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10-04-1983 - Special ~ . u u CITY COUNCIL OF EDGEWATER SPECIAL MEETING OCTOBER 4, 1983 MINUTES Mayor David Ledbetter called the Special 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 Earl Baugh Present Present Present Present Mayor Ledbetter stated the purpose of the meeting was to discuss the Police inter- department affairs and activities with each member of the force. Councilman Wargo said held like to recommend that Council hear each individual police officer with no interruption in their dissertation and no input from the public. Councilman Spencer noted that the members of the Police Department should not fear that they would be jeopardized or their jobs put in jeopardy from anything they wished to say at this meeting. Councilman Asting stated this was discussed at the last meeting. Mayor Ledbetter asked that the individuals be given immunity from harrassment from the supervisors or department heads. All Council members agreed. Sergeant Larry Westfall said the meeting of September 21st started over a few com- plaints with evaluations and some newspapers were making it appear that the City was being dragged through the mud. He said he was injured in 1978 in a hunting accident and tore the ligament in his right knee and was on crutches. He said durin9 his recuperation he was made to come back to service on night shift to avoid overtime and was in the patrol car on crutches. He noted that in 1981 he was injured again and had a little finger broken by an individual while taking away a shotgun from a threatened suicide. He said during that recuperation he was confronted as to when he would be returning to work and the doctor had said it would be one to two months before the finger would heal. He said the letter was received from Dr. McLeod indi- cating that it was possible he could be put back in service and that letter was solicited by the Chief, according to Dr. McLeod. He said he was notified by the Chief that he would be returning to service on the night shift the following Saturday and his finger was still in a cast and he couldn't hold his service revolver. He stated held advised the Chief that held have to give him and each member of Council his intent to sue in case he was injured because of incapacity, and was then advised by the Chief that he wouldn1t be put back that Saturday and that held have to meet with Mr. Mitchell the following Monday morning. He said when he talked with Mr. Mitchell, Mr. Mitchell said he shouldn't return to duty until he was 100%. He referred to the tires which vlere placed on a persona; vehicle belonging to the Chief and had been. taken off Officer McEver's vehicle and were still good. He said a former Council member had the Sheriffls office conduct an investigation on this matter and the end result was that the Chief would pay $5.00 for each of the tires. He said he was called into the Chief's office regarding this matter and he advised the Chief and Bill Rickelman that as a City official or a person in the general public, he would answer as truthfully as he could any questions that were asked. He then referred to a taping device used to tape a conversation that took place in a different room on a different phone and he requested that a strong policy be enacted to stop this type of activity before it created problems. He said the State and Federal agencies had been led to believe that the department had a taping system but it does not. He noted that their radio is being taped by New Smyrna Beach and asked who was responsible for that and who pays the cost. He said the State Statutes refers to when its admissible evidence to be used in court. He noted that there was no phone device on the phone that indicates to the caller that their voices are being taped, and he felt the facts were misrepresented and no agency could give a decision with key factors not being given. He said the individual illegally taped the conversation of another which was done on a different phone in a different room. / ~ o o Mr. Larry Westfall (continued)- Mr. Westfall said he felt his evaluation was not done properly and he had lost 51% of his annual gross because of that. He said he felt if the Chiefls employment with the City was to continue there would be more lawsuits against the City. He said his return to work before he was able was as stupid as the request to return to work before release. Councilman Asting asked who he was referring to as stupid. Mr. Westfall said it also referred to the incident and he was referring to the Chief of Police. He said he had no doubts there would be questions raised but his integrity and feeling of honesty would not permit him to continue his employment with the City and if he must, helll retire and take whatever steps are necessary to bring the infor- mation to the public on open Council floor. He said some individuals had left because of the turmoil and lies and broken promises and held advised the Chief held be glad to give his resignation if he felt he was no longer serving the City, and had asked the Chief to have the same regard for the members of the community. He said he was having his attorney look.at the retirement plan, but he didn't feel he could be a part of a system where individuals did anything they could to keep their job. He noted the reason for the decision to resign if things didn't change was that he couldn1t put up with lies, deceits and broken promises. He stated the past examinations were not done by the contract, even the tests for sergeants. He noted the Chief has a new vehicle to drive to and from work and then they requested two used vehicles for patrolmen and the previous experience with used vehicles was a disaster. Mr. Westfall said there was no way that anyone else would come up and walk away feeling they wouldn't be harrassed and questioned for it. He asked the Chief to resign his position as Chief and let the City grow without