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02-11-1974 Minutes70 City of Salina, Kansas Regular Meeting of the Board of Commissioners February 11, 1974 The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, February 11, 1974, at four o'clock P.M. The Mayor asked everyone to stand for the pledge of allegiance to the Flag and a moment of silent prayer. There were present; Mayor Jack Weisgerber, Chairman presiding Commissioner Robert C. Caldwell Commissioner Norma G. Cooper Commissioner Mike Losik, Jr. Commissioner W. M. Usher comprising a quorum of the Board, also: L. 0. Bengtson, City Attorney Norris D. Olson, City Manager D. L. Harrison, City Clerk Absent: None The Minutes of the Regular Meeting of February 4, 1974, were approved as mailed. THE MAYOR PROCLAIMED the Month of February, 1974 - "BOY SCOUT MONTH". The proclamation was read by Darcy Anderson, an Eagle Scout. THE MAYOR PROCLAIMED the Week of February 17 through 23, 1974 - NATIONAL ENGINEER'S WEEK IN SALINA". The proclamation was read by Jerry May of the Smoky Valley Chapter of the Kansas Engineering Society. STAFF AGENDA AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE changing the name of a certain street located within the City of Salina, Kansas." (changing the name of Kennel Road to Brandau Road). Commissioner Usher moved to adopt the ordinance as read. Commissioner Cooper said she could not support the name change because she feels there are more appropriate ways of acknowledging the contributions of an individual than by naming something that is public domain in their honor. Commissioner Losik commented that he hoped we are not setting a prec®dent. Commissioner Caldwell seconded the motion and the following vote was had: Ayes: Caldwell, Losik, Usher, Weisgerber (4). Nays: Cooper (1). Carried. The Mayor approved the ordinance and it is numbered 8334. The ordinance was introduced for first reading January 21, 1974. A LETTER was received from the Metropolitan Planning Commission recommending the approval of Petition Number 3383 which was filed by Ashton Brothers, Inc., for the rezoning of Lots 6, 7, 8, Block 4, and Lots 5, 6, 7, 8, Block 5, Southern Heights Addition from District "A" (Second Dwelling House District) to District "D" (Local Business District). A motion was made by Commissioner Usher, seconded by Commissioner Caldwell to accept the recommendatio of the Metropolitan Planning Commission and introduce the rezoning ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. AM Mr. Meyer, 729 Merrill, was present to protest the rezoning, and asked for a delay until the next meeting. Mr. Meyer was informed he has 14 days after the Planning Commission meeting to file a formal protest. No further action will be taken on the rezoning until the meeting of February 25, 1974. Ordinance Passed: Number: A LETTER was received from the Metropolitan Planning Commission recommending the approval of Petition Number 3387 which was filed by Presley Builders, Inc., for the annexation of the area encompassed by the preliminary plat of Country Club Estates Addition, Blocks 3 through 12, as submitted in a companion Petition Number 3386. A motion was made by Commissioner Caldwell, seconded by Commissioner Losik to accept the recommendation of the Metropolitan Planning Commission and introduce an ordinance for first reading for the annexation. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: A LETTER was received from the Metropolitan Planning Commission recommending the approval of Petition Number 3388 which was filed by William J. Stover for the rezoning of Lots 10 and 11, Block 5, Replat of Faith Addition from District "A10 (Second Dwelling House District) to District "B" (Two -Family Dwelling House District). A motion was made by Commissioner Usher, seconded by Commissioner Caldwell to accept the recommendation of the Metropolitan Planning Commission and introduce the rezoning ordinance for first reading. Ayes: (5). Nays: (0). Motion carried. Ordinance Passed: Number: COMMISSION AGENDA "DISCUSS ADOPTION OF SENATE BILL 333, TABLED 10 DEC. 1973." (Sponsored by Commissioner Losik) Commissioner Losik said, "I sponsored this to bring it back as we had agreed on 60 days ago, and I think at this point, before I may have any other comments, chances are the rest will too, I would like to refer this to the President of the Firefighters Local 782, Jim Todd. I believe he is the one here to start out on this." "As far as contacting the other city employees. I believe, or at least I felt like I had the go ahead, or the union had a go ahead the last time we talked on December the 10th. Directly after that meeting I had a talk with Chief Bross, Assistant Chief Nichols and Mr. Harris, and I thought it was a very informative meeting as far as setting up this chain of command goes. I think we had a lot of things ironed out there at that point; however, it didn't turn out that way as it went along. Mr. Todd said, "My name is Jim Todd. I brought to the past Commission meetings - some previous meetings we have had on the Senate Bill 333. 1 think that we all agree it does have merit. It starts out from as far back as May of 1972 and that meeting, the basic reason it has been turned down is the fact of 51% of the city employees haven't shown interest and also the fact that the litigation of the firefighters have against the City. Okay. Mr. Caldwell, I think you were the one that brought up litigation because at one time, the last time I spoke before the City Commission I did in my capacity of a State officer, you said that you were a defendant and that you couldn't honestly say that you could be in favor of something as long as we have litigation. Since this time I have gotten correspondence from our attorney Shaffer, Charles Shaffer from Kansas City, 'In response to your recent inquiry, there are presently no law suit filed by the International Association of Fire Fighters against any Commissioner individually. We have two law suits pending, and he described what they are. No Commissioner has been a defendant for several months, we dismissed the last State case in which we had an individual Commissioner named, late in 1973. 