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Agenda Item 3. HRA Meeting Minutes – Tuesday, August 18, 2015 Page 4 1 Member Masche stated that when this was originally brought up by Member Wall and 2 subsequently tabled at the May 2015 HRA meeting, he had not thought that much about it and 3 understood that the HRA Executive Director was hired and controlled by the City and 4 supervised accordingly. Anticipating that the agreement was intended to be further revised to 5 provide a more collaborative approach, Member Masche opined that the document back before 6 the Board remained similar to that originally presented in May. Member Masche questioned 7 what the well-defined control feature should be in the agreement; and why the HRA had pulled 8 away from that so intentionally and completely. 9 10 Member Masche referenced the revised by-laws passed earlier in 2015 as they specifically 11 addressed the direction the Board provided to its Executive Director. However, when reading 12 this draft services agreement, Member Masche noted that it indicated that the HRA actually 13 could provide no direction at all. Member Masche stated that he was not in favor of this 14 agreement as it currently stands, and suggested it could be drafted to be more productive for 15 both the city and HRA as independent entities. Member Masche noted that “we’re all in this 16 together,” but according to this latest contract, many unknowns remained and potential 17 situations that couldn’t be envisioned where this agreement language may come into play and 18 hinder the HRA from having authority over its most important asset in accomplishing its work. 19 20 Member Etten suggested an easy fix would be to add a new section to this draft addressing the 21 Board’s direction to the Executive Director, clarifying from his perspective that the agreement 22 essentially was about supervision, not day-to-day work direction. 23 24 Member Wall disagreed, referencing the current draft language. 25 26 Member Etten noted there was nothing stating the HRA Board may request action of the 27 Executive Director, which would address Member Masche’s concerns; but reiterated that from 28 his perspective, this document dealt largely with hiring, firing, etc. 29 30 Member Masche questioned the agreement’s intention and if there was an underlying attempt 31 to keep control of the HRA Executive Director. Member Masche noted that he didn’t have 32 prepared language to suggest to define a more collaborative agreement to the document; but 33 suggested a different document be drafted that reflected the majority consensus of the HRA 34 Board specific to its authority for its Executive Director; and accurately reflect the HRA’s by- 35 laws. Member Masche referenced Section 3.6 of the HRA by-laws as adopted at the beginning 36 of 2015, with the language reflecting that the Executive Director took direction from the HRA 37 Board. In his interpretation of the draft agreement, Member Masche opined that certainly 38 didn’t appear to be the intention of the agreement that the HRA Board has the ability to operate 39 as stated in the by-laws. 40 41 th Commending Member Masche on his research and referencing the draft language in the 4 42 “Whereas,” Member Etten asked if that language would address the HRA by-laws and those 43 areas of concern. 44 45 Member Masche agreed that would address his concerns, and thanked Member Etten for 46 pointing out that specific language. 47 48 Member Wall stated that his problem with the draft services agreement wasn’t so much 49 personnel-related as policy-related in that the HRA gives up all control over the executive 50 director, and works for the City Manager and City Council, making it appear that the City 51 Council wants to run the HRA in this draft agreement. Member Wall noted Councilmember 52 Willmus’ attendance in the audience, and invited him to comment, along with 53 Councilmember/HRA Board Member Etten. Member Wall opined that this agreement 54 provided no control for the HRA Board, while they had the responsibility to spend city-levied 55 monies, a substantial fiduciary responsibility that the HRA gave up depending on who ran the