WEIRTON CITY COUNCIL

COUNCIL MEETING

JULY 3, 2003

A meeting of the Common Council of the City of Weirton, Hancock and Brooke Counties was held on July 3, 2003 at 10:00 A.M. in Council Chambers of the Municipal Building.

Councilmembers in attendance: Steve Dorich, Harold Miller, Dale Moore, Henry DeMasis, George Kondik, Dave Dalrymple and Frank Veltri.

City Officials in Attendance: Valerie Means, A. D. Mastrantoni, Rod Rosnick, Chief Cole and Millicent Zack

Mayor Miller led the Pledge of Allegiance.

NEW BUSINESS

Mayor Miller stated that the nominations for City Officials are on the agenda. The first nomination is for the City Attorney and Mayor Miller nominated John Yeager, Jr. Motion made by Councilmember Kondik and second by Councilmember Veltri. Roll Call Vote:

Councilmember Kondik Yes

Councilmember DeMasis Yes

Councilmember Miller Yes

Councilmember Moore Yes

Councilmember Dorich Yes

Councilmember Dalrymple Yes

Councilmember Veltri Yes

Records reflect a 7-0 vote in favor of John Yeager, Jr. as City Attorney.

Mayor Miller stated that the nomination for City Judge. Mayor Miller nominated Pam Smoljanovich for City Judge. Motion made by Councilmember Kondik, second by Councilmember DeMasis. Roll Call Vote.

Councilmember DeMasis Yes

Councilmember Miller Yes

Councilmember Moore Yes

Councilmember Dorich Yes

Councilmember Dalrymple Yes

Councilmember Veltri Yes

Councilmember Kondik Yes

Record reflect a 7-0 vote in favor of Pam Smoljanovich to be City Judge, first women Judge in the City of Weirton.

Mayor Miller stated that the next nomination would be for Police Chief. Mayor Miller nominated Tom Cooper. Motion made by Councilmember DeMasis, second by Councilmember Dorich. Roll Call Vote.

Councilmember Miller Yes

Councilmember Moore Yes

Councilmember Dorich Yes

Councilmember Dalrymple Yes

Councilmember Veltri Yes

Councilmember Kondik Yes

Councilmember DeMasis Yes

Record reflects a 7-0 vote in favor of Tom Cooper for Weirton Police Chief.

Mayor Miller stated that the next nomination would be for City Clerk. Mayor Miller nominated Tom Maher, Jr. Motion made by Councilmember Moore, second by Councilmember Dorich. Roll Call Vote.

Councilmember Miller Yes

Councilmember Moore Yes

Councilmember Dorich Yes

Councilmember Dalrymple Yes

Councilmember Veltri Yes

Councilmember Kondik Yes

Councilmember DeMasis Yes

Record reflects a 7-0 vote in favor of Tom Maher, Jr. for Weirton City Clerk.

Mayor Miller stated that the next nomination is for the City Engineer. Mayor Miller nominated Frank Dorsch. Motion made by Councilmember Kondik, second by Councilmember Veltri, so passed.

Mayor Miller stated that the next nomination is for Deputy Court Clerks. Mayor Miller nominated Dan Felton and Diana Barr. Motion made by Councilmember Dorich and second by Councilmember Veltri. Roll Call Vote for Diana Barr

Councilmember Dorich Yes

Councilmember Dalrymple Yes

Councilmember Veltri Yes

Councilmember Kondik Yes

Councilmember DeMasis Yes

Councilmember Miller Yes

Councilmember Moore Yes

Nomination of Dan Felton

Councilmember Dalrymple Yes

Councilmember Veltri Yes

Councilmember Kondik Yes

Councilmember DeMasis Yes

Councilmember Miller Yes

Councilmember Moore Yes

Councilmember Dorich Yes

Record reflects both nominees passed 7-0.

Mayor Miller stated at the request of council I would like to swear in all the appointees at this time. Attorney Yeager, Jr. was sworn in at this time as City Attorney, followed by Pam Smoljanovich, Tom Cooper, Tom Maher, Jr., Diana Barr and Dan Felton.

Councilmember Kondik made the motion to go into executive session, motion second by Councilmember Dalrymple, so passed.

Meeting reconvened.

Mayor Miller stated he would like to submit the name of Gary DuFour as City Manager.