all the problems and future lawsuits. Councilman Spencer asked Mr. Westfall about his statement 'regarding a letter of resignation and Mr. Westfall said he has a request for retirement. Councilman Spencer asked him under what circumstances he planned to activate this and Mr. Westfall said if proper changes were not forthcoming for the good of the Community and if the Chief will not turn in his resignation, he will. Councilman Asting noted that any harrassment would be in conflict with the union con- tract and anyone could file a grievance. Mr. Westfall said they could file it but the City Council has the responsibility for the well being of the employees. Lieutenant Bill Rickelman said he wanted to resign in a very quiet manner and asked that the press not print anything about it but it seemed a lot of articles had gone out and he was quoted as saying he had criticized the Council. He said he didn't know why that was in there because he had expressed his gratitude to the present City Council and he had no hard feelings with this Council. He said his only statement was that he felt the problems in the Police Department were probably no more than any other Police Department or private industry and he didn't think they needed to air their gripes before the press or the public. He said he felt the Personnel Officer could handle most of these problems. Councilman Wargo asked Mr. Rickelman if he was always consulted and advised of every- thing within the department due to his position as second in command. Mr. Rickelman said no, not everything. Councilman Wargo asked him if there was a period of time in the past when the Chief did not communicate with him at all. Mr. Rickelman said that if he meant deliberately did not talk to him, no. Councilwoman Bennington noted that it was implied that one of the reasons he was leaving was the problems in the Police Department and Mr. Rickelman said that was part of it. Councilman Spencer said Council expressed their gratitude to him at the meeting the night before and regretted that he was leaving. He asked Mr. Rickelman if he felt the Police Department was basically an honest group of people and sincere in their efforts and Mr. Rickelman said yes, he does. Councilman Spencer noted that Mr. Westfall had been involved in a couple of calls in which he was involved and had done an outstanding job for the City. -2- Special Council Meeting Minutes October 4, 1983 o o Mr. Bill Rickelman (continued) - Mayor Ledbetter asked Mr. Rickelman about the nunber of hours of overtime in the past' 10 months and Mr. Rickelman said he had approximately 260 hours of overtime but when he started in that roster he started at 150 so he had approximately 110 hours of overtime. Councilwoman Bennington asked if the part of the reason for his leaving that was due to problems with the Police Department were specific problems with the Chief or just the Department. Mr. Rickelman said some reasons were beyond the Department and it had to do with past Councils and the fact that they kept getting new facilities and equipment for the Water Plant, Sewer Plant, Fire Houses, and City Garage and the Police Depart- ment still sits in an old renovated building with no facilities to hold prisoners, two used vehicles for patrols approved, and they are constantly going backward. Mayor Ledbetter compared the Police Department budgets when he first came to the City and today and said he felt they didn't need a car for every Police officer. Mr. Rickelman said he didn't want to air the dirty laundry before the public. Sergeant William Lenz said any Police Department, regardless of size, had problems, as does any business or company, and the proper way to handle them was with union contracts, the Merit Board and the Personnel Officer. He said he'd been with the Department since 1976 and the opportunity for an individual to file a grievance with the union is there. He said they have a cramped condition for working and dispatchers have the space of a normal bathroom and they have to work eight hours there. He said he felt the Police Department had done a pretty good job and he was proud of it and had no personal gripes but thanked Council for the opportunity to speak. Council- man Wargo asked him if held considered resigning in the past 4 or 5 months and Mr. Lenz said no. Councilman Wargo asked about a movie being shown at 1 A.M. and asked if that was in line with good conduct to have officers looking at them. Mr. Lenz said he wasnlt aware of a movie being shown at 1 in the morning. Mayor Ledbetter ,Stated he heard in the past 2 or 3 days he was on the verge of resigning. Mr. Lenz said in the last day or so, yes, but not in the past 4 or 5 months, and he was upset about some minor conditions but they could be straightened out. Mayor Ledbetter ask~d about the pictures shown in the Rescue Room, and Mr. Lenz said Councilman Wargo had asked about movies shown at 1 in the morning and there were no movies shown but a piece of equipment was tried out that he'd rented because they were interested in obtaining video equipment for the OWl cases. He said he was unfamiliar with the equip- ment and one of the dispatchers showed him how to hook it up and this was at 1 in the afternoon. Councilwoman Bennington asked him if he was on duty and Mr. Lenz said he was off duty and the dispatcher was on duty. Mayor Ledbetter asked him wh~t type film was shown and Mr. Lenz said the kind you get across the counter and that are seen in Playboy. Darry Hayashi came forward and Councilman Wargo asked him if he was contemplating resignation. Mr. Hayashi said yes due to the fact that he'd applied with the Sheriff's Department and was notified that he'll most likely be employed by them at the first of the year. Councilwoman Bennington asked him why he was leaving and Mr. Hayashi said the City is a stepping stone for anyone in law enforcement and the Sheriff's Department has opportunities and specialty units and K-9 