06-25-1984 & 06-26-1984 - Special/Workshop
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CITY COUNCIL OF EDGEWATER
SPECIAL MEETING AND WORKSHOP
JUNE 25, 1984
MINUTES
Mayor David Ledbetter called the Special Meeting and Workshop to order at 9:00 A.M. in
the Community Center.
ROLL CALL
Mayor David Ledbetter Present Councilman Jack Spencer Excused
Councilman Melbourne Wargo Present City Attorney Jose' Alvarez Excused
Councilwoman Gigi Bennington Present City Clerk Connie Kinsey Present
Councilman Neil Asting Present Police Chief Ed Overman Excused
Mayor Ledbetter stated the purpose of the meeting was to interview applicants for the
position of Police Chief and possible appointment of one. He suggested a motion to
go into a workshop session and Councilwoman Bennington so moved. Councilman Asting
seconded the motion. Motion CARRIED 4-0.
Gene C. Johnson was the first applicant to be interviewed. Councilman Asting asked
if he is presently employed and Mr. Johnson said he has an investigative firm in Deland.
Councilman Asting asked if he had executive experience and Mr. Johnson said the last
seven years he was number two in Deland Police Department and commanded 30 officers
plus personnel, budgeting, purchasing, etc.
Councilwoman Bennington asked why he wants to be Chief in Edgewater and Mr. Johnson
said he made a mistake when he left Deland to start the investigative agency and he's
prepared to have a chiefexecutive's job. Mr. Johnson added that he wouldn't have to
move from Deland for this position, but he could move here and he has his home listed
for sale now. Councilman Asting asked the salary expected and Mr. Johnson said the
salary isn't the only determining factor and the advertisement said low 20's and that's
what he expected. He added that he wouldn't expect to get more than other department
heads who have been here for years. Councilwoman Bennington asked what form of govern-
ment they have and Mr. Johnson said it's the strong Mayor and Council form of government
with an administrator, which would be an appointed position. Councilwoman Bennington
asked the biggest problem in law enforcement and Mr. Johnson said from reading the news-
papers and word of mouth he expects there's a morale problem and a sense of uncertainty
with respect to where they're going. Councilwoman Bennington asked what his policy
would be and how held run the department and set it up if he's selected. Mr. Johnson
said the organizational structure won't vary too much from what they have now with
emphasis on restoring public support of the Police Department. He added that communi-
cation would be needed between the Council and the public and the civic organizations
to determine the type of law enforcement agency they want, and then they could train
the officers to function in that way.
Councilman Asting asked if inspections are necessary of officers going out on shifts and
if night inspections are in order or just trust it to the officer in charge. Mr.
Johnson said his trust comes hard and if an officer is promoted you have to have his
confidence and give him respect also. He added that he'll be a working Chief and daily
inspections are in order, but they may be informal. Councilman Asting asked if he'd
have unscheduled night inspections and Mr. Johnson replied absolutely.
Councilwoman Bennington asked his budget experience and Mr. Johnson said for the past
seven years he and Chief Slaughter took care of the budget but he didn't do it entirely
on his own. He added that it's difficult to plan ahead for a year's expenditures and
revenues and it's a common practice to ask for more but he asks for exactly what they
need and doesn't inflate the budget. Councilwoman Bennington asked his definition of
vicarious liability and Mr. Johnson said itls primarily the liability that a chief
executive or person in responsibility has placed on him because of the actions of his
employees or subordinates. Councilman Asting asked if our insurance covers this and
City Clerk Kinsey said it does.
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Gene Johnson (continued) - Councilman Wargo asked if he smokes and drinks. Mr.
Johnson said yes, but hels going to quit smoking. Councilman Wargo asked if he
has plans for a juvenile division. Mr. Johnson replied it would depend on the
personnel they have, but there would be a strong emphasis on juvenile behavior. He
added that hels a strong advocate of school liaison programs. Councilman Wargo
asked about 12 hour shifts. Mr. Johnson said hels never worked 12 hours but it
would be good for morale for 2 days off and 2 days on but held research the fatigue
factor. Councilman Wargo asked his opinion of the Indianapolis Plan and personal
use of City vehicles and equipment. Mr. Johnson said the plan is probably very good
if the municipality can afford to buy a car for every officer but he feels personal
use of government equipment goes against everything government stands for, and therels
a possibility of abuse and the liability factor comes into place. He added that held
have to research it thoroughly.
