ELLIS — An Ellis Police Department officer’s employment was terminated and Police Chief Taft Yates was reprimanded during an Ellis City Council special meeting Wednesday night.
Mayor Lyle Johnston called five executive sessions, a total 75 minutes, for personnel matters of non-elected personnel to discuss performance and disciplinary matters.
Following the fifth executive session, in which City Attorney Olavee Raub, police chief Yates and Officer Jon Geiger were present, council members voted unanimously to ratify and adopt the immediate termination of Geiger.
Council members also voted unanimously to ratify the written reprimand of Chief Yates for placement in Yates’ personnel file.
Johnston said Thursday he “could not comment because of the need to protect the privacy of non-elected personnel.” Johnston also said Wednesday’s actions “conclude the matter.” No other details about the incident or reason for the officer’s termination are expected.
Geiger, a certified law enforcement officer from Colorado with four years experience, was approved for hire on Jan. 2 by Ellis Police Chief Taft Yates.
Following several executive sessions during the Sept. 2 regular meeting, city council members voted to suspend Geiger with pay pending the outcome of an internal investigation.
Johnston said that investigation was conducted by him and the Ellis city attorney.
The complete special meeting minutes follow.
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ELLIS CITY COUNCIL SPECIAL MEETING Minutes September 10, 2014
CALL TO ORDER
Mayor Lyle Johnston called the meeting to order at 7:00 p.m. Present were Council members Ron Johnson, Gary Luea, Dave McDaniel, Jolene Niernberger, Terry Redetzke, and John Walz. Also present were Public Works Director Alan Scheuerman, City Clerk Amy Burton, Police Chief Taft Yates, and City Attorney Olavee Raub.
PLEDGE OF ALLEGIANCE TO THE FLAG
PUBLIC PRESENT
Doreen Timken, Jon Geiger
PURPOSE OF SPECIAL MEETING
Mayor Lyle Johnston stated the purpose of the special meeting is to approve a test drill agreement form and to address personnel matters, inclusive of any executive sessions, if necessary.
a) Review and Approve Test Drill Agreement Form
Council discussed the amount of compensation to offer landowners for the ability to drill test holes on their property. Council member Gary Luea feels $300.00 per site is a fair offering. Council reviewed a proposed “Permission to Drill and Option Agreement” to serve as the contract between the landowner and the City. Section 6 should be modified in two places to read two years from the date of completion of the test well, rather than one year. The City will ask for use of a 5 acre tract, but could reduce that if necessary. Council member John Walz moved to approve the “Permission to Drill and Option Agreement” with the modification to Section 6 replacing “one year” with “two years.” Council member Ron Johnson seconded the motion. Upon a call for discussion, Council discussed whether or not to have the Agreement notarized. Council member John Walz then amended his motion to allow Mrs. Luea to notarize the Agreement on site upon the City Attorney determining no conflict of interest would exist. Council member Ron Johnson amended his second. Upon a call for the vote, the motion carried 6-0.
Council member Dave McDaniel then moved to authorize Council member Gary Luea to negotiate test drill sites with landowners and to offer up to $300.00 per test drill site with money to come from the Capital Improvement – Water Exploration Fund, and to authorize the Mayor to sign documents related to the “Permission to Drill and Option Agreement.” Council member Ron Johnson seconded the motion. Motion carried 6-0.
b) Executive Sessions
Mayor Lyle Johnston called for an executive session for personnel matters of non-elected personnel. A 30-minute executive session was proposed starting at 7:15 p.m. Mayor Johnston asked for a motion to recess. Council member Dave McDaniel moved and Council member Ron Johnson seconded a motion to recess to executive session for personnel matters of non-elected personnel to discuss performance and disciplinary matters with the City Attorney present. The motion carried 6-0. The Council returned to open session at 7:45 p.m. No action was taken in executive session.
Mayor Johnston called for an executive session for personnel matters of non-elected personnel. A 15-minute executive session was proposed starting at 7:47 p.m. Mayor Johnston asked for a motion to recess. Council member Jolene Niernberger moved and Council member Terry Redetzke seconded a motion to recess to executive session for personnel matters of non-elected personnel to discuss performance and disciplinary matters with the City Attorney present. The motion carried 6-0. The Council returned to open session at 8:02 p.m. No action was taken in executive session.
Mayor Johnston called for an executive session for personnel matters of non-elected personnel. A 10-minute executive session was proposed starting at 8:06 p.m. Mayor Johnston asked for a motion to recess. Council member Ron Johnson moved and Council member Dave McDaniel seconded a motion to recess to executive session for personnel matters of non-elected personnel to discuss performance and disciplinary matters with the City Attorney and Police Chief Taft Yates present. The motion carried 6-0. The Council returned to open session at 8:16 p.m. No action was taken in executive session.
Mayor Johnston called for an executive session for personnel matters of non-elected personnel. A 10-minute executive session was proposed starting at 8:18 p.m. Mayor Johnston asked for a motion to recess. Council member Jolene Niernberger moved and Council member Dave McDaniel seconded a motion to recess to executive session for personnel matters of non-elected personnel to discuss performance and disciplinary matters with the City Attorney and Police Chief Taft Yates present. The motion carried 6-0. The Council returned to open session at 8:28 p.m. No action was taken in executive session.
Mayor Johnston called for an executive session for personnel matters of non-elected personnel. A 10-minute executive session was proposed starting at 8:29 p.m. Mayor Johnston asked for a motion to recess. Council member Terry Redetzke moved and Council member Gary Luea seconded a motion to recess to executive session for personnel matters of non-elected personnel to discuss performance and disciplinary matters with the City Attorney, Police Chief Taft Yates, and Officer Jon Geiger present. The motion carried 6-0. The Council returned to open session at 8:39 p.m. No action was taken in executive session.
c) Address Discipline Recommendations and Implement Disciplinary Action
Council member Terry Redetzke moved to ratify the termination of Officer Jon Geiger, as issued by Chief Taft Yates on today’s date, and to adopt termination, effective immediately, as the appropriate resolution to the findings of the investigation for which Officer Geiger was on suspension. Council member Ron Johnson seconded the motion. Motion carried 6-0.
Council member John Walz moved to ratify the written reprimand of Chief Taft Yates as presented and prepared by Mayor Johnston, and allowing the Mayor to sign and place the reprimand in Chief Yates’ personnel file. Council member Ron Johnson seconded the motion. Motion carried 6-0.
ADJOURNMENT
Council member Terry Redetzke moved and Council member Ron Johnson seconded the motion to adjourn. The motion carried unanimously. The meeting adjourned at 8:45 p.m.