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HomeMy WebLinkAbout1981-12-17MINUTES ADJOURNED CITY COUNCIL MEETING THURSDAY, DECEMBER 17, 1981 CITY HALL COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Wilson reconvened the Adjourned Meeting of the City Council at 6:00 p.m. in City Hall Council Chambers. II. ROLL CALL Present: Councilman James E. McPherson Mayor Pro-Tempore Alexis D. Newbrander Councilman Romeo S. Puluqi Councilman Walter H. Snyder Mayor S. Roy Wilson Also Present: Martin J. Bouman, City Manager David J. Erwin, City Attorney Carlos L. Ortega, Assistant City Manager Sheila R. Gilligan, City Clerk Ron Cathcart, City Building Inspector Ralston Calvert, Former City Building Inspector Jess Bridges, City Code Enforcement Officer Joe Palomino, Acting City Director of Building be Safety Cecil Hartman, City Building Inspector Vic Meyerhoff, City Building Inspector Walter Clark, Attorney James L. Hill HEARING BEFORE THE COUNCIL AT THE REQUEST OF MR. JAMES L. HILL RELATIVE TO HIS TERMINATION OF EMPLOYMENT WITH THE CITY OF PALM DESERT, CALIFORNIA. (Adjourned from the Meeting of December 14, 1981.) Verbatim Transcript: Mayor The purpose of this Adjourned Meeting is to reopen the public hearing that was conducted last Thursday evening to take additional testimony on this matter. So with that, I believe it would be in order at this time for the City Clerk to swear in all those that are planning to give testimony. Mr. Bouman, can you identify those who are giving testimony that you know of, and we'll ask Mr. Clark if he has any additional people? Bouman Mr. Mayor, those that I know of are Mr. Cathcart, Mr. Palomino, Mr. Calvert, and Mr. Bridges. Mayor If those 4 would come forward. Mr. Clark, do you have any additional people that -- Clark Yes, Honorable Mayor, we do. It will be Mr. Harry C. Hardy, Cecil Hartman, Mr. Vic Meyerhoff, Mr. Butch Haltman, Mr. Earl Haltman, and Mr. Jim Hill. Mayor Would all of those people please stand and join this group over here, and Mr. Bouman, also; I believe he's giving additional testimony. MINUTES ADJOURNED 6 P.M COUNCIL MEETING December 17, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Gilligan Would you raise your right hand? Do you and each of you solemly swear or affirm that the testimony you are about to give in this proceeding is the truth, the whole truth, and nothing but the truth, so help you God? Witnesses I do. Mayor Thank you. Mr. Clark, if this is agreeable with you, we will call on the four that originally requested to give additional testimony and allow you cross examination and follow that with those people you would like to introduce testimony. Clark Mr Mayor, other than those objections noted at our last hearing, that would be fine. Thank you. Mayor With that, is there an order -- Mr. Erwin, do you have an order for presentation. Erwin No. No. specific order, Mr. Mayor. Mayor Of those people that have been sworn in, we will take in whatever order you would like to come forward. State your name and address for the record. Cathcart My name is Ron Cathcart, and I live at 73-465 San Nicholas here in Palm Desert. I'd like to read you this statement. It's essentially the same testimony that I gave in the Superior Court in Indio on November the 5th. I did not make any Building Department inspections of the swimming pool being built for me at my residence, my residence at that time, located at 74-395 Buttonwood in Palm Desert. I did not attempt to make any inspections of the swimming pool. I did not consult or advise with Inspector Calvert or any inspector in regard to inspections on that pool. I did and do state that I delivered a verbal request for an inspection as requested by Mr. Haltman's son who was doing the work. Mr. Haltman, Sr. was never on the job site after construction had commenced. Further, on April the 25th, 1980, I had worked for the City of Palm Desert for less than 4 months, and I had not made any intimate acquaintances and in fact, I barely knew more than the names of the people that I worked with at the time. Concerning Mr. Hill's reference to inspection procedures not being followed and the reference by Attorney W. D. Clark to an investigation made by Building Director Hill, I have never been advised or made aware that I was being investigated. Mr. Hill did attempt to coerce payment to Mr. Haltman on three occasions by threatening firing of me. I refused. I have never been reprimanded and available to your -- you gentlemen, my personnel record -- is a personnel performance evaluation dated January the 2nd, 1981, which is dated more than 8 months after this so called incident, and all categories of my evaluation are marked above satisfactory. This evaluation was made and signed by Building Director Hill. I have never attempted nor would I attempt to get free extras. The reverse is true. I did not get what I had bargained for. I was shorted the control unit for an automatic pool sweep. What equipment that had been said was installed in a fashion that was hazardous to life. The quality of workmanship was deplorable. And concerning Mr. Hill's reference to the missing City file on the pool, I knew there was a file, -2- MINUTES ADJOURNED 6 P.M COUNCIL MEETING December 17, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * but I did not know its whereabouts. Shortly before the file disappeared, I had requested photocopies of the contents of that file, but I was refused by Mr. Hill. Honorable Mayor and Councilmen, there's two additional facts that I would like to state this evening. Number 1, the court case of Cathcart vs. G. H. Pools is closed. Attorney Clark has withdrawn his request for opening that hearing; and Number 2, contrary to what you may have read in the newspapers, I don't own a construction company. All I have ever done in this town is build a home for my family, and that was done with the approval of the City Attorney. Thank you. Mayor Thank you Mr. Cathcart. Mr. Erwin, do you care to -- Erwin I have no questions, Mr. Mayor. Mayor Mr. Cathcart, if you'll stay at the microphone, we'll give an opportunity to Mr. Clark to cross examine. Mr. Clark, do you have any questions? Clark Thank you, yes. Mr. Cathcart, you indicated that you have built a home in Palm Desert, is that correct? Cathcart Yes. Clark While you were employed as a Building Inspector, you built a home? Cathcart One was constructed while I was a Building Inspector, yes. IClark In fact, it's been more than 1 house you've built in the City of Palm Desert while you were a Building Inspector, isn't that true? Cathcart Clark Cathcart Clark Cathcart Clark I built a home for my son in 1980, and I built a home for myself in 1981. Likewise, you were previously employed by the City of Beaumont as a Building Inspector, were you not? That's correct. While you were there, you also built some homes of improvement property? No sir. If you want to requalify your statement and say a home, yes sir, I did, while I was in Beaumont. And you sold that home and that's correct, is it not? Cathcart Yes sir. Clark You did have discussions with Mr. Hill regarding Mr. Haltman's charges against you, did you not? Cathcart Yes sir, I did. Clark Nothing further, thank you. Mayor Thank you, Mr. Cathcart. The next person desiring to give testimony come forward please. Calvert I, Ralston Calvert, declare I was an employee of the Building and Safety Department of the City of Palm -3- MINUTES ADJOURNED 6 P.M COUNCIL MEETING December 17, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Desert, California, during all revelent times herein and if Pm sworn in as a witness in this action, I would qualify and competently testify to the following facts, all of which are within my personal knowledge: That on April the 25th, 1980, I personally made an inspection of a swimming pool located at 74-395 Buttonwood, Palm Desert. At that time, certain violations were observed and noted on the form provided by the City of Palm Desert. That was a correction notice. This inspection was also made in the presence of Inspector Jess Bridges who was also employed by the City of Palm Desert as a Building Inspector. Prior to April the 25th, 1980, I had neither been requested to make nor had made an inspection of the subject's home. At no time did I ever receive a reprimand from James Hill for the accuracy or the manner of the above said inspection regarding Ron Cathcart's swimming pool. Furthermore, I object to being called Ron Cathcart's friend and inspector associated in the declaration of James Hill. On April the 25th, 1980, I was only acquainted with Inspector Cathcart as a new employee of the City. I have not socialized with Ron Cathcart or even considered him friend except in the context that he worked with me. The only exception to the general use of the term friend was with James Hill who hired me in March of 1975. I felt that I owed him a debt of loyalty for having given me a chance to prove my knowledge of building techniques, code enforcement, and my administrative abilities. During Jim's many absences, he appointed me to act in his place as Building Official for this city. My wife Angela and I have socialized many times with James Hill and his wife Jo. I considered myself a very loyal and personal friend of Jim and his wife Jo. I could not believe that Jim would accuse me of making an improper inspection, but his allegations as stated in his declaration on page 2, lines 1 through 9, are absolutely false. I was present at the time I made the inspection of the Cathcart pool and immediately thereafter, I wrote the violations and I signed the notice. Upon returning to the office, I put the file in the usual place -- Principal Inspector Joe Palomino's desk. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on December the 1 1th, 1981, at Palm Desert, California, and I have signed it, Ralston Calvert. Mayor Thank you Mr. Calvert. Mr. Erwin, do you have any questions? Erwin No. Mayor Mr. Clark, do you have any questions? Clark Yes, thank you. Mr. Calvert, didn't you have a discussion with Mr. Hill about the allegation of not inspecting the pool but writing an inspection notice for it. Calvert Not to my knowledge. I know of no reprimand that Jim Hill has ever given me for anything while I've been an inspector in this city. Clark Do you recall a meeting with Mr. Hill where the City Clerk, Sheila Gilligan, interrupted the meeting when this very subject was being discussed? Calvert No, I can't recall. -4- MINUTES ADJOURNED 6 P.M COUNCIL MEETING December 17, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Clark Do you recall talking to Sheila Gilligan after Mr. Hill had reprimanded you and telling her that in fact Mr. Hill had reprimanded you for writing a correction tag on this job without seeing it? Calvert Absolutely not, I never did that. Clark Calvert When you do a work inspection, such as on this pool, you record something in a document, a work document, do you not? Some sort of a work order? 1 wrote the violation and put it there on the job. That's part of the evidence. I'd be very happy to read it, if you wish, sir. Clark In fact, there's also another record of when you go out to a job to do inspections, is there not? Calvert Known as the daily log. Clark And the daily log would reflect what was done in this particular instance, would it not? Calvert What was to be done or was done? Clark Was done. Calvert It would be, if I understand your question, is what I would be going here for. At least possibly so -- you never really know until you get out there what you may find. Clark What does the word reinspection mean to you? Calvert Reinspection means exactly what it says - a reinspection. Clark Can you give the layman an idea of what that definition is? Calvert Yes I can. I remember that, and it was not a reinspection inasmuch as it was the very first one on my file. Clark So that there -- Calvert I was going to cross it off but there was simply no point to it because I had a lot of other ones to write --- now if there was an inspection, I would think it would only be proper that it would be shown to me. Any inspection that I made, any record that I made of anything, before the one that is in evidence and is question, so it would be right and proper for you to show it to me. Clark So the daily work record of this particular job should show inspection as opposed to a reinspection, is that correct? Calvert Not necessarily. Clark Would you tell us again what a reinspection means? Calvert Yes. A reinspection means just exactly what it says - it would be a reinspection. Clark For example, would that be an instance where a correction notice had been written and then you were called back to reinspect to see if those violations still existed? -5- MINUTES ADJOURNED 6 P.M COUNCIL MEETING December 17, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Calvert It could be. However, in this particular instance, it was not. Clark What would the record reflect, or the work record, in terms of your going to the job to do inspection on this pool? Calvert Clark That is exactly what I would like to have you produce. Now if I made an inspection that was improper, show it to me. I'm just asking what should the record reflect based on your knowledge and experience? What should the record reflect? Calvert It should reflect the violation on the pool that I wrote which is in evidence. Clark And the daily log should reflect what? Calvert Sir? Clark The daily log should reflect what? Calvert Well, it would reflect usually what you're sent there to do. Clark That is all I have. Thank you. Mayor Thank you Mr. Calvert. Are there any questions from the Council? Will the next person please come forward? Bridges My name is Jessie Neil Bridges. I live at 46-342 Frontage Road, Palm Desert. I wish to make a statement regarding the allegations of Jim Hill in his last testimony here and the fact that Ralston Calvert did not make that inspection on that date. I'll read a document that I have submitted to an attorney in rebuttal to the document Jim Hill had put into court declaration. I, Jessie Neil Bridges, declare I am an employee of the City of Palm Desert, California, working in the Building and Safety Department. If I was swore as a witness in this action, I would be qualified and would competently testify to the following facts, all of which are within my personal knowledge: I have read the declaration of James Hill attached to the defendant's motion to set aside submission to reopen the case, and I wish to respond to same. I'm really nervous -- it's been a time since I've testified. That on April 25th, 1980, I'd accompanied Building & Safety Inspector Ralston W. Calvert to inspect a swimming pool located at 74-395 Buttonwood, Palm Desert, California. Certain violations were observed and noted at the inspection site and thereafter. Inspector Calvert posted a correction notice on the construction site. This correction notice is attached hereto as Exhibit A and some other attorney stuff I didn't look at. During the time of the above said inspection, I was being trained by Inspector Calvert in building inspection, and I was training Calvert in code enforcement. This is --beyond this here - - now this portion is actions after the fact and regarding a conversation I had with Jim Hill. That on or about November 4th, 1981, James Hill called me into his office for a talk. At that time Mr. Hill informed me that Ralston Calvert had not inspected the Cathcart pool prior to writing a correction notice, but had written a notice at -6- MINUTES - ADJOURNED 6 P.M COUNCIL MEETING * * * * * * * * * * * * * * * * December 17, 1981 * * * * * * * * * * * *. * * * * * Cathcart's direction. I then told James Hill that his information was wrong because I was with Ralston Calvert the day he made the inspection on April 25th, 1980, and that Calvert wrote the notice immediately after making the inspection. Mr. Hill then tried to convince me that I wasn't with Calvert when he made the Cathcart pool inspection. I then reiterated to Mr. Hill that I was cross training Mr. Calvert that day and inspected the Cathcart pool, that Ralston Calvert and myself were on our hands and knees inspecting the wiring and plumbing of that Cathcart pool. James Hill then denied that I was with Ralston Calvert that same date, and again I stated that Calvert and myself made the inspection together because Calvert was training me in building inspections, and I was training Calvert in code enforcement. Again, James Hill told me that I was not with Ralston Calvert when the above inspection took place. Finally I felt that James Hill was calling me a liar and attempting to have me lie about what had actually occurred. There was other conversation with James Hill not pertinent to this, and I was enroute to San Diego for a seminar. I left his office and haven't heard from him since. Mayor Thank you. Mr. Erwin, do you have any questions? Erwin No, I have none. Mayor Mr. Clark. Clark Mr. Bridges, did you make any personal notes when you took yourself and Mr. Calvert out to the iob inspection? Did you make any notes yourself? Bridges No. Clark Excuse me? Bridges No. Clark You don't have any notes which reflect personally the date that you went out there — whether it would be a date in May or a date in April. Bridges No. Clark Would it not be fair to say that ordinarily an inspection such as that was done on a written inspection request? Bridges Yes. Clark You never saw such a request in this case, did you? Bridges I don't recall. Clark Nothing further. Mayor Does Council have any questions? If not, thank you Mr. Bridges. Next person? Palomino Mr. Mayor, Members of the Council. My name is Joe Palomino. I live at 50-500 Jackson Street, Coachella, in the County. 1 would like to read this statement: I, Joe Palomino, on April the 25th, 1980, directed Mr. Ralston Calvert to make the inspection on the swimming pool -7- MINUTES ADJOURNED 6 P.M COUNCIL MEETING December 17, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * located at 74-395 Buttonwood, Palm Desert, California. As far as I know, the order to inspect was not issued by Mr. James L. Hill as he has stated. Mr. Bridges' presence at the subject inspection was also directed by me and not by Mr. James L. Hill as he has stated. Concerning Mr. James Hill's statement of having reprimanded Mr. Ralston Calvert, I have no previous knowledge of this matter. As to Mr. James L. Hill's reference to the missin file of 74- 395 Buttonwood, I knew of the file but had no knowledge of or interest in its exact location. Gentlemen, Mr. James L. Hill has made a statements to the news media which in my opinion are not factual. As a result, he has discredited his department and himself. Thank you. Mayor Mr. Palomino, if you'll stay at the microphone, please. Mr. Erwin, do you have any questions? Erwin No, I have none. Mayor Mr. Clark? Clark In your written statement, Mr. Palomino, you say that as far as you know, the order to inspect was not issued by Mr. Hill as he has stated. Palomino Yes. Clark Is it your impression that Mr. Hill has stated that he issued an order to inspect on April 25th, 1980? Palomino That is what I understand happened. Clark So, as indicated in your statement, it is your impression that Mr. Hill stated that he issued an order to inspect on April 25, 1980, is that right? Palomino I'm going by what I read and what I've seen on the statement. Clark O.K., that's all. Thank you. Mayor Thank you Mr. Palomino. That takes care of the 4 individuals that we had prior knowledge of who wanted to testify. However, at this time, Mr. Bouman, I believe that you have some specific charges that should be made a part of the record. Bouman Yes, Mr. Mayor, at the -- I can't recall now whether it was the first or second hearing on this matter -- at sometime Mr. Clark asked whether there had ever been any specific charges made that would relate to the charges which were listed in the memo that I handed to Mr. Hill at the time of his discharge. Before I proceed, I would like to make a point here which I think is important. Alot has been said about the words incompetence, inefficiency, and poor administrative practice, and indeed those words appear in the memo. I would like it made clear that those words do not apply to everything that we've been hearing here about this case of the missing files. And further, that those words -- incompetence, inefficiency, and poor administrative practice were contained in a confidential memo which I handed to Mr. Hill and that frankly I had never intended that they be exposed to the media and that they be exposed to the public and that that was either Mr. Hill or Mr. Clark!