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12-30-1964 - Special 0; u u u " V SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF EDGE1;[A'I'F.lt, FLORIDA HELD DECIDffiER 30TH, 1964 The Special Meeting of the City Council of the City of Edgewater, Florida vras called to order by Mayor Dana T. Armstrong at 4:30 P.M. on December 30th, 1964, in the Mayor's Office. ROLL CALL Mayor Dana T. Armstrong Councilman Carl A. Siller Councilman Earl L. Tingle Councilman William H. Cairnie Councilman B. R. Ridgdill City Attorney W. D. Mathas City Clerk Helen W. Jones Deputy City Clerk Marie Robinson Present Absent Present Present Present Present Present Present The purposes of the meeting were as follows: Opening of bids and awarding same if found to be acceptable on diesel fuel and gasoline Reference to correspondence and appropriate action on Bair's Den Irving Tarnopol request for Variance Accept or reject suspension of Chief of Police Jack Hayman The City Clerk certified that the only bid turned in on the Diesel Fuel Oil and Gasoline was the one from Rossner and Sons turned in 1:30 P.M. on December 29th, 1964. The Bid on the Gasoline \.ras in the amount of 27.5<f; per gal. The Bid on the Diesel Fuel Oil was in the amount of 25.5<f; per gal. Motion duly made by Councilman Ridgdill we table this bid for the present time and bring it up at a later date, seconded by Councilman Cairnie and b;r vote CARRIED. The roll call vote was as follO\'i's: Councilman Tingle Councilman Cairnie Councilman Ridgdill Mayor Armstrong Nay Yea Yea Yea CORRESPONDENCE A letter was read from Lucille M. Bair operator of Bair's Den requesting she be allowed to move a house trailer on the back of her property. The letter was dated December 9th, 1964. A letter was read from Irving H. Tarnopol requesting a variance on zoning laws on his Riverside Drive property. The letter was dated December 23rd, 1964. Page 1 of 4 pages u t.J u . u f~ Motion duly made by Councilman Cairnie we table the letter from Mrs. Bair \Ultil we are given a chance to investigate, seconded by Councilman Ridgdill and by vote CARRIED. The roll call vote was as follows: Councilman Tingle Councilman Cairnie Councilman Ridgdill Mayor Armstrong Nay Yea Yea Yea Motion duly made by Councilman Cairnie We turn the letter from Mr. Tarnopol over to the Zoning and Planning Board, seconded by Councilman Ridgdill and by vote CARRIED. The roll call vote was as follows: Councilman Tingle Councilman Cairnie Councilman Ridgdill Mayor Armstrong Nay Yea Yea Yea Mayor Armstrong read the letter that was delivered to Jack Hayman, Chief of Police, Edgewater, Florida. The letter was dated December 29th, 1964. It read as follows: Chief Hayman: After several fruitless attempts to rectify irregularities and short comings":bthe Edgewater Police Department, I feel no longer should I alone be~r the responsibility of all Police activities, therefore I feel I must at this time suspend your services vQth the City of Edgewater effective 3 P.M. this date, subject to approval .or disapproval of the Ci ty Council. I have arranged an early meeting of the Council on this matter. The meeting will be December 30th at 4:30 P.M. /s/ Dana T. Armstrong IvTayor MAYOR ARMSTRONG: I have had numerous meeting with Chief Hayman and am not trying to run the man down in any respect. I am responsible for the activities of the Police Department. I~ny things have been discussed in private. I am not going to make it all public and put it in all the papers. The City council can uphold my decision or they can veto it. There will be no hard feelings about it. COUNCILl1AN TINGLE: Since r have been on the Council, a year and one month, I have never heard one bad reflection on the Chief of Police. I question the authority of the Mayor to suspend Chief of Police without approval of the Council. I protest this meeting which according to our City Charter is illegal. The Chief of Police has done a wonderful job. He is a good upstanding man. I request the l~yor produce for the City Council evidence that the Chief of Police is not qualified for job. Motion duly made by Councilman Tingle the Chief of Police be retained and have all the duties of the Chief of Police. Motion died for lack of a second. Page 2 of 4 pages . u ....; u , u Councilman Tingle requestnd the entire council be present to have say in this letter. Councilman Siller is out of town. Mayor Armstrong said a quorum is present. Mr. Robert Hatthe1ds, la'l-ryer of Chief of Police Jack Hayman: I not entirely familiar with the City Charter but I can not find section that grants the authority for suspension by the }~yor. like to be referred to it. am the I would City Attorney W. D. Mathas: Read Section 31 of the City Charter and said this would probably cover it. ~AYOR ARMSTRONG: November, a year ago, by resolution, this authority was designated to the Mayor. Attorney }~tthews: I understand the Council can fire anyone without reason but you would need some reason to suspend even if the Mayor had the power to do so. MAYOR ARHSTRONG: I do have the right to suspend. Attorney I\fu,tthe1'ls: If you have pO\'ler to suspend then ...here is the power? The man is hired by ordinance and if he is hired by ordinance he can't be fired today. Mayor Armstrong surrended his seat as }~or to City Councilman William H. Cairnie. Motion duly made by ~~yor Armstrong the City Council uphold suspension of Chief of Police until regular meeting of City Counci~ Monday Night when Council will either retain him or let him go, seconded by Councilman Ridgdill and by vote C~~RIED. The roll call vote was as follows: Councilman Tingle Councilman Cairnie Councilman Ridgdill Mayor Armstrong Nay Yea Yea Yea MAYOR ARMSTRONG: The decision is not going to make me mad one way or the other. But if he is retained Councilman Tingle will be responsible for the polic~ department. The Mayor won't be in charge. Mrs. Vivian Oyler: Everyone has been for Chief Hayman. MAYffi ARMSTRONG: I am. not against 'Chief Hayman. A t the last meeting of the City Council I commended Chief Hayman on his fine police report. George Kennedy asked if there was going to be a public hearing on this. HAYOR ARl-fSTRONG: No Hearing. Not one thing has brought this on but numerous things. I had hearing after hearing with the Chief of Police. He said he had meeting two months ago with Chief and if you ask the Chief of Police he will tell you this is so. COUNCILMAN TINGLE: At one of our previous meetings a letter was read to the public. We had a meeting in here after the Council Meeting and }~. Cairnie, ~~. Ridgdill and the Mayor had Chief of PoJ~ce fired, when we sat down. The 11ayor has never made official complaint about Chief of Police. Never produced anything about Chief of Police. MAYOR Am~TRONG: Chief of Police has not been fired. I have given this decision a great deal of thought. There has never been a Council that has been better informed then this one. Page 3 of 4 pages " . , " v ~ (.;) v HAYOR AHJ.1STRONG: I don't blame the Chief of Police as much as I blame you, Mr. Tingle, for telling him he can get away .\lith anything. There being no further business, motion duly made by C~~ncilman Cairnie vre now adjourt:l, seconded by Councilman Ridgdill and there were no objections. Hinutes taken by Marie Robinson. Time 5 :00 P.M. 1}~7 ~4.~'" ~ COUNCIIMAN ~<~cI Jr",11Pe' CooNC U1AN *)~ '~LL COUNCIUlAN Ji~ o--uc I - Id -// coo~ y~ / -..., ~~/~ ITY CLERK Page 4 of 4 pages