CITY OF SHAWNEE SPECIAL CALL CITY COUNCIL MEETING MINUTES May 5, :30 P.M. Michelle Distler - Mayor. City Clerk Powell. Finance Director Rogers

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1 Journal 74, Volume , Page 1 SHAWNEE CITY COUNCIL SPECIAL CALL M NUTES May 5, 2015 CITY OF SHAWNEE SPECIAL CALL CITY COUNCIL MEETING MINUTES May 5, :30 P.M. Michelle Distler - Mayor Councilmembers Present Staff Present Councilmember Neighbor City Manager Gonzales Councilmember Pflumm Deputy City Manager Charlesworth Councilmember Jenkins Assistant City Manager Killen Councilmember Kemmling City Clerk Powell Councilmember Vaught Finance Director Rogers Councilmember Meyer Information Technology Director Bunting Councilmember Sandifer City Attorney Rainey Planning Director Chafee Police Chief Larimore Deputy Police Chief Moser Police Major Orbin Transportation Manager Sherfy Parks and Recreation Director Holman Assistant to the Public Works Director Gard Communications Manager Ferguson Senior Accountant Oldham A. ROLL CALL (Special Call City Council Meeting Called to Order at 6:30 p.m.) Good evening and welcome to tonight s Special Call meeting of the Shawnee City Council. I would ask that you please silence your electronic devices at this time. l am Mayor Michelle Distler and I will be chairing this meeting. i willdo a roll call vote at this time. Councilmember Neighbor? COUNCILMEMBER NEIGHBOR: Present. Councilmember Pflumm? COUNCILMEMBER PFLUMM: Present. Councilmember Jenkins? Present. Councilmember Kemmling? COUNCILMEMBER KEMMLING: Present. Councilmember Vaught? COUNCILMEMBER VAUGHT: Present.

2 Journal 74, Volume , Page 2 SHAWNEE CITY COUNCIL SPECIAL CALL MINUTES May 5, 2015 Councilmember Meyer? COUNCILMEMBER MEYER: Present. Councilmember Sandifer? COUNCILMEMBER SANDIFER: Present. Thank you. Before we begin our agenda l d like to explain our procedures for public input. During the meeting I willoffer the opportunity for public input. If you would like to speak to the Council at any of those times, please come forward to the microphone. I will ask you to state your name and address for the record, then you may offer your comments. So that members of the audience can hear your comments, I would ask that you speak directly into the microphone. By policy, comments are limited to five minutes and no person may speak more than twice to any one agenda item. After you are finished, please sign the form to the right of the podium to ensure we have an accurate record of your name and address. Because tonight s meeting is a Special Call, the Council will only be able to discuss the item on the agenda. During the meeting I willaccept motions after I ask for public comments. I would also like to remind Council to please turn on your microphone when you would like to speak so we can get a clear and accurate record for the minutes. B. DISCUSS AND CLARIFY THE APPOINTMENT PROCESS FOR THE WARD IV COUNCIL VACANCY. There is only one item on our agenda tonight, which is to Discuss and Clarify the Appointment Process for the Ward IV Council Vacancy. I have called this special meeting to clarify the process to select a Ward IV Councilmember. At the April 27 City Council meeting the issue of filling the Ward IV vacancy was brought up during Council Items. The City Council had already set a timeline and procedure for filling the vacancy and I am concerned that we have confused the public with that discussion. Tonight, I would like to clarify the intent of the Council in filling this Ward IV seat. In the past, I have been a proponent of the City holding special elections to fill vacant seats on the Council. However, based on the fact that the City has already advertised an appointment process for this seat, I feel it is important to keep our word and move forward with that process in order to maintain the trust of our citizens. It is also important that Ward IVget full representation as quickly as possible given the fact that we are about to begin the budget process. The issue of how to deal with vacancies has long been debated, and in February, our City Council agreed unanimously that we would resume this discussion in July. At the Council meeting of April 13,City Manager Gonzales stated that staff would be posting the appointment for the Ward IV vacancy on the next day and that May 11 would be the Special Call for the appointment process. Because of all these things, I strongly believe it would be disingenuous of the Council to suddenly change direction now that the process is underway. Is there any discussion from the Council? Seeing none, is there anyone in the audience who would like to speak to this item?

