09.05.2002 Town Council Minutes SpecialMINUTES
Special Called Meeting.of the ProsRe
Town Council
rirSt Baptist Church t Voutll ouiidilllg
601 S. Church St., Prosper, TX
Thursday, September 5, 2002, 7:00pm
1. Call to orderl Roll Calf. Mayor Dunmire called the meeting to order. Council Members Present: Mayor Jim Dunmire,
Mayor Pro -Tem Jeff Walker, Larry Tracey, Charles Niswanger and Russell Kaker. Michael Perry was not present. Also
Present: Town Administrator Jennifer Finley, Town Secretary Amber Phillips and Town Attorney Rebecca Brewer.
7.. Reconsider and tilke possible aplion regarding thp, em f e action taken by -the Town Council regarding TgAn-
Planner on August 27. 2002, Motioned by Larry Tracey and seconded by Jeff Walker to adjourn into Executive Session in
compliance with Section 551.071, to wit: 3.b. Section 551.071, consultation with Town Attorney on a matter in which the duty
of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas
clearly conflicts with Chapter 551, Texas Government Code. Motion carried. Vote 4 to 0.
Mayor Dunmire adjourned into Executive Session at 7:09pm, and reconvened into Regular Session 7:36pm.
Mayor Dunmire recommended Council rescind the termination of Town Planner Ed McRoy. Motioned by Larry Tracey and
seconded by Charles Niswanger to rescind their August 27, 2002, act of terminating Town Planner Edward S. McRoy. Motion
carried. Vote 4 to 0.
Mayor Dunmire further recommended Council ratify the letter sent by Town Administrator dated August 29, 2002. Motioned by
Charles Niswanger and seconded by Jeff Walker to ratify the letter dated August 29, 2002, regarding the placement of Edward
S. McRoy on administrative leave until further noticed by the Town. Motion carried. Vote 4 to 0.
3. Rpclss into.ti ion in coml2fliInce with F4551. 1 v de wi
a. Section 551.074. Deliberation regarding the employment, evaluation, duties, discipline and/or
dismissal of Town Planner.
b. Section 551.071. Consultation with Town Attorney on a matter in which the duty of the attorney to
the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar
of Texas clearly conflicts with Chapter 551, Texas Government Code.
Mayor Dunmire moved to recess into Executive Session to wit: 3.a. Section 551.074, deliberation regarding the employment,
evaluation, duties, discipline and/or dismissal or Town runner. Cu ivicrcuy was present and requested the vNNul wl Il.y .v
address Council in open session. McRoy advised that after making an open statement, he would be willing to go into
executive session and have discussion off the record if Council wished to continue deliberation.
McRoy began by introducing his wife and two children to the Council. He thanked Council for giving him the opportunity to
speak and requested Council consider retaining him as the Town's planning director. McRoy stated that he is the sole source
of support for his family, and his termination would have a devastating effect on his family.
McRoy explained that he received a letter late Friday, August 30, 2002, that identified general items of his underperformance.
McRoy continued by defending himself against the various areas of unsatisfactory performance listed in the letter.
1.) The tetter indicated McRoy failed to provide weekly status reports. He advised that Jennifer Finley never
specifically asked for reports with specific dates of such.
2.) The letter indicated McRoy had not made satisfactory progress in regards to the Master Pian. He advised that
he had worked with Mesa, provided them with information and attended the public work sessions.
3.) The letter indicated that he had failed at making progress in re -writing the Town's Subdivision and Zoning
ordinances. McRoy stated that he had not been given adequate direction and timelines to create the subdivision
ordinance. He explained that he had been working on it but felt it was premature to present it (McRoy presented
Council with a written outline of his work pertaining to the subdivision ordinance). He advised that the Zoning
ordinance should be related to the comprehensive plan; therefore, he was waiting until the Master Plan was complete
before beginning work on it.
