Peck v. City of Henderson et al

Filing 1

COMPLAINT against all defendants (Filing fee $ 350 receipt number 09780000000001233418), filed by Mary Kay Peck. Certificate of Interested Parties due by 5/25/2009. Proof of service due by 9/12/2009. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B 1-7, # 3 Exhibit Exhibit B 8-15, # 4 Exhibit Exhbit B 16-23, # 5 Exhibit Exhibit B 24-31, # 6 Exhibit Exhibit B 32-38, # 7 Exhibit Exhibit C, # 8 Civil Cover Sheet, # 9 Summons)(Kirshman, Norman)

EXHIBIT C

VERBATIM TRANSCRIPT

HENDERSON CITY COUNCIL MEETING CITY COUNCIL CHAMBERS PUBLIC COMMENTS BY NORMAN KIRSHMAN, ESQ. APRIL 14, 2009

Present:
James B. Gibson, Mayor Jack Clark, Councilmember Andy Hafen, Councilmember Steve Kirk, Councilmember Gerri Schroder, Councilmember

Mark Calhoun, Assistant City Manager Shauna Hughes, City Attorney Monica Simmons, City Clerk Ann Wilkinson, Assistant City Attorney Stephanie Garcia-Vause, Director of Community Development Robert Murnane, Director of Public Works
Steve Hanson, Director of Finance Becky Dresser, Deputy City Clerk

Tedie Jackson, Minutes Clerk

TRANSCRIPT PREPARED BY TEDIE JACKSON, CITY CLERK'S OFFICE

Henderson City Council Meeting - April 14, 2009 Public Comment by Norman Kirshman, Esq.

Page 2

1 2 3 4 5 6 7 8 9
10

MAYOR JAMES B. GIBSON: I think it appropriate to announce tl1at none of the remaining items an~ public hearings and we will take no testimony on any other item this evening. I have not yet closed the public comment period. If there is someone who wishes to speak this evening, then any of that, any presentation, any testimony on any item that is on this agenda that someone wants to offer in light of the fact that nothing else on this agenda is on the agenda for public comment, lid invite you to come forward because beyond this moment, we won't be taking any testimony. NORMAN KIRSHMAN: My name is Norman Kirshman. I'm attorney for Mary Kay Peck. Do I understand the Mayor to say that they'll be no public testimony in respect to that agenda item? MAYOR GIBSON: Yes. MR. KIRSHMAN: Why am I not surprised? MAYOR GIBSON: Sir, you choose not to make any testimony, then, now as a part of the public comment period? 15 that what you're saying? MR. KIRSHMAN: I don't choose not to make any testimony. I choose to - - I am here on behalf of - - I don't know, eight to ten people, and I am prepared to make a statement. MAYOR GIBSON: Okay. You can make that statement now, but it's not going to be heard any later than now. This is the public comment period.

11 12 13 14 15 16 17 18 19 20 21 22 23

24

Henderson City Council Meeting - April 14, 2009
Public Comment by Norman Kirshman, Esq.
1

Page 3

MR. KIRSHMAN: Pm happy to make it now.

2
3
4
5

MAYOR GIBSON: Okay.
MR. KIRSHMAN: I drafted the agreement between the City
and Mary Kay Peck in '07. The agreement was reviewed by the City Attorney. It was approved by the Council. I believe unanimously by the CounciL Eighteen months have passed. Mary Kay Peck, before becoming City Attorney ~ - I mean, City Manager - - served in several posts, was promoted up the line. She has more than 14 years with the City. I heard from Mary Kay Peck a month or so ago, and she indicated that she felt that she was at risk of being terminated. I've been representing her ever since. There has been some press. I didn't start the press. The press came from a Councilmember and anonymous sources. It was ironic to hear about transparency, because as I stand here today, 50 years out of law school
~~

6
7

8
9

10 11 12

13
14 15 16 17 18 19 20 21 22 23

a lot of practice - - it's the first

time I've ever been in a situation where I donlt know what the reason for this action is. I don't know. I can speculate, but it appears to me that there has been no transparency. There has been no negotiation. There has been nothing to lead me to believe that the decision wasn't made some time ago. I just want to ~ - I just want the record to show that Mary Kay Peck is no doubt going to be terminated for reasons that have never been articulated to me. I have been in touch with
~

- l ' v e been in touch with

24

Mr. Cooper, outside counsel. I've been in touch with your Honor. And alii ..

