08.27.2002 Town Council Minutes SpecialMINUTES
Special Called Meeting of the Prospe
Town Council
First Baptist Church Youth BuildInrg
601 S. Church St., Prosper, 7X
Tuesday, August 27, 2002, 7.•OOpm
1. Gall to Order Roll Call, Mayor Dunmire called the meeting to order. Those Present: Mayor Jim Dunmire,
Mayor Pro -Tem Jeff Walker, Larry Tracey, Charles Niswanger, Michael Perry and Russell Kaker. Also Present:
Town Administrator Jennifer Finley, Town Secretary Amber Phillips, Town Planner Edward McRoy and Fire
Chief Ronnie Tucker.
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Mayor Dunmire adjourned into Executive Session at 7:32pm.
I Reconvene into-Reaular-Session tQ. lake an� np,�,essary artion as a result of the Ueclitive Session.
Mayor Dunmire reconvened into Regular Session at 9:24pm and invited Council to take any action necessary as
a result of the Executive Session.
a.) Motioned by Charles Niswanger and seconded by Michael Perry to grant Chief Ronnie Tucker the
authorization to hire 3 additional firefighter/paramedics. Motion carried. Vote 5 to 0.
b.) Michael Perry suggested that Council empower the Town Administrator to make any personnel
decisions that she deemed necessary.
Motioned by Charles Niswanger and seconded by Russell Kaker to discharge Edward McRoy, effective
immediately. Motion carried. Vote 5 to 0.
Motioned by Jeff Walker and seconded by Charles Niswanger to change the current EDC staff position from
EDC Secretary to that of a Director of EDC; to direct the Town Staff to define a job description for EDC Director
to better meet the Town's economic development needs; and, to support the position of EDC Secretary through
the remainder of the.fiscal year ending September 30, 2002, and to budget for the position of EDC Director
effective October 1, 2002. Motion carried. Vote 5 to 0.
Mayor Dunmire asked Council for any additional discussion as a result of the Executive Session.
Council agreed to direct the Mayor to request a special called meeting with the EDC for discussion defining their
goals and the roles of the future EDC Director position. The position will report directly to the Town
Administrator and Council.
Jeff Walker requested that Mayor Dunmire also ask the EDC to report to Council on all outstanding projects
and/or issues they are working on as well as any additional staffing needs.
Mayor Dunmire recommended posting the position after job descriptions are written and clearly defined.
Upon Ed McRoy's return to Regular Session, Mayor Dunmire explained that Council unanimously voted to
terminate his employment effective immediately. Council advised Ed that they did not believe that he had
satisfied the immediate needs of the Council and Town and reminded him that he was still employed under a
probationary period until October 29, 2002. The Mayor stated that the Council and Town Administrator clearly
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expressed the immediate needs of Prosper during the interview process, at the time of hiring and throughout his
employment with the Town up to this point. He explained that Prosper is a fast-growing town and although Ed is
a very knowledgeable person, he would most likely be better -suited for a larger City.
Ed requested an opportunity to ask questions of Council and make a few statements. Mayor Dunmire agreed to
the request.
Ed explained that he was extremely surprised and outraged by Council's decision and expressed concern that
the Council and Town Administrator had not provided him with clear direction rpgarding his job responsibilities.
Ed requested that Council reconsider their decision to terminate his employment as he felt that he had gone
beyond his jots description. He indicated that Council should have given him notice to begin seeking
employment elsewhere. Ed requested Council provide him with reasons for their actions.
Ed stated that he will seek legal recourse and make a formal request for a tape of the Executive Meeting.
Furthermore, he advised Council that they were incorrect in their assumption that the probationary period
provides them the unlimited ability to terminate an employee without cause. He stated that if this was the advice
given to them by the Town's legal counsel then he strongly disagreed, and further stated that in his opinion the
Town Attorney has provided misadvise on numerous occasions.
Mayor Dunmire requested that he return his laptop, keys and any other Town property to the Staff. Ed agreed
to return all items and asked for the opportunity to collect his personal belongings from his office. He returned
all of his keys to Jennifer and advised that the laptop was still in the office. Jennifer agreed to allow him to come
by the office on Wednesday, Auqust 28, 2002, at 10:00am to collect his personal belongings.
4. pos_cugsion a0d l2ossible action Legardong and increase in fees to iiaglude* water/serLer rates.
building Onsoggtion f 12ermit fees and _zonir ,g &= Motioned by Jeff Walker and seconded by Charles
Niswanger to table the item until the next available meeting. Motion carried. Vote 5 to 0. Additionally, Michael
Perry requested that Jennifer Finley direct the Town Attorney to begin drafting the ordinance.
5. Adjourn. Mayor Dunmire adjourned the meeting at 10:05pm.
Ma or Jim Dunmire
Town Secretary Amber Phillips