Mayor Ledbetter asked if held be a working Chief or an 8 to 4 Chief. Mr. Johnson
replied that the badge stays with him 24 hours a day and the Chiefls job is 24 hours
a day. He added that he canlt run the organization sitting in the office. Mayor
Ledbetter asked under what circumstances held pull a second Police car off the road
and Mr. Johnson replied that he doesn't believe they need two men in one car and a
large part of Police work is visibility and two cars would deter crime. There was
a discussion regarding recently hired patrolmen and only one car being on the road,
and the amount of time needed to train a new employee to be on the street alone.
Mr. Johnson stated that there would probably be officers on the midnight shift and
held prefer to train on that shift as therels more action on day shift with mostly
property crimes at night. He added that the Chief can come in and work a shift if
theylre short of personnel.
Councilman Wargo asked when he could start if hired and Mr. Johnson replied anytime
after tomorrow as he has his own agency and can close it when he wants.
Councilwoman Bennington asked if's familiar with the Tucker audit report and Mr.
Johnson said he is not,but he knew one was conducted. Councilwoman Bennington noted
that they want the Chief to implement the findings on this. Mr. Johnson said he
knows the reputation of Mr. Tucker so he feels it would be a definite plus and there
may be something he canlt live with but he feels it might be straight down the line.
Councilman Asting noted that he'd have to go through a probationary period and Mr.
Johnson said he agreed.
Mayor Ledbetter thanked him for coming to the interview.
Theo L. Harris was the second applicant to be interviewed. Councilman Asting asked if
he planned to move to this area if selected and Mr. Harris said he would.
Councilwoman Bennington asked why he wants to be Chief in Edgewater. Mr. Harris said
he was retired from Tallahassee and has been Chief in Mexico Beach for 4 years and
this is a challenge ofa larger town. He added that he has three Policemen besides
himself on the force, plus an auxiliary. Councilwoman Bennington asked if he knows
anything about Edgewater and Mr. Harris replied he does not. Councilwoman Bennington
asked what policies held use to set up the department and Mr. Harris replied that held
study it as it is now and make a decision. Councilwoman Bennington asked his budget
experience and Mr. Harris said his budget was about $92,000. and he did it alone.
Councilwoman Bennington asked if he's familiar with the Tucker audit report and Mr.
Harris said he worked with Mr. Tucker in Tallahassee for about a year.
Councilman Asting asked his salary expectations and Mr. Harris replied that the adver-
tisement said low 20's so held expect about $24,000.
Councilman Wargo asked what he did prior to 1953 and Mr. Harris said he worked for 3
years in an automobile rebuilding business and was in the Navy for 4 years before that.
Councilwoman Bennington asked what he could offer Edgewater as their Chief and Mr.
Harris said he feels he can be an asset based on past experience.
Councilman Asting asked if he operates a department on a formal or informal basis, such
as inspections. Mr. Harris said they have monthly inspections of officers and auxiliary
for cleanliness and weapons and vehicles. Councilman Asting asked how many Police cars
they have and Mr. Harris said there are two marked and one unmarked car.
-2- Council Special Meeting & Workshop Minutes
June 25, 1984
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Theo L. Harris (continued)- Mayor Ledbetter asked if he operated on 8 or 12 hours
and Mr. Harris replied that it's 42 hours per week with some 12, some 9, and some
7 hour days. Mayor Ledbetter asked his thoughts on auxiliary Police used as a backup
or rides in a car when on duty. Mr. Harris said the auxiliary rides with the on-duty
Police officer and he hired 5 men from the auxiliary and held like to implement this
if he's hired.
Councilman Asting asked if held move to Edgewater and Mr. Harris said he has a house
in Tallahassee and Mexico Beach and held sell the one in Mexico Beach and move. He
added that held like a minimum of three weeks' notice. Councilman Asting pointed out
that there would be a probationary period and Mr. Harris agreed. Mr. Harris said
after the probationary period held sell his house and move here, and he wanted to
give two week's notice at Mexico Beach and then would need a week to prepare for the
move.
Mayor Ledbetter asked if he plans to draw future manpower from auxiliary and Mr.
Harris said yes and he feels it's a good idea. Mayor Ledbetter asked how he imple-
ments the auxiliary and Mr. Harris said they paid for the first training and then
put him on duty while he goes to school for the additional training, and it's paid
for with the fines, etc. funds. Mayor Ledbetter asked the number of hours required
by the State now and Mr. Harris said he thinks it's 320 hours and the auxiliary works
only under the direct supervision of a sworn Police officer. Councilwoman Bennington
asked about insurance and Mr. Harris said the insurance covered them with no additional
charge.
