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06-30-1989 - Special "-' ...." CITY COUNCIL OF EDGEWATER SPECIAL MEETING JUNE 30, 1989 MINUTES Mayor Mitchum called the meeting to order at 5:13 p.m. in the Community Center. He stated the prior meeting was recessed from June 21st for selection of a City Manager and this meeting is to decide on a background investigation or professional profile on the City Manager. ROll CALL Mayor David Mitchum Councilman Dan Hatfield Councilwoman Gigi Bennington Councilman Russell Gold Councilman Thomas Fish City Attorney Josel Alvarez Acting City Manager Susan Wadsworth Chief Lawrence Schumaker Present Present Present Present Present Present Present Present Councilman Fish stated that held previously recommended Equifax who specializes in professional profiles and held checked to find another organization but ran into difficulty. He stated that when he made further contact with Equifax he found they were unwilling to do any type of report that was subject to the Sunshine Law because confidentiality of the report is one of their hallmarks. He added that he doesn't know if they should go with a private investigative firm, or just what Council wants to do. City Attorney Alvarez pointed out that during negotiations with Mr. Johnson they need to require that he execute a hold harmless release to the City and to any City agent that does the background or professional profile investigation. He added that once that document is executed and the individual releases everyone in the investigation from any liability and confidentiality his sources may have, then any fears the investigative agency may have as to the protection of confidentiality and possibility of litigation may no longer be there. Councilman Fish agreed they could propose it. Councilwoman Bennington stated they need to decide how indepth they want to go. Councilman Fish suggested they look at: criminal records, a pattern of other places where he was employed and what kinds of problems they all had, and his relationships at the other places and the general public. He suggested they could send somebody to do it in person or to do it over the phone. Mayor Mitchum asked if he volunteered. Councilman Fish replied no. Councilman Hatfield suggested they go back for ten years because that should be sufficient to see a pattern if any developed. It was agreed to include Cocoa Beach. Councilman Gold suggested it may be beneficial if one of the previous or current employers has done an indepth investigation and they could follow up on that with areas of concern. Councilman Hatfield stated held talked with an employee in Cape Coral who said they'd done a background investigation but that it was personnel records and he didn't want to let it out. He suggested they could formally request it. Councilman Gold asked if Mr. Johnson would be agreeable to having it released. Mayor Mitchum suggested that Mr. Johnson himself could request it. Councilwoman Bennington suggested he could give a hold harmless to Cape Coral. Councilman Hatfield stated held talked to someone at Tamarac but failed to ask about a background there. Mayor Mitchum suggested they call Mr. Johnson to advise him he's the choice pending these items and they could ask him those questions. Councilman Hatfield asked the laws on personnel records because he thought it was Sunshine. City Attorney Alvarez replied there's an exception with Po 1 ice off i cers addresses, schoo 1 s, and th i ngs of that nature, but 99% of employee records are public record. ..... ..."", There was discussion about a date for negotiations. Councilwoman Bennington suggested they select a Council representative and legal advisor to meet and hash it out and bring it back to Council because she hates to negotiate the way the previous Council did with Mr. Powers as she felt it was very unprofessional. City Attorney Alvarez asked if they'd want a draft or preliminary agreement. Councilwoman Bennington replied yes, and then if they want to change anything they could do those specific issues rather than going through the entire agreement. Councilman Hatfield asked if they have to decide what they wish to offer since you can't go in with a blank check. Councilwoman Bennington noted that held given them guidelines at the interview. Councilman Gold expressed concern with the severance pay and suggested they go over it. Counc i lman Hatfield suggested they give whoever negotiates certain guidelines. Mayor Mitchum suggested they decide if they want to ask Mr. Johnson for a hold harmless release and ask him to release the investigation from Cape Coral which may give them a head start. Councilman Hatfield suggested they add Tamarac. City Attorney Alvarez suggested that items such as salary and money tickets be negotiated by Council as a whole and if a decision is made for a Council representative to negotiate it could cover standard aspects of the agreement with language and format and leave blanks which would be subject to negotiation. He suggested they work on developing the language of the agreement and have different options for items such as severance pay because it's standard with so much the first month or first six months and then so much the next six months and the longer you stay, the more severance pay you rece i ve. Counc ilwoman Bennington stated she doesn1t like vested severance pay. City Attorney Alvarez suggested they could propose the same benefits all other Department Heads get with vacation and sick leave. Councilman Fish noted that Mr. Johnson was thinking along that same line regarding benefits. City Attorney Alvarez explained that after you work six months you get six months worth, and you don't get vested the first day. Councilwoman Bennington noted that Mr. Johnson had mentioned a car allowance and she'd ordered a guide that has ideas of what the average is and he doesn1t want a City car. City Attorney Alvarez stated they need the entire price tag with salary, fringe benefits and car allowance, because they all interrelate and you wou1dn't offer too much of a car allowance if you have to come up on the salary. He pointed out if you negotiate each one separately from the City's point of view it would be to his advantage because hel11 be getting the maximum of each. Councilwoman Bennington stated they need to know how soon he can be available pending the replies. Mayor Mitchum replied it depends on Council. Councilwoman Bennington asked if Councilman Fish has the time to draft a proposal to Mr. Johnson with the City Attorney. Mayor Mitchum suggested they sit down and come up with something and bring the proposals back to Council at a special meeting. Councilwoman Bennington suggested they call the meeting on July 10th. Councilman Hatfield asked if negotiations could be done by then. Councilman Fish replied he didn't think it would be a problem and he could contact Mr. Johnson and notify him of the decision. Mayor Mitchum agreed Councilman Fish could contact Mr. Johnson and then bring back something on Monday, July 10th. He requested a motion include the City Attorney go ahead and request the hold harmless agreement from Mr. Johnson and get those background investigations and have those for the 10th from Cape Coral and maybe they wou1dn't have to go much further and could get it all done and back by the 10th. Councilman Hatfield suggested they contact Cocoa Beach. Councilwoman Bennington moved they appoint Councilman Fish to act as the Counci11s negotiator with City Attorney Alvarez as the legal advisor to sit down with Mr. Johnson and bring a proposed contract back to the Council on the 10th and that they ask Mr. Johnson to sign a hold harmless agreement in order that they may be able to get the background investigation from Cape Coral, Cocoa Beach, or Tamarac, by the 10th. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Mayor Mitchum suggested a motion to adjourn. Councilman Hatfield so moved. Councilwoman Bennington seconded the motion. Meeting was adjourned at 5:35 p.m. Minutes submitted by: Lura Sue Koser 2 Council Special Meeting Minutes June 30, 1989 .., ,.."" Signature page for Minutes of City Council Special Meeting held June 30, 1989. ATTEST: ~~ ACTING CIT MANAGER APp~oved th i s I 7 day of ~ ' 198..:L. 4:~#~ OR a//k- o OMAN - ZONE ~~~/~E'~( ~4 ~';U ~ OUNCILMAN - ONE 'FOUR t7 3 Council Special Meeting Minutes June 30, 1989