- doing, not mine. I would have MINUTES ADJOURNED 6 P.M COUNCIL MEETING * * * * * * * * * * * * * * * * * December 17, 1981 * * * * * * * * * * * * * * * * preferred that those kind of words remain confidential, but since they have chosen to open that up, I feel now that I must respond to Mr. Clark's request for specifics, and I'm going to list 5 specifics which are contained in a memo to Mr. Erwin and the members of the City Council and which has already been supplied to Mr. Clark. No. 1 specific would be failure to follow up and report to the City Manager on public complaints concerning the misconduct of a building inspector. No. 2 - criticism and beratement of a respected City employee in the presence of other employees. No. 3 - creation of an atmosphere of suspicion and low morale by maintaining a private, voluminous set of personnel files and other files to which employees were denied access. No. 4 - confusing and inconsistent delegation of authority resulting in a broken chain of command during Mr. Hill's absence. 5 - assignment of inordinate responsibility and authority to a new, untrained and inexperienced employee. Said employee was assigned almost immediate supervision over other long-time staff members. That's all I have, Mr. Mayor. Mayor Thank you. Mr. Clark, do you care to cross examine. Clark Mr. Bouman, you're reading from a memo dated December 16, 1981? Bouman Yes. Clark Is it your testimony that all of these allegations and complaints were previously noticed to Mr. Hill. Bouman No, they were not. Clark In fact, your previous discussion with Mr. Hill and memorandum was one which was not typed, was it? Bouman Was not typed? I don't know what you mean Mr. Clark. Clark You didn't keep a copy of the other memorandum you deferred to now? Bouman The memorandum concerning his discharge? Clark You indicated a little while ago an earlier memorandum which you had in confidence provided Mr. Hill. Bouman That's correct. Clark You didn't keep a copy of that, is that correct? Bouman Yes, I have a copy of that. Clark Could we see that copy? Bouman You want to see my copy? Clark If I could. Bouman Well, I have it here. Erwin The same one that you have Mr. Clark that was contained in the personnel file and that you received last week. Clark Are you speaking of the termination notice? -9- MINUTES ADJOURNED 6 P.M COUNCIL MEETING December 17, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Bouman Yes. Clark Other than that, was there any other memo which you gave Mr. Hill which you base your contention that he was given notice of things he was doing wrong? Bouman No. Clark So the memo that has yesterday's date contains the reasons that he was discharged the end of November, is that correct? Bouman Clark No. They contain the specifics. The reason he was discharged was incompetence, inefficiency, and poor administrative practice. And these reasons that you have in the memo which was dated yesterday and which I received today, you say were not given to Mr. Hill before, is that correct? Bouman I think I already answered that. Clark Bouman Clark Bouman Clark Bouman Clark Bouman Clark If you had told Mr. Hill of these objections you had to the way he was handling his job, you would have expected him to change, wouldn't you? No, Mr. Clark, you asked me if I had ever put them in a memo before, and the answer is no. But I had told him about them before. Did you place Mr. Hill on probation after advising him of these violations? No. Did you reprimand Mr. Hill by punishing him in any other sense with reference to his job status or pay? No. And you didn't even keep a copy of these other memoranda or place a copy of such memoranda in his personnel file? I think I've already answered that. Mr. Bouman, you're maintaining that these five reasons of which you advised us yesterday are the reasons he was discharged but you never put these reasons in his personnel file, is that right? Bouman I discussed them with him. Clark When did you discuss them with him? Bouman Over the last 4 to 6 months, I would say. Clark On more than one occasion? Bouman On more than one occasion. Clark And you have notes of those discussions? Bouman I may have, but -- -10- MINUTES ADJOURNED 6 P.M COUNCIL MEETING * * * * * * * * * * * * * * * * Clark Bouman Clark December 17, 1981 * * * * * * * * * * * * * * * * * Wouldn't those be important in determining how we can interpret a memorandum dated February which indicates outstanding ratings? Wouldn't that be just as important to put in his personnel file as the memorandum saying he was doing an outstanding job? No, I don't think so, Mr. Clark. I can sit across a desk from you or anyone else and discuss a set of problems man to man, tell you what they are, and ask you to respond to them, and we can reach an agreement without everything having to be in writing. So it's your statement that you told him of these reasons, gave him your opinion, and told him to change at some time previous, but you didn't put that in writing, didn't keep a memo in the file. Bouman Yes. Clark Do you consider that to be excellent administrative practice? Bouman Ah - adequate. Mayor Is that all Mr. Clark? Clark Yes, thank you. Mayor Mr. Clark -- Mr. Erwin, do you have any questions? Are there any additional testimony before we call Mr. Clark's. Erwin No. Mayor Mr. Clark, at this time if you would like to present any additional evidence that you would care to have introduced for public record, you may do so. Clark Thank you very much. Call Harry C. Hardy. Hardy My name is Harry Hardy. I live at 13390 Second Street, Yucaipa, California. I am not privileged as to what is happening here for the last year. I merely wish to state to this august body here that I have known Jim Hill since Jim Hill came to work here. We did not have a Building Deartment. He built one from the ground up. Jim Hill has always been a by -the -book man. I have never heard anyone say otherwise. As a consequence of that, the City of Palm Desert is blessed with a Department of Building & Safety that is the envy of Southern California. I believe that I can personally state in this manner that I was originally hired to be Assistant City Manager to Harvey Hurlburt. After I resigned from that job, then came the flood. I was asked to help out in the Building Department. To make a long story short, I helped out in the Building Department 6 to 7 times under the direction of Jim Hill, and I have nothing but praise for the way Jim Hill ran his department. He would hire inspectors from other building & safety ----. As you all know, some are (rest of sentence inaudible on tape). Jim Hill would explain to them exactly how it was going to be here in Palm Desert. We were gonna go by the code and the same code for everybody. Jim Hill helped them learn and learn the California code. Any questions at all that anybody had Jim Hill would clarify them. He was, in my opinion, the best building inspector of anyone, and if this august -11- MINUTES ADJOURNED 6 P.M COUNCIL MEETING December 17, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * body doesn't see fit to reinstate him, you are guilty of a digression against yourself and against the City, the citizens of the municipality of Palm Desert cause Palm Desert needs a man like J'.m. Mayor Thank you Mr. Hardy. Mr. Erwin, do you have any cross examining questions? Mr. Clark. Clark Mayor Hartman Thank you. I would ask to call Mr. Cecil Hartman. Mr. Hartman. My name is Cecil Hartman. I live at 53-345 Velejo in La Quinta. Clark Mr. Hartman, if I may ask you some questions, if you would please keep your voice up and speak into the microphone. How long have you been a building inspector for the City of Palm Desert? Hartman Four years this past January the 23rd. Clark Before that, how were you employed? Hartman I was with the City of Rancho Mirage for about 7 months as a building inspector. Clark Before that, what did you do? Hartman Clark I was in the construction game and around Southern California, Florida and Texas for various, corporations, organizations, as well as my own. While you were working, as you were working, and as you have been working for the City of Palm Desert, did you work under Director Jim Hill? Hartman That was my understanding, that he is the Director and I worked for him. Clark At some point, sir, did you learn of personnel within your department being called into the City Manager's office? Hartman I was informed that there was people -- that all the Building Department was called into the City Manager's office about the time Inspector Ralston Calvert had retired or was fixin to retire. I wasn't one of them. Clark Subsequently, were you called into the City Manager's office to discuss Mr. Hill? Hartman About the time Mr. Hill