3 staff exactly Journal 74, Volume , Page 3 SHAWNEE CITYCOUNCILSPECIAL CALL MINUTES May 5, 2015 MR. VOGT: Good evening. Good evening. MR. VOGT: My name is Charlie Vogt. I live at (Address Omitted) in Ward IV. i come here tonight to speak in favor of speedy selection and succession plan for our Ward IV Council representative vacancy using the prescribed City policy now in place, or a special election if that is your wish. A representative democracy is a system of government in which all eligible citizens vote on representatives to pass laws for them. A perfect example is the US. where we elect a president and members of Congress. We also elect state and local officials this way. All of these elected officials supposedly listen to the populous and do what s best for the nation, state or local jurisdiction as a whole. The City of Shawnee Council City Manager government allows for two elected - representatives from each ward. As a registered voter in Ward IV, I expect both of my representatives to represent me in policy decisions that affect laws, taxes, services, personnel, economic development initiatives, capital improvements and the like. Without full representation, I, and many of us who live in Ward IV, would feel slighted and left out. Consequently, I implore you, as the Governing Body of the City of Shawnee, to fill our Ward IV vacancy from the candidates so identified through your current succession policy as expeditiously and openly as possible. Should you want to delegate your appointment powers to the people, an election, I support calling for a special election as soon as possible. Neither the founders of our Congress or state or our city government ever planned for a long-term vacancy for an elected position in a properly functioning representative democracy. Lets not let them all down in Shawnee, Kansas. Thank you very much. Thank you. Is there anyone else from the audience that would like to comment on this item? Okay. Is there any further discussion from the Council? Mr. Pflumm? COUNCILMEMBER PFLUMM: I was kind of under the impression that we were going - was going to go on through the remaining what was intended to happen for the remaining part of the process. Can you give us, you know, I know the way it s been done in the past and stuff like that, but everybody may or may not know that exact procedure. And I do have some questions and some possible, you know, remedies. But do you want to explain it, or do you want to have Carol explain it? Go ahead. CITY MANAGER GONZALES: I believe, l m looking for the page for the web page that was posted on April 14,in the packet -- on page 36, it explains the selection process. COUNCILMEMBER PFLUMM: So, any individual needs to get four votes to become, you know, the Ward IV City Council person. And in the past it s been done by, you know, one of the Council people nominates that person, or any one of the candidates that has put their name in. Ijust think that moving forward, you know, in that part of the process we could possibly change it by all of the Council members, current Council members write down their nomination and the City Clerk would take those and tabulate them while we sit here. And then we could vote on the individual that got the most, you know, the most votes to start with. And if they didn t get four, we d just move down the list. And if we went through every single candidate and they didn t get a nomination or they didn t get four votes, then I think it goes to a special city election.

4 so Journal 74, Volume , Page 4 SHAWNEE CITY COUNClL SPECIAL CALL MlNUTES May 5, 2015 MR. RAINEY: l m sorry. I want to make sure that the terminology we re all using is the same. The Charter Ordinance says majority of the remaining Councilmembers present and voting, so it may not be four. COUNCILMEMBER PFLUMM: Okay. MR. RAINEY: With that clarification, it -- COUNCILMEMBER PFLUMM: I understand that. MR. RAlNEY: Okay. COUNCILMEMBER PFLUMM: Thank you. Mr. Vaught? COUNCILMEMBER VAUGHT: My only concern on that would be transparency. That s something that we all preach, and l m not sure that our constituents would want us making a private vote on something. l think people in Ward lll are going to want to know how l vote. So, l mean if we start doing that, then we could theoretically say that, well, l djust assume private vote on this, or on that, or on the budget, or on whatever, so nobody really knows how you re voting. I mean, we re elected to vote. COUNCILMEMBER PFLUMM: Okay. COUNCILMEMBERVAUGHT: But I don t think we're elected to make private votes. It might be uncomfortable at times, but I mean, you know, we make uncomfortable votes all the time. That s why we re up here. So, l just think we re doing a disservice to the public to not be transparent about how we re voting and who we re voting for. Councilmember Meyer? COUNCILMEMBER MEYER: l think if l m understanding you correctly that our votes would still be public. I mean, whether we re voting for a candidate or not, it would just be a matter of sort of removing the right now it s sort of whoever the Mayor calls on first. So, if you have three people who all raise their hand for the first nomination, then it s sort of up to Michelle s discretion. So, this just kind of removes that piece of it if l m understanding it correctly. COUNCILMEMBER PFLUMM: That s exactly what I meant. l mean -- COUNCILMEMBERVAUGHT: so? So, we re still going to read so and so voted for so and COUNCILMEMBER PFLUMM: Absolutely. COUNCILMEMBER VAUGHT: But we re going to do it without a motion? MAYOR DISTLER: No. There would be maybe if l m understanding correctly, so let me know if l m wrong. So, if Pete, since that s not a candidate, so we ll choose the name Pete.

