Special Called City Council Meeting

SPECIAL CALLED CITY COUNCIL MEETING

Thursday, March 3, 2016 – 5:00 P.M.

Council Chambers– Denison, Iowa

A special called City Council Meeting of the City of Denison, Iowa was held pursuant to law on the above date and hour. Mayor Pro-Tem Bonner called the meeting to order with the following memberspresent: BONNER, CURNYN, DESY,LOESCHEN, MAHRT

Mayor Pro-Tem Bonner informed the public that he was conducting the meeting per Iowa Code Section 372.14 and the purpose of the meeting is a public hearing, requested by Ray Ohl, under Iowa Code Section 372.15. Bonner read the Order for Removal From Office which was filed by Mayor Leinen on Feb. 5, 2016. Bonner read Ray Ohl’s letter requesting a public hearing. Bonner noted that Mayor Leinen was present with attorney, Todd Argotsinger and Ray Ohl was present with Union Representative, Todd Bell. Bonner explained that this meeting is restricted to discussing items related to the dismissal from office, which he previously read in the Order for Removal From Office. This is a hearing, not a meeting in which public comment is allowed. He asked that the audience refrain from commenting. Bonner then turned the floor over to Mr. Ohl.

Ohl said he had been denied access to information to prepare for this meeting. City Attorney, Franck, told Ohl that if he felt he was denied the opportunity to secure evidence, he could request a continuance. Franck asked if he would like to consult with Bell. Ohl and Bell left the room to consult. On their return, Bell said they would continue. Franck said for the record and to be clear, you have been offered a continuance to secure evidence and have elected not to do so. Ohl responded, yes sir, that is correct.

Ohl apologized that he did not make binders, like he did the first time, and asked Franck, if council could use Franck’s copy. Franck clarified that the binder was the same binder Ohl had presented to the Mayor at the hearing held before the Mayor. Ohl then responded to the items listed in the Order for Removal From Office and referred to the binder as evidence.

Attorney, Argotsinger, presented Exhibits labeled A, B, & C as evidenceto the City Council for review and also called Sgt. Trejo as a witness for the City of Denison.

After both sides were finished presenting information, City Attorney, Rick Franck, went through a draft listing of findings he had prepared. After discussing each item and making some changes, there was a motion made. Motion Mahrt/Curnyn to adopt the findings, with the changes, and authorize Mayor Pro-tem, Bonner and City Clerk, Koch to sign the findings. Ayes: 5 Nays: 0 Motion carried.

There being no further business, the meeting was adjourned at6:50P.m.

Signed ______

Brad Bonner,Mayor Pro-Tem

ATTEST:

______

Lisa Koch, City Clerk