cat had a collar. Council Member Mueller encouraged the Rundles to place collars on each of their cats. She then inquired if the cat in Ms. Smith’s shed had a collar. Ms. Smith commented the cat in her shed did not have a collar. She clarified also that it was not just one or two cans that were thrown in her yard. The police department has nine in evidence at this time. Mayor Flaherty questioned what color the cat was that Ms. Smith found in her shed. Ms. Smith stated the cat was gray. Ms. Rundle indicated her nine year old cat was grey and white. Mayor Flaherty requested further information on how Ms. Smith captured the video images of Mr. Rundle. Ms. Smith explained the process she used with her video camera noting she videotaped his van leaving his driveway, littering and pulling away on two occasions. However, the event took place on more than two occasions, which led her to begin collecting the cans. Ms. Smith indicated at the time of these events, she was recovering from major back surgery and was receiving help from friends. Mayor Flaherty stated the cans were not being disputed by Mr. Rundle. He indicated Ms. Smith had suspected the cans were coming from Mr. Rundle. Ms. Smith stated this was the case. She commented the seriousness of this behavior was not just littering, it was harassment. Mayor Flaherty indicated the Council can only deal with the facts at this time, as it has become a “he said, she said” case. He requested the City Administrator review City Code on how a Commission member can be removed from their seat. City Administrator Ericson reviewed City Code Section 401.03, stating just cause was necessary along with a 4/5ths vote from the Council. Mayor Flaherty requested further information from staff on “just cause.” City Attorney Riggs explained “just cause” to be the cause which specifically relates to and effects the administration of the office the member holds and must be restricted to something of a substantial nature directly affecting the rights and interests of the public. The cause must be one touching the qualifications of the official, the official’s performance of the officials duties, showing the official is not a fit or proper person to hold office. He stated this was a high standard, and not just the whim of the Council. Mayor Flaherty questioned if the Council would like to move forward with a formal hearing for this matter. Council Member Mueller stated she has been known to make mistakes, even willful mistakes.