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06-27-1984 - Recessed u o . ~ t ~ CITY COUNCIL OF EDGEWATER RECESSED MEETING - JUNE 27,1984 MINUTES Mayor Ledbetter called the recessed meeting to order at 10:00 A.M. in the Community Center. ROLL CALL Mayor David Ledbetter Councilman Melbourne Wargo Councilwoman Gigi Bennington Councilman Neil Asting Present Present Present Present Councilman Jack Spencer City Attorney Jose' Alvarez City Clerk Connie Kinsey Police Chief Ed Overman Excused Present Present Excused Also present was Mr. Gene Johnson, an applicant for the Police Chief position. Mayor Ledbetter stated that due to a lack of quorum on June 26, 1984, they recessed until this date to discuss the application of Gene Johnson. City Attorney Alvarez said he had not been able to compile anything as of this time. Mayor Ledbetter asked how long it will take him to finish the review and City Attorney Alvarez said by the next day he should be done and it would depend on the availability of the individuals to review the documents. Councilman Asting said he didnlt feel they should proceed any further until they get the report from the City Attorney, and he moved that they do nothing further at the present time until they receive the reports from the City Attorney. Councilman Wargo seconded the motion. Motion CARRIED 4-0. City Attorney Alvarez asked Mr. Johnson if he had any objections to the instructions given to him by Council and Mr. Johnson replied he did not. Mrs. Mary Opal, from the audience, asked if what they read in the papers are true and if so, why would they have somebody who disobeyed the law. She said the papers should retract the statements if itls a lie and he should stand up and take the blame for what he did. Mayor Ledbetter pointed out that Ed Overman's last day is today. Councilman Wargo moved that they appoint Larry Westfall as interim officer-in-charge. Councilwoman Bennington asked the reason and Councilman Wargo said that he was the only officer in the department who applied for the job and he withdrew his candidacy as Chief but said held be happy to serve in any capacity the Council wishes. Councilman Asting suggested the Mayor be appointed to oversee the Police Department in the interim period until they appoint a Chief. Councilwoman Bennington seconded the motion for discussion, and said we have to look at liability on that. City Clerk Kinsey said sheld contacted the insurance carrier about this and held said that it would be difficult to get liability for anyone that isn't a certified Police professional but he would be able to get it and held told her that rotating pre-certified officers would be automatically covered. Councilman Asting noted that the appointment of the Mayor can be cleared by the Council per the Charter. Mayor Ledbetter pointed out that there are three other sergeants and if one is appointed there will be conflict in the department. He suggested the sergeant in charge of the shift be responsible and whoever they appoint can be contacted by that shift sergeant if he needs something. Councilwoman Bennington asked how it would be handled when there are two sergeants on a shift and Mayor Ledbetter said they could have a personnel shift and possibly the detective could go out on the streets. Councilwoman Bennington asked who would handle the scheduling and Councilman Wargo noted that Larry Westfall has been doing it. Councilman Wargo said none of the others applied for the job or indicated a willingness to serve the Council in any way and in view of that, if the others canlt support him and the City, then they don't need them. Mayor Ledbetter said he doesn't want the Police Department to get back in the shambles it was in before. Councilman Asting asked City Attorney Alvarez if Larry Westfall's being a union repre- sentative would be a problem and City Attorney Alvarez said if he's in the position of business agent or union representative and it's going to extend for any period of time it could be questioned. Councilman Wargo pointed out that the previous Chief was in the union until they started wage negotiations and he didn't think this would be a problem. Mayor Ledbetter called a short recess while City Clerk Kinsey left the meeting to find out if Larry Westfall is a union member. City Clerk Kinsey returned to the meeting and said that Larry Westfall is the representative and Bret Teitelbaum is the alternate. -11- Council Recessed Meeting Minutes June 27, 1984 . 0' ~ o Mayor Ledbetter asked if this would be a problem and Councilman Wargo suggested that he could step down during this interim period and the alternate take over or he can vacate his position, but held have the right to make that choice. Mayor Ledbetter said he feels anyone on Council would be capable of doing the job of overseeing for a short period of time and the entire Council would be needed to imple- ment any changes. Councilman Asting again referred to the Charter and Mayor Ledbetter said he doesn't see this as an emergency situation and it's a proven fact that the Chief is not a full time job and paperwork could be done in 2 or 3 hours a day and the rest of the time he'd be on the streets. Councilman Asting read from the job description for Police Chief and suggested they review this before making any appointments. He asked what powers the interim person would have and Councilwoman Bennington said there would be no other powers. Councilman Wargo said this should only take about two weeks. Councilwoman Bennington said she wanted no policy changes and all remain status quo. Councilman Wargo said he didn't see any reason for any hiring or firing during that time. Mayor Ledbetter agreed that there should be no changes made. Mr. Tom Sheridan, from the audience, asked why they don't get in touch with the Sheriff's Department for the loan of an officer and suggested they call Ed Duff as the person to talk to if there's an emergency. Councilman Wargo said he doesn't want to get into negotiating wages and terms when they have officers here. Mayor Ledbetter again pointed