Councilwoman Bennington asked his biggest crime problem in Mexico Beach and Mr. Harris
said theylve never had an armed robbery but have had some burglaries and one abduction,
plus the normal DWlls, domestic problems, and fights at bars.
Councilman Wargo asked if he drinks or smokes. Mr. Harris said he drinks occasionally
but he doesnlt smoke. Councilman Wargo asked if he has children at home and Mr. Harris
said theylre both married and gone.
Mayor Ledbetter thanked him for coming for the interview.
Michael Kelly was the third applicant to be interviewed. He distributed copies of
letters of recommendation for Council IS review. Councilwoman Bennington asked the
population in Eagle Lake and Mr. Kelly said it's 2,500.
Councilman Wargo asked how many officers he has and Mr. Kelly said he has 5 full
time and 4 volunteer fully certified officers and 3 auxiliaries.
Councilwoman Bennington asked why he wants to be Chief in Edgewater and Mr. Kelly
said it's a progressive town and larger than he has and he wants somewhere to settle
down so he doesn't have to move on for lack of benefits. Councilwoman Bennington
asked if hels familiar with Edgewater and Mr. Kelly replied a little bit. Council-
woman Bennington asked the form of government and Mr. Kelly said it's Council form.
Councilman Asting asked his salary expected and Mr. Kelly said low 20's was in the
papers so he interprets it to be about $23,000. Councilman Asting noted that held
be on a probationary period and Mr. Kelly said he expected that. Councilman Asting
asked if held move to this area and Mr. Kelly replied that the Chief has to be a
part of a community and held move as soon as possible.
Councilwoman Bennington asked his budget experience and Mr. Kelly said he'd worked
with budgets and it was $121,000. Councilwoman Bennington asked his definition of
vicarious liability and Mr. Kelly said it's liability taken upon himself from lack
of training for the individual Police officers and if they aren't trained or trained
right, the liability comes back on him. Councilwoman Bennington asked if it stops
at him and Mr. Kelly said it could come back to Council. Councilwoman Bennington
asked if he's familiar with the Tucker audit report and Mr. Kelly said held heard
about it but doesnlt know the details. Councilwoman Bennington noted that they
would expect the Chief to implement the report and asked if he would have a problem
with that even if he disagreed. Mr. Kelly said that working toward a set procedure
would be easier than setting up his own policies.
-3- Council Special Meeting & Workshop Minutes
June 25, 1984
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Michael Kelly (continued)- Councilwoman Bennington asked his past policies and
theories to organize a department. Mr. Kelly said he has a patrol sergeant and three
full-time officers plus a part-time sergeant and six part-time people. Councilwoman
Bennington asked what he could do as Chief for Edgewater. Mr. Kelly said he imple-
mented several programs in Eagle Lake and the City disbanded the Police Department
and then brought it back. He added that he organized a neighborhood crime watch
program, a senior citizensl volunteer program, an explorer post for ages 15 to 20,
and junior police program for children 10 to 15 years of age. He said they tried to
get everyone in the community involved in the Police Department, and the number of
cases solved has gone way up.
Mayor Ledbetter asked how long held been Chief and Mr. Kelly replied itls been about
one and one-half years. and he made his way up from patrolman there. Mayor Ledbetter
asked how long he's been a certified officer in Florida and Mr. Kelly said about two
years and he started out in New York.
Councilwoman Bennington asked how many years held been in law enforcement and Mr.
Kelly replied it's been about six years. Councilman Wargo asked what he did before
he was at Eagle Lake and Mr. Kelly said he worked as a deputy sheriff, and was an
investigator of navigation patrol in New York. Councilman Wargo asked when he gradu-
ated from high school and Mr. Kelly said it was in 1977. Councilman Wargo asked if
he has children and Mr. Kelly replied he does not but he's married and his wife is
a teacher and can relocate to this area. Councilwoman Bennington asked when held
be available if he were selected and Mr. Kelly said he could start the next day and
held discussed this with his City Manager and she was very receptive to the idea.
Mayor Ledbetter thanked him for coming for the interview.
There was a short recess in the meeting while awaiting the next applicant.