was on probation or retirement or whatever it was the City Manager put him on, I was called into Mr. Bouman's office in regard to I believe some questions he was to ask everybody in the department. Clark Were you asked to give an opinion as to Mr. Hill's handling of the Department? Hartman Yes. Clark What opinion did you give? Hartman 1 told him I admired him very much, I respected his ability and his knowledge. -12- MINUTES ADJOURNED 6 P.M COUNCIL MEETING * * * * * * * * * * * * * * * * Clark December 17, 1981 * * * * * * * * * * * * * * * * * Were you asked to give an opinion as to anyone else in the department? Hartman Oh yes, he asked me what I thought of Mr. Palomino, and I told him I didn't respect him very much. Clark Based on your experience in the department as well as the construction industry, are you familiar with any facts over that 4-year period that would support an allegation that Mr. Hill was incompetent? Hartman On the contrary, I found Mr. Hill to be very knowledgeable, very respected in the construction trade. I respected his ability to answer questions as straight forward and that you could put your buck on. Clark Did you find any evidence during that period of time that would support an allegation that Mr. Hill was inefficient? Hartman To my knowledge, I have never seen any inefficiency. Clark Did you find any evidence during that period of time that would support the allegation that Mr. Hill was a poor administrator? Hartman None whatsoever. Clark Did you ever see Mr. Hill berate any employee in front of any other employee within the Building Department? Hartman Never. Clark Did you find any difficulty regarding delegation of authority in the situation where Mr. Hill was absent from the department for a short period? Hartman Occasionally, yes, I found a little irregularities and innuendos. Clark Hartman When Mr. Hill left the department to go other places, did he leave a memorandum describing who was in charge? Always. Clark Were those memos followed? Hartman To a degree. However, some of his memos were never followed even when he was here. Clark Nothing else. Thank you. Mayor One moment, Mr. Hartman. Mr. Erwin, do you have any questions. Erwin Yes, I might. Mr. Hartman, what are your specific duties in the Building Department? Hartman As a Building Inspector. Erwin Do you have any supervisory responsibility? Hartman None whatsoever. Erwin Do you have any responsibility for the administration of that departriteRt. MINUTES ADJOURNED 6 P.M COUNCIL MEETING December 17, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Hartman None whatsoever. Erwin Thank you. Mayor Thank you Mr. Hartman. Mr. Clark. Clark Call Mr. Vic Meyerhoff. Mr. Meyerhoff, would you tell us where you are currently employed and what you do? Meyerhoff Clark I'm currently employed as a Building Inspector II. The position was given to me on my original employment, and I -- for years of employment, I am Senior Inspector the longest period of time. Mr. Meyerhoff, would you move the microphone closer so that we can all hear you speak and speak into the microphone. Meyerhoff Thank you very much. Clark How long have you been with the City of Palm Desert? Meyerhoff Going on 5 years. Clark Before that, what were you doing. Meyerhoff I was self-employed for 31 consecutive years -- all in the plumbing, manufacturer's rep, manufacturer plumbing wholesale and retail plumbing and working with tools. Clark On two occasions, were you called into the City Manager's office and asked to discuss Mr. Jim Hill? Meyerhoff Yes. Clark What was the nature of the inquiry? Meyerhoff On the first occasion that I was called in for was for a general conversation regarding Jim Hill by the City Manager. The conversation was very pleasant with the City Manager. I told Marty -- this was approximately 9 months ago -- why would you concern yourself with the Building Department? You have so many things to do, Marty. You're obligated to the City fathers, you have so many programs going, you have a Class A superintendent in the Building Department, why do you concern yourself with the goings on in the Building Department? Were you asked to express an opinion as to Mr. Hill's capabilities? Yes, of course. I thought that Mr. Hill's capabilities were superb, not as being a soft man, not necessarily as being a difficult man, but a good, firm, strong employee. Mr. Meyerhoff, do you know of any facts which would indicate that Mr. Hill was incompetent in that position? Clark Meyerhoff Clark Meyerhoff Clark Meyerhoff Nothing, only to the contrary. Anything that would indicate that he was inefficient or a poor administrator? Nothing, only to the contrary. -14- MINUTES ADJOURNED 6 P.M COUNCIL MEETING December 17, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Clark Meyerhoff Clark Meyerhoff Clark Meyerhoff Clark Meyerhoff Clark Meyerhoff Did you ever see him berate another employee in front of another employee? I have never seen Mr. Hill berate employees, public publically or on any other instance. On the specific pool involving Mr. Cathcart, did you do all the previous inspections before Mr. Calvert? Yes I did. Is it fair to say that there are ordinarily no inspections without a written inspection request? That is proper procedure. Nobody makes an inspection unless a written request is given for it. Is there any reason in this particular instance that Mr. Calvert would have done that last inspection on Mr. Cathcart's pool? Yes. You have sworn testimony by Ron Cathcart that he made a verbal inspection request. The question becomes to whom did he make the verbal request for an inspection? Mr. Calvert says he made the inspection by no request. Mr. Palomino says he requested Calvert to make the inspection. Now, Mr. Palomino has made requests for me to make inspections, but he has always given me a written request for every inspection. Do you know of any reason why that procedure wasn't followed in this instance? I have no idea but you have testimony, verbal inspections, sworn affidavits by Ron Cathcart for a verbal inspection to who? Calvert to Palomino and back to Calvert, I don't know. Clark I have nothing further. Mayor Mr. Erwin, do you have questions? Erwin No. Mayor Thank you Mr. Meyerhoff. Mr. Clark? Clark I call Mr. Earl Haltman. Haltman Earl Haltman. I live at 68-161 Grand View, Cathedral City. Clark Mr. Haltman, you're the son of Mr. Butch Haltman, is that correct? Haltman Yes. Clark Mr. Cathcart has indicated in regards to his pool that you made a verbal request for inspection. Is that true? Haltman No. Clark That's all. Mayor Mr. Erwin, do you care to -- -15- MINUTES ADJOURNED 6 P.M COUNCIL MEETING December 17, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Erwin No. Mayor Thank you Mr. Haltman. Next witness. Clark Call Jim Hill. Hill I'm Jim Hill. I live at 44-510 San Carlos, Palm Desert. Clark Mr. Hill, you reviewed the statements that were provided us today which have been read to this body this evening, is that correct? Hill That is correct. Clark Insofar as those statements relate to the specific job -- Cathcart pool job -- do you have any records which reflect -- comments which reflect -- irregularities other than have been mentioned so far? Hill Yes, I do. Clark Would you recite those briefly. Hill 1 have approximately 8 points of consideration that I'd like to pass to the Council -- I only have two copies but normal process of inspection is inspection request which has already been discussed. You'll find No. 1, an inspect- ion request. Item No. 2 is the permit itself also showing where the inspector signed it off. Item No. 3 which is a correction notice with 4 items signed by Mr. Calvert on April 25th, 1980. There is one thing unusual. There's the -- a -- the request for inspection was missing from the file -- is not there, and is still not there as far as I know. Item No. 4 -- I have been furnished a copy of a letter by Mr. Haltman dated 28 April, 1980, in which Mr. Haltman was noticed of corrected repairs to be done on his pool to Mr. Haltman from Mr. Cathcart. That was 3 days after the correction notice was made. I also call your attention to that -- a memo, a phone memo, that came to my desk on April the 30th, 1980, at 11:05 and Mr. Haltman of G. H. Pools with phone numbers. That date, April the 30th, it was on a Wednesday, Mr. Haltman told me he couldn't come in but he had to talk to me. He had some very important information, and he set up an appointment for May the 2nd which he did keep and which he told me as explained in the memo of July the 1 1th to the City Manager, which you have a copy from the other hearing, of the allegations that potentially there might be a conflict and he was not being paid for extras that Mr. Cathcart had ordered. I also have in this file a copy of the memo of June the 5th of Mr. Palomino to Mr. Haltman in which he enclosed a correction notice, and as I stated previously, this is highly irregular. Over a month and ten days after the correction notice is written. I also would like to call your attention to a letter of July the 8th, 1980, to Hirschi, Healey do Healey in Palm Desert. In that letter, I noted to Ms. Hirschi -- I did speak to your client on or about May the 2nd, 1980, concerning a complaint involving the installation of a swimming pool for Mr. Ron Cathcart at 74-395 Buttonwood, City of Palm Desert. Your client advised me of the problem concerning payment and also advised me that he had not called for a final inspection on the pool. The pool in fact was not ready for final. Our discussion did not deal with the contract stipulations, only the fact that the violation notice -16- had been written MINUTES ADJOURNED 6 P.M COUNCIL MEETING December 17, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * concerning the job installation. It is policy