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07-25-1990 o o CITY OF EDGEWATER MERIT BOARD REGULAR MEETING WEDNESDAY, 3ULY 25, 1990 7:30 P.M. CITY HALL CONFERENCE ROOM MINUTES CALL TO ORDER: The Regular Meeting of the Merit Board was called to order by Chairman Harry Jones at 7:30 P.M. in the Conference Room at City Hall. ROLL CALL: Members present were Ms. Mr. Harry Jones. Ms. Patterson was excused. Secretary. Cece Stevens, Ms. Sondra Pengov, and Karen Grasberger arrived later. Ms. Also present was Lisa Miller, Recording APPROVAL OF MINUTES: The minutes from the May 23, 1990 meeting were submitted for approval. Ms. Pengov requested that there be an insertion of the actual date of the minutes that were being changed since this had been going on so long. It was suggested that the words as reflected in the Minutes of 3anuary 16. 1990 be added to the changes. Ms. Pengov moved to accept the minutes as amended. Motion seconded by Ms. Stevens. Motion carried 3-0. UNFINISHED BUSINESS: The draft of the Bylaws that was received from the City Attorney concerning the swearing in of witnesses at grievance hearings was discussed. It was suggested by Mr. Jones a sentence be added to the wording on page four (4) after 'on the witnesses' personal knowledge of the matters attesting to,' insert: Either of the parties of a arievance hearinq may ask the Merit Board to request the presence of specified persons in writing. to be present to testify under oath of matters to which they have a personal knowledae. Ms. Stevens moved that the paragraph that they just went over be sent to Mr. Alvarez via the City Manager for return to the Board. Ms. Pengov seconded. Motion carried 3-0. Ms. Grasberger arrived at 7:45 P.M. Mr. Jones called a recess at 7:47 P.M. to advise Ms. Grasberger as to what had happened in the meeting to this point. He called the meeting to order at 7:49 P.M. Mr. Jones brought up the subject of abstaining from voting information that was furnished to the Board from the City Manager's Office. There was discussion as to whether it should be put into the Bylaws. Ms. Pengov moved that they incorporate not being able to abstain from voting in the Bylaws. It should be worded the same as in the Code Board's Bylaws. On page 3 of the Bylaws under Votino insert: No member who is present at any meetina at which an official decision, rulina. or other official act is to be taken or adopted may abstain from votina in reaard to any such decision. rulina or act: and a vote shall be recorded or counted for each such member present. except when. with respect to any such member. there is. or appears to be. a possible conflict of interest under the provision of s. 112.311.s.112.313, or s. 112.3143. In such cases. said member shall comely with the disclosure reauirements of s. 112.3143. Ms. Stevens seconded. Motion carried 4-0. o o NEW BUSINESS: Mr. Jones presented a memorandum to Mayor Mitchum, City Council via City Manager from the City of Edgewater Merit Board dated July 31, 1989 in which the Board attached some corrections to the duties of the Merit Board due to the event of the Mayor, Council, City Manager form of government. Mr. Jones stated it came back from the City Attorney in the form of Ordinance 89-0-30 which read exactly the way the corrections had been submitted. The Ordinance which finally came out as 89-0-30 had been changed. City Council had been struck out and replaced with City Manager. This means that any decision of the board would go to the City Manager period. Ms. Grasberger stated that this was the Ordinance that the City Council signed. Mr. Jones stated that he showed this to Council and that they were disturbed because this is not what they thought they were signing. Ms. Pengov questioned Mr. Jones bringing this item up before the Council. Ms. Pengov questioned if Mr. Jones went to the Council as a representative of the Merit Board. Mr. Jones stated that yes, he did. Ms. Pengov stated that she found it strange that the Board did not know anything about it. Mr. Jones stated that he didn't know about it in time to get on the agenda. Ms. Pengov stated that the Council meets every two weeks. Mr. Jones stated that the City Attorney stated he had written the original Ordinance 89-0-30 and then without his knowledge it had been rewritten and the intent had been changed. Ordinance 89-0-30 now states that the Board's recommendations go to the City Manager, period. It does not give the Board access to Council. Ms. Pengov questioned who would rewrite this. Mr. Jones stated that Mr. Johnson said that he rewrote it after talking to the City Attorney. Ms. Pengov questioned that it was rewritten and then the Council signed it without reading it. Ms. Grasberger questioned whether it was assumed that they were signing what had originally been presented to them. Ms. Pengov questioned where the Board got the copy of the original Ordinance 89-0-30. Mr. Jones stated that he got it directly from the City Attorney's office. It was the only copy that