Tony Raimondo was the fourth applicant to be interviewed. Councilwoman Bennington
asked why he wants to be Chief here and Mr. Raimondo said hels retired but isnlt
adapting well to retirement and has been the number two man for a number of years and
would like to be number one. He added that the situation here is a challenge and he
was a troubleshooter for his department
Councilman Asting asked the salary expected and Mr. Raimondo said he wasn't concerned
about salary but he was told it was $18,500. and then it was advertised in the low
201s. He added that he feels he can solve the problem here. Councilman Asting noted
that there would be a probationary period of 60 to 90 days and Mr. Raimondo said it
wouldnlt be a problem. Mr. Raimondo said he doesnlt plan to go anywhere else and he
owns a home here. Councilwoman Bennington asked how long hels lived in this area and
Mr. Raimondo said itls been 8 or 9 years and commuted back and forth to Miami before
retiring. Councilwoman Bennington asked the form of government here and Mr. Raimondo
said itls City Manager. Councilwoman Bennington asked the biggest problem in law enforc-
ment here and Mr. Raimondo said it appears the officers aren't adequately trained.
Councilwoman Bennington asked what his organizational policy would be and Mr. Raimondo
replied that the chain of command would have to be observed and added that he had a
part in writing rules and regulations for his department and would check these here to
see if he was satisfied with them.
Councilman Asting asked if held manage the department on an informal or formal basis and
Mr. Raimondo said it would be formal. Councilman Asting asked if held conduct
inspections of shifts during hours of operation and Mr. Raimondo said yes, and he
added that he'd expect his hours to be 8 to 4 with some flexibility and would plan to
be there during the changing of the shifts and be out on the streets at night sometimes.
Councilwoman Bennington asked his budget experience and Mr. Raimondo said he did the
budget for his unit and the criminal investigation division and showed a $20,000. profit
due to establishing a volunteer program which saved the cost of an employee for that work.
Councilwoman Bennington asked if hels familiar with the Tucker audit report and Mr.
Raimondo said held heard about it but wasn't familiar with it. Councilwoman Bennington
asked if he'd implement it even if he disagreed with it and Mr. Raimondo said held call
for personnel jackets and do his own evaluations and then have a person to person evalu-
ation. Councilwoman Bennington noted that the audit was done and it's not an individual
evaluation but is overall and they expect the Chief to implement it as it is and to
follow the guidelines. Mr. Raimondo replied that if Council has made that determination,
then the Chief would have no choice but to do that whether he agreed or disageed. He
added that people here are expected to work in a multi-capacity because of the limited
number.
-4- Council Special Meeting & Workshop Minutes
June 25, 1984
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Tony Raimondo (continued)- Councilwoman Bennington asked the definition of vicarious
liability and Mr. Raimondo said he didn't know. Councilwoman Bennington asked what
he could do for Edgewater and Mr. Raimondo said his objective would be to provide total
effectiveness and proficiency that would serve the people of Edgewater.
Councilman Wargo asked about the Indianapolis plan and Mr. Raimondo said he's not
familiar with that plan. Councilman Wargo explained it's where the Police officers
take the cars home at night. Mr. Raimondo said he had a take home policy for awhile
but it was ended but there are some things to be gained from it as it may be a deterrent
to crime in that neighborhood. Councilman Wargo asked about the 12 hour shifts and Mr.
Raimondo replied that it would be one of the first things he'd look at after evaluations
but he's having trouble accepting it because 6PM to 6AM is a long time to be awake. He
noted that the Highway Patrol has done this for years.
Councilman Asting asked how he came to this area and Mr. Raimondo said he was attracted
by Riverside Drive. Councilman Asting asked how soon he could start if selected and
Mr. Raimondo said any time.
Mayor Ledbetter read from parts of the Tucker audit and noted that it should have been
made available to those being interviewed. Mayor Ledbetter asked his MOS in the Air
Force and Mr. Raimondo said he was Senior Air Police Sergeant.
Mayor Ledbetter thanked him for coming for the interview.
James Kolbinskie was the fifth applicant to be interviewed. Councilman Asting asked
the salary he expects and Mr. Kolbinskie said it's negotiable and he's making $14,000.
now. Councilwoman Bennington asked his current position and Mr. Kolbinskie said he's
a patrol officer in Apopka and is attending Rollins College. Councilman Asting asked
how much time held need before assuming the position if selected and Mr. Kolbinskie
replied that he would take it as soon as offered. Councilman Asting pointed out that
there would be a probationary period and Mr. Kolbinskie agreed.
