Fire Commissioners October 15 2013 Special Meeting

 

 

Fire Commissioner Mycock opened special meeting at 1301 hours.

 

Fire Commissioner Mycock ask for Public comment- No comments from the public

 

Fire Commissioner Mycock stating special meeting for the purpose for Global Mediation of David and Jayne Pierces’ Federal and Superior court cases.  This is in accordance to section 21 and subsection 9 of the open meeting laws to bring this special meeting of the Board of Fire Commissioners to the public.

 

Fire Commissioner Mycock stating that our legal counsel suggested that the Board of Fire Commissioners brings mediation forward on a global basis.

 

Fire Commissioner Mycock stating that if we agree to mediation than the court case that has been scheduled will be cancelled until mediation has be completed and or a discussion has be agreed upon by both parties. Mediation will be pending on the Districts’ Insurance company compliance with the process.

 

Fire Commissioner Mycock stating what we have to decide if we want to go into mediation or not.

 

Fire Commissioner Field and Nailor concerned why is this being brought to the table now and not month’s prior.

 

Fire Commissioner Field stating that we are in a “rock and hard place”. We have been scheduled to go to superior court for a while and concerned why bring mediation forward now it should have been done sooner.

 

Fire Commissioner Mycock is concerned has well with Fire Commissioner Nailor about mediation process

 

Fire Commissioner Mycock stating that mediation is not arbitration.

 

Fire Commissioner Mycock stating remember in 2011 mediation was brought up and voted to go to mediation but did not go forward because the plaintiffs’ did not want all the information given to the mediator, we decided not to go forward at that time unless all facts were allowed to be given to the mediator.

 

Fire Commissioner Mycock making a statement that we vote for mediation subject to insurance company approval.

 

Fire Commissioner Mycock stating that if we vote for mediation the Federal Court date will still be on unless mediation was successful, but as it stands today the November Federal court date will still be moving forward.

 

Fire Commissioner Mycock stating that mediation is the right thing to do subject to insurance company approval.

 

Fire Commissioner Nailor stating the court looks favorably on people that go to mediation first to try to work things out.

Fire Commissioner Field stating not sure that mediation is in the best interest of the District.

 

Fire Commissioner Field asking the Board members to convince him that it is wrong not to go to mediation.

 

Fire Commissioner Field makes a motion that we reject the offer of mediation. No second, motion does not carry.

 

Fire Commissioner Mycock stating that this has been one of the hardest decisions makes for this Board at this point.

 

Fire Commissioner Mycock makes a motion that we go to mediation subject to insurance company approval no later that Thursday of this week. No second, motion does not carry.

 

 

Fire Commissioner Mycock request to adjourn for a moment to call legal counsel.

 

Fire Commissioner Mycock reconvene meeting

 

Fire Commissioner Mycock makes a motion to go into executive session to discuss possible mediation for the David and Jayne Pierce legal allegations.

 

Fire Commissioner Field seconded, roll call vote all in favor. Motion carries.

 

Fire Commissioner Mycock stating we reconvened Fire Commissioners meeting after being in executive session at 1409hrs on October 15, 2013

 

Fire Commissioner Mycock makes a motion to agree to mediation pending insurance company approval in regards to David and Jayne Pierce for global mediation, seconded by FC Nailor, roll call vote all in favor, motion carries.

 

Fire Commissioner Mycock made a motion to adjourn, seconded by Fire Commissioner Nailor, motion carries meeting adjourned at 1409hrs