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11-16-1984 - Special t ~ " v o CITY COUNCIL OF EDGEWATER SPECIAL MEETING NOVEMBER 16, 1984 MINUTES Mayor Ledbetter called the Special Meeting to order at 2:00 PM in the Community Center. ROLL CALL Mayor David Ledbetter Councilman Melbourne Wargo Councilwoman Gigi Bennington Councilman Neil Asting Councilman Jack Spencer City Attorney Jose Alvarez City Clerk Connie Kinsey Police Chief Douglas Betts Deputy City Clerk S.Wadsworth Excused Excused Present Present Present Present Present Present Present Mayor Ledbetter stated the purpose of the meeting was to review Police Department matters with the Police Chief. Councilwoman Bennington asked about the eight-hour shifts and Chief Betts said it's working good and just like he planned and is opening up avenues for training. He said they can take night classes with the eight-hour shifts and with the added two men there will be an overlap where they can cut down 50% of the overtime they've had. He added that there will be three men on Fridays and three men on a swing shift with an overlap from 7PM to 3AM. He said they'll have an l8-hour day covered with four men on the road when they get the last man trained. He noted that they answered 220 calls a month ago and they're now answering 500 calls for service. He stated that he's having the men account for what they do where in the past that has been slipped by and also a confidence is being built in the City. He said the eight-hour shifts are going to fit the department as they're not big enough for the platoon system. He said with the eight-hour shifts there's a Sergeant responsible for two men and a floater and they can eliminate some liability on the roads that may spring up. Councilman Spencer said it was brought to his attention that there's a problem with the eight-hour shifts as three people in the department have accumulated in excess of the 320 hours for sick leave which would be the maximum 40 days at eight hours a day. He noted that Sergeant Britain has 440 hours, Sergeant Lenz has 420 hours, and Officer Teitelbaum has 356 hours. He moved that Council authorize their being paid for those excess hours and noted that it would be about $2,000. Councilwoman Bennington seconded for discussion. Councilwoman Bennington asked if this is over and above the accrued accumulation and Council- man Spencer replied yes. Councilman Spencer explained that they accumulated the time under the platoon system at twelve hours per day and now there can only be 320 hours maximum accumulated. Councilwoman Bennington asked if they're bound by the contract to pay them and Councilman Spencer said they're not bound to but the men have earned this time. Councilman Wargo suggested they make an agreement to convert it to additional sick days rather than have the cash payout. Council- woman Bennington asked if that brings them to the forty days maximum and Councilman Spencer replied yes. Motion CARRIED 3-2. Councilman Wargo and Mayor Ledbetter voted NO. Chief Betts said he's attacked the Tucker report and worked in many areas and accomplished as much as he could in these three months, and he paid a large amount of attention to the six items on the front page. He noted that their calls are up, their equipment is up, and he feels sure morale is up and is rising, the chain of command has been established and the organizational structure has been established. He added that he drew up an organizational chart and each person has it and will know who to report to. He said he has had one meeting a month and feels input will be higher in the future with suggestions that might effect the men. t .1 ~ , o o Councilwoman Bennington asked what he's done to cut down on vicarious liability. Chief Betts said vicarious liability is knowing something needs to be done and not doing it, or knowing it should be done and not doing it. He said vicarious liability attacks the cities and he attended a seminar regarding this and he's in line with the ideas of protecting the department against it, such as cars, operation of vehicles, how and when to use firearms, excessive force, and citizens' complaints. He said he's set up procedures and personnel orders that are posted on the board and he's prepared a procedural orders book that the City Attorney is reviewing. He added that he stressed excessive force and citizens' complaints to eliminate vicarious liability from his department. Councilman Wargo asked the progress with the stop signs and Chief Betts replied they're going up and that was turned over to Mr. Copeland and they can check with him for a more substantial answer. Councilman Wargo said in view of the progress in the department, he moved that they waive the last three months of Chief Betts' probationary period. Councilwoman Bennington seconded the motion. Councilman Asting stated that Chief Betts was hired on a six-month probation and the resolution that hired him provided for it and he should fulfill the full six months and then be evaluated. Councilwoman Bennington said they've met regularly for three months and she's personally satisfied with what she sees and the Chief volunteered for the six months and Council was going to give him three months. Mayor Ledbetter