1 am shocked that the Commissioners of the City of Salina have not been informed of these facts by their high priced attorneys. If you need any further information on this subject, please let us know. Most sincerely, Charlie Shaffer.' Okay, The City of Salina is not named, nor is any Commissioner. I think the only defendant, the only person that is named on there as a defendant is the City Manager, Norris Olson. "As far as contacting the other city employees. I believe, or at least I felt like I had the go ahead, or the union had a go ahead the last time we talked on December the 10th. Directly after that meeting I had a talk with Chief Bross, Assistant Chief Nichols and Mr. Harris, and I thought it was a very informative meeting as far as setting up this chain of command goes. I think we had a lot of things ironed out there at that point; however, it didn't turn out that way as it went along. F� 1 72 "I did get a copy of all city employees names on the 13th of December. Okay. I started looking up names and addresses and what have you in order to contact the various people. Alright on the 14th we had a departmental communications come out in the Fire Department, that in fact more or less said anything concerning the Salina Fire Department will go through the staff. Okay. Like I say, I believe that I had the Commissioners go ahead from the December 10t meeting, so therefore I never did mention this to the staff. On December 20th, I was approached by a Captain at my Fire Station and he did in fact threaten me that if the union did not take this through the staff, I personally would be repremanded for it, or I personally would get in trouble, was his words. I had five witnesses. They all felt the same way I did, that we better go through the staff, and I had already promised Mr. Harris that we would. So we did start going through the staff. This December 20th meeting this Fire Captain said all I had to do was merely make a telephone call to any one of the Captains and that I would be allowed into the meeting the first week in January. So I waited to find out when the exact date was in January. January the 7th I found out there was to be the staff meeting January the - January 7th I found out the meeting was to be January the 8th. They said that I was not allowed to go to this meeting due to the fact that Mr. Harris was to be there and it wasn't really a staff meeting. Now throughout the various Commission meetings that we have had, Mr. Harris has said that we could meet with him any time he wants to, but now, all of a sudden I am running into this - I don't know what type of tactic it is - I have never run across it before. Again, like I say, when I talked to this other Captain he stated the fact that the Chief could call a special meeting for me even though I was denied this January 8th meeting. I said that would be fine. I was contacted on January 10th again and said maybe I had been misinformed of the fact that I needed to put this in writing to the staff in order to get this special meeting. I said fine, I'll work with your staff. January 11th I did send a letter up the chain of command through the Fire Department staff requestin( that we have a meeting on the Senate Bill 333, the meet and confer bill. I delivered it to Captain Dunn, and he said that he would try to set this meeting up for the 14th, which was on a Monday. And he said in your letter it says that we - you - we want to meet with the staff. Who is we? I said now that is the executive board of the Fire Fighters union. And he said consisting of how many? And I said four. He said we only meet with two people. That is all we will meet with. Yet their communication said they will meet with any number of people any committees, anything like this, but yet I have been cut to two now. But I am still working with your staff. I requested that my vice-president, Don Webb, go with me to this meeting on the 14th, and Don Webb was on duty so therefore he was to report to headquarters for the meeting. On Sunday, the 13th, I got a round about message, it wasn't really via chain of command. My supervisor was never informed of the fact, my immediate supervisor was never informed of the fact that we were going to have this staff meeting, special staff meeting. In the process of their so called chain of command they completely left my fire lieutenant out of the picture. Now they had me telling him that we were going to have this meeting and that was fine, I did this because I was working along with your staff. Okay. Like I say on the 13th, I was told to call Captain Vaupel at Fire Department Headquarters and he did instruct me of the fact that the meeting was called off for the 13th and that it would be on the 16th. The reason being one of the Captains couldn't be there. Now that is permissible. I didn't argue this point at all. I said fine, I will meet with you the 16th. Okay, on the 16th we did meet with the staff. Again, my immediate supervisor at the Fire Department, who is Lieutenant Caswell, was not informed, so therefore we have a breakdown in our communications or your chain of command. "At this meeting they said it was more or less the local's problem, they said we could handle it in whichever way we deemed possible, and that - to have at it. My vice-president did make the comment that we would like to know if, going through the staff and the department head, if Mr. Olson could put out a memo to the various departments more or less just informing them of the fact that we were going to have this meeting on Senate Bill 333. Not pro, not con, just inform them that this meeting would be held for anybody who was interested. Period. And that is it. They said they would have to check about it, and they would let me know January 18th. On January 18th I was supposed to receive a telephone call from the Fire Chief, which I did not. The reason being that the Assistant Chief had contacted my vice-president the day before, so I did call the Chief to -find out what the deal was, and