with the City to receive complaints and act on the matter consistent with State, County, and local ordinances involving those installations. At no time did your client stipulate that Mr. Cathcart was a dead -beat or in any other form slander his reputation or integrity. It is our job to follow through and attempt to correct situations where construction is involved. And to consistently demand and receive a high degree of professionalism and truth and action by the employees in the Building Department of the City of Palm Desert. I think that you would also note there is carbon copies sent to Cathcart's attorney, to the City Attorney, Mr. Dave Erwin, and to the City Manager notifying him of this problem. I would like to proceed one more point. In the memo of July the 11th, this previous letter I've just read will state -- does state the fact that there was a problem and on the date that it did initiate with Mr. Haltman coming in to complain. On the memo to Mr. Bouman, City Manager, dated July 11 th, 19 and 80, I've read three paragraphs of that memo in a previous meeting. I would like to go down to the paragraph 4 and read that to the Council. When contractors obtain permits, they are responsible for calling the inspection sequence they desire during construction. Mr. Haltman of G. H. Pools did not request a final inspection, yet Inspector Calvert performed a final inspection at the request of Mr. Cathcart prior to the completion of construction. I have verified this with Mr. Calvert and he has so indicated to me. This could be part of the effect of nonpayment, yet this action preempts the right of the contractor and in essence might be used as a method for voiding a contract. I am in no way concerned with the private affairs of either party, but I am concerned relative to the position of an inspector who possibly pressured the contractor for items and/or labor not in his contract. This was dated July the 1 1th, 1980. This will verify that I had talked to Mr. Calvert previous to this concerning the pool and so forth. I would like to go one step further. There is a memo dated January 30th, 1981, to Mr. Ron Cathcart. Dear Ron: Regarding a pool at 74-395 Buttonwood. As indicated to you yesterday, I have checked with the City Attorney concerning fees for the completion of your pool. Mr. Dave Erwin, City Attorney, was in City Hall this morning, and it is his opinion that the full amount of fees would be required based upon the fact that although the contract of $1,700 to complete the pool would be valid, the expiration of the permit to G. H. Pools Construction cancelled all previous permits and legal fees for that construction. Therefore, full amount of fees will be required and can be processed at your contractor's convenience. I'd like to read another memo dated February the 4th, 1981, to Mr. Martin J. Bouman, City Manager. As of this date at 8:10 a.m., I informed Mr. Ron Cathcart of your discussion with the City Attorney concerning fees to be charged for the pool. This goes on to state -- other aspects may be pertinent to this decision since obviously a law suit is pending between G. H. Pools and Mr. Cathcart. It is also obvious that labor and material liens have been filed against the premises thereby creating a cloud in case of sale by the property or until determination of court action to settle the issue. At the request of G.H. Pools, I did cancel the permit, and that's a matter of record -17- MINUTES ADJOURNED 6 P.M COUNCIL MEETING December 17, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Clark September the 3rd, 1980. It was cancelled by this person. Only this company -- only the company of G.H. Pools who established through contract and plans certain rights to the pool may renew that permit. If further question arises in that ordinance, by ordinance, only G.H. Pools may renew the expired permit during a 1-year period for half the original fee. This may seem rather complicated, but in case of court action, the court action will probably involve the City concerning the permit and reasons for expiration. Since the action of the issuance of permit is covered by ordinance, it would seem to me that Council action to change the ordinance would be made after hearing on amendments to the ordinance, thus creating equal consideration for all citizens and contractors involving issuance of permits. If it is Council's wish to negate a duly adopted ordinance, I have no option but to follow their direction, and I will follow your instructions concerning fees to be charged for issuance of the permit. My major concern is the legal application whereby action could possibly involve the City and its issuance of permit pending termination of such. I think if the Council would review those, I've proven I have notified Mr. Bouman on at least 3 occasions on this pool action. I -- the memos involving correspondence with other attorneys was also sent to the City Attorney because there could possibly be a legal situation. Mr. Hill, with reference to the memo dated the 16th of this month read by Mr. Bouman this evening, when was the first time you'd seen that? Hill Approximately 2:30 this afternoon. Clark Regarding the comment in Item No. 5, that assignment of inordinate responsibility, do you know who that refers to? Hill No. Clark Had Mr. Bouman ever told you who it refers to? Hill No. Clark Did you ever receive any complaint from Mr. Bouman whatsoever about this subject matter raised in No. 5. Hill Absolutely not. Clark Did you ever receive a memorandum from Mr. Bouman setting forth his concerns in this complaint No. 5? Hill No. Clark With reference to the item that he raised as No. 4 accusing inconsistent delegation of authority. How often were you gone from your post as Director of Building & Safety? Hill In most cases, not over 3 times a year or never over two weeks at a time. Clark When you left, what was your procedure before you left? Hill Write a memo delegating a person in charge of the department in my absence. -18- MINUTES - ADJOURNED 6 P.M COUNCIL MEETING December 17, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Clark Hill Clark Hill Clark Were you ever told that a problem had erupted or existed about your delegation of authority? Only on one occasion. I had delegated 1 think a 3-day absence, I had delegated Frank Allen to be in charge, and the reason for that was consistency in cross training to make Mr. Allen more aware of the Building Department regulations and also to answer and respond to people when they came in involving building questions. Every other instance, to whom did you delegate authority? Joe Palomino since he's been the Principal Building Inspector. Did Mr. Bouman give you a memo complaining about the fact that you had delegated this authority to Mr. Allen after you had done that? Hill His suggestion was that it was up to me, it was up to me to delegate the authority to whom I pleased, but he felt that there might be a situation develop out of it. Clark Hill Clark Mr. Hill, regarding the complaint about you keeping files on personnel. What information did you keep on personnel within your department? I had a copy of their pay records showing absenteeisms, vacation, and sickness and so forth. Was that information available to the personnel within your department? Hill Any time they wanted that file, if they would open it before the secretary or myself, they could have it. Clark What was the reason for that rule? Hill So anything that I did in evaluating an employee or keeping records on their -- if they took a test, or if they got certified, or if they had commendation letters from people they had served in a neighborhood, I tried to keep that as a matter and keep it in chronological order so it would reflect all of the situation with the employees and would be handy so that I could pick it up at any time. Clark Did you ever deny access to a file to an employee? Hill A file. Yes, once. Clark When was that? Hill That was a file involving the Cathcart pool. Clark Why was that information not provided? Hill There was in that file a compilation of both letters from attorneys, from Mr. Cathcart, Mr. Haltman, and certain material that was not public record. Clark Hill Would that be the memo for instance that you directed to Mr. Bouman? Absolutely. -19- MINUTES ADJOURNED 6 P.M COUNCIL MEETING December 17, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Clark On what condition did you make that information available? Hill I didn't make that information available. Clark Does your memo to Mr. Bouman explain under what conditions that information would be available? Hill Oh yes, yes. Clark Would you just summarize what you put in the memo with regard to how that file would be available? Hill I felt a great concern about what was occurring, and I stated to Mr. Bouman in that memo that the file was under lock and key, that any time he wished to see the file, the secretary had the key to it, and he could have it at any request -- any time he may request it. Only he and myself were to have that file pending an outcome of that situation. Clark Did Mr. Bouman ever request, as a result of that memo, any information from you? Hill Not that I'm aware of. Clark With reference to his allegation in No. 2 that you berated an employee in front of another, did Mr. Bouman ever complain to you about doing that? Hill No. Clark Did you ever receive a memo from him on that subject? Hill No, I did not. Clark With reference to Item No. 1 alleging that you failed to follow up and report to him, the City Manager, on complaints concerning the misconduct of a building inspector, did you ever hear back from the City Manager after your several memoranda to him on the subject? Hill Clark No. At some point, Mr. Hill, did you discover that you had a philosophical difference from