Cc Meeting - Special Meeting

motion agenda. Do we have discussion? Yes. Um I would like to make a counter motion that we conduct this meeting in open session. According to the Virginia code, it says that um public bodies may hold closed sessions only for the following person uh purposes which are discussion, consideration, interviews of prospective candidates for employment. It says we may, but it doesn't say that we will or we shall. So, I'd like to make a counter motion that we discuss this in open session.

I don't mind, but I would like to refer to legal first. personnel. Uh would you define personnel uh when a person has not been hired as personnel? It's a difference between consideration of a candidate and personnel.

Could you could you tell me where that's written? under the may under May. Yes. Well, I have a motion. If there's not a second, it dies. A second for the

to have it in open session. having an open session. Is there any discussion having an open session?

All right, kitchen.

No, we're not not taking the vote. We're we're discussion. discussion about I will I will withdraw my motion going to what my colleagues want. I will support whatever the consensus of council is.

All right. So, but but the public will be aware of the motion when we come out of close session. So, that's correct. We just ask that you all wait. Yeah. Because they only she didn't or she failed to mention that we only have one subject to discuss. Well, I think we open session. That's correct. That's correct. We can't vote. We can't vote and close you. You'll be aware. All right.

So, so we have to we withdraw just cancels it. Is that correct? Okay. We just move on with the original motion to accept the uh agenda please. Um any any further discussion? Right. Dr. Johnson. I I I I I and I thank you very much. Um so would I get a motion to go into close session? Before we do that, I'm hearing that there's no the live's not working right. We know that. Oh, I'm sorry. I I I missed that. I'm sorry.

Thanks for that. We'll make sure that we're keeping an eye on that. I move that we enter into close session pursuant to 2.2-3711A1 of the code of Virginia for discussion, consideration or interviews of prospective candidates from the positions of city attorney and city manager. The subject matter of the closed session is confined to those specific personnel matters. Have a motion of a second. Second. All right. Motion second. Any discussion on this? All right, Dr. Johnson. I I I I

I All right, ladies and gentlemen, we're going into close session. We're going to go in the back room here.

Guess we're'll be just a moment. All right, Mr. President, make a motion to come out of close session. Have a second.

Second. Have a motion and a second. Any discussion? Vote. Dr. Johnson. Kind of come out of close. Just a yay or nay to go come out of closure. I I I I I I and I. All right. Motion carries. Mr.

I move to certify to the best of each member's knowledge one matters. One, only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act. And two, only such business matters identified in the motion to convene the close session were heard, discussed, or considered in the close session. Um, motion certified. I certify. Certify. I certify. I certify. Certify. I certify. And I certify. Thank you very much. Do I have a um motion to accept the employment agreement with Mr. Thrower?

Make a motion to accept the sign contract by Brian Thrower to be city manager for the foreseeable future. All right, I have a motion of a second. I'll second. All right, a motion to second. Discussion on the motion. Being none, I'll take the vote. Dr. Nelson. Nay. I nay nay nay I and I. Motion does not carry. All right. Um

I would like to make a motion replacement motion. I would like to make a motion that we have Sand Anderson reach out to Miss Rosyn Oglesby to see if she'd be interested in returning to the city of Franklin as city manager. Second. Um, well, we have a motion and a second. Do we have any discussion? So, that's not We can't We can't Well, if you won't reach out to or have our human resource director reach out to Miss Oglesby, we would prefer

Well, it wouldn't go to Sans Anderson. You're talking about You're talking about Berkeley Group. No. Okay. No. We have our own human resource director person. She can reach out to Miss Oglesby and let her know that we're interested in her returning to the city of Franklin as city manager. So, you have a motion and a second. I have a motion and a second. Discussion on that.

What my discussion is what was legal about to say before she was interrupted? How is it not appropriate for you all to draw up a contract when you all do draw contracts for us?