units and aviation units available. Councilwoman Bennington asked him if there were any problems in the Police Department that caused him to leave and Mr. Hayashi said all departments have their problems but he had no ill feelings. Councilman Asting asked Mr. Hayashi if he was doing it for personal advancement rather than due to the situation here and Mr. Hayashi said his application had been in the Sheriff's office for over a year. Councilman Spencer noted that about It years ago there was a problem at the Florida Shores Property Owners clubhouse and Mr. Hayashi assisted in trying to get a telephone there and as a result, it came in very useful recently when it was needed. Council- man Spencer thanked him for what he'd done for the City and the citizens. Detective Sergeant Bucky McEver was asked by Councilman Wargo if he contemplated resigning. Mr. McEver said if an opportunity was presented that he felt would be better for him, he would take it. He said he had applications in at the Cape but hadn't heard from them and had applied 3 or 4 years at the Sheriff's office. Council- man Wargo asked him if he was planning to return after his vacation and Mr. McEver said yes, and held been shopping around for about 6 years now. Mayor Ledbetter asked him if he was seeking employment elsewhere if the situation arises and Mr. McEver said no, as the opportunity has been available and he's changed his mind. Council- woman Bennington asked him if he felt the same as Mr. Hayashi regarding the City being a stepping stone and Mr. McEver said he meant that it's a base for other opportunities and the Sheriff's Department has so much more to offer. -3- Special Council Meeting Minutes October 4, 1983 Q Q Patrolman Tod Garthwaite was asked by Councilman Wargo if he contemplated resigning and Mr. Garthwaite said he hadn't given the Chief any indication he plans to resign but he has an application in with New Smyrna Beach and he will give the Chief the notice. Councilman Wargo asked him if he had any complaints and Mr. Garthwaite asked him if he meant against the Chief. Mr. Wargo said this was not against the Chief. Mr. Garthwaite said he felt it was wrong to bring this meeting to the public and the press and that the question to Mr. Lenz was in very poor judgement. Councilman Wargo noted that when Council gets word that several officers were planning to resign and some of the reasons were lack of good order or lack of good judgement then they should get involved. He asked Mr. Garthwaite if he objected to the language used in the department. Mr. Garthwaite said the only way he'd be offended by the language would be if it were used in front of others such as the public or family. CO,unci1man Asting asked t~r. Garthwaite why he would leave and Mr. Garthwaite said it pays more money, which would be one of the reasons. Councilman Asting asked what some of the other reasons would be and Mr. Garthwaite said they offer more benefits to the Police officers. Councilman Asting asked him if leaving would be due to problems of harrassment or anything to do with the Chief and Mr. Garthwaite said no. Councilwoman Bennington asked if the amount of overtime hours worked and patrolmen being on the road longer than they are capable was a factor and Mr. Garthwaite said every officer had the right to refuse overtime and it was up to his judgement as to when he was too tired and had enough rest to perform properly. Councilman Wargo asked him if he felt judgement had always been justified when they work overtime more than 12 hours and Mr. Garthwaite replied that the only way they could rectify that was to hire more men. Officer Greg Yackel said held been with the department for 19 months and his concern was that held never gone to a specialized school and felt it was necessary. He said he felt they had good supervision and the Lieutenant and the Chief are the best in the area. He said held applied elsewhere when he applied here and chose this because he felt it was best for him. He said he has applied with Florida Highway Patrol as a trooper and if the situation arises that hels been accepted he will take the position because he has to live on a fixed income and they get more benefits, good vehicles and equipment. He said his vehicle is on its last leg and the other two shou1dnlt be driven at all. He said he felt they need more vehicles and more schooling. He said he enjoyed the City and trusts all the officers with his life and with the citizens of Edgewater. He noted there was no place for prisoners and no restroom facilities that are sufficient. Councilman Wargo asked him if he'd been told to keep his mouth shut by anyone in the department and Mr, Yackel said no, not directly and that an incident occurred awhile back when Mr. Westfall had talked with him and the Chief had then told him to be very careful how he answered individual IS questions, but he was not told to keep quiet or cover up any situation. Councilwoman Bennington noted that the Police Department does have a serious lack of facil iti es. Councilman Wargo asked Mr. Yackel if the morale was affected by losing two good officers and Mr. Yackel said it was. Councilman Asting noted it's natural for morale to suffer when people leave and Councilman Spencer thanked Mr. Yackel for speaking so candidly. Councilman Spencer noted that there was a lot of discussion about. people leaving to improve their lives and he pointed out this is not peculiar just to this depart- ment and referred to a newspaper article that stated Lieutenant Leclair was resigning from the New Smyrna Beach Police Department to work at Pan Am. -4- Special Council Meeting Minutes October 4, 1983 Q u Sergeant William Britain said they'll all miss Lieutenant Ricke1man and congratu- lated him for all he had done. He said he wasn't quitting and had not put in an application. He noted that people were leaving because of the pay and he sees the equipment and station that need replaced plus