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11-28-1975 - Special .r........ --..- ( .." Q ~ CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA SPECIAL MEETING NOVEMBER 28, 1975 , ~~t~tr) i~\ \~:> l>> t'..: @;.i.\-.l~t."hk '\ ~ ..1(1 \ " ~ ~O\ {" \l , '~~V ~ The special meeting of the City Council of the City of Edgewater was called to order November 28, 1975 at 3:00 P.M. by Mayor Dana T. Armstrong. ROLL CALL: Mayor Dana T. Armstrong Councilwoman Ryta F. Webber Councilman William H. Cairnie Councilman Walter B. Sikes Councilman Calvin R. Dietz City Manager Dale Bryant City Attorney Joseph E. Weaver City Clerk Sue Blackwell Acting Chief Norman Me Call Present Present Present Present Absent Excused Excused Present Present Mayor Armstrong stated that the Charter states that the City Council shall have the power to appoint an attorney at law who shall be a graduate of a credited law school as municipal judge, and the judge shall serve at the will of the City Council. He stated that the thing in his mind is the City Council expediting their perogative as to whether or not the City judge is serving at their will. He asked the City Clerk to read the resolution that we instructed the assistant attorney to draw up. RES. NO. 618 A RESOLUTION REPEALING RESOLUTION NO. 586, WHICH RESOLUTION PROVIDED FOR THE EMPLOYMENT OF M. WOODROW TUCKER AS MUNICIPAL JUDGE FOR THE CITY OF EDGEWATER, FLORIDA; SETTING HIS TERM, SALARY, DUTIES AND RESPONSIBILITIES: REPEALING ALL CONFLICTING RESOLUTIONS AND PROVIDING FOR AN EFFECTIVE DATE THEREFOR. The City Clerk read this Resolution in full. Councilman Cairnie made a motion that we adopt this Resolution, being seconded by/Counctlwoman Webber. Councilman Cairnie asked the reason for this action being taken. Mr. Armstrong stated that he has had reprocusions from the public They have only asked that the Charter be reviewed in reference to the appointment that was made, and have the Council decide if they want to continue with the City judge that we have. He stated that he did some research with the protem City Attorney, and in doing so found that there is no question that the City Council has the power to appoint an attorn~y, however it does say that the indi- vidual shall be a graduate of a credited law school and he shall be an attorney at law. Councilman Cairnie stated that he was present when the statement was made that Mr. Tucker was a graduate of a law school. Councilman Sikes stated that our attorney at that time said that he did qualify. Mayor Armstrong stated that no one is discredited by the appoint- ment of a graduate from a law school, however the question is are we leaving the City open for litigation for action taken by by this individual. He said if we have something wrong, le~s correct it. ~ o o Councilman Cairnie stated that we were assured by our attorney that this man was qualified. Councilman Sikes asked if we know that there are some law suits pending, or is this just being heard? Mayor Armstrong stated that he can only say what attornies have told him, he said that he was told that we are laying ourselves wide open for being sued, and the fact is that we have had some cases recently, and we have some pending. Councilman Sikes asked if we have any records here that certain things are irregular as far as fines and so forth? Mayor Armstrong stated that the City Court only tries cases that are a violation of the City ordinances or misdemeanors, and as far as the judge reducing the charges from one thing to another, that is his perrogative as long as it doesn't violate a State Statute, but if it violates a State Statute, we are responsible for the action taken by the judge. Councilman Cairnie stated that he has always felt that to have a City judge who is living twenty miles from here is not in the best interest of the City. Mayor Armstrong stated that instead of getting into what some- one has done or is about to do, it is specific that the City judge shall serve at the will of the City Council. Councilman Cairnie asked if it has been established that Mr. Tucker is a graduate of a credited law school? Mayor ARmstrong stated that he does not have anything in his file that shows that he graduated from a credited law school, and webster says that an attorney at law is a person who for a fee shall represent another in a court of law. Mr. Katez asked who checked Mr. Tucker out before he was hired? Mayor Armstrong stated that he could not answer this question, there is no discredit to the man and his qualifications and knowledge, but is it the will of the City Council that he continue based on what we do and don't know about him. Mr. Wharton stated that he recalls the City Manager saying that he had checked all of those things out on Mr. Tucker. Councilman Sikes stated that as far as checking out the qualifi- cations of a City judge, we have to depend upon our attorney to determine if he is qualified professionally, and he made the statement. Councilwoman Webber stated that she questioned whether Mr. Tucker was qualified at the time he was hired, and our lawyer said that he could be hired. Councilman Sikes questioned if we have any records in our Police Department which we could look at to check this out? Mayor Armstrong stated that we could take depositions from the Police Department, and you would probably find that there is a person who has been fined $200.00 for one thing, and for one and the same thing in a few days, another person was fined $25.00. Councilman Sikes stated that we do not want to get ourselves in the position of having to spend a lot of money to defend ourself because of some action of a City official. -2- "V o o Mayor Armstrong stated that he didn't want to mistreat anybody , either. Councilman Sikes asked who would serve as judge until we hire a new judge? Mayor Armstrong stated that our protem Judge Mann would fill in until we hire a new judge. He was hired by the administration to serve in that capacity for the City of Edgewater. Councilman Cairnie called for a vote on the question. Upon roll call vote said motion CARRIED. The vote being 4-0. ADJOURNMENT: Councilman Cairnie made a motion to adjourn, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. ATTEST: ~)(tuJ ~ lf1:i Clerk Approved this _11~ay of counc..'~.// ../ / (~~ y~/ - ----0: // - 1:::7 Counc~lman December, A.D. 1975. A~~~ ~.4"~~ Mayor -3-