out that there are four sergeants and some have been sergeants longer than Larry Westfall, who has withdrawn his application. Councilwoman Bennington suggested they take the most senior sergeant for one week and then another the next week. Councilman Wargo said it would be chaos and he doesn't want to go four weeks or leave some of them out. He said he couldn't understand why there would be hard feelings as he feels the others will be big enough and man enough and have enough faith in their department to overlook the petty difference and get the job done. He added that he was told the department is upset because Ed Overman's terms weren't accepted. Councilman Asting asked if Larry Westfall would be capable of doing the job on a day to day basis with decisions to be made and administrative things to be done. Council- woman Bennington pointed out that Ed Overman has been training all the sergeants and he'd have to come to Council if it were a major decision. Councilman Wargo suggested the Mayor be the liaison person between the two groups to discuss problems that come up and Councilman Asting agreed. Councilman Asting stated that the Mayor as overseer could make any decisions that need to be made but Councilwoman Bennington disagreed with that and said she didn't want any changes made. Mayor Ledbetter pointed out that the Charter states the Chief of Police will receive his directions from the Mayor at the direction of Council. Councilwoman Bennington noted that it states Mayor and Council. Motion to appoint Larry Westfall as interim officer-in-charge DID NOT CARRY 2-2. Mayor Ledbetter and Councilman Asting voted NO. Councilman Wargo moved that Larry Westfall be appointed as interim officer-in-charge under the supervision of the Mayor and Council. Councilwoman Bennington seconded the motion. Motion DID NOT CARRY 2-2. Mayor Ledbetter and Councilman Asting voted NO. Mayor Ledbetter said he didn't question Larry Westfall's integrity or his duty to the citizens but they'll get back into hard feelings. Councilwoman Bennington said she didn't think they'd get into any more than they had before and the department's in an uproar again and it's not fair to the other men or the taxpayers. She added that they have to make a decision as to who's going to run the department or they'll be derelict in their duty. Councilman Asting stated they should have thought of that four months ago when Earl Baugh was fired. Councilwoman Bennington pointed out that liability is in question if they appoint someone who is not a certified officer. Mayor Ledbetter pointed out that Larry Westfall had his application in and only two people on Council supported him before. Mrs. Helen Siburn, from the audience, suggested they have a meeting with the Police Department to tell them. Mayor Ledbetter said he had no problem with appointing Larry Westfall. Councilman Wargo pointed out that the Council is going to supervise. -12- Council Recessed Meeting Minutes June 27, 1984 , . o o Councilman Wargo moved that Larry Westfall be appointed as temporary officer-in-charge for a period not to exceed two weeks. Councilman Asting asked to add that the Mayor would oversee as Council.s representative and Mayor Ledbetter said he wouldnlt accept that responsibility, it would have to be as a Council. Councilman Wargo agreed to under supervision of Mayor and Council to oversee. Mayor Ledbetter said held like to have Larry Westfall considered as Chief and Councilwoman Bennington pointed out that held withdrawn as a candidate. Mayor Ledbetter noted that Ed Overman had withdrawn also and was placed back in the running. Councilwoman Bennington seconded the motion. Mayor Ledbetter asked that Mayor be deleted and Councilman Wargo agreed that the wording is for Council only. Motion CARRIED 3-1. Councilman Asting voted NO. Councilwoman Bennington moved in,thosetwo weeks there are no policy changes and that status quo be maintained. Councilman Wargo seconded the motion. Motion CARRIED 4-0. City Clerk Kinsey suggested a recess to contact Larry Westfall to see if helll accept this. Councilwoman Bennington moved to recess. Meeting was recessed at 10:40 A.M. Mayor Ledbetter called the meeting back in session at 11 :02 A.M. City Attorney Alvarez was excused from the meeting at this time. City Clerk Kinsey stated that Larry Westfall will accept this assignment and his scheduled days off are today and tomorrow. Councilman Wargo moved they pay Larry Westfall a 50~ difference in pay for the interim period, or two steps on the pay scale. Mayor Ledbetter said he should get the pay of this Chief or the prior Chief. City Clerk Kinsey pointed out that there was $1.08 difference per hour from the former Chief to Larry Westfall. Councilman Wargo with- drew his motion and moved that they pay him $8.85. Councilwoman Bennington seconded the motion. Motion CARRIED 3-1. Councilman Asting voted NO. Councilman Wargo said this should start tomorrow morning and Councilwoman Bennington agreed. City Clerk Kinsey noted that held have no days off and Councilman Wargo said he could have week-ends off. Councilwoman Bennington suggested he be on call the rest of the time and run his regular schedule. City Attorney Alvarez returned to the meeting at this time. Mayor Ledbetter pointed out that the Council had promised a workshop meeting to John Gross and asked if Council could be at a meeting the following day after the 10:00 AM scheduled meeting. Councilwoman Bennington noted that she wonlt be available in the afternoon. Mayor Ledbetter noted that the City Engineer and City Attorney will be here for the earlier meeting. Council members agreed to this date and time. Councilman Wargo moved to adjourn. Councilwoman Bennington seconded the motion. Meeting was adjourned at 11:10 A.M. Minutes submitted by: Lura Sue Koser C~e: MAYOR " ~ rJ ~ u -7j~ - ATT~ . ~ /~) -i' CITY CLERK ~ ~ Approved thi 5 Iff day 01:1fJ,,1984. . ~ ~/}'7~ L V/Cf- MAYOR- ] Minutes of: Special Meeting & Workshop of June 25, 1984 Recessed Meeting of June 26, 1984 Recessed Meeting of June 27, 1984 -13-