he stated that the fact that the staff, or Mr. Olson was considered supervisory personnel, he couldn't enter into this, 1 1 �J 73 along with our likes or dislikes. I asked if I could have this in writing because Assistant Chief Nichols had in fact told my vice-president that it was our baby, take the bulls by the horn, that there wasn't enough time to put out a memo, and when I told the Chief this, the Chief said that is in fact what they did say, they didn't have enough time to put out a memo. Again, this was on January 18th. Now if there wasn't enough time to put out a memo on January 18th, there wasn't enough time to contact all the city employees. So I think we have pretty well solved the problem there. "Okay, in the mean time, on the December 10th meeting that we had, Larry Bruzda did have a written repremand placed in his personnel file. I don't know how many of you are aware of it. I would like to give you a copy of this. (Copies were given to the Commissioners, Mr. Harris, Mr. Olson, and Larry Bengtsor So being threatened by a Fire Captain and with intimidating letters such as this placed in personnel files, do you really think that I am going to stand here and talk any more about Senate Bill 333? 1 have no more comment on Senate Bill 333!" Mayor Weisgerber said, "Now wait a minute, now. Let me ask you some questions. You have lost me completely in what you are trying to do. When you were here in December, you had had a meeting or two at the labor temple in which you asked the employees to go, in which you got no response to speak of from the other city employees. What we told you in effect and have said all along was I think that when over half of the city employees evidenced some interest in this we certainly would consider it. Now what you have been up to trying to have a lot of staff meetings about it for, I don't quite follow. What are you working on?" Mr. Todd said, "I had to go along with the idea". Mayor Weisgerber asked, "Why?" Mr. Todd replied, "Why? Because I had a Fire Captain tell me to take it through the staff or that I would be.." Mayor Weisgerber interrupted, "Take what through the staff?" Mr. Todd replied, "Senate Bill. Meeting with the other city employees. They told me if the Union did not take this through the Fire Department staff I personally would get in trouble, even though I had your okay. I got stopped right there. I have seen the best - that is one of the best stall tactics I have yet seen. From December 10th to January 18th. That is amazing." Mayor Weisgerber said, "This sort of thing doesn't go through staff. It goes through your own individual meeting, just like you had at the labor temple. There was no objection to your having that one." Mr. Todd said, "We had a lack of communication between the Commission and the Fire Department staff." Mr. Harris said, "I probably won't be able to straighten it out, because I haven't been able to follow the course of events presented by Firefight r Todd, but at the last meeting, or the close of the last meeting this was on the agenda, Chief Bross brought fire fighters Todd and Bruzda up here to visit with me, and my suggestion, as I recall at that time, was that they, just like the members of all our departments should try to submit their requests or recommendations to the staff of their respective departments, that personally I thought that they would accomplish much more if they operated in that way, and this was the vehicle that has always been open to them as well as to all our employees to have any matter considered. Now, so far as the item of Senate Bill 333, when the Chief came to me wanting to know if City Hall, or the City Manager would put out a memo to all employees about such a meeting being held, I told the Chief that I thought that it would be inappropriate for the administration to do it. To play any part in it. Any role in it. I felt that there were plenty of means of communication available to them, particularly through the public news media to make all our penple aware that such a meeting was being held. I felt that if we took any part in it, putting out any type of communication about such a meeting that someone was going to misinterpret it, would try to take advantage of it, and say that the city administration had either done something to interefer with ,7 4 Mayor Weisgerber said, "I think so far as the Senate Bill, or unionism is concerned, the staff has no part either in it or out of it. It is something you leave alone. It is something that is strictly up to them to promote on their off time and on the city employee's off time. That is the way it is done in industry and I see no reason why that isn't the way it would be done here. I think that is what the attempt was made earlier in December which failed, so I think they are looking for another out.,, Mr. Harris said, "Mr. Mayor, I would make one further comment. We did discuss this with the City Manager, other members of the staff, as to whether or not we should, as a staff, as the administration, hold an informative type of a meeting; perhaps bring someone out from the League of Municipalities even, in an effort to try to get the information out to all city employees as to what this bill is, what it provides for, so that when they did express an opinion or cast a vote in any way on it, that they would be informed as to what they were voting for or against; but our discussion was that it would be inappropriate, that someone would be bound to misinterpret it, that we were making an effort to undermine it." Mayor Weisgerber commented, "I have to think,if we boiled it all down, the truth to the matter is they are not making any headway with the other employees, but - well anyway - are there any other comments? We have been over the ground a great many times before, and if there is something new to be added, that is fine. I hate to re -hash the same old things over and over." it, or in some way not to get the word out to people, that if someone didn't get the word, then it was liable to come back on the administration that we had not done the proper