Meeting of 1999-12-22 Special Meeting

The meeting was called to order at 8:30 a.m. by Mayor Powell. Notice of meeting and agenda were posted on the City Hall notice board as required by State Law.

1. Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the case styled C. Steve Wilson v. Drew McDaniels, Case No. CJ-99-1256, filed in the District Court of Comanche County, and if necessary, take appropriate action in open session. Exhibits: None.

2. Pursuant to Section 307B4, Title 25, Oklahoma Statutes, consider convening in executive session to discuss the case styled C. Steve Wilson v. The City of Lawton, a municipal corporation, and Gilbert Schumpert, Case No. CJ-99-603, filed in the District Court of Comanche County, and if necessary, take appropriate action in open session. Exhibits: None.

3. Pursuant to Title 25, Oklahoma Statutes, Section 307B4, consider convening in executive session for purposes of conferring with the City Attorney regarding a pending claim or action resulting from the reconsideration of the award of the arbitrator in FMCS Case No. 99-0628-13269-8 between the IAFF, Local 1882, and the City of Lawton and other related matters; take appropriate action as necessary in open session. Exhibits: None.

MOVED by Smith, SECOND by Warren, to convene in executive session to consider Items 1, 2 and 3 on the agenda as recommended by the legal staff. AYE: Warren, Smith, Williams, Devine, Purcell, Beller, Haywood. NAY: None. MOTION CARRIED.

The Mayor and Council convened in executive session at approximately 8:31 a.m. and reconvened in special, open session at approximately 9:20 a.m. with roll call reflecting all members present except Shanklin.

The City Attorney reported on Items 1 and 2 together since they are interrelated; C. Steve Wilson v. Drew McDaniels, Case No. CJ-99-1256 and C. Steve Wilson v. The City of Lawton, a municipal corporation, and Gilbert Schumpert, Case No. CJ-99-603. Vincent said based on the information he had received at this time, he believed there was a potential conflict of interest in the City Attorney's Office representing Drew McDaniels and Mr. Schumpert. Vincent recommended the employment of outside counsel, Reggie Whitten, in the amount of $100 per hour, and recommended the Council authorize the Mayor and City Clerk to sign the contract.

MOVED by Smith, SECOND by Purcell, to approve the City Attorney's recommendation. AYE: Williams, Devine, Purcell, Haywood, Warren, Smith. NAY: Beller. MOTION CARRIED.

Vincent reported on Item 3, there was discussion of the case FMCS Case No. 99-0628-13269-8 which involves the International Association of Firefighters. No action is required.

4. Consider acknowledging receipt of a recall petition and accompanying certificate for Ward 2 Councilman Richard Williams. Exhibits: Certificate. (Petition on file in City Clerk's Office)