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City Council Minutes
October 18, 1965
Page 7
25. On motion of Councilman Gallagher, seconded by Councilman Miller, the Council
adjourned to Wednesday, October 20, 1965 at 12 :00 noon.
APPROVED: December 6, 1965
Roll Call.
City Staff
5;.'H. FITZPATRICK
CITY CLERK
MINUTES
ADJOURNED MEETING OF CITY COUNCIL
October 20, 1965 - 12:10 P.M.
CITY HALL
Present: Emmons Blake, Frank Gallagher, Arthur F. Spring,
Donald Q. Miller, Clell W. Whelchel
Present: J. H. Fitzpatrick, City Clerk; W. M. Houser, City Attorney.
R. D. Miller,-Administrative Officer.
1. The City Council discussed the matter of requiring all City employees to be
American Citizens.
Mayor Whelchel suggested that this matter should be held over for Council study
in executive session after hearing any comments by the public.
Councilman Gallagher stated that he felt this matter should be studied and a
policy for future employees be.decided.and then take,up the matter of any
existing employees who are not citizens.
Councilman Miller stated he agreed with Mayor Whelchel that this matter should
be discussed in executive session.
Councilman Blake agreed this should be studied by the Council but he felt that if
any ordinance or policy is passed requiring American Citizenship of all employees
that the rule should not be retroactive..
Councilman Spring stated he felt very strongly that the City Council should follow
the State.Law and require citizenship of all employees.
Mr. W. M. Houser, City Attorney, explained the matter of citizenship for
professional employees as follows: That the State Labor Code requires citizenship
for all public employees except for professional persons who have declared their
intention to become citizens of this Country. Neither the Labor Code nor any
cases interpreting the.statute have prescribed any definite term within which
the declarant must carry through on his declared intent and, therefore, this
matter can be established by the Council as a matter of policy. In.Mr. Chapman's
case, he so declared his intention under oath in a State Superior Court and,
therefore, established his eligibility subject to whatever policy the Council
wished to establish.
Mayor Whelchel then explained to the public the situation regarding Mr. Peter
Chapman, Planning Director, who was hired by the City as a professional employee
although he was not a citizen. Mayor Whelchel explained that the State Law allows
the employment of non - citizens to professional positions if an intention is shown
to acquire U. S. Citizenship. The Mayor continued that the purpose of this meeting
was.toiestablish some.policy for.future.situations of this type..
City Council Minutes
October 20, 1965
Page 2
Mrs. Hilda Roza appeared before the Council stating that while her parents were
naturalized citizens-and that she had obtained citizenship through their citizenship,
any time she applied for a position with the state or any other governmental agency,
she was always required to prove her citizenship and she felt that anyone working
for the public should be a citizen.
Councilman Spring then stated.that he sincerely felt that if Mr. Chapman, while
being hired under the provisions of the State Law allowing him employment,
had stated an intention to become a citizen, he felt that Mr. Chapman had not '
pursued this matter and that he had no intention of becoming a citizen and
should therefore be dismissed.
Councilman Blake stated he felt that Councilman Spring was jumping to a
conclusion on the intent of Mr. Chapman's citizenship plans.
Councilman Gallagher stated he felt that no one should be the head of a City
department recommending laws and enforcing regulations on its citizens when
he is not even a citizen himself.
Mr. Miller, Administrative Officer, stated that he had discussed this matter
with Mr. Chapman and that Mr. Chapman thought it would be fair if the Council
should make a requirement that he become a citizen within one year.
Councilman Miller stated that he felt that a person's citizenship was his own
business and that Mr. Chapman had done a good job for the City. However, if
Mr. Chapman had agreed as a condition of employment to become a citizen, he felt
that Mr. Chapman should follow it through to completion.
Councilman Blake agreed that a reasonable time should be allowed Mr. Chapman to
become a citizen and he felt that possibly two years should be allowed for this
before asking for his resignation.
Councilman Spring stated that he was very proud of his citizenship and his
residence in this country, and he did not feel that anyone should be forced
to become a citizen in order to hold a job, and further if a person did not
think enough of this country to become a citizen, then he should not work
for the Government.
Councilman Gallagher agreed that no one should be forced to become a citizen as
this was an honor and that it should not be made a condition of employment but
should be done in accordance with the intentions of a person being hired under
the provisions of the State Law.
