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10. EXECUTIVE SESSION: The City reserves the right to meet in closed session on any agenda item
<br />should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the
<br />Texas Government Code, including, but not limited to, the following:
<br />Texas Government Code, Section 551.071 (1)(a) — Consultation with Attorney; Pending or
<br />Contemplated Litigation — Everado Garza vs. City of La Porte.
<br />Texas Government Code, Section 551.074 — Personnel Matters: Deliberation concerning the
<br />appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public
<br />officer or employee: Denise Mitrano, Municipal Court Judge; Patrice Fogarty, City Secretary and
<br />Corby Alexander, City Manager.
<br />City Council recessed the regular Council meeting to convene an executive session at 6:53 p.m. to
<br />consult with Attorney regarding Pending or Contemplated Litigation — Everado Garza vs. City of
<br />La Porte; and Personnel Matters concerning the appointment, employment, evaluation,
<br />reassignment, duties, discipline, or dismissal of a public officer or employee, unless the officer or
<br />employee requests a public hearing: Denise Mitrano, Municipal Court Judge; Patrice Fogarty, City
<br />Secretary; and Corby Alexander, City Manager. See action taken under Item 11, below.
<br />11. RECONVENE into regular session and consider action, if any on item(s) discussed in executive
<br />session.
<br />Council reconvened into the regular Council meeting at 9:28 p.m.
<br />Regarding the executive session pertaining to Section 551.071 (1)(a), Consultation with Attorney;
<br />Pending or Contemplated Litigation — Everado Garza vs. City of La Porte, Council received a report
<br />from the City Manager and Assistant City Attorney, Clark Askins, and gave direction to the City
<br />Manager to contact Congressmen and Senators to get a ruling from Federal Transportation Agency
<br />released. Assistant City Attorney Clark Askins is to talk with the opposing attorney regarding
<br />dismissing without prejudice to hear the FTA's ruling and/or find a law firm that deals with
<br />transportation issues and began working on an answer to the lawsuit in case the other plans do not
<br />come to pass.
<br />Councilmember Clausen moved to give direction to the City Manager to contact Congressmen and
<br />Senators to get a ruling from Federal Transportation Agency released. Assistant City Attorney Clark
<br />Askins is to talk with the opposing attorney regarding dismissing without prejudice to hear the FTA's
<br />ruling and/or find a law firm that deals with transportation issues and began working on an answer
<br />to the lawsuit in case the other plans do not come to pass. Councilmember Leonard seconded.
<br />MOTION PASSED.
<br />Ayes: Mayor Rigby, Councilmembers Moser, Mosteit, Kaminski,
<br />Martin, Zemanek, Leonard, Engelken, and Clausen
<br />Nays: None
<br />Absent: None
<br />Regarding the executive session pertaining to Section 551.074, Personnel Matters: Deliberation
<br />concerning the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal
<br />of a public officer or employee: Denise Mitrano, Municipal Court Judge; Patrice Fogarty, City
<br />Secretary and Corby Alexander, City Manager.
<br />Councilmember Leonard moved to increase Municipal Court Judge Denise Mitrano's salary by 4
<br />percent; and provided goals and objectives to Patrice Fogarty, City Secretary, and Corby
<br />Alexander, City Manager. Councilmember Clausen seconded. MOTION PASSED.
<br />Ayes: Mayor Rigby, Councilmembers Moser, Mosteit, Kaminski,
<br />Martin, Zemanek, Engelken, Leonard and Clausen
<br />Nays: None
<br />Page 5 of 6
<br />April 14, 2014, Council Meeting Minutes
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