the contract at an impasse. He said he felt part of the problem in the Department was a personality conflict and politics and he didn't feel they should be there in front of the Council and the problems could be handled by the Personnel Officer without politics being involved. He said the bad publicity brings morale down on everyone. Councilman Asting stated that he felt the situation had'reached the point where they were going to lose good officers and he wanted to see if there were any real problems and that was the purpose of this meeting. Mr. Britain said that anyone would want to better themselves and the reason for the overtime was the case load is so enormous due to the City expanding. Councilwoman Bennington asked him if he felt the addition of two men would help the work load and Mr. Britain said they need more help and more vehicles to keep up with the cases. Councilman Wargo asked if the case load would require more clerical help and Mr. Britain said the clerical work had to be done by the officers first. Councilman Wargo asked him if he was aware of what the Chief had requested in the budget and Mr. Britain said no. Councilman Wargo asked if he was aware they had allocated $470,000.00 for the Police Department and Mr. Britain said he realized their budget was higher but that's the only department that had to work 24 hours a day and 7 days a week. Councilman Asting moved to have a five-minute recess at this time. Councilman Spencer seconded the motion. Meeting was recessed at 11:35 A.M. Meeting returned to order 11 :48. Councilman Wargo asked to hear from Mrs. Sherry Reed, Dispatcher and Mr. David Hall left the audience to relieve her from duty. Mrs. Sherry Reed said she'd been a dispatcher for two years and had no gripes or complaints but she didn't think this should have been brought up this way. She said she'd been happy but wouldn't say she wouldn't leave if she had the o~nortunity. Councilman Wargo asked her if she contemplated resi~ning and Mrs. Reed said she had no applications in anywhere but if she's offered something, she'll take it. Sergeant Bucky McEver commented that Mrs. Reed does a lot of work over and above her classification and he'd had attorneys ask him if she'd be interested in working for them. Mr. John Gross stated there were always employees who were dissatisfied and have conflicts. Ms. Ruth Garvey, te1ecommunicator, said she was in her 13th year and she'd told them all she had to say at the last two meetings. She said her problem was with her evaluation and it was blown out of proportion by the news media and the problem was resolved and everything is okay now. Mr. David Hall, Dispatcher, said he had no comments to make at this time. Patrolman Doug Mullen said he had no comments at this time. Councilman Asting asked him if he contemplated resigning and Mr. Mullen said he was not. Mrs. Sandra Hansen, Records Clerk and applicant for the patrolman vacancy, said she thinks the Police Department is great and she wouldn't stay in the community if she didn't think so, and she felt privileged to work here. Councilman Asting noted that from what held heard the personnel in the Department were overwhelmingly content and happy with their jobs with the Edgewater Police Department. -5- Special Council Meeting Minutes October 4, 1983 . . . Q o Councilman Spencer said he agreed with Councilman Astingls statement with a couple of reservations and was aware of the need for better equipment and facilities and felt the majority wanted to take up the problems with the proper people. Councilman Wargo said he felt strongly that there is a problem and a lot of people wanted to talk. He said held received a lot of telephone calls and there was no other way to talk with the individuals except in a public meeting. He stated he felt there was a lack of communication and the people in the department should be advised that the Council is trying to do things for the department. He referred to the possibility of moving to Mango Tree Drive, considering three new officers, and building a new Police station. He noted that if there were any grievances in the future they should go through the proper grievance procedure, and if there were any threats, this should be reported back to the proper people. Sergeant Westfall said he didn't expect individuals to open up because they need their jobs and if it could have been done in a different way they could have spoken and given their ideas. He asked that Council look into certain things and investi- gate before making a decision on whether the Police Department has internal problems or not. Mr. John Gross said that Council should be commended for the attempt to find out what was wrong and the Police Department commended for the facts and statements given. City Clerk Kinsey stated that as Personnel Officer she wanted everyone in the Police Department, or any other department, to be aware that she is always available if there is any problem. Chief Baugh said held spoken to the City Clerk regarding departmental meetings and they will be having meetings. He said he's very proud of his Department and that there will be schooling if they get the new officers. He requested authority to hire the two new officers. Mr. John Gross said the car that has 140,000 miles might be costing enough to buy a new car. Councilman Spencer said the motion to hire the officers was tabled until after the meeting that day and he moved to remove from the table the item of approving the hiring of two new officers. Mayor Ledbetter stated the only thing on the agenda was the activities of the Police Department and it cannot be added on, according to the City Attorney. Councilman Spencer deferred to the City Attorney's ru1ina on this matter. Councilman Spencer moved to adjourn the meeting. Councilman Asting seconded the motion. Meeting was adjourned at 12:07P.M. Minutes submitted by: Lura Sue Koser M r(/~ -6- Special Council Meeting Minutes October 4, 1983