Councilmember Dorich made the motion to approve Gary DuFour, second by Councilmember DeMasis. Roll Call Vote. Councilmember Kondik stated he had a question to the motion, Mayor Miller stated that Councilmember Kondik was out of order because a roll call vote was already requested. Councilmember Kondik stated there was a motion on the floor and he was allowed to speak. Mayor Miller stated that we are not following Robert's Rules. Councilmember Kondik asked Attorney Yeager if he had a legal opinion on this matter. Attorney Yeager stated that council decides what rules to use and does not know what has been used in the past, but Robert's Rules are not set out in the charter. Mayor Miller stated it is his understanding that council appoints the following procedure starting of a new council, this ended June 30 and has not been brought up and voted upon to this council. Attorney Yeager stated that he really feels that Councilmembers are allowed to speak. Councilmember Kondik thanked Attorney Yeager and stated his objection to this is that we are faced with a lot of tough times coming in and although the candidate may have the qualifications, Councilmember Kondik feels there are other people and other candidates who may have the same qualifications and we need to look at them before making a final decision. Councilmember Kondik stated he has a problem with us paying the new city manager the step II level without the less 10%, which is in the Ordinance No. 1313, which the city has established. Councilmember Kondik stated he is voting against this nomination because it is not in the best interest of the city of Weirton. Looking at a $54,000.00 figure when you have candidates who are willing to work for less and may have better qualifications. Councilmember DeMasis stated the man is qualified why not pay him what he is qualified for. We have to get this administration off the ground and get it going, why hesitate, do believe it is justified. Councilmember Kondik stated he would like to read Ordinance No. 1313, which states employees who are newly hired, transferred or demoted or promoted will be subject to a 10% reduction in pay, it is on the books. Attorney Yeager stated that he is actually an officer, not an employee. Councilmember Kondik stated he would debate that with him. Attorney Yeager stated there is a case and it states there are some things that officers enjoy that employees don't and that is they exercise part of the city's powers, for example the City Judge who takes the city's power and may put people in jail, and they take their freedom away. The City Manager makes contracts for the city, when you hire a City Manager you give them a certain amount of power that the city has. The chief distinguishing mark of an officer vs. employee is that they enjoy part of that power. Other marks, which are important is his job set out in the city charter, which it is, is the job description set out in the city charter, which it is. I am confident to say he is an officer and the ordinance, which you talk about, is not covered, it covers employees. Councilmember Kondik stated that he respects Mr. Yeager's comments, but his opinion is that he is looking at a 10% reduction which is council's discretion on what they are willing to pay a city manager and as a member of council I cannot justify paying at level II.

Councilmember Moore stated he would like to make a comment as well. The ordinance it may legally not apply, it was the intent of the ordinance and we are talking about semantics. We are clearly in the largest financial crisis the City of Weirton has ever seen. I am certain we will ask other public employees to either take no raises, or take less, or transfer more of their charges to them as time goes on, I can't set the example for those employees here by paying this man the rate that has been proposed.

Mayor Miller asked if everyone has made their comments, continue with roll call vote.

Councilmember Veltri No

Councilmember Kondik No

Councilmember DeMasis Yes

Councilmember Miller No

Councilmember Moore No

Councilmember Dorich Yes

Councilmember Dalrymple Yes

Records reflect a 4-3 vote, which denied the appointment of Gary DuFour.

Mayor Miller stated at this point and time he would like to move along and I may have to appoint myself as interim city manager until we find a person to fill this vacancy.

Councilmember Kondik would like to make an amendment to discuss the interim city manager's appointment. Attorney Yeager stated he does feel that the City Manager's job is under discussion and may continue. Councilmember Kondik asked what does the State Charter say as far as appointing the Mayor or Councilmember as Interim. Attorney Yeager stated that it he does not think it says anything. Councilmember Kondik asked does the city charter say anything about this. Mayor Miller stated he had a copy of the State Charter and it states the underline portion does not apply since a City Manager has not been appointed and approved by council, and the welfare of the community requires the appointment of other city officers, which we have done. The greater importance in Article 4 Section 1 provide that he (the mayor) shall immediately upon assuming office at the first meeting of council, or soon thereafter shall appoint all officers with the consent of council. Note: There is no mention of a city manager recommendation at that time, or even of greater importance WV Code 8-10-1 states it shall be the Mayor's duties especially to see that peace and good order of the municipality are observed and he (the Mayor) from time to time shall recommend measures that maybe needful for the welfare of the municipalities. Councilmember Kondik asked to have this explained in laymen's terms. Attorney Yeager stated that is sounds like the mayor has broad range of powers to do what he has to do to run the city and is sounds like, unless there is a comment under that, that there has been a case decided on this then the question is over. There is no clear power there to do it and no clear prohibition to say that he cannot do this.

Mayor Miller stated the nomination has been made and the nomination has been turned down and at this point and time, the Mayor appoints himself as Interim City Manager to carry on the functions of the City of Weirton and we will continue the search for a City Manager. Councilmember Kondik asked if it would be in the best interest to try in-house for a City Manager. I know you have a lot on your table. Mayor Miller stated the search will take place in-house and we will start immediately. Councilmember Kondik asked if the Mayor need a motion on this. Councilmember Kondik stated he would like to make the motion that then Councilmember Veltri made the motion that the Mayor appoint himself as Interim City Manager second by Councilmember Dalrymple. Councilmember Kondik asked to make a comment, which he then asked council to support this with the understanding that legally you are telling us this is ok to do. Attorney Yeager stated he finds nothing to prohibit this. I think that the Mayor's powers require him to do something to take care of the cities business until this can be worked out. Councilmember Kondik asked if he could add the amendment to do this for 30 days to the best of your ability you will be looking for an interim or entertain applications for another city manager. Mayor Miller stated within 30 days the Mayor will submit another name to city council and if city council turns down the name again then the Mayor will pursue again. Is there a vote on the motion.

Councilmember Kondik Yes

Councilmember DeMasis Yes

Councilmember Miller No

Councilmember Moore Yes

Councilmember Dorich No

Councilmember Veltri Yes

Records reflect 5-2 vote. 5 in favor of the Mayor as interim city manager.

ADJOURNMENT

With no further business before this July 3, 2003 regular session of the Weirton City Council the meeting was adjourned after the closing prayer.