Mr. Alvarez had in his file. Mr. Jones stated that Mr. Alvarez had no knowledge of the conversation with Mr. Johnson or of the change. Ms. Pengov stated that Mr. Alvarez signed the final draft of the Ordinance. Ms. Pengov questioned what the Board was trying to do with this. Mr. Jones stated that he was trying to get this back so that the Merit Board would have access to the City Council. Mr. Jones stated that he wanted to asl~ the Council to correct the Ordinance. Ms. Pengov stated that the Merit Board should have been consulted before Mr. Jones took the problem before the City Council and represented himself as the Chairman of the Merit Board on their behalf. Mr. Jones stated that he would have probably handled it differently, but he thought the Board would have been unhappy if he had called a Special Meeting to discuss this. Ms. Pengov stated that no, it would have been fine. Mr. Jones stated to let the record show that the Merit Board has castigated him for not coming to the Board first before going to Council regarding Ordinance 89-0-30. Ms. Pengov moved that Mr. Jones to send a memo to the Mayor and City Council via the City Manager's office requesting that Mr. Jones be removed from the agenda of August 6, 1990 City Council meeting. The memo should also say that correspondence regarding Ordinance 89-0-30 will be forthcoming. Ms. Stevens seconded. Motion carried 4-0. Page 2 o Q Ms. Grasberger moved to propose to Council three corrections to Ordinance 89-0-30,: Chapter 13, #2, Strike through the word-Et.y eoonct~--, and after the word City Manager include and City Council. Numbers 3 and 6 to read, and City Council after underlined City Manager. Ms. Stevens seconded. Motion carried 4-0. Ms. Pengov moved to prepare a memo listing three proposed changes to Ordinance 89-0-30: Chapter 13, #2, Strike through the word-E~ty-Eotlne~r, and after the word City Manager include and City Council; numbers 3 and 6 to read and City Council after underlined City Manager. Ms. Pengov stated the memo should be addressed to Jose' Alvarez via the City Manager. Ms. Stevens seconded. Motion carried 4-0. Ms. Pengov moved that the Bylaws be changed to read to start the Merit Board meeting from 7:30 P.M. to 7:00 P.M. Ms. Stevens seconded. Motion carried 4-0. There was some discussion regarding the Merit lncrease Report that is provided to the Board for their information. Ms. Pengov moved to adjourn. Ms. Grasberger seconded. Meeting adjourned 9:20 P.M. Minutes respectfully submitted by: Lisa R. Miller Recording Secretary Page 3 o o CITY OF EDGEWATER MERIT BOARD REGULAR MEETING WEDNESDAY, JULY 25, 1990 7:30 P.M. CITY HALL CONFERENCE ROOM MINUTES CALL TO ORDER: The Regular Meeting of the Merit Board was called to order by Chairman Harry Jones at 7:30 P.M. in the Conference Room at City Hall. ROLL CALL: Members present were Ms. Mr. Harry Jones. Ms. Patterson was excused. Secretary. Cece Stevens, Ms. Sondra Pengov, and Karen Grasberger arrived later. Ms. Also present was Lisa Miller, Recording APPROVAL OF MINUTES: The minutes from the May 23, 1990 meeting were submitted for approval. Ms. Pengov requested that there be an insertion of the actual date of the minutes that were being changed since this had been going on so long. It was suggested that the words as reflected in the Minutes of January 16. 1990 be added to the changes. Ms. Pengov moved to accept the minutes as amended. Motion seconded by Ms. Stevens. Motion carried 3-0. UNFINISHED BUSINESS: The draft of the Bylaws that was received from the City Attorney concerning the swearing in of witnesses at grievance hearings was discussed. It was suggested by Mr. Jones a sentence be added to the wording on page four (4) after 'on the witnesses' personal knowledge of the matters attesting to,' insert: Either of the parties of a orievance hearino may ask the Merit Board to reouest the oresence of soecified oersons in writino. to be oresent to testify under oath of matters to which they have a personal knowledoe. Ms. Stevens moved that the paragraph that they just went over be sent to Mr. Alvarez via the City Manager for return to the Board. Ms. Pengov seconded. Motion carried 3-0. Ms. Grasberger arrived at 7:45 P.M. Mr. Jones called a recess at 7:47 P.M. to advise Ms. Grasberger as to what had happened in the meeting to this point. He called the meeting to order at 7:49 P.M. Mr. Jones brought up the subject of abstaining from voting information that was furnished to the Board from the City Manager's Office. There was discussion as to whether it should be put into the Bylaws. Ms. Pengov moved that they incorporate not being able to abstain from voting in the Bylaws. It should be worded the same as in the Code Board's Bylaws. On page 3 of the Bylaws under Votinq insert: No member who is oresent at any meetino at which an official decision. rulino. or other official act is to be taken or adooted may abstain from voting in reaard to any such decision, rulina or act: and a vote shall be recorded or counted for each such