said he has no problem with it. Motion CARRIED 4-1. Councilman Asting voted NO. Councilwoman Bennington pointed out that the resolution calls for six months pro- bationand she wants to make sure that's void and she moved to amend Resolution 84-R-32 to end Chief Betts' six months probationary status at three and a half months. Councilman Wargo seconded the motion. Councilman Asting said the full probationary period should be worked out because there have been things that have gone on that nobody took into consideration and he wants to see more of the Chief's performance before they retain him permanently. Councilwoman Bennington noted that there was a problem with purchasing and asked if that's been worked out. Chief Betts said the problems in that area have been worked out wholeheartedly and he's had communications with the City Clerk and they've come to an under- standing in that area and he's learned a lot from City Clerk Kinsey and they've developed a good rapport regarding purchasing and he's totally aware of the pro- cedure to follow in that area. Councilman Asting pointed out that at a prior meeting the Chief told him that the new vehicles would be on patrol service and he's using one as his own special vehicle and that's in conflict with what he told them at the meeting. Mayor Ledbetter said he was also under the impression they would go on the streets as patrol cars. Motion CARRIED 4-1. Councilman Asting voted NO. Councilman Wargo said he wants to give the Chief a one-year contract and he so moved. Councilwoman Bennington seconded for discussion. Councilman Spencer said a contract is a broad term and he'd need to know what it is. Councilman Wargo said he just wants to extend his time for one year to do the job. Councilman Spencer pointed out that the City has contracts with people who aren't full time City employees but he doesn't think they have them with any full time employee. Mayor Ledbetter said only the City Attorney and City Engineer are under contract and he won't go along with a contract. Councilman Wargo withdrew his motion and Councilwoman Bennington withdrew her second. Councilman Wargo moved to draw up the resolution that the only reasons this Chief can be fired is theft in office, moral turpitude, and insubordination. Mayor Ledbetter said this would be duplicating the criteria set down by the State. Councilwoman Bennington seconded for discussion. Councilman Asting stated that this is a blatant attempt on the part of Councilman Wargo to tie the hands of the new Council. Councilman Wargo said they shouldn't get into personalities and he called a point of order. After further discussion between Councilman Wargo and Councilman Asting, Mayor Ledbetter asked that order be maintained. Mayor Ledbetter stated that he doesn't agree with tying the hands of the new Council and the man has his rights under the Police Standards in the State. -2- Council Special Meeting Minutes November 16, 1984 . A 0 .. .I ~ ~ r o Councilwoman Bennington said she was in favor of glvlng Chief Overman a contract to have continuity in the Police Department and for the City's benefit but they couldn't come to an agreement on it and she doesn't think there's anything in the Charter that prohibits them giving the Chief or any department head a contract. She added that this Council has a lot of unfin- ished business and it's up to them to finish this before they leave office because they don't want to leave the new Council with the mess they had when they took office. She said they owe the Chief something for coming here under the conditions he did and he needs some kind of protection and a chance to finish the work he started to put the department back together. She added that it's also not fair to the other men as they don't know from one day to the next who they'll be working for. She then amended the motion to have the City Attorney draw up a resolution, basically the same as 84-R-32, without the six months probation, and in lieu of the original motion, the termination shall be by thirty days' written notice for misfeasance, malfeasance, or nonfeasance of office and providing the Chief with a public hearing. Councilman Wargo seconded the amendment. Councilman Asting asked that the record show that he voted for Chief Betts when he was hired and up until he saw some of the things that went on such as purchasing and absences from the City, he was satisfied, but he's had second thoughts and would like to see more of his performance before he decides if he stays permanent and he advocates the full probation. Councilman Spencer said he'd like to see the resolution on Monday and will vote on it then but he's in favor of drafting the resolution. Amended motion CARRIED 3-2. Councilman Asting and Mayor Ledbetter voted NO. Original motion CARRIED 3-2. Councilman Asting and Mayor Ledbetter voted NO. Councilman Asting moved to adjourn. Councilman Spencer seconded the motion. Meeting was adjourned at 2:38 P.M. Minutes submitted by: Lura Sue Koser . Ji\ . ~fJ,)r j$,~ ~ COUNCILMAN - ZO E ONE ~-.f/ COUNCI MAN - ZONE TWO . ~~~ i:::i= COUNCILMAN - ~E THRii~ COUNCI~itoN~ ~5-- \J /;/ --r:. ~ -=t~ -fU ~ ATTEST: ~~~ CITY CLERK Approved this Jt~ay of -3- Council Special Meeting Minutes November 16, 1984