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Outside counsel advises council Feb. 9 removal was effective; council votes to record removal effective Feb. 23 if court later finds otherwise
Summary
City attorney William H. Hefty told council his review concluded the Feb. 9 motion to consider termination of the city manager was effective; council subsequently passed a motion to state that, if a court finds the Feb. 9 vote ineffective, council removed the city manager effective 02/23/2005.
William H. Hefty, outside counsel with Hefty and Wiley, told council he reviewed the Feb. 9 meeting tape and concluded that the Feb. 9 motion to consider termination of the city manager "was effective." Hefty recommended that council adopt a fallback motion to make council’s intent clear in the record: that the city manager be removed effective Feb. 23, 2005, if a court finds the earlier vote ineffective.
Council considered the suggested motion; a member moved the fallback motion and it was seconded. The council called the roll and the motion passed. The motion records that, should a court later determine the Feb. 9 vote was not effective, City Council removed Mr. Wallace as city manager effective 02/23/2005.