member oresent. exceot when. with respect to any such member. there is. or aooears to be. a oossible conflict of interest under the orovision of s. 112.311.s.112.313, or s. 112.3143. In such cases, said member shall comolv with the disclosure reauirements of s. 112.3143. Ms. Stevens seconded. Motion carried 4-0. o o NEW BUSINESS: Mr. Jones presented a memorandum to Mayor Mitchum, City Council via City Manager from the City of Edgewater Merit Board dated July 31, 1989 in which the Board attached some corrections to the duties of the Merit Board due to the event of the Mayor, Council, City Manager form of government. Mr. Jones stated it came back from the City Attorney' in the form of Ordinance 89-0-30 which read exactly the way the corrections had been submitted. The Ordinance which finally came out as 89-0-30 had been changed. City Council had been struck out and replaced with City Manager. This means that any decision of the board would go to the City Manager period. Ms. Grasberger stated that this was the Ordinance that the City Council signed. Mr. Jones stated that he showed this to Council and that they were disturbed because this is not what they thought they were signing. Ms. Pengov questioned Mr. Jones bringing this item up before the Council. Ms. Pengov questioned if Mr. Jones went to the Council as a representative of the Merit Board. Mr. Jones stated that yes, he did. Ms. Pengov stated that she found it strange that the Board did not know anything about it. Mr. Jones stated that he didn't know about it in time to get on the agenda. Ms. Pengov stated that the Council meets every two weeks. Mr. Jones stated that the City Attorney stated he had written the original Ordinance 89-0-30 and then without his knowledge it had been rewritten and the intent had been changed. Ordinance 89-0-30 now states that the Board's recommendations go to the City Manager, period. It does not give the Board access to Council. Ms. Pengov questioned who would rewrite this. Mr. Jones stated that Mr. Johnson said that he rewrote it after talking to the City Attorney. Ms. 'Pengov questioned that it was rewritten and then the Council signed it without reading it. Ms. Grasberger questioned whether it was assumed that they were signing what had originally been presented to them. Ms. Pengov questioned where the Board got the copy of the original Ordinance 89-0-30. Mr. Jones stated that he got it directly from the City Attorney's office. It was the only copy that Mr. Alvarez had in his file. Mr. Jones stated that Mr. Alvarez had no knowledge of the conversation with Mr. Johnson or of the change. Ms. Pengov stated that Mr. Alvarez signed the final draft of the Ordinance. Ms. Pengov questioned what the Board was trying to do with this. Mr. Jones stated that he was trying to get this back so that the Merit Board would have access to the City Council. Mr. Jones stated that he wanted to ask the Council to correct the Ordinance. Ms. Pengov stated that the Merit Board should have been consulted before Mr. Jones took the problem before the City Council and represented himself as the Chairman of the Merit Board on their behalf. Mr. Jones stated that he would have probably handled it differently, but he thought the Board would have been unhappy if he had called a Special Meeting to discuss this. Ms. Pengov stated that no, it would have been fine. Mr. Jones stated to let the record show that the Merit Board has castigated him for not coming to the Board first before going to Council regarding Ordinance 89-0-30. Ms. Pengov moved that Mr. Jones to send a memo to the Mayor and City Council via the City Manager's office requesting that Mr. Jones be removed from the agenda of August 6, 1990 City Council meeting. The memo should also say that correspondence regarding Ordinance 89-0-30 will be forthcoming. Ms. Stevens seconded. Motion carried 4-0. Page 2 u o Ms. Grasberger moved to propose to Council three corrections to Ordinance 89-0-30,: Chapter 13, #2, Strike through the word-E~ty Eoaneit--, and after the word City Manager include and City Council. Numbers 3 and 6 to read, and City Council after underlined City Manager. Ms. Stevens seconded. Motion carried 4-0. Ms. Pengov moved to prepare a memo listing three proposed changes to Ordinance 89-0-30: Chapter 13, #2, Strike through the word-e~ty-eo~ne~T, and after the word City Manager include and City Council; numbers 3 and 6 to read and City Council after undel-lined City Manager. Ms. Pengov stated the memo should be addressed to Jose' Alvarez via the City Manager. Ms. Stevens seconded. Motion carried 4-0. Ms. Pengov moved that the Bylaws be changed to read to start the Merit Board meeting from 7:30 P.M. to 7:00 P.M. Ms. Stevens seconded. Motion carried 4-0. There was some discussion regarding the Merit lncrease Report that is provided to the Board for their information. Ms. Pengov moved to adjourn. Ms. Grasberger seconded. Meeting adjourned 9:20 P.M. Minutes respectfully submitted by: Lisa R. Mi ller Recording Secretary Page 3