Henderson City Council Meeting - April 14, 2009 Public Comment by Norman Kirshman, Esq.

Page 4

1

get is that it's a done deal. She's gone, forget about it, Norm. I'm not

2
3
4

used to that.
We have never received a proposal from the City. The agreement ~ - I hope that nobody in the public has the idea that this was an agreement fostered on the City by Mary Kay Peck, through me, her lawyer. That is not the case. Not so. This agreement was drafted by me, presented to the City with

5 6 7 8 9 10 11 12 13 14 15

a few changes, signed off on.

So I want the

record to reflect that if there's been a failure here, the failure has been on the part of the City. The agreement provides for an evaluation during the first six months. She asked for one. She was told she didn't need it. The agreement also provides for an evaluation at the end of the first year. She asked for it. No evaluation. In the 18 months that she served, if we look at her file, there have been no evaluations. There is nothing negative or derogatory in that file. And I don't think it speaks well. I don't think it speaks well of the City to embrace someone with a contract that, quite frankly, if I were - if I were reviewing that contract, I wouldn't have made it as generous. wouldn't have. I would have fought it. But to start off with a favorable contract and 18 months later, when they had the opportunity at the end of the first year, had they given notice 90 days into the second six months - - notice to terminate - - they could have terminated her at that point. They didn't give such notice. For

16
17 18 19 20 21 22 23

24

the life of me, I can't imagine that anybody read that contract. .

Henderson City Council Meeting - April 14, 2009 Public Comment by Norman Kirshman, Esq.

PageS

1

So where are we now? We're at a point now where Item 75

2
3 4 5 6 7 8 9 10 11
12

is to consider the employment or the termination of Mary Kay Peck. And
the next item is the appointment of a new City Manager. I have nothing

but respect for Mr. Calhoun. I'm not pointing fingers at anybody.
But I want the world to know that the failure is not hers. The failure was on the part of the City. If they felt that she was not doing her job, they should have made a record of it. They should have given timely evaluations. They should have given her notice. They should have given her progressive discipline. In arbitration terms, labor arbitration, they should have given her due process. I gave a press release out a week or so ago, and I only did that because of, I think, three articles that came out from City sources. And they painted her as a less than competent person. Anonymous sources. A micromanager, other uncomfortable terms. I wanted to set the record straight. We have asked the City Clerk to make it official. We made a proposal. [ asked for a session with the City Attorney. I got to see Mr. Cooper, who came without any authority. I presented him with a proposal, which in my opinion, reflects what she should be entitled to if she were terminated without cause. And I don't even want to give lip service to any election by the Council to attempt to terminate her with cause, because there is no cause. There was no notification. There were no - - were no evaluations.

13 14 15 16 17 18 19 20 21 22 23

Henderson City Council Meeting - April 14, 2009 Public Comment by Norman Kirshman, Esq.

Page 6

1
2

That's alii have to say. If I've said anything that bears

1 response or contradiction, Pm here and 111 respond. But this has been -

3
4 5
6

this has been an experience that I hope I never have again in my life as a
lawyer. Thank you.
MAYOR GIBSON: Thank you.

\\

7

\\

8 9
10
11

\\
\\

\\

\\

12
13

\\
\\

14
15

\\
\\

16

\\

I attest that the foregoing is a true and accurate transcript of the public comments provided by Norman Kirshman, Esq., at the April 14, 2009, Henderson City Council meeting.

~~ V
Tedie Jackson, Minutes Clerk

Notary Pub"c - S i a l " 01 NOlIIIQa

TEDIE JACKSON
/IQ.97·2132·1
My AppolRlm8nl Expllas July 4. 2lI09