Councilwoman Bennington asked why he wants to be Chief and Mr. Kolbinskie said he was
impressed by the community and the people and law enforcement is his life and he misses
being Chief. Councilwoman Bennington asked the form of government here and Mr. Kolbinskie
said it's Mayor and City Council. Councilwoman Bennington asked what Edgewater's law
enforcement's biggest problem is and Mr. Kolbinskie said held have to study it. Council-
woman Bennington asked how held run the department and what kind of policies held set
up. Mr. Kolbinskie replied that held have to study the present policies. Councilwoman
Bennington asked the chain of command in Lady Lake and Mr. Kolbinskie said the Police
Department took their orders from the Mayor and Council. Councilwoman Bennington asked
how many officers he has and Mr. Kolbinksie replied there were five regular and three
reserve officers.
Councilman Asting asked the population there and Mr. Kolbinskie said it's 2,000.
Councilman Asting asked if he ran a formal or informal department and Mr. Kolbinskie
said it was informal due to the size and he was a working Chief and inspected every day.
Councilman Asting asked how often he inspected activities and Mr. Kolbinskie said once
a day and he tried to inspect night~ shift on a monthly basis.
Councilwoman Bennington noted that held made a lot of changes. Mr. Kolbinskie said he
came to Florida due to a family illness and another change was due to divorce. Council-
woman Bennington asked his budget experience and Mr. Kolbinksie said it was pretty good
on line items and he allocated fuel and oersonnel and figured costs. Councilwoman
Bennington asked his definition of vicarious laibility and Mr. Kolbinskie said it's the
chain of command in a Police agency that runs from the officer who performs the act
in violation and goes to Mayor and Council.
Councilman Asting asked why he left the Marines after 17 years and Mr. Kolbinskie said
he had a leg shot up in Viet Nam and couldn't lead combat troops any longer. Councilman
Asting asked if he draws a disability and Mr. Kolbinskie said it's 30% but doesn't
hinder his abilities. Councilman Asting asked if he had an honorable discharge and
Mr. Kolbinskie said yes.
Councilwoman Bennington asked if he knew about the Tucker audit report and Mr. Kolbinskie
said no. Councilwoman Bennington asked what he could do for Edgewater and Mr. Kolbinskie
said he can do an intelligent determination of where the Police Department is now and
can attempt to improve.
-5- Council Special Meeting & Workshop Minutes
June 25, 1984
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James Kolbinskie (continued) - Councilman Wargo asked his feelings on 12-hour shifts
and Mr. Kolbinskie replied that he wasn't familiar with 12 hours but was with 10 hours.
Councilman Wargo asked about the Indianapolis Plan and private use of automobiles.
Mr. Kolbinskie said if done properly there would be a cost savings but they have to
be careful of the guidelines. Mayor Ledbetter asked how there could be a savings if
the City still maintains the vehicles and Mr. Kolbinskie said that Monroe County is
still using the plan and it apparently saves them. Councilwoman Bennington asked when
held be available to start if selected and Mr. Kolbinskie replied that held need two
weeks.
Councilman Wargo asked about training programs and Mr. Kolbinskie said he's extremely
in favor of them for Police training and community relations. Mayor Ledbetter thanked
Mr. Kolbinskie for coming for the interview and Mr. Kolbinskie read from a list of
requirements for the position and said he felt he could do a good job for Edgewater.
Chester Kowalksi was the 6th applicant to be interviewed. Councilwoman Bennington asked
why he wants to be Chief here and Mr. Kowalski<< said he wants to move from South Florida
and with 17 years of law enforcement and a former Chief he has the education and back-
ground to serve here. Councilman Asting asked his expected salary and Mr. Kowalski
said the advertisement was low 20ls and he would think $24,000. on down. Councilman
Asting noted that there would be a probationary period for 60 to 90 days and Mr. Kowalski
said he understood that. Mr. Kowalski said held be willing to move to the Edgewater
area.
Councilwoman Bennington asked how soon held be available and Mr. Kowalski said within
a two-week period with the understanding that until his wife moves here, held be
travelling home on week-ends. Councilwoman Bennington asked if he's familiar with
our area and Mr. Kowalksi replied he is not but is looking for an area away from
South Florida, and this looks like a growing community.