Mr. Houser, City Attorney, then explained briefly the steps a person must take
in order to become a citizen, the test that must be taken and the time involved.
Mayor Whelchel stated that the Council should keep in mind that the City hired
Mr. Chapman knowing he was not a citizen but the Council should also remember that
when he was hired he stated that he was going to become a citizen within a
reasonable time. He-felt that Mr. Chapman should show some intent of following
through on his employment agreement.
Mayor Whelchel suggested that this matter be held over for one year and if
Mr. Chapman does not become a citizen at that time, he should resign.
Councilman Gallagher stated he was not picking on Mr. Peter Chapman but he felt
that the Council policy should not allow the hiring of non - citizens from this
time-on. 1
Councilman Spring stated he felt Mr. Chapman has not diligently attempted to
follow through on his agreement of employment when he was eligible to do so,
so he feels that Mr. Chapman is ineligible for City employment.
Mr. Houser, City Attorney, again explained his interpretation of the State Law
on the matter of hiring non - citizens in professional capacity.
On motion of Mayor Whelchel, seconded by Councilman Blake, that the matter of
Peter Chapman's employment be held over for one year and that the Council adopt
a policy that anyone else in this category, if hired, should become a citizen
within one year. Motion carried on the following roll call vote:
City Council Minutes
October 20, 1965
Page 3
AYES: Emmons Blake, Donald Q. -Miller, Clell W. Whelchel
NOES: Frank Gallagher, Arthur F. Spring
ABSENT: None
2. At this time, the City.Council discussed the adoption of a policy on City
department heads and employees doing outside teaching.
Communication was received from the City Employees' Association urging that the
City Council not adopt too restrictive a policy on teaching being done by department
heads as there was a limited field of instructors in specialized municipal functions.
They also felt that department heads should be encouraged to teach in order that
basic municipal needs be presented in the local high schools and junior college.
The City Council then discussed the general area of city department heads and
employee teaching at local schools during City business hours. It was felt that
the employees were needed on the job during normal business hours to do the job
for the City and its citizens.
On motion of Councilman Miller, seconded by Councilman Gallagher, that the City
Council adopt a general policy to allow employees to teach on off duty hours only
and any exceptions be approved by the Administrative Officer and the City Council.
3. At this time the City Council discussed the establishment of a policy of
allowing a City Council Member to sit in on formal employee interviews.
Mr. Miller, Administrative Officer, explained to the City Council the present
procedures followed in. employing personnel through formal examination and interview
procedures. .He had no.objection whatsoever to having members of the Council sit in
on employee interviews.
The City Council discussed with the Administrative Officer, several of the points
' brought up by him in his presentation.
On motion of Councilman Miller, seconded by Councilman Gallagher, that a member of
the City. Council be invited to act as an observer during formal interview procedures
for City employees. Motion carried.
4. At this time the .City Council discussed the report of the Administrative Officer
comparing costs for the Planning and Building Department over the past six years.
Mr. Miller reported that between 1959 -60 and 1965 -66 the operating costs of the
Planning and Building Department had an overall increase of 81% with the Building
Inspection Function increasing 49% and the Planning Function 161%.
Mr. Miller stated that several factors influenced this increase other than additions
to staff. For one thing, City salaries increasing over the six year period amounted
to approximately 29 %.
The City Council discussed the increased costs in the Building and Planning
Departments particularly in view of the decreased activity in buildings in the City.
Mr. Miller, Administrative Officer, was asked to have the Planning Department initiate
a program of cost accounting for each project being done by the Planning Department
so that some idea of the cost of each project could be studied as a separate item to
see if it was cheaper to do it with the City Staff or to hire outside consultants.
5. Mrs. Ida Fladeland, 741 High Street, appeared before the City Council protesting
the continued existence of a blacksmith shop adjacent to her house on the corner
of Ward and High Street. She stated that this operation was noisey, dirty and
smelly and was very annoying to her and her husband. She continued that due to the
dirt and noise, she was unable to open the windows in her home and she felt that
she was being deprived of her rights for a decent living.
It was explained to Mrs. Fladeland that unfortunately the blacksmith shop was in
existence many years before the Council adopted a zoning ordinance making the
blacksmith shop an allowable non - conforming use, and as long as the use continued
these people could not be prohibited from using their_ property._