the City Manager? Hill Yes, I think that occurred probably in late June and early July. Clark Was that in reference to inspections of restaurants? Hill Absolutely. Clark What was the nature of the inspection work? Hill The nature of the work was an inspection of restaurants on a yearly basis which is required by State law. We did, Frank Allen, myself, Mr. Eric Vogt, the Fire Marshal, and also the Health Officer, made some restaurant inspections. Clark Hill Did you have a discussion at some point after those inspections with City Manager Marty Bouman? Yes I did. -20- MINUTES ADJOURNED 6 P.M COUNCIL MEETING December 17, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Clark Would you tell us what was said in that discussion? Hill We had, if my memory's correct, we had two discussions concerning the restaurants. We had some people that complained on the inspection process whereby 4 people went in at one time. Also the violations that we found were in some cases extremely critical to public health and also to fire safety. And on the second occasion, if I may back up, there was a meeting with Mr. Bouman, Mr. Allen, Mr. Vogt, and I believe there was 3 restaurant owners, and myself to discuss the problems and what could be done. Second meeting was shortly thereafter and in the discussion with Mr. Bouman, I only informed him -- I said, we are following State law. He said, I don't give a damn about State law. Clark After that, Mr. Hill, did the inspections continue? Hill No. A moratorium was placed on the inspections and as far as I know today, there are no further restaurant inspections. Clark I have nothing further. Mayor Mr. Erwin? Erwin I have one question, Mr. Mayor. Mr. Hill, who made the determination that the file was to be kept private and not public? Hill I made that determination based on -- as Director of the department. Erwin Do you have that authority under the State law? Hill I'm not aware if I have that authority or not, but I thought it was important to the City. Erwin Mr. Hill, there are certain records that are by the Government Code specified to be public records, and I believe that file was one of them. Did you check with anybody before you made this determination? Hill Mr. Bouman was aware of the file, that it was locked, that it was available to him. Erwin Other than the memorandum that you sent to him which you refer, did you check with anyone else. Hill No, I didn't. Mayor Does the Council have any questions of Mr. Hill? Puluqi I'm curious. I was the one that when I came back from vacation, I had such large complaints about these building inspections from restaurants. However, I wasn't aware of the Council imposing a moratorium on inspections. There was supposed to be an investigation on why those inspections took place. Did we place a moratorium on those inspections? Mayor I think we directed the City Manager to look into why and what was behind those inspections. Puluqi Do you remember, Walt? -21- MINUTES ADJOURNED 6 P.M COUNCIL MEETING December 17, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Snyder I remember we asked to determine why they were being done. Mayor I think direction was that he was to look into it and to hold up on any future inspections until we got an answer as to what was going on. Pulqui That was 5 months ago. Haven't got an answer yet? Hill I might add the moratorium was placed -- the memo that put the moratorium from Mr. Bouman occurred and was received in the department during my absence from the City in early August when I went fishing in San Diego and was ill and in the hospital. When I returned, a moratorium and statement of same was on my desk. Mayor Are there other questions? Clark If I might, just one additional of Mr. Hill. Mr. Hill, the City Attorney has asked you if you decided to place that file under lock and key. Is there anyone else besides the City Manager to whom you ordinarily should report such an action? Hill No. I would think he is my immediate supervisor. Clark In that memo, you did advise him the file would be available to him and was kept by the secretary, is that right? Hill Yes. Clark Didyouget anyorder back from him at all to open u P P that file or give it to anyone? Hill None whatsoever. Clark That's all. Mayor I have a question of Mr. Hill. Mr. Hill, I've heard, and this is hearsay information, outside closed session and so forth, that on your last absence, prior to this investigation when this whole thing started, that you had placed a rather new employee, a secretary, in charge as office manager in your department, is that true? Hill A secretary? Mayor Yes. Hill A new employee? Mayor Yes, I believe the secretary who filled in when Linda Hutchinson was on maternity leave. The information I heard, as I say, it was hearsay information, was that you had instructed her to be in charge of the office in your absence. Hill That is the normal duty of the secretary of the office. I did so, and she had worked, I believe, two weeks previous or even three weeks previous to the absence of Linda Hutchinson, knowing how to set up the files, and I gave her instruction on this and on all of the aspects that is normally the secretary's position. -22- MINUTES ADJOURNED 6 P.M COUNCIL MEETING December 17, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Could you perhaps distinguish for me what her duties were versus -- who was in charge of that -- Mr Palomino was in charge in your absence? Hill That's correct. Mayor And he had authority over her? Hill That's correct. She was in charge --- Mayor Her responsibility -- I'm still not quite clear on this. Hill She was in charge of the clerical end, Mr. Mayor, taking care of communications in and out of the department, writing letters for Mr. Palomino, and correspondence from the plan checker to engineers, contractors, and so forth. She was in charge of the planning of communication and letters that went out and were received. Puluqi Well was Mr. Palomino the immediate superior of the secretary? Hill Yes. Mayor One other question, while we're at it. The specific complaints, I believe your attorney asked you about, the 5 items in the memo of December 16th from Mr. Bouman, did Mr. Bouman discuss any of these items on this list prior to the termination? Hill We did discuss on one occasion the files. As he indicated, they were voluminous. They were not that great. They only contained the pay records of the employees, letters of commendation, and when an inspector was certified, it contained a copy of his certification. Other than that, those files were open. As long as they were there, they could have them in the presence of the department secretary or myself. Mayor That's the only one on this list that you were aware of? Hill Yes. Mayor Would you care to respond to any of them. No. 1, the failure to follow up or report to the City Manager on public complaints concerning misconduct of a building inspector. I don't want details or specifics, but are you aware of a situation like that? Hill I think the items you have -- the 11 items -- bear out the point that I do follow up, that I do write memorandums, and I believe that proves it. Mayor In other words, your statement is there is no situation that you did not report back to the City Manager on? Hill Not that I'm aware of. Mayor Concerning misconduct of a building inspector? Hill Not that I'm aware of. I tried to follow through completely, furnish him with information, and also ask that we meet cause I was concerned about the situation -- the statements. -23- MINUTES ADJOURNED 6 P.M COUNCIL MEETING December 17, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Puluqi Mr. Hill, were you informed of an indiscretion of another building department employee or gossip thereof by Mr. Bouman, other than Mr. -- (inaudible)? Hill No, I heard about that after. I heard that first through Mr. Eric Vogt, I believe. Puluqi Did Mr. Bouman ever request you to investigate the situation? Hill Yes, and I did. Puluqi Did you report back to him? Hill I couldn't find anything to report. Puluqi Did you tell him that? Hill Yes, I think he carried on an investigation the same time that I was. Mayor Item No. 2 - criticism and beratement of a respected City employee in the presence of other employees. Are you aware of any such situation? Hill Not beratement. I do criticize, but I try to do it in a manner not as extreme criticism, but to bring a point across -- please do not happen -- do not let this happen again, and especially dealing with the public. They have a right to be treated in a professional manner, and if the people will act professionally, treat the public in a professional manner, they don't need criticism. Mayor Council or attorney -- anyone have any further questions of Mr. Hill? Thank you Mr. Hill. Mr. Clark? Clark Mr. Noel Brush. Mayor I believe Mr. Brush arrived late and was not sworn in, so at this time I will ask the City Clerk to swear in Mr. Brush. Gilligan Would you raise your right hand please? Do you solemly swear or affirm that the testimony you are about to give in this proceeding is the truth, the whole truth, and nothing but the truth, so help you God? Brush I do. Clark Mr. Brush, are you familiar with Mr. Jim Hill? Brush Yes, I've known Jim Hill ever since he first came to the City. Clark Would you describe the extent of your familiarity and the nature of your impression of Mr. Hill's abilities as a building and safety department head? Brush I worked with Jim Hill both when I was a member of the Planning Commission and the City Council, and when I was Mayor of this city, and I found him to be completely competent and to act always in a very professional manner. -24- MINUTES - ADJOURNED 6 P.M COUNCIL MEETING December 17, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Clark You have heard the allegations. Support for the complaints of incompetency, inconsistency, inefficiency. Are you familiar with any facts that support those allegations? Brush No I am not. The only thing I can say about Jim Hill is that he always went by the book, that if anybody in this community had a problem and wanted to sit down and talk to Jim, Jim would sit down and work with them for as long as it would take to work out any problems. Clark I have nothing further. Mayor Does the City Attorney? Brush Could I make a statement myself? Mayor Yes. Brush My name is Noel Brush, 44-440 Superior Court, Indian Wells, and I guess from that it must be obvious that I'm just a local businessman and former resident of the community of Palm Desert. But I think everybody's aware that I know every member of this Council; I've had an opportunity to work with them over a long period of time either on committees or Planning Commissions or as a member of the Council or Mayor. I'm no longer privy to what happens in this city, and I wouldn't even care to speculate on whose fault it is, but I personally find it intolerable that this Council has been placed in a position where they have to make a decision that is going to reflect badly on the community, and I hope that everyone here this evening and those who were here the first night of the hearing will bear with the Council and support them in whatever decision they make. I think Jim, you especially, will remember when we first incorporated as a city. One of the major reasons that we did so was because prior to what was then the County building standards, and we asked our then present manager to go out and find us a man who was strong. We were tired of the slabs that might be one inch thick, the middle of foundations that might or not have any steel in them, studs that might be thirty inches apart, and buildings that would have to be condemned after a two-year period of time which we did in some cases have to do. We asked him to find us a man who was knowledgeable, who was experienced, who had a great deal of integrity and who would be able to handle what we thought was going to be the problems in one of the major growth areas in the State of California. Now maybe all of that sounds kind of like an ad for General Motors, but I think we got that man, and after we got him here, we asked him -- we didn't ask him, we told him — don't bend. Well, Jim came in, and he set those high standards that we asked for and I think he's been called everything from excellent to the best in the Valley, capable of handling the building department in any major city in the United States. And I find it rather difficult to understand how we can turn around and ask that man who set those standards to begin to bend. I just wonder what would happen if we did the same thing to our fire department, police department, and I also wonder what is going to happen with a development like the Hahn Center if there isn't somebody who has that knowledge and those capabilities to handle that program after it really gets underway. I probably would not have said -25- a thing if I MINUTES ADJOURNED 6 P.M COUNCIL MEETING * * * * * * * * * * * * * * * * December 17, 1981 * * * * * * * * * * * * * * * * * hadn't been asked to come here tonight and make a statement. I think we all have to do what we think is right. Jim had to do what he felt was right, and I think this Council has to do what it thinks is right. I think in making that decision, I hope the Council can answer a few questions that are being asked by ordinary citizens out there, and one of them is if Jim Hill is dishonest, where is the evidence of that dishonesty? If Jim Hill is incompetent, where is the evidence of that incompetency? And if we have changed our standards, by whose authority were those standards changed? And I guess the final question we have to ask is do we want to lose that man? That former critics in this town have come to trust because of his consistency, his integrity, and his devotion to his job. Mayor Thank you Mr. Brush. I would like to ask the City Attorney if he has any questions. Erwin I have none. Mayor Thank you for your testimony. Brush Thank you. Mayor Mr. Clark. Clark I would ask to call the City Clerk, Sheila Gilligan. Mayor Who swears in the City Clerk? Erwin You do, Mr. Mayor. Mayor Raise your right hand. Do you solemly swear or affirm that the testimony you are about to give in this proceeding is the truth, the whole truth, and nothing but the truth, so help you God? Gilligan I do. Mayor You can go down there and let Carlos take the minutes. Clark I have just one question of the City Clerk. Mrs. Gilligan, did you hear Mr. Calvert, Mr. Ralston Calvert, tell you that he had in fact been reprimanded by Mr. Hill for writing an inspection notice without seeing the work? Gilligan No, I did not. He -- I had an occasion to discuss something with Mr. Calvert where he was upset at having been disciplined or reprimanded by Mr. Hill. He didn't specify as to what it was regarding. It was a conversation later that made me assume that it might have been connected. He -- he was upset, I stopped to console him or ask him if there was anything I could do. He said that he just had a discussion with Mr. Hill, that he had done something that he wasn't very proud of, that Mr. Hill had been very good to him, and that he had done it as a favor, but he didn't say specifically what the incident was. Clark You say he had done something he wasn't very proud of and he had done it as a favor? Gilligan Something to that effect; it was quite a while ago. Clark Nothing further. -26- MINUTES ADJOURNED 6 P.M COUNCIL MEETING December 17, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Mr. Erwin, do you care to cross examine. Erwin I have nothing. Mayor Mr. Clark, do you have something else? Clark Mr. Mayor, I have no further witnesses at this time. I would have again some comments, if you please, your Honor and members of the Council. Otherwise no further witnesses. Mayor You do have some concluding remarks. Mr. Erwin, do you have anything further? Does the Council have any questions of anyone who has given testimony so far? We would like to proceed at this time or are they ready to hear concluding comments from Mr. Clark. Snyder Concluding remarks. Mayor Mr. Clark, if you will proceed. Clark Thank you very much Honorable Mayor, members of the Council. I will not repeat those holdings of those cases that we discussed before -- I gave you copies of briefs of - the law is clear and it has good reason. One of those reasons as we discussed last time for giving a man an opportunity to be heard before and not after he has been fired is that the law wants to minimize the risk of error. I feel tonight we are all too tempted; perhaps the inertia of the matter is such that it tempts one to look for reasons, to attempt to rationalize or justify what has already happened and in that regard, I would like to take the questions asked by the City Attorney as inferential of that conclusion. There were questions asked if Mr. Hill had the authority to keep that file closed. Now we are in a position where we want to justify something that has happened. We don't know what the reasons of it were, but we're looking now and so we're looking for something to seize on. Let's take that one issue. Mr. Hill had a serious matter in his hands. He acted as any one of us would ask him to. He directed memoranda, several, to his superior. He said clearly in that memoranda that we have as an exhibit before this Council that that file is sensitive; it has non-public information in it and that it's available Mr. Bouman, to you. The secretary is holding it. He received not one word back. Absolutely no instructions whatsoever, and now, of course, in trying to find out why we've already hung a man, you might be tempted to say well, he violated the law. I wonder if that's really true. I wonder if the responsibility might be somewhere else in that particular instance, and I wonder also if he didn't do absolutely the perfectly right thing. Many of us are still wondering why this has all come about. In an effort to explain it for ourselves who wonder if there might be some persons within that department who had had their hands slapped and perhaps were in a position to criticize. Somewhat embarrassed about what had happened. We were told last time that the reason Mr. Hill was fired could be found in his personnel file, and we looked carefully. We all reviewed that file, and we found absolutely nothing in there that would support that. So we asked again, and the Council asked -- why are we here? What's the evidence if there is any? And it's interesting to note that in spite of our discussions, it wasn't -27- until today MINUTES ADJOURNED 6 P.M COUNCIL MEETING December 17, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * that we received this list. Long after he had been fired, actually long after the hearing. Those reasons -- let's review them — No. 5, he's accused of assigning inordinate responsibility to a new and untrained employee. The memo doesn't even say who. We are charging him with something and it's not even alleged as to who he has so assigned. There's clearly absolutely no memorandum from the City Attorney, the City Manager, or anyone else telling him that he was doing something wrong in that regard. He's accused of being confusing and inconsistent in his delegation of authority. Absolutely no specific citation, absolutely no testimony from any of the witnesses as to when this occurred. Again, the total absence of memo from the City Attorney saying this is a problem, you should correct it. This is the first we've heard of it, long after he's been hung. No. 3, creation of an atmosphere of suspicion regarding those personnel files. I ask you again -- wasn't that made absolutely clear to the City Manager and what else could he be instructed to do? Those files were available for review of the personnel with the presence of the secretary. Again, we've had no testimony where anybody complained about that. These are notations now after the fact from the City Manager. Again, criticism of an employee in front of another. There's absolutely no evidence to support that. No. 1, failure to follow up and report to the City Manager — if ever we could take — and it's incredible that this is cited as the No. 1 reason -- if ever we could take as a reason not to discharge Mr. Hill, it would be this. He actually is being charged with not following up after writing memo after memo, totally unanswered by the City Manager, about an extremely sensitive and important subject. It is something we'd all like to see a public employee do -- just exactly what Mr. Hill did. It's also amazing that it's charged that Mr. Hill was a poor administrator, especially in light of the fact that a chain of command was certainly not followed by the City Manager pursuant to his investigation and especially in light of the fact that that same City Manager wrote absolutely no memoranda whatsoever to support any of these allegations which we see before us. Is this the exemplary administration ability that we're supposed to compare Mr. Hill to? Isn't the fact that he was writing, he was doing his homework, he was writing these memos. Isn't that evidence of his administrative interest and ability. I think the most striking, the most incredible observation by that same City Manager who levels these kinds of charges against an exemplary city employee is that statement is that he doesn't care about State law. We are seeing that again here in the whole way this matter has been handled. It is illustrative of -- his position on this matter -- it gives us insight into exactly why this is happening without following those rules which the Supreme Court of the State set down and Mr. Bouman feels don't apply. I would beg your permission to make an analogy in the situation factually. We've all heard about the auditor who's involved in a government defense project, and he reported -- he reported that there were going to be some gigantic cost overruns, and as a result, he was fired. He told the truth. He was candid. He wrote the memos and he got his just reward. We're all familiar with the story of Serpico, a New York policeman who -28- reports on corruption MINUTES ADJOURNED 6 P.M COUNCIL MEETING December 17, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Gilligan Allen Mayor Gilligan within the department. Is he rewarded? He followed the rules. He told them what was going on, and he got the same kind of response that Mr. Hill has. I ask you to look into the entrance of bias or motive of those persons who have testified against Mr. Hill. For instance, if we want to judge the credibility in just one instance, did that occur. Was Mr. Calvert an individual who was in fact reprimanded? We could say there's a split of authority on that. One person says yes, another person says no. We ask the City Clerk -- Mr. Calvert was pretty upset; he admitted he had done something he shouldn't do. Now are those the kind of people on who we're going to rely -- wrong doers — in deciding whether or not Mr. Hill should be discharged? Without a doubt, Mr. Hill has done everything that a public employee, a public servant should do. The absence, the error, has been on the side of his accusers. He should be reinstated. Thank you Mr. Clark. I think so that we don't have anyone else coming forward later asking for an opportunity to give testimony, I will make one last call. Is there anyone who has pertinent information to this public hearing who would like to address this Council under oath at this time? Is there anyone who previously spoke who would like --Mr. Allen, please come forward. City Clerk, will you swear Mr. Allen in? Raise your right hand. Do you solemly swear or affirm that the testimony you are about to give in this proceeding is the truth, the whole truth, and nothing but the truth, so help you God? I do. My name is Frank Allen, Code Supervisor, City of Palm Desert, and I work directly under Mr. Hill. To begin with, it's difficult for me to make a statement because Jim Hill was my supervisor, and being a member of the Exchange Club, we were great friends. Last week, the previous meeting here, Mr. Speer of Ironwood Country Club told about Jim's abilities. I agree. I don't think anybody can disagree, and I think when he was hired to set up the department, they got the right man, and normally I can work with Jim without any problems. But, I must say somewhere his supervision with the employees has been the problem. Thank you Mr. Allen. Is there anyone else present who wants to give testimony under oath to this Council at this time, come forward please. Would the City Clerk please swear her in? Raise your right hand. Do you solemly swear or affirm that the testimony you are about to give in this proceeding is the truth, the whole truth, and nothing but the truth, so help you God? Ray I do. Mayor Pull the microphone down a little bit, please. Ray My name is Donna Ray, and I am a temporary secretary that was hired. I took Linda Hutchinson's place while she was on vaca-- she was leaving to have a baby. She is since not coming back. I was hired — I previously worked over at the City of Indian Wells in the Building Department for approximately a year. I was on a CETA -29- MINUTES ADJOURNED 6 P.M COUNCIL MEETING December 17, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * program. My CETA program was to expire. When I applied for the position as temporary secretary, Mr. Hill hired me. After I had been here only approximately three and a half weeks, Mr. Hill was to leave and go on vacation. He talked to me, he asked if that I felt I could handle the secretarial division as far as being the boss over what was going on, secretarial wise only, in the department. We stayed until approximately 6:30 one night just talking about some of the problems I had in a short time noticed that was going on in the department. When Mr. Hill left, the day before he left, he called everyone from the department into the Council Chambers here. He said that Mr. Palomino was in charge of everything going on out in the field as far as inspections and that I was being charged with office personnel. Mr. Hill isn't the only one who delegated authority to me. I'd only been here two and a half weeks and Paul Byers gave me the combination to the safe, so I now am able in the mornings to go open the safe and take the money out of the safe. I think a lot of the reason that this authority was delegated to me was I worked in a building department for a year. Chuck Boone who's the administrator over there, when he would leave and go on vacation, I was in charge of the department in its entirety. I did plan checks; I issued building permits, took care of the phones, and took care of all incoming and outgoing correspondence, and I feel this is the reason Mr. Hill gave me the authority that he did. I have no further questions. Mayor Thank you. Mr. Clark or Mr. Erwin. Do you have questions? Clark No thank you. Erwin No. Mayor Is there anyone else present who would like give testimony under oath in this case before we close the public hearing? Comments from Mr. Erwin? Erwin None. Mayor Comments from the Council? O.K. I think it's evident that we need to go back into closed session to discuss this evidence. However, we do have -- we're 40 minutes over a regularly scheduled adjourned session which does have a public hearing that has been noticed and which I believe there are people here to give testimony on. I guess I'm looking for direction from the Council on whether we should conduct or at least through the Public Hearing section of our regular meeting and adjourn to closed session and discuss this matter because I have no idea how long this could take. Newbrander Mr. Mayor, would it be legal for us to adjourn to a closed session later and then go on with the regular Council meeting? To the extent of conducting it after the regular Council meeting, that would be permissible. Erwin -30- MINUTES ADJOURNED 6 P.M COUNCIL MEETING December 17, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor I think, though, in fairness to those who are here only for the personnel matter, I would prefer to adjourn to go into our closed session immediately following the public hearings. Is that agreeable to Council -- to conduct the Resolutions, Ordinances, and so forth after we have rendered a decision? So those that may wish to stay around may have -- Puluqi However, I would like to request a 5-minute recess. Mayor Do I have a consensus of agreement to do that? Snyder I move we have a 5-minute recess, return to the regular meeting and tend to only those matters which relate to public hearings, and adjourn to closed session. Puluqi I second. Mayor We stand adjourned, and we will go into a closed session to discuss this personnel matter (7:35 p.m.) COUNCIL ADJOURNED TO CLOSED SESSION IMMEDIATELY FOLLOWING THE PUBLIC HEARING SECTION OF THE 7:00 P.M. MEETING (9:40 P.M.) COUNCIL RECONVENED THE ADJOURNED PERSONNEL HEARING FROM CLOSED SESSION AT 12:45 A.M. Mayor ATTEST: eC SHEILA R. GIIh'IGAN, CIT ' ERK CITY OF PALM DESERT, - LIFORNIA I again offer an apology to the audience for the delay. The Council has reached a tentative decision, and we have asked the two attorneys to get together and discuss that and workout the details and if that goes alright, we will be ready to announce a decision at 4:00 p.m. on Monday, December 21st. So we will at the end of this meeting adjourn our Council meeting to 4:00 p.m. on December 21st. (12:50 a.m.) -31- OYLSON, MAYOR