5 heard because, Journal 74, Volume , Page 5 SHAWNEE CITY COUNCIL SPECIAL CALL MINUTES May 5, 2015 COUNCILMEMBERVAUGHT: Yeah. [inaudible] MAYOR DISTLER: So if Stephen people in the -- each person here gets to nominate one of the COUNCILMEMBERPFLUMM: Bucket. -- bucket. And Stephen pulls them out and there s three nominations for Pete, so he gets the first motion, then we vote. I mean, we -- you vote on whoever. And ifthere is -- what would you do ifthere s two people that have the same amount? COUNCILMEMBER PFLUMM: Well, there could be three people with the same amount, you know, actually. So, I mean, I think you just go in alphabetical order or - something like that, but you know, if there s two, I mean, its one thing, but if there s three, you know, how do you do it then? CITY MANAGER GONZALES: current process, correct? And I just want to clarify. We re talking about this COUNCILMEMBERPFLUMM: Yeah. Because that s really not -- CITY MANAGER GONZALES: We re not in the future. about is the Current process. Because tonight all we can talk COUNCILMEMBERPFLUMM: And that s what m talking about. CITY MANAGER GONZALES: Okay. Ijust wanted to clarify we weren t talking about a future process. We re talking about changing the process for this one. COUNCILMEMBER PFLUMM: Well, I mean, looking to see how far we re changing it if werechanging anything at all because -- I do have a question when he s done with that. Mr. Jenkins. I was going to let him finish what he was going to say. COUNCILMEMBERPFLUMM: Go ahead. Go ahead. My question would be, we ve got a number of people running, or put their names in the hat for the City Council position in Ward IV. l m not Certain how the process is going to work. Do we say we vote on the very first one, that name that comes up if that person receives a majority vote from this Council? Are they automatically it? We just forget everybody else and they go home? Uh-huh. COUNCILMEMBERJENKINS: Interesting process. I mean, if everybody had heard - the other Number 4 or heard Number 5 or maybe even heard Number 6 --

6 on I Journal 74, Volume , Page 6 SHAWNEE CITY COUNCIL SPECIAL CALL MINUTES May 5, 2015 COUNCILMEMBER SANDIFER: We hear them [inaudible]. COUNCILMEMBER MEYER: We go through. So each person, sorry, yeah. Each person gives their presentation and then after that we have Council discussion and we vote then. Okay. COUNCILMEMBER VAUGHT: And We ask them questions and -- Mr. Vaught? COUNCILMEMBER VAUGHT: Yeah. I think the premise is that somehow whoever gets the first motion is somehow a shoo in,and I think we have to look at our Council President process. I mean, it was a back and forth. People nominate somebody. You either get the votes or you don t. And, you know, the same thing can happen. You can make a motion for one person. There s only three votes. You make a motion for somebody else, then only three votes. That first person could ultimately come back around. Somebody could make a motion again. I think you can a process like that, I think you can, if I m not mistaken, you could come back around and make a motion for that person again and see If maybe someone changes their mind. I mean, it is a -- I think were reading too much into it. I mean, I understand the concern with the process and I think it does make some people feel uncomfortable. You know, you have a group of people standing in front of you and you re basically choosing one over the rest. You know, and we all grew up that way. You know, we all got selected to play on the A team on the B team. We all got selected for the team or we didn t get selected for the team. So, I mean, it s, you know, I think that s kind of life, not everybody can win. I don t know. I mean, I understand what you re saying, Dan. I mjust would have to, I mean, you know, do we change it for this process or do we just -- COUNCILMEMBER PFLUMM: What do you mean change it? Because it s never been outlined, it s just the way the existing Mayor, you know, did the appointment process. COUNCILMEMBER VAUGHT: I don t know. COUNCILMEMBER PFLUMM: It s not outlined. COUNCILMEMBER VAUGHT: I mean, how does the Charter actually, I mean, does it actually specify there will be a motion and there willbe -- COUNCILMEMBER PFLUMM: It says you may vote on an appointment at this time. COUNCILMEMBER VAUGHT: No, it willjust be an appointment, so. CITY MANAGER GONZALES: The process, as we talked about in February, is set out in policy, or could be set out in a policy. The process itself is not defined by the Charter Ordinance in any way. Ms. Meyer? COUNCILMEMBER MEYER: I guess I would, know, I guess support Dan s suggestion just, you know, maybe it s something we try this time and see if it works. I thinkjust to