Councilman Asting asked about his instructor's position and Mr. Kowalksi said he's
an instructor with Broward Community College. Councilman Asting noted that he was
Chief of the Seminole tribe and Mr. Kowalski stated that the Seminole Indians in South
Florida were dissatisfied with the local service from Sheriff's and other agencies
and asked for their own law enforcement agency and he was hired in June of 1981 to
establish a non-existing department and he worked there for 2t years. He added that
the State laws are enforced there. Mayor Ledbetter asked if he was hired under a
Federal program and Mr. Kowalksi said it was tribal funds only. Councilman Asting
asked if held trained a Chief and Mr. Kowalskie said he had and the concept was that
eventually the people would take over the Police Department. Councilman Asting asked
why he left there and Mr. Kowalski said he came to philosophy differences and he goes
by the books.
Councilwoman Bennington asked how held run the Police Department and Mr. Kowalski said
he didn't know the organizational structure but his concern would be that the officers
would be highly trained and his main goal would be to serve the public. Councilwoman
Bennington asked the form of government here and Mr. Kowalski said itls strong Council
form with a City Administrator. Councilwoman Bennington asked his budget experience
and Mr. Kowalski said he had many years of budget experience in the City of Fort
Lauderdale and with the Seminole Tribe, and they were line item budgets. Councilwoman
Bennington asked his definition of vicarious liability and Mr. Kowalski said itls the
liability for everyone from the sergeant to the Mayor and Council for the actions of
a Police officer and they can~be sued. Councilwoman Bennington asked what he could do
for Edgewater and Mr. Kowalski said hels people oriented and wants to provide better
service to the public and after reviewing crime statistics he could afford a lower
crime rate and higher clearance rate.
Councilman Asting asked if held manage the department in a formal or informal manner
and Mr. Kowalski said Police Departments are semi-military. There was a discussion
regarding the term semi-military and quasi.
Councilman Wargo asked about 12-hour shifts and Mr. Kowalski said Pompano Beach uses
those hours and the results of a study have been favorable and the officers enjoy
more free time and he has no problem with it. Councilman Wargo asked if he~s aware
of the government reports on effectiveness after 10 or 12 hours and Mr. Kowalski said
the effectiveness stops at 12 hours. Councilman Wargo asked if held implement a
training program during the shifts and Mr. Kowalski said held try to do it during the
shifts as a cost measure.
-6- Council Special Meeting & Workshop Minutes
June 25, 1984
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Chester Kowalski (continued) - Councilman Wargo asked his feelings on the Indianapolis
plan and Mr. Kowalski said if the City can afford it, he'd be in favor of it, and if
the individual lives in the City limits. He added that it's a good plan and the community
gets better coverage if it's not abused by an officer. Councilman Wargo asked about
converting public property to private use and Mr. Kowalski said it's based on rules and
regulations and enforcement of them and he had no problems with disciplining someone that
violates the sanctions. Councilman Wargo asked if he felt the Chief should wear a uniform
or plain clothes. Mr. Kowalski replied that in this community he'd wear a uniform with
optional dress according to what he has to do that day. Councilman Wargo asked about
employment of minorities and women. Mr. Kowalski said he has no problem with either if
they can do the job. Mayor Ledbetter thanked him for coming for the interview.
Larry Westfall was the seventh applicant to be interviewed. Sergeant Westfall distributed
copies of a memo to City Clerk Kinsey dated June 25th in which he withdrew his candidacy
as Police Chief. Mr. Westfall said he'd talked with a number of people in regard to
his present position and he respects each Council member for the positive things theylve
done and their support. Councilwoman Bennington suggested they accept his withdrawal.
Mr. Westfall said he will assist in any way he can with any assignment given.
Councilman Asting moved to recess the Workshop until 1 :00 P.M. Mayor Ledbetter suggested
they contact the auditor to have him present for a review of the money situation since
they'll be using unappropriated money for the salary. Councilman Asting agreed.
Councilwoman Bennington seconded the motion. Meeting was recessed at 11:35 A.M.
Mayor Ledbetter called the Workshop back in session at 1:00 P.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
Excused
Present
Excused
John Van Tronk was the eighth applicant to be interviewed. Councilman Asting asked if
he's presently employed and Mr. Van Tronk said he's been employed by the Florida
Department of Law Enforcement since 1973. Councilman Asting asked if held retired
from Daytona Beach Police Department and Mr. Van Tronk said he was. Councilman Asting
asked if he'd relocate to this area from Casselberry and Mr. Van Tronk said he would.