job; so on that basis I told the Chief that I felt we should not put out such a memo, and I did that without discussing it with the City Manager. I later, and before the Chief went back to his staff with it, I did visit with the City Manager and he concurred with my thinking on it. I feel that the local had every opportunity to make known a meeting if they wanted to set one up. I think the Commission had commented here that day, that they could hold it right here. This is a public building. I don't feel that it would have made any difference in the 'participation of employees, the attendance or anything else if the administration had put out such a notice. I don't feel that by our not doing it that we obstructed it in any way. I think there was plenty of opportuni plenty of means, for them to get their message conveyed. Now, I have worked quite closely with Chief Bross and his staff here in recent months to try to create a better relationship and a better atmosphere than we have had over the past few years, and I have been told by the Chief and by his staff that they have been very encouraged by the efforts, and here we see a very deliberate effort to undermine that - to take advantage of a conversation that was made in good faith. I don't know of anything else that I could add at this time." Mayor Weisgerber said, "I think so far as the Senate Bill, or unionism is concerned, the staff has no part either in it or out of it. It is something you leave alone. It is something that is strictly up to them to promote on their off time and on the city employee's off time. That is the way it is done in industry and I see no reason why that isn't the way it would be done here. I think that is what the attempt was made earlier in December which failed, so I think they are looking for another out.,, Mr. Harris said, "Mr. Mayor, I would make one further comment. We did discuss this with the City Manager, other members of the staff, as to whether or not we should, as a staff, as the administration, hold an informative type of a meeting; perhaps bring someone out from the League of Municipalities even, in an effort to try to get the information out to all city employees as to what this bill is, what it provides for, so that when they did express an opinion or cast a vote in any way on it, that they would be informed as to what they were voting for or against; but our discussion was that it would be inappropriate, that someone would be bound to misinterpret it, that we were making an effort to undermine it." Mayor Weisgerber commented, "I have to think,if we boiled it all down, the truth to the matter is they are not making any headway with the other employees, but - well anyway - are there any other comments? We have been over the ground a great many times before, and if there is something new to be added, that is fine. I hate to re -hash the same old things over and over." Commissioner Losik said, "I have a question. Now there are some of us that have no objections to this and there is others that do. We have had many, many reasons as to why we should not adopt this bit of legislation at this time. We have had the fact that 51% of the city employees didn't indicate they wanted to be in it. We also had this litigation idea, and then we also wanted tc take time to study it further. Now, speaking to the last one first, the time to study it further, I think we have had ample time to study this legislation. As far as the litigation, I don't think that is really a problem at this point from the standpoint of adopting this, and the fact that 51% of the employees have not indicated they wanted it is also not a factor in that the legislation itself indicates, and this was stressed and borne out by the League of Municipalities,that many communities are adopting this without any employees even asking for it. Now the reason being is that the League of Municipalities and every municipality, regardless of the level of government it is at, plus your school boards, your counties, and all of them are realizing that this thing of labor relations is becoming a very, very important thing. It is not a matter of whether we are going to go under this, it is just a matter of when. I think that what was going to happen - we all holler about the Federal Government and the States puttin' this stuff out on us - chances are it serves us right when they do because we don't do it ourselves, and in many cases if we would do things like this ourselves we would eliminate many of the inequities that are built into the legislation at state and federal levels. We also have one of the most important things in this, and I think that is a break from the standpoint of the governing body - is that if we were to adopt it and decided that it were a mistake we can pull right back out of it by resolution the same as we adopt it. h -R The point right at the - the way I see it right now is not whether we recognize a union or whether it is a union, or regardless of what the bargaining unit is called, we have built personalities into this thing already, and this is what we are trying to eliminate. We are trying to look at an overall program. We have tried many things in the past to see if it will work to see if we can do better for our community and our people. We recently passed a Human Relations Ordinance, to make sure that the other employers in this community give individuals a fair shake. Now gentlemen if we go ahead and not give our city employees the same consideration that other employers are forced to give, then we in fact are discriminating against the city employees who in fact are a minority. Anyway you hack it the minority is not built in strictly by race, creed or color. So what I am saying is that I think we ought to look at the legislation as what it is, not that the fire fighters union is asking for it, not whether the rest of the employees are asking for it. I would hope that we would adopt this, and if it isn't working by the same vote we can reject it and get out of it. Now what is there to lose by doing this, because it certainly - this