Special Meeting
January 30, 2007
The
Mayor and Council of the City of Fairbury met in special session in the
Council Chambers, 612 D Street, Fairbury, Nebraska, on the 30th
day of January, 2007, at 7:00 p.m. Mayor E.M. Mueller called the meeting to
order.
Notice of meeting was given in advance thereof by publication in the
Fairbury Journal News, Fairbury, Nebraska, the designated method of giving
notice, as shown by affidavit of publication. The Open Meetings Act is
posted in the Council Chambers as required by law.
Roll call found the following Council Members present: Brown, Phillips,
Trimm, Nelson, Bender, Fry, and Polson. Absent: Byrd.
Mayor Mueller stated the purpose of the meeting was to conduct a hearing
concerning the non-reappointment of Rick Carmichael as the Chief of Police.
Mayor Mueller stated that within a half hour of meeting commencement, a
letter was received from Carmichael requesting his demand for a hearing be
withdrawn. Mayor Mueller read the correspondence from Carmichael in its
entirety. Trimm made a motion to accept Carmichael’s letter requesting his
demand for a hearing be withdrawn. Motion seconded by Phillips. On roll
call, Brown, Phillips, Trimm, Nelson, Bender, Fry, and Polson voted “yes.”
Byrd was absent. Motion carried.
Mayor Mueller stated the information pertaining to the non-reappointment of
Carmichael is not public at this time. Special legal counsel Jerry Pigsley
of Harding & Schultz stated the information is not public due to the fact
that it is a personnel matter and recommended the information not be
disclosed to council members.
Trimm asked Pigsley if it is legal for department heads and appointed
officials within the City to unionize. Pigsley replied yes, unionization by
management is legal as long as they are not in the same union as the people
they manage.
Phillips made a motion to adjourn the meeting. Motion seconded by Nelson.
On roll call, Brown, Phillips, Trimm, Nelson, Bender, Fry, and Polson voted
“yes.” Byrd was absent. Motion carried. Meeting adjourned at 7:08 p.m.
E. M. Mueller, Mayor
ATTEST:
Tami Arnold, City Clerk