Councilman Asting asked his expected salary and Mr. Van Tronk said the advertisement
listed low 20's and he'd expect mid 20's as the relocation would have expenses involved.
Councilman Asting asked if held manage the department on a formal or informal basis and
Mr. Van Tronk said he's used formal but not to the point of overriding. Councilman
Asting asked about uniforms and appearance and Mr. Van Tronk said each man should have
pride in his appearance and his equipment. Councilman Astin~ asked how soon he'd be
available to start if selected and Mr. Van Tronk said he has a commitment in July which
would make it late July or early August.
Councilwoman Bennington asked why he wants to be Chief. Mr. Van Tronk said he's been
in law enforcement since 1949 and he'd like to get a place to retire and work at a good
job and he'd like a smaller home and smaller community as held retire in that area.
Councilwoman Bennington asked if he's familiar with Edgewater and Mr. Van Tronk said
he is briefly, from having lived in Volusia County. Councilwoman Bennington asked the
form of government and Mr. Van Tronk said itls Mayor-Commission. Councilwoman Bennington
asked his policies for running the department and Mr. Van Tronk said he must be know-
ledgable and personal with each man in the department and show them respect. Council-
woman Bennington asked his budget experience and Mr. Van Tronk replied that in Daytona
Beach he assisted with the budget as Captain of Detectives. Councilwoman Bennington
asked his definition of vicarious liability and Mr. Van Tronk replied that it's anything
a patrolman does that he or the Council is responsible for and he must have proper
training to avoid this. Councilwoman Bennington asked if he'd heard about the Tucker
audit report and Mr. Van Tronk said he was aware of the report but hadn't got into details.
Councilwoman Bennington asked what he could give the City as Chief. Mr. Van Tronk
said the City needs a Chief to represent them to the public and his forte has been
public relations and community relations, and he felt he could serve and protect them.
-7- Council Special Meeting & Workshop Minutes
June 25, 1984
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John Van Tronk (continued) - Councilman Wargo asked about 12 hour shifts and Mr.
Van Tronk said held never worked under that. Councilman Wargo asked about the
Indianapolis Plan and Mr. Van Tronk said it's overkill in a small department and
is nice if they can afford a car for every policeman to take home. Councilman
Wargo asked if it would create problems with other City employees and Mr. Van Tronk
said it does. Councilman Wargo asked if he's been involved with motorcycle patrols
and Mr. Van Tronk said he's been one but it wouldn't be effective here as it's used
mostly for crowd control at the races or beach. Councilman Wargo asked about cadet
and auxiliary programs and Mr. Van Tronk said he likes both of them and he also had
an explorer scout program which was very effective. Councilman Wargo asked if our
small Police force would be a challenge and Mr. Van Tronk said yes and he knows other
agencies that would be available in case help is needed, and he's look for a place
to retire eventually. Councilman Wargo said he didn't want someone to retire on them.
Mayor Ledbetter said he'd known about Mr. Van Tronk for a number of years and held
given some good answers, and he thanked him for coming.
David Johnson was the ninth, and last, applicant to be interviewed. Councilman Asting
asked if he's employed currently by Lake County and Mr. Johnson replied yes, he's a
Lieutenant with the Sheriff's Department. Councilman Asting asked what salary he
expects and Mr. Johnson said hels making $17,000. now and held like something appropri-
ate to the job, and couldnlt take a cut below that. Councilman Asting asked him about
relocating to this area and Mr. Johnson said it wouldn't be a problem. Councilman
Asting asked when he could start here if selected and Mr. Johnson replied he'd be
available within two weeks. Councilman Asting asked if he'd manage the department
in a formal or informal manner and Mr. Johnson said he isn't that familiar with the
operation here. Councilman Asting noted that there are 14 patrolmen and four shifts
and a sergeant on each shift. Mr. Johnson said they'll have to go formal with a
department that size or move into it very soon. Councilman Asting asked what
inspections he'd conduct primary inspections and on the road inspections but he
doesnlt want them regimented to know when they're coming. He added that he would
have a formal inspection every six months also. Councilman Asting asked how many
men he supervises now and Mr. Johnson replied there are nine. Councilman Asting asked
if there should be an inspection at the start of each shift and Mr. Johnson said the
shift commander should do it during briefing and the Chief should come in occasionally
and observe to see that standards are kept up.
Councilwoman Bennington asked why he wants to be Chief and Mr. