PRATTVILLE CITY COUNCIL
SPECIAL SESSION MINUTES
MONDAY, APRIL 13, 2009
5:30 P.M.

The Prattville City Council met in special session on Monday, April 13^th at 5:30 p.m. in the Council Chambers at City Hall with Council President Argo presiding. Roll was called and all were recorded as being present.

AGENDA ITEM

1. RESOLUTION: TO RECONSIDER RESOLUTION BOOK 2009, PAGE 034, TO RATIFY AND AFFIRM DIFFERENTIAL PAY INCREASE FOR THE PRATTVILLE POLICE DEPARTMENT FOR BUDGET YEAR 2008-2009.

Council President Argo explained that when Resolution Book 2009, Page 034 was adopted on April 7^th, it changed the City’s current policy. He further stated that was not the Council’s intent. The council rules state that any Resolution may be reconsidered at the next meeting by a member of the Council from the prevailing side.

Councilman Renegar made the motion to reconsider and Councilman Miller seconded the motion. During discussion, Councilman Gillespie read emails from the Mayor. He further expressed his opinion that the Resolution should remain as it was adopted. The vote was called to reconsider and the results were as follows (4-3):

AYES:	ARGO, MILLER, RENEGAR, BOLES	4
NAYS:	GILLESPIE, WOOD, FANK	3
ABSTAINED:	NONE	0
ABSENT:	NONE	0

Councilman Renegar made a motion to amend the Resolution by inserting a period after the word “action” in the second line of the third paragraph, and also by deleting the remainder of the sentence which reads “the City Council of the City of Prattville must approve all pay raises.” Councilman Miller seconded the motion.

Councilman Gillespie reiterated that his intent was honorable when he authored the original Resolution. He then read another email written by Mayor Byard, which indicated to Councilman Gillespie that he would be in the right to move forward.

Councilman Boles made a substitute motion to include the verbiage “that are not included in the budget” at the end of line three in paragraph three. Councilman Gillespie seconded the motion. The roll call vote was called on the substitute motion and the results were as follows:

AYES:	GILLESPIE, ARGO, MILLER, BOLES	4
NAYS:	WOOD, RENEGAR, FANK	3
ABSTAINED:	NONE	0
ABSENT:	NONE	0

Council President Argo passed the gavel and asked to be recognized. Councilman Argo stated his concerns for the Council’s rejection of the legal advice given by the City Attorney. He further reminded the Council that Mr. McDowell had sought the opinion of the legal experts at the Alabama League of Municipalities and because it was an opinion they did not approve of, they chose to second guess that opinion as well. Councilman Argo urged the Council to trust in the Attorney they appointed to represent them and the City. Because the Resolution is not necessary, he asked members of the Council to vote this Resolution down and move forward.

Councilman Gillespie stated that he considers second opinions to be good policy. He expressed his dissatisfaction with receiving the letter from the League approximately 6 months from the time of his request, which was the day before the vote was taken or the day of the vote. Councilman Gillespie further stated that councilmembers should not write Resolutions.

Councilman Boles stated that he submitted a Resolution 2-3 months ago regarding cameras for the council chambers. The Resolution contained incorrect information and he felt it should have been brought to his attention prior to the council meeting. He further stated that he felt City Attorney David McDowell should be held accountable for the inaccuracies.

Council President Pro-Tempore Tom Miller passed the gavel back to Council President Argo.

City Attorney McDowell informed Councilman Gillespie that he had responded to his request by email. He further stated that he left him a telephone message while he was out to lunch and that message was never returned. He also informed Councilman Boles that he reviews every document that appears on the council agenda prior to the council meetings.

Regarding the Resolution, Mr. McDowell repeated himself by stating this Resolution is not necessary and it does not change the original Resolution.

There being no further discussion, the Resolution failed with the following roll call vote:

AYES:	GILLESPIE, BOLES	2
NAYS:	WOOD, MILLER, ARGO, RENEGAR, FANK	5
ABSTAINED:	NONE	0
ABSENT:	NONE	0

ADJOURN:

There being no further business to come before the Council, City Attorney David McDowell presented a written statement to the City Clerk with an explanation for the need to go into executive session. The statement will be made a part of the official record. Councilman Miller made a motion to adjourn and Councilman Fank seconded the motion. The meeting closed at 5:59 p.m.

APPROVED:

________________________

Gina P. Smith
City Clerk

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Dean R. Argo, President
Prattville City Council