Sorry, I needed clarity on that. Thank you. Thanks for clarity. So the The question I have is, do you care who it is that reaches out to her? I would prefer it be Miss our our people, not Berkeley Group, but um our human resource department. And I call for the question. Called the question. That that ends the discussion. All right. Call the question. Ends the discussion. Um vote yay or nay. I I'm going discuss this for the 18th time. Call A question you can't discuss. Human resources manager hire her supervisor. So then you be your vote be no.

Okay. So I actually I'm So it's a motion. So I got to vote. So yes. I um I can't discuss it. Um

I have no objection to being back. I just I think we should follow proper procedure to do it. Proper procedures that you Yeah. I would vote yay. Motion passes. I'll make a motion that we adjourn. Second. I make a U substitute motion, please. I I motion that we I'm sorry. Close. Yeah, that's close session.

I I move that we go into close section to to just to just to discuss the procedure on personnel. Same section.

I I I made a I made a substitute motion. Was the motion second? Do I have a second? Second. Okay. Thank you. Motion to go into close session discussion. I need some clarification, please. That's why I want to go to close session to get some clarification. But the motion is to go into close session and it was a second. So my discussion point is while we going to close session just for some clarity. Yes, we need clarity. We just don't go into close session for close session.

No, we're going to close session. My request to go into close session is because while I'm not in objection of Miss Oglesby, I think it's been clear over the over the legal is the legal that's not the subject for the motion for my motion. It is and and you know the losing side does not get to bring back a motion. That's right. I'm not I'm not trying to Right. But there was only there was a motion made. It was properly second and everybody voted. He tried to introduce.

No, I voted. I voted. I voted yes. He said substitute motion. No, my request is how to properly proceed on your motion. Not the fact that that we make make another offer towards her. But the proper procedure I don't believe the proper procedure is for personnel. Personnel has recused herself from that over and over again. But the motion was made and voted and won.

And also, Mr. Mayor, all due respect, we're not asking the city uh uh uh human resource director to negotiate. We're just having them reach out to us. She can say yes, she's interested. At that point, council can decide whether uh Berkeley is going to negotiate or an attorney is going to go or we going to negotiate. But all we wanted, all we wanted for human resources that they make the call, reach out to Miss Holesby. They know each other. They're comfortable. they work together and say that you know the city would like to you to consider I'm not I'm not I'm not opposed to that then that's all we're asking

sorry was Well, actually, actually, we got something trumps that um in the sense that the city attorney is to give us legal advice as to not be breaking the laws, but I don't see why if the city manager, who is right here, knows the will of council, he would go against the will of council. Now, if he wants to be the one to tell the he I mean, um, Chimera to reach out to Miss Oglesby, I have no problem with with the city manager expressing the council's will to

Are you on Are you Are you try it again? Okay. Okay. Sorry. So, if we're gonna continue to talk, we have now straight into personnel. Um, and I recommend that you all go, my legal advice is that you all go into close session to talk about how you wish to assign responsibilities because that's the only way and I do as well,

but that is still personel. So if someone wants to make a motion to go into close session, great. That's my advice. Well, I think we made clear to the city manager our wishes. Now, if he if he chooses not to do that, then that's up to him. I don't either. That's ridiculous.

Um Mike, go ahead. They're all bad. My question for council would be what's your directive if um the prospective candidate is not interested. What would you That's what I would like to discuss is what the next step would be as far as you guys have to start recruitment or something. And we would like to like discuss that after after you find out whether she's interested or not. Then we can talk about what the next step is. Then we'll discuss that. Well, actually

there is a Monday council meeting. We could plan to have a closed session at the outset of that for an update and discussion of next steps. So that's imable to council. We'll put it on the agenda. All right. I'll take a motion to second. No. So move second. I as far as purpose of um discussion, you can cut me off if you try, but I'm not going to start at the top. When skin tone plays a major role in every decision we make, it's a sad day.

I I agree. It's been sad for 400 years. On Black History Month, he makes a statement like that. Go ahead. My goodness.