thing keeps coming around and coming around. I know we have gained a little headway, but it is obvious to me that the surrounding communities are adopting this, there must be a reason for it. We are supposed to be a city on the move. Many of the communities in this State look to us for guidance and leadership in many ways. They follow our example, and in this case we are just taking and passing it off and building in excuses as to why it shouldn't be adopted. I don't know what there is to fear. We do have an out on it, and I would like to make a motion we adopt it." Commissioner Cooper said, "I would like to hear a second from someplace else, but if I can't get it, I'll do it." Commissioner Usher said, "I just want to say one thing, and that is you refer to Human Relations and ordinances. It would seem to me that if we weren't treating our employees fairly that we would have heard something by now about it; and as far as every community around us accepting this ordinance or this Senate Bill, our sister city down south in Wichita turned it down; and I just don't, perhaps Mike you might be right that eventually we will have this, but I don't think that this community is ready for it now. If it really were, I think we would have heard more than what we are hearing right now." Commissioner Losik said, "Bill, like I say, you could, what you are saying is, is the same; your opinion and my opinion differ, but we are eligible to have these opinions; but it appears to me that just west of us here in the same building they just recently did it. Now I don't know what it takes to - I hate to have a crisis of some kind come up before we realize or say gee we have been hit in the head. We have had it called to our attention. We make provisions in advance on everything else. We budget our moneys, we program our equipment, and again the League of Municipalities has said it time and again that we better start getting prepared for this thing. Work with it. If it works fine, if it don't, again all we need to do is back up. With an option like that how can we lose?" Commissioner Cooper said, "I don't know, but the last I heard the Wichita Commission was - I don't think it was a decided issue. I think it is something that t'tey are still considering. I don't know that that is the latest, that happens to be that all I heard about it, but I do know that other communitie have adopted this and it hasn't been quite the horrendous thing that this Commission feels that it would be." Commissioner Caldwell said, "I would only say that Fireman Todd mentioned he couldn't receive the 51% of the city employees would have an interes We have been talking about this for a number of years now, and to me if we have . been talking about this, whether you had a petition or not, if you have enough interest to back this program at all I think other city employees would come to your rescue and say we want this program. Now, where you have - you say again you have been threatened which I rather doubt. I don't see - at least you have gotten some communication that you didn't say you had before. The last time you were here you said you failed to have communications with the staff, but at least you have made some steps in putting that step forward in reaching th staff. I feel that if this Senate Bill is a going thing I am sure with all the t Ik 76 we have had in the last year or so, that the other city employees would come to your rescue as I mentioned before and say yes we want Senate Bill 333. And this is what we left with at our last meeting. That you attempt to contact the other employees and I don't know whether that is left up to the staff to do that, or the aggressor who wants it; although you did mention that no City Commissioner is being sued now, I go along with that; but at the last meeting we heard from you fellows saying that there would possibly be 2 or 3 other law suits, so we don't have anything to go on there. Possibly we may be called in again." Commissioner Losik said, "I just have one question. Now, at this point, at this point what is the actual manner in which - say a city employee for a department is authorized to contact city employees in another department regardin this issue? Now what is the exact procedure that they can legally do, now I am referring to the personnel manual, to the chain of command. I am referring to the staff. Just what would be the legal procedure that an individual could go ahead and pursue this?" Commissioner Caldwell said, "I think you have department heads. That would be one place I would start. I would get the department heads together, and see what they think about the issue. I haven't heard of any other department heads other than the Fire Department that has pursued this. I would like to make one other comment. I have never heard any other Commissioner here say he had approached any other department about this. It always comes up through the Fire Department only. And I have never heard any Commissioner say that they have tried to contact any other department in the City to see what they thought about Senate Bill 333. It always comes from one source; so to me this is rather leading, it is a biased thing. I think if we are concerned about the City we should talk to other commissioners, other departments about it. This is my feeling about it.,, Commissioner Losik replied, "Bob, let me answer that. Do you feel it is appropriate for you as a City Commissioner to go to a department head and ask him to talk to his people and visit with them regarding this thing?" Commissioner Caldwell said, "I can only answer this, today you brought this issue up and you said before you said anything you would have - you would like to hear from someone from the Fire Department. Now I am quite sure that the Fire Department didn't call me that they were going to ask me that question. That they were going to be here, but when you started your comments you said I would rather first hear from someone from the Fire Department." Commissioner Losik said, "That is right Bob, and I stated the head of the union." Commissioner Caldwell replied, "Now, I am only going to go on what you said. How did you find out that the Fire Department wanted you to say that? Now you must have approached somebody or they approached you. I am not saying you approached them, I wouldn't say that. But some way there is some communication going on somewhere if they knew the Fire Department did it, but you didn't know anything about the other departments, now that is the only logical answer I can give." Commissioner Losik said, "Alright Bob, I can answer that very straight. It is not a matter of assumption, it is a matter of fact. The records reflect as you stated, it is only one department that has been pushing for this. The Fire Department. Do you - I know you know that Mr. Todd is the president of their union. You recognize Mr. Todd when you see him." Commissioner Caldwell replied, "I know Mr. Todd." Commissioner Losik said, "It was all very obvious to me that he wouldn't be here at this meeting unless he had something to say about all this. Now, that is just as obvious as us sitting here; so and then I might add the gentleman sitting back there that had a protest or petition. I don't know him from Adam. I never talked to him. I just as a matter of record asked the Mayor to go ahead and see if there was anybody protesting this; so I think we do this as a matter of routine, and it so happens because of the familiarity of the individuals who have been bringing this up, Now getting back to what I said, I asked one questio before and never got an answer to it. What would be the appropriate legal method for a city employee to contact other city employees in other departments to discuss this thing? I still don't have an answer to that." 77 Mayor Weisgerber said, "Get it from your legal department." Mr. Olson stated, "Without too much conversation there was a meeting called, and I don't know how it was called. You (referring to Mr. Todd) had a meeting and you invited some, or a lot, or everybody. I don't know who was invited; but I do know... (Mr. Todd's comment ..??) yes at the central labor union." Mayor Weisgerber commented, "Yes, there is nothing wrong with that." Mr. Olson said, "As far as I know this is appropriate." Commissioner Losik said, "Alright, this is right, but we are talking now - there seems to be a problem in differentiating what hat the gentleman is wearing when he comes here. He is being accused of being a firemen in one point, and then he is also here in the capacity of a union official. Now this is what I am trying to say. Is he authorized, wearing the union hat, to contact these people on an individual basis, or isn't he?" Mayor Weisgerber said, "He is outside of work." Commissioner Losik replied, 11That is what I am saying, alright, then that answers that." Mayor Weisgerber said, "I don't think that legally, from a legal point of view, you can either urge him to or urge him not to." Commissioner Losik said, "No, I am not." Commissioner Caldwell asked, "Would it be permitted, I know we asked for a survey some years back to the city employees, could it be within the realm of the Commission that we pursue that to see. I would like to see what the outcome is. I keep hearing there are only 45 or 50 people come to these meetings. I would again like to pursue the idea of sending out a questionnaire to the city employees to see what they want to do, because I keep hearing the same story over and over, and no one seems to get to the other employees." Commissioner Losik said, "That is an excellent idea." Mr. Olson said, "Mr. Caldwell, that was a very sincere effort on behalf of the five City Commissioners at that time and you were criticized by some employees for the manor, method, and wording, and the fact that it wasn't understood. I mean there were many objections raised to that particular questionnaire that went out at that time." Mayor Weisgerber said, "I think you can have no part of it." Commissioner Losik said, "I want to see what would be the legal method." Mr. Olson said, "I have been conspicuous by my silence over the past several months and years, of course. I merely want to support what Mr. Harris said and our conversations whether I, as City Manager, or he, as Deputy City Manager, should, or could, draft a communication to all city employees concerning this specific subject. Now in all candor and in all honesty, I must tell you that I do not feel that I can. Even though the League of Municipalities has on several occasions mentioned that administrative people can visit with departments, can visit with groups, can explain Senate Bill 333. We have chosen not to do this, and we have very carefully chosen not to do it for a definite reason. Back to my candor and honesty point, I have been mentioned in 5 law suits, as many as 10 to 20 allegations that I very honestly and sincerely cannot comprehend what some of the allegations refer to, or mean, or the instance involved. I feel so certain that if we were to send such a communication that there would be misinterpretation, misstatements, relating to the communication. I am sorry to have to say it, I feel this way, and I think I have my rights to my feelings too; and I think this is about all I should probably say because I think that all of you are aware that being involved in litigation you don't stand up and make a lot of statements." Commissioner Caldwell asked, "Would it be permitted, I know we asked for a survey some years back to the city employees, could it be within the realm of the Commission that we pursue that to see. I would like to see what the outcome is. I keep hearing there are only 45 or 50 people come to these meetings. I would again like to pursue the idea of sending out a questionnaire to the city employees to see what they want to do, because I keep hearing the same story over and over, and no one seems to get to the other employees." Commissioner Losik said, "That is an excellent idea." Mr. Olson said, "Mr. Caldwell, that was a very sincere effort on behalf of the five City Commissioners at that time and you were criticized by some employees for the manor, method, and wording, and the fact that it wasn't understood. I mean there were many objections raised to that particular questionnaire that went out at that time." 1 1 Commissioner Losik said, "Bob, there is no reason why we couldn't clarify and get a good questionnaire made up that would be very simple, to the point, and it certainly would give us an indication. I see nothing wrong with that." Commissioner Caldwell said, "It seems as though the people that are really concerned could draw up some type of questionnaire. They know the right questions to ask these folks. I don't, but I would like to get some clarificatior on just where we stand on the city employees. If the bulk of the city employees want it, then we may have something else to talk about." Commissioner Losik said, "That is great Bob, I would like to see that." Mayor Weisgerber said, "But isn't what you have said too, that if they favored this, we would have heard from them? I think a person can get involved sometimes in unsuspecting legal entanglements. You have to be awfully careful in what you do and don't do along this line, under the rules of the National Labor Relations Act. I am not sure where we would stand legally on this at all, but it has always been my observation that if there is a group working within an industry that wants a union, it is up to them to do their own work. There has been a great deal of difficulty across this Nation with some of the city union activity, particularly with fire activity, more than any other, and before a person makes any move at all you need to know where you stand from a legal point of view. I think we have been divided on this as a Commission for low this long a time. I feel like perhaps we should just as well set this back either until we hear from the employees on their part or from the efforts of the Fire Department, or else until the Commission changes, one or the other, because we deadlock every time, in the same way over this same proposition, and as nearly as I see aside from the fact that the City has won a number of the law suits we are exactly now where we were when we first started. The City has gained in winning the various law suits that have come along. There is still one - two involved - in the civil rights, the Federal suit, is the only one that is still involved. Everything else has been set down and dismissed." Commissioner Caldwell commented, "I think, according to the minutes of December 10, 1 think that Fireman Bruzda mentioned that there were a few municipalities coming under this Senate Bill 333. He named two - Manhattan and Great Bend. Mayor Weisgerber said, "He named Great Bend in error. They voted not to.l" Commissioner Caldwell said, "But I mean those are the ones he named; but there haven't been too many cities to adopt this; so I think that would be some clarification as to want the bill is all about. We don't have too many cities that have accepted it." Commissioner Cooper said, " In an issue of our Government Journal from the League regarding different departments in communities that had voted for some kind of organization didn't necessarily mean a fire fighters union or anything else, but I think in the February issue, they did give a breakdown on that, and Bob, when you say that you would like to have some kind of an opinion poll or whatever it is, I think when Mr. Bruzda was here in December he suggested the same thing that the issue could be resolved one way or the other very easily; just simply by having a ballot among city employees and this would determine and we wouldn't have this conflict, they do or they do not want 333. How difficult it would be I wouldn't know, but it doesn't, on the surface,appear like it would be this complicated or this difficult, either one. Just simply to have the City employees vote yes or no, doesn't seem that strenuous an excercise, but I think it would give the Commission some kind of an idea of how genuine the desire is on the part of the city employees for 333; and then it would either be a dead issue or something which you would pursue, as far as I am concerned anyway." Commissioner Losik commented, "Bob, I would like to go along with your suggestion on that if you still have it. I think it would solve a lot, because then the figures would be there." Commissioner Caldwell said, "I don't know what the City Commission could do about it if it is some legal matter." 79 Commissioner Cooper said, "It isn't a legal matter. The City Commission is still in the same position it has always been in, there is nothing that requir them to adopt 333 unless they want to, but it would resolve whether the city employees do want it or not. Now, whether the Commission wants to adopt it is still their choice." Mayor Weisgerber said, "At the moment we have a motion before us." Commissioner Losik asked the City Attorney, 11Is there any reason this can't be pursued? Why we couldn't send out the questionnaire?" The City Attorney replied, "As the Mayor alluded to, Management is always in the precarious position of not wanting to influence, in any way, its employees to not join or to join. I would think, as possibly Mr. Caldwell has indicated, that if and when the employees express an interest to you that they are in favor of it that you would certainly reconsider. I see nothing wrong with the firemen, or any other members of the City, if they would wish to petition you. They can circulate a petition and present it to you stating, yes we wish for you to adopt Senate Bill 333, and certainly he can contact these employees. He has indicated he has every one of their names. If a meeting is impossible, if he wishes to contact these people, they may wish to petition you. If it is signed by 51', you would pretty quickly know." Mayor Weisgerber commented, "This is the way it should be done." Commissioner Losik said, "That isn't the answer. You didn't answer my question, Larry. I asked you, is there a legal reason why this Commission can't ask for a survey to be made and without the names of the -- in other words -- in such a manner so that their name is not on a petition to be shown to everybody and everything, except to the members of this commission?" Commissioner Usher asked, "Why wouldn't they want to sign a petition?" Commissioner Losik replied, "Well now Bill, you are a grown man, I don't think I need to answer that." Mayor Weisgerber said, "Ah, come on Mike. In this day and age you can sign or not sign and you are free to do as you like, you know that." The City Attorney said, "Normally this is a matter which is not - the employer does not take the vote among his employees whether they want to or not. This is something for a group that comes in and attempts to organize them, build support and take a vote." Commissioner Losik asked, "Is it illegal for us to do this?" The City Attorney replied, "I would hate to say yes or no." Commissioner Losik asked, "Could you get us an answer?" The City Attorney replied, "I am not sure because I don't know if it has ever been determined whether a municipality falls under this National Labor Relations Board or not. I would attempt to find out." Commissioner Losik asked, "Would you please?" Mayor Weisgerber said, "We have a motion now that simply says that we agree to adopt Senate Bill 333. 1 think we have had enough discussion. I think we should take a vote on this." Ayes: Cooper, Losik (2). Nays: Caldwell, Usher, Weisgerber (3). The motion did not carry. royal LOJU Mayor Weisgerber commented, "I would like to come back again to you and tell you what we have told you several times, and what you darn well know and that is that if you want to circulate a petition, if you want to get names on cards, whatever you want to do this is the way it is generally done. There is no reason why it shouldn't be done this way. It is not going to be done through the staff, it is not going to be done through city time. Work on it on you own time. If you get the names in this thing, then sure we are going to pay some attention to it, and we have told you this repeatedly, and that is why I say I don't think you have any success with the other employees or surely by this time you would have been successful in this. There is nothing to be ventured by doing this, whatever. No penalties connected with it to you, no penalties connected with it to the person who signs or doesn't sign. You just can't do that legally in this day, and that is the procedure you should go through to do this. I know, I for one, if I felt that 51% of the city employees were anxious for this it would be an entirely different feeling so far as I am concerned; but I have to feel that from all that has been evident so far that there is a small group of firemen who are pushing this, they are a very tiny part of some 330 or 340 employees and no one has proved different although you have the opportunity to. Commissioner Losik commented, "I'd bet a king size coke that if 51% of the people indicated that it would still turn out on a 3 to 2 vote." Mayor Weisgerber commented, "No, I don't think so, not at all.17 Commissioner Usher said, "We are a great commission for petitions, Mike, if they come in with 51%, I'll be the first one to make the motion." Commissioner Losik commented, "I seen one here denied with over 2,000 names on it, Bill." Mayor Weisgerber said, "Well, that is.." Commissioner Losik interrupted, "..that is different. Every one of them is different." Mayor Weisgerber commented, "This is an entirely different situation all the way. That is right.1° Commissioner Losik asked to proceed with the public agenda. Mayor Weisgerber said, "I want to point out that we have said this repeatedly and we are not changing the position that we have been in." PUBLIC AGENDA PETITION NUMBER 3398 was filed by Ben J. Frick for the rezoning of the South 45 feet of Lot 26 and all of Lot 28, Block 6, Bonds ,Addition from District "B" (Two -Family Dwelling House District) to District "C" (Apartment District. A motion was made by Commissioner Usher, seconded by Commissioner Losik to refer the petition to the Metropolitan Planning Commission. Ayes: (5). Nays: (0). Motion carried. A LETTER was received from the Urban Renewal Agency offering to dedicate, subject to final concurrence by the Department of Housing and Urban Development, river bank area in the Northeast Industrial Park Urban Renewal Project. Mr. Worth out with the Board explained there might be a zoning problem of Zoning Appeals. that would be worked A motion was made by Commissioner Usher, seconded by Commissioner Losik to accept the dedication, provided it is in concurrence with HUD. Ayes: (5). Nays: (0). Motion carried. C� • A CEREAL MALT BEVERAGE LICENSE APPLICATION was filed by Carole Barker, d/b/a The Tap Room, 249 North Santa Fe Avenue. (New). The City Clerk reported the applicant has paid the required fee, and the application has been approved by the Health Department, Zoning Officer, and the Police Department. A motion was made by Commissioner Losik, seconded by Commissioner Usher to approve the cereal malt beverage license application and authorize the City Clerk to issue the license. Ayes: (5). Nays: (0). Motion carried. A REQUEST was received from Tim Linenberger to appear before the City Commission to present a park proposal for his Eagle Scout Community Service. Tim Linenberger said, "I took a survey to see if the people wanted a park or not. 45 out of 47 wanted a park. "The boundaries covered from South of Cloud, West of Ohio and East of 9th Street. Before I took the survey I visited with Keith Rawlings, the City Planner, to find a satisfactory location. He said the field north of Magnolia and West of Quincy is being thought about as a business district and the area still has leftover land that could maybe be good for a park if the desire of the public was good enough." The Commissioners accepted the proposal, and thanked Mr. Linenberger for his interest in the public welfare, and commented it might be worked out for the future. A MOTION was made by Commissioner Caldwell, seconded by Commissioner Losik that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion carried. D. L. Harrison, City Clerk