4.) The letter indicated he had made unsatisfactory progress in establishing a zoning procedure process. He
advised that he had been working on this but wanted to draw from different ordinances before presenting it to Council
(McRoy presented council with a written conceptual draft of the development process steps).
McRoy advised that he would be willing to have his probation period extended and would recess into Executive Session with
Council if that was their desire. Mayor Dunmire asked if council desired to recess into Exec Session or continue the
discussion in Open Session. Council and McRoy had no opposition to continuing discussion in Open Session. Mayor
Dunmire agreed to continue in Open Session.
Mayor Dunmire asked McRoy what computer he had prepared the documents on which he presented to Council, as the Town
Administrator had already reviewed the documents saved to his Town-issued laptop. McRoy stated that the documents were
saved on a floppy-disk, and he had been working on them from his home for several months.
Mayor Dunmire addressed the arguments presented by McRoy. He advised that the Council did not anticipate completion of
all the listed projects within 12 weeks or less; however, they did expect him to present progress, and progress reports should
have been presented to Jennifer Finley on a weekly basis. The Mayor stated that he had previously requested McRoy make
progress reports to Ms. Finley, but the Mayor never saw evidence of this.
In regards to the Master Plan, the Mayor stated Council expected McRoy to be aware of its status and report back to the
Council. McRoy was expected to be the Council's contact person in regards to the Master Plan and failed at being such.
Mayor Dunmire asked McRoy if he had made all required legal notifications pertaining to projects that he had worked on.
McRoy answered that he had. Town Secretary Amber Phillips clarified that she and McRoy had agreed that he would make all
legal notifications pertaining to planning and zoning issues, and she would make all notifications pertaining to annexation
issues. McRoy agreed that they had made such an arrangement. Mayor Dunmire indicated that McRoy had failed to make
proper legal notifications in regards to a certain zoning case which resulted in a set back in the case as it had to be re-
calendared with proper notification.
Jeff Walker felt Council made sufficient points for termination, but on a broader scope he asked if McRoy had ever considered
seeking direction from the Council or Planning & Zoning Commission, Jeff stated that McRoy had been late to numerous
meetings, had not been present at meetings pertaining to significant planning issues and was even 30 minutes late to a lunch
that he and Jeff had scheduled. Jeff explained that on two different occasions he had requested McRoy identify commercial
and potential commercial tracts on Preston Rd., and McRoy failed to present the information.
Mayor Dunmire felt McRoy should have been more receptive to the personality of the town.
Jennifer Finley explained that she had asked McRoy to study the Town's Subdivision and Zoning ordinances from home
during his first week of employment, as he did not have an office available during that time. She indicated to him at that time
that the re-writing of these documents should be a top priority. Through her review of the documents saved to his laptop, she
discovered the Subdivision Ordinance had been scanned onto the computer, the font had been changed and a few comments
had been made in the margins. A portion of the Zoning Ordinance had also been scanned. This was the only evidence of
where he had been working on these priority projects.
Jennifer further stated that she had previously requested a status report of all projects that McRoy had been working on since
employed in Prosper. She had received no status report to date.
Mayor Dunmire stated that McRoy had made numerous demonstrations of being very argumentative, confrontational and
challenging of other officials in their roles and their opinions. Furthermore, he agreed with Jeffs concerns regarding McRoy's
continued tardiness to meetings.
Mayor Dunmire felt McRoy should have taken initiative to spear-head various utility issues. McRoy indicated that he was
unaware that Council felt that way, stated that he did not believe he was welcome to take the lead in roles relating to water and
sewer issues and explained that he did not feel his participation was desired. Mayor Dunmire stated that matters of
developing water/sewer capacity were discussed with him on numerous occasions, including the interview process. He felt
that McRoy had been working on issues that "he" [McRoy] saw fit.
Charles Niswanger asked McRoy how he could make any future development plans without ideas and plans for future water
and sewer infrastructure. McRoy stated he would like the opportunity to prove that he could do these things, but he did not
want to present himself as being too aggressive. He agreed that he should have been more aggressive in setting goals and
priorities with the Council. Jennifer stated that she and McRoy sat down and set goals and priorities for him during his first
week of employment. She explained that she would not take the blame for his unsatisfactory performance and stated that
there is a difference between aggressively taking initiative and angering or upsetting people.
McRoy admitted that he did not understand some of his roles and responsibilities, apologized and asked that Council reinstate
him as planning director.
Charles Niswanger stated that he did not see how Council could allow him to continue his employment.
4 Reconvene into Reaular Session to consider and take 2-±ssi le action rgaard na the prriploymelit. evaluation
dgtieC discipline and/or dismissal of Town Plannm Motior I by Jeff Walker and seconded by Larry Tracey to terminate
N,
F
Edward S. McRoy's employment as Town Planner with the settlement offer of a 30 -day payment (from the next pay period)
based upon McRoy signing a release.
Motioned by Russell Kaker to amend the motion to include a one-month Cobra payment and to extend the payments through
December 31, 2002.
Motioned by Larry Tracey and seconded by Jeff Walker to rescind the previous motion and amendment. Motion carried. Vote
A f_ n
Y lV V.
Motioned by Jeff Walker and se(:nndad by Larry Tracey to terminate the employment of Edward S. McRoy as Town Planner
and to extend the following settlement offer to McRoy; 1.) Council agrees to make payments to McRoy equal to his current
salary rate for 60 days or until such time McRoy finds employment elsewhere; 2.) Council agrees to make one Cobra Payment
on behalf of McRoy for one month's insurance; 3.) Council agrees to provide McRoy the opportunity to resign if he so chooses;
4.) Council agrees to provide neutral recommendations to potential employers regarding McRoy's employment with the Town
of Prosper. Motion contingent upon McRoy signing a waiver for Release and agreeing to e-mail Jennifer Finley and Amber
Phillips 3 days prior to paydays regarding his employment status. Motion carried. Charles Niswanger opposed. Vote 3 to 1.
McRoy requested an opportunity to review all the information regarding the Release prior to agreeing to the offer. Rebecca
Brewer agreed to provide him with the requested information but advised that if he chooses not to sign the Release then the
offer is null and void. Furthermore, she recommended Council place a timeframe on McRoy's response to the offer.
Mayor Dunmire recommended McRoy's administrative leave continue thru September 13, 2002, and McRoy be given until that
time to agree to the terms and conditions of the Release. Motioned by Lary Tracey and seconded by Jeff Walker to continue
McRoy's administrative leave through September 13, 2002, and to establish the deadline of September 13, 2002, for McRoy to
r�, spond to the settlement offer and sign the Release. Motion carried. Vote 4 to 0.
%joti„n h„ i nrry Trar,Pv and cnr.nnded by Jeff Walker to make Edward McRoy's involuntary termination effective midnight
September 13, 2002, in the event he has not tendered a resignation and/or signed the Release by said date and time. Motion
carried. Vote 4 to 0.
Rcnecca asked McRoy if he had retained legal counsel. McRoy stated that he had not at this point.
. A i n n I i h Pr d 2002-2903 Tax on r a 2 i n.
Motioned by Larry Tracey and seconded by Charles Niswanger to place the Proposed 2002-2003 Tax Rate on the September
30, 2002 Council Agenda. Motion carried. Vote 4 to O.
Action on s2ti6ng the clg% tj= andP ar' nq on the P 2002-2003 Motioned by
Larry Tracey and seconded by Charles Niswanger to set the date, time and place for a Public Hearing on the Proposed 2002-
2003 Tax Rate as September 16, 2002, at 7:00pm at the Prosper First Baptist Church Youth Building, 601 S. Church Street,
Prosper, Texas. Motion carried. Vote 4 to 0.
7. Adiourn. Mayor Dunmire adjourned the meeting at 9:03.
a,.
Ma r Jim Dunmire
own Secretary Amb r Phillips