7 it s Journal 74, Volume , Page 7 SHAWNEE CITY COUNCIL SPECIAL CALL MINUTES May 5, 2015 back up a littleon the overall process. I hate the appointment process. We ve talked about this. There are a lot of us who have uncomfortable feelings about it. I think that s how we got to this conversation about the election. And l m frankly a littlefrustrated that we ve gotten to this place for a lot of reasons, but a part of that is I wish we could have had the Council conversation at a Committee level even before February. Because I feel like once we by having it in February, it was too late to make a change to the Charter Ordinance. So, we sort of boxed ourselves into this position where we re left here. And I favor an election. And if you put a Charter change up, l m going to vote for it ten times out of ten. But I agree with you that I think we ve gotten to a point where we have to maintain and sort of stay the course with the appointment process we have. So, within those parameters, I think Dan's suggestion is a good one to kind of see if there s something we can do that makes the process look more transparent and less of kind of this prearranged, not that it is, but this prearranged kind of back room. You re going to make the motion, l m going to recognize you back and forth that we keep getting dinged for. Yes. And piggy backingon some of those comments. Mr. Jenkins? When I Ijust got done walking my ward, pretty much -- door to door, and got to talk to a lot of folks and engaged in discussion with them. And a prevailing theme that I kept getting from them was that there s cronyism at City Hall. And there s kind of like a self-perpetuating club up here, to make sure they continue to bring their own into the positions here to represent them out there. And that s why I favor an election. I don t think the sense l m getting is that this Council wants to do that, so I think l m going to find myself in a minority as far as actually accomplishing that. But l m not sure I find myself in a minority as far as this idea of doing an election, being above board, letting people select their own representatives because I really feel that s the democratic process. And I know for an appearance we need to appoint somebody, and I think in my opinion that would come more in terms of somebody that got transferred by theirjob and they had eight months left on their term or whatever and you can t run an election by the time you get an election done, I mean, the first thing would be pretty much only in there for a couple of months anyway. Something like that, a stop gap measure, I think it would work well and would probably be a necessity. But when we ve got two years to work with, for us to appoint somebody for a two year term and place our representative in Ward IV, instead of Ward lv s representative up here, it just doesn t -~ it seems contrary to just good democracy -- to me. So, I hope we can go in another direction in the near future. Ms. Meyer? COUNCILMEMBER MEYER: I don t disagree with you at all, Eric. I prefer an election. I think that s the best way to go about it. I wish we would have changed it when we had the opportunity to do it. My concern now is we re weeks away. We re a day away effectively from the end of the closing period. We have five people so far I think who have applied within the parameters of the process. And I think that it is problematic and creates sort of a perception issue that we can just arbitrarily change our mind at any time if we deviate from sort of the process we ve set. I wish we would have changed it in the start. But I think once we made the decision in February and then didn t bring it up again when Michelle got sworn in, I guess maybe that was an appropriate time. But I feel like we ve gotten to a place where we have to honor the commitment that we ve

8 I Journal 74, Volume , Page 8 SHAWNEE ClTY COUNCIL SPECIAL CALL MlNUTES May 5, 2015 made to these people at this point. And then by gosh, I hope we change the darn Charter, so. Mr. Vaught? COUNCILMEMBER VAUGHT: if a U.S. senator drops dead in the middle of his term, how is his position filled? COUNCILMEMBER VAUGHT: Do you want me to tell you or do you already know? Well, doesn t the governor appoint? Yes, the governor would appoint. COUNCILMEMBER VAUGHT: And if a congressman drops dead in the middle of his term, doesn t the precinct committee -- And then an election is held. COUNCILMEMBER VAUGHT: lsn t it the precinct was under the impression it was the precinct committee. is that not it or is it an election? MAYOR DlSTLER: l thought it was precinct committee. COUNCILMEMBER MEYER: i think it s precinct unless there s a majority of the term left. i think that s what they did with -- COUNCILMEMBER VAUGHT: senators? What happens at the state level, state reps and state COUNCILMEMBER MEYER: Precinct. COUNCILMEMBER PFLUMM: Precinct. COUNCILMEMBERVAUGHT: Okay. So, i mean, I guess we at the City Council level have unlimited funds and are held to a higher standard than the U.S. Government and the state government on having a special election. I would almost hope that s true actually. Mr. Neighbor? COUNCILMEMBER NEIGHBOR: I would offer - here that we re straying from l chaired the meeting in February. it was a lot of discussion. Basically we kicked the can down the road to July. I think we have a process. We have five people. We have a commitment. And i would also call it to the attention that a lot of people are watching us, and developers, people everywhere. And the idea that we made a commitment, we told these people what we were going to do, we told the public what we were going to do, and now we re trying to fudge with the situation. You know, what does that make us look like? That s not really awe inspiringfor developers and other people thinking about locating in Shawnee. As for the citizenship, and l ve had a couple phone calls from people from Ward l. Basically they said, Jim, that s your process, you need to hold to it.

9 Journal 74, Volume , Page 9 SHAWNEE CITY COUNCIL SPECIAL CALL MINUTES May 5, 2015 Work it out later, but this is the process that you ve used and it s been there. And I get the impression from my folks that they want us to do the process as we ve done it before. Yeah. We ll talk about it in July and going forward, but I would be for keeping the process exactly the way it is and doing it get this over and done so the people in -- Ward IVget representation. And most important, we re wasting time because we got a budget to do, folks. That s our most important. That s why we re really here and that s the most important work we ve got the next eight weeks. Mr. Sandifer? COUNCILMEMBERSANDIFER: You know, I agree with Mr. Neighbor. l ve had four elections and I when I go door to door I talk to people about just a multitude of things. -- l ve never had this brought up once. The people in my ward, they don t care which way it goes as long as they get another representative and its a decent one, you know. That s what nobody has brought up that they want to elect one. They can elect -- one in the next election. The process has worked for many years, and I m not against it. So, I think in the process the way it is at this point, the people have put together the plans. They ve brought in their resumesand they re expecting a result and we need to give it to them. And, you know, if you re accepting any motions, I would like to make one. Well, first -- When the discussion is done. Do we want to see is there any more discussion on Mr. Pflumm s technique, or do we want a motion to see whether or not that s the way we want to do it before we would accept a motion, or -- CITY MANAGER GONZALES: I really need to understand exactly how it would work, so I would want some pretty good detail on that stated publicly so we could write it down and make sure we understand it if we re going to move that direction. Ifyou just want to have some discussion first to see -- MAYOR DISTLER: Well, that s why if that is what we re going to do, I thought it would be better to decide it tonight than at the meeting where we re actually appointing the person -- CITY MANAGER GONZALES: Absolutely. -- than to all of a sudden say we re going to draw names out of a hat. So, if that s the direction the Council wants to go, I would like to know that tonight before we conclude the meeting. Mr. Pflumm? COUNCILMEMBER PFLUMM: Well, ljust wanted to back up. My first preference is for an election. And I understand that, you know, we ve already started down this process. So, if we re going, you know, and that s why I brought up, you know, just a way to hopefully do it a little more, because I think in the past when somebody gets nominated it affects the way other people vote because they may, you know, want, you know, a certain candidate, but that candidate never even gets the opportunity. Maybe four other people wanted Candidate A, but Candidate C or D was nominated and, you - know, Candidate and he might have, you know, a resumethat doesn t equal or isn t even close to the first three candidates, but yet, he got elected because he was

10 ljust Journal 74, Volume 9~2015, Page IO SHAWNEE CITY COUNCIL SPECIAL CALL MINUTES May 5, 2015 nominated and, you know, people didn t want to vote no for that candidate. So, the only thing the only reason I brought that other process up is just to make it a little more fair -- for the five candidates that we have. Well, and that s fine. Ijust want to know if -- how the Council feels about that process tonight versus waiting until the 11. COUNCILMEMBER PFLUMM: So, if you wanted me to clarify what I had intended, I can do that for Carol. I mean, all of us Council people would write our name and the individual that we want to nominate on a piece of paper and everybody would hand that to the City Clerk. The City Clerk would tabulate those in the first few seconds. And then figure out who got what nominations. Maybe, you know, it could be that two individuals got two votes and then, you know, out of those individuals, those would be the first two and, you know, we could just go in alphabetical order. And then basically we would vote on, you know, the first individual. Ifthat individual didn t receive the - majority of the present Council members, and I would like our Council to City Attorney to clarify the Mayor s position because I don t know that that, you know, in the past, you know, the Mayor has always said the Mayor votes if it makes a difference. 80, go ahead. MR. RAINEY: The Mayor would vote in this case only if the vote is one less than needed for approval. COUNCILMEMBER PFLUMM: Okay. MR. RAINEY: What that number needed for approval would be depends many are present and voting. upon how COUNCILMEMBER PFLUMM: Okay. MR. RAINEY: So, it could be a moving target. COUNCILMEMBER PFLUMM: And that includes like people that might abstain or anything like that, correct? MR. RAINEY: If you abstain, I don t believe for this particular Charter Ordinance text you would be considered as present and voting, so the majority present and voting. If there are seven votes and one of you, l m sorry, six votes and one of you abstains, it would still be four. So, unless you have more than one of you abstain, I don t think it would change things. COUNCILMEMBER PFLUMM: I was just throwing what Council thought. wanted to know, you know, Mr. Kemmling and then Mr. Sandifer. COUNCILMEMBER ~ KEMMLING: So, I guess my question is, is it up to the I thought this meeting was being run by the Mayor and that it was at your discretion to decide how the candidates were selected. I didn t know that was up to the Council to decide for you how we were going to nominate either via secret ballot or --

11 if if it Journal 74, Volume , Page 11 SHAWNEE CITY COUNCIL SPECIAL CALL MINUTES May 5, 2015 CITY MANAGERGONZALES: As I said before, there has been no written process regarding the appointments. The law is set out in the charter. The process that you re looking at on page 36 is the process we ve used for the last five, six, seven times. Certainly the Council would have the authority, as we talked about in February, to create a policy statement that set out a process. It isn t specifically set out as the Mayor s purview to determine that process. COUNCILMEMBERKEMMLING: Right. CITY MANAGER GONZALES: The Council would certainly have the option to do that. That s what we talked about in February. Mr. Sandifer. COUNCILMEMBER SANDIFER: Yes. You know, l m not sure that that s a bad way of what Dan is talking about here, but I think we could be turning things into kind of a fiasco if we start taking there is we wrote down the names and there were four names written down of one individual, that s the individual that should be mentioned first. Not go from the two and say no, two more, no. COUNCILMEMBER MEYER: I think that s what Dan suggested [inaudible]. COUNCILMEMBER SANDIFER: No. I thought and up. I thought he said you d go from two Only if there s a tie. COUNCILMEMBER PFLUMM: Only if there s a -- COUNCILMEMBER SANDIFER: Okay. Mr. Vaught? COUNCILMEMBER SANDIFER: The most votes first. COUNCILMEMBER VAUGHT: Well, let me say this though. That discussion right here kind of gives me concern. I mean, if we re going to do something different, than, and, Dan, you ve had ideas in the past, and I think coming forward with an idea, it would help if it was actually put on paper. And because what you ve come to us with is an idea, then you re waiting for everybody else to put in their input on how we re going to make this idea work in a Special Call meeting, to kind of create this new idea and then hope that it, you know, between the time we make the decision to do it and the time we ve got to do this that it s, you know, it s legal. We can do it that way. It actually is works. I mean, it might be a great idea, but I think it s going to have to be put on paper and it s going to have to be specified exactly how its going to be done just like anything else. Just like any other governing body you can t just walk in and say I have this idea, let s talk about this and by the end of the meeting, let s vote on it, make it happen. ltjust doesn t work that way. So, I think if, you know, if we had in writing exactly how this is going to work and specify what happens when this happens and what happens when that happens, you know, you d actually have something to vote on. We don t have anything to vote on right now. We don t have anything to really you re kind of saying -- this was this is how this should work and you re looking to everybody else to kind of --

12 you we we Journal 74, Volume , Page 12 SHAWNEE C TY COUNCiL SPECIAL CALL MlNUTES May 5, 2015 put it on paper and it, l mean, i don t know how we do that. i mean, at this point we have a process. I know some people don t like it, but we ve got to make a decision here in X~amount of days and it s a process that s been used many times. Let s just do the process, like or not, and come July when we have our meeting, we re either going to vote to have an election or you re either going to vote to do it this way with the modified system like Dan has. But I mean we re at the final hour here. We just need to, I think do what we know works, do what we know the charter allows us to do, do what we know that we re not going to have any legal challenges with and make it happen. Mr. Pflumm? COUNClLMEMBER PFLUMM: Yeah. Just to address that. i mean, that s what we do - almost every single meeting unless we take just approve an agenda item straight off the agenda. It gets modified and staff makes the modifications and it gets voted on and it s approved and that s the way it works. COUNClLMEMBER VAUGHT: Modify something that s already in writing. We don t have anything you re not changing the entire system. COUNClLMEMBER PFLUMM: That s why werehaving this meeting tonight. COUNClLMEMBER JENKINS: He is? COUNClLMEMBER VAUGHT: I understand that. But what you re saying -- COUNClLMEMBER PFLUMM: We re not changing the system because there -- He dldn t change anything. COUNClLMEMBER VAUGHT: You re talking about a whole different process here. - But we don t haven t clarified the process on exactly how its going to work. Because what you re saying is, well, maybe if there is two l really don t understand what you re saying and l don t think Mickey even understood what you were saying because he was confused. So, we really don t have a clear process. That s all l m saying. l m not trying to don t have a clear process. So, if you can actually come up with a clear process in a short amount of time here that somebody can actually understand what you re saying, then we have something. But i don t really understand your process. l know where you re going with that. COUNCILMEMBER PFLUMM: All right. Go ahead. Maybe I can restate it for Dan because he seems to be having trouble helping you understand, so l lltry for him again. All he s saying is, after we listen to the candidates and get their feedback and their discussion with the Council, we get to ask them questions and all that sort of thing, and then we go into the part where we re going to vote, that each one of us sitting up here at this Council willwrite down our nomination on a piece of paper. And then there, Eric Jenkins nominates Joe Snodgrass, whatever. Peel this off and then give it to our City Clerk. And each one of us do that. And then our City Clerk looks at these, and it s not a whole lot of votes to tabulate because there aren t that many of us, so it shouldn t take but a couple of seconds to look at those eight pieces of paper and say, okay. Joe Snodgrass, there s three people nominated him. So, he s going to be the first one coming up on the

13 l m Journal 74, Volume , Page I3 SHAWNEE CITY COUNCIL SPECIAL CALL MINUTES May 5, 2015 agenda to be voted on. And looks like we got Mary Swift here, she s got two votes. If Joe doesn t get, I guess we li go to Mary next. And that s how we re going to work through the process. It seems relatively simple to me. Now, whether you like it or not I don t know, but I mean the process seems really simple. Mr. Kemmling? COUNCILMEMBERKEMMLING: So, then we would have to have some form of tiebreaker if multiple candidates got the same amount? COUNCILMEMBERJENKINS: I believe it would be listed alphabetical order at that point. COUNCILMEMBERKEMMLING: Does everyone like alphabetical coin toss? or do they want a COUNCILMEMBERVAUGHT: I don t like alphabetical. My name is a V, so if you re a V or a W, you re always last. is that fair to be punished because you re a V? COUNCILMEMBERMEYER: How about a coin? COUNCILMEMBER PFLUMM: How do you do the coin if you got three? What about if the City Clerk or the Mayor, those three names are in the hat and the first one drawn out get the first motion? COUNCILMEMBERPFLUMM: Perfectly fine. COUNCILMEMBERJENKINS: I like that better. CITY MANAGER GONZALES: You know, in February, we talked at that time about the process because we could have changed the process for this even though we couldn t have changed the Charter. And the decision was made, after lots of discussion at that time, not to change the process then either. So, thats why we have the same process again. Not that you can t change it today. I just want to remind you we did have that long discuss in February also. COUNCILMEMBER PFLUMM: But really, we I mean, we don t have a written process for taking a nomination. We do not have that. CITY MANAGER GONZALES: In February, we talked about we could define that. We could create a policy statement that could have gone to the next Council meeting to do that, and that was a decision not to do that at that time. So, just a reminder. Mr. Neighbor? COUNCILMEMBER NEIGHBOR: I again would say that number one, we have five people that read the selection process. They understand what to expect. They put in their applications based on that understanding. I don t think it is fair for us to tinker with the process here. I think it is appropriate for the Mayor in her position to determine how she wants to do this or who she calls on. But Ijust not at all comfortable with

14 and Journal 74, Volume , Page 14 SHAWNEE CITY COUNCIL SPECIAL CALL MINUTES May 5, 2015 tinkering with the process when we agreed work with. that s what these people signed on to Ms. Meyer? if COUNCILMEMBER MEYER: I mean, I agree that it s up to the Mayor s discretion. I don t feel like it s such a groundbreaking change that it would require this advance -- I feel like to me it seems like it s more fair to the people who have applied because its not up to the discretion of whomever gets, you know, pointed at first, that its a matter of who the most people on the Council felt like would be the best choice. So,it seems I were in that group of five, not to speak for them, it would seem like I would prefer that method to have more of a kind of a fair shake at it. COUNCILMEMBER PFLUMM: Iftheres no other comments, l llmake a motion if that s Okay. COUNCILMEMBER PFLUMM: So, I would make a motion that the candidates, that after they come in and give their presentation on each other, that we write down each candidate that we want to nominate and then we give that to the City Clerk and the City Clerk tabulates those. And the one, the individual that gets the most votes is the person that, you know, is nominated to be voted on by the entire Council, present voting members. Okay. If there happens to be a tie, I think we should go by alphabetical orderjust because it could be three, or do you want to make it alphabetical order and -- l llsay alphabetical order, and I got the looks up here. And then that person, if those two people tied and it went to a vote, the person in alphabetical order would be nominated first. l llsecond the motion. COUNCILMEMBER PFLUMM: Now, is there any discussion on the motion? Ms. Meyer? COUNCILMEMBER MEYER: Well, I would like maybe a substitute motion with a coin flip because I prefer that to alpha because l ve been a W for most of my life, and I know the short end of the stick with that. So, I would suggest a coin flip, too. COUNCILMEMBER PFLUMM: I would amend my motion to do a coin flip if it s two and alphabetical order if it s more than two. Mr. Kemmling? COUNCILMEMBER KEMMLING: m against the alphabetical order. I d much rather something of chance ~- COUNCILMEMBER PFLUMM: Okay. COUNCILMEMBERKEMMLING: two. like a coin or drawn out of a hat with more than

15 support we re if Journal 74, Volume , Page 15 SHAWNEE CITY COUNCIL SPECIAL CALL MINUTES May 5, 2015 COUNCILMEMBERPFLUMM: l would amend my motion to do a coin flip if it s two people, and the City Clerk would do the coin flip. And then if its more than two, in the order that they are pulled out of the hat by the City Clerk. Okay. We have a motion and a second. COUNCILMEMBERJENKINS: Can I second again with the change? CITY MANAGER GONZALES: Can I clarify one thing then also? Yes. CITY MANAGER GONZALES: So can -- City Attorney Rainey, can the Council vote on something without a motion or would there need to be a motion by someone for -- COUNCILMEMBERMEYER: That s a good question. Who would people picked someone, who gets to nominate them? [inaudible] CITY MANAGER GONZALES: If Mr. Powell announces who is the person, willwe would assume we would need a motion for that person. I MR. RAINEY: Yes. And I would assume that was -- Can the Mayor make a motion? MR. RAINEY: -- implicit because you mentioned earlier that that person would then get to nominate. So, you do have to have a motion and a second on the candidate that had the most nomination votes by paper ballot. is that correct [inaudible]? COUNCILMEMBERPFLUMM: Council President. COUNCILMEMBER VAUGHT: Well, but what if the Council President doesn t -- what if the Council President doesn t -- COUNCILMEMBER PFLUMM: Doesn t like the nomination? COUNCILMEMBERVAUGHT: - that person? COUNCILMEMBER MEYER: Could we just have the Clerk -- - COUNCILMEMBERVAUGHT: We re in the basically doing the same thing. We re still having to nominate that person, get a second and vote, so why go through the paper process? That s what l m trying to say. We re not thinking this through. What s the difference? At the end of the day, and that s what l tried to say before. You still have to have a you have to have a motion and a second to take a vote. So, we re -- going to go through all this, so that we can have a motion and a second and take a vote. We re getting to the same place doing the same thing, we re just adding a whole step to it. And that s my confusion here. l don t get this. COUNClLMEMBERPFLUMM: The Mayor -- COUNCILMEMBER VAUGHT: l don t understand the purpose.

16 Journal 74, Volume , Page 16 SHAWNEE CITY COUNCIL SPECIAL CALL MINUTES May 5, 2015 COUNCILMEMBER PFLUMM: The Mayor would ask for the motion and if there wasn t a second, then it would fall. Iffour people nominated, or three or two people nominated any one candidate, you would think you would get a motion and a second. COUNCILMEMBER MEYER: l agree. CITY MANAGER GONZALES: Ijust wanted to clarify that that would have to be part of the process and part of your motion for the process. COUNCILMEMBER PFLUMM: Okay. Okay. I'm going to take a roll call vote on Mr. Pflumm s motion. Mr. Neighbor? COUNCILMEMBER NEIGHBOR: No. Mr. Pflumm? COUNCILMEMBER PFLUMM: Aye. Mr. Jenkins? Aye. Mr. Kemmling? COUNCILMEMBER KEMMLING: Aye. MAYOR DlSTLER: Mr. Vaught? COUNCILMEMBER VAUGHT: No. Ms. Meyer? COUNCILMEMBER MEYER: Aye. Mr. Sandifer? COUNCILMEMBER SANDIFER: No. Motion passes. (Motion passes 4-3). So, then -- CITY MANAGER GONZALES: So, we re going to need a motion to move the May 19 discussion back to July since there was a motion [inaudible]. Okay. And do we need a motion to continue the process or did that pretty much cover that one as well? To continue on with the process versus going to a special election, do we need to clarify that or -- CITY MANAGER GONZALES: [inaudible] Although I guess if there is no motion to do something if there s no motion to do something different, then we would continue on.

17 Journal 74, Volume , Page 18 SHAWNEE CITY COUNCIL SPECIAL CALL MINUTES May 5, 2015 CERTIFICATE I certify that the foregoing is a correct transcript from the eiectronic sound recording of the proceedings in the above entitiedmatter. /das May 11,2015 Deborah A. Sweeney, Recording Secretary APPROVED BY:

18 Journal 74, Volume , Page 17 SHAWNEE ClTY COUNCIL SPECIAL CALL MINUTES May 5, 2015 Okay. But you do need a motion to cancel the -- CITY MANAGER GONZALES: To move the discussion of the Charter Ordinance back to the July meeting if that s what the Council would like to do as opposed to the May 19 meeting. Okay. Mr. Neighbor? COUNCILMEMBER NEIGHBOR: i would move that the discussion of the Charter Ordinance is moved back to the original July Committee Meeting date. COUNCILMEMBER SANDIFER: Second. Okay. There is a motion and a second. is there any discussion on this item? Seeing none, all in favor signify by saying aye. COUNCILMEMBERS: Aye. Oppose nay. Motion passes. (Motion passes 7-O). C. ADJOURNMENT Okay. Can I adjourn us from this meeting or do l have to okay. COUNCILMEMBER SANDIFER: Motion to -- No. I mean, i didn t know ifl needed a motion for the -- COUNCILMEMBER PFLUMM: Second. COUNCILMEMBER SANDIFER: Motion to adjourn. COUNCILMEMBER PFLUMM: Second. Okay. We have a motion and a second to adjourn the special meeting. All in favor signify by saying aye. COUNCILMEMBERS: Aye. Oppose nay. Okay. Motion passes. (Motion passes 7-0). The regularly schedule Council Committee meeting will begin shortly. Thank you. (Special Call Shawnee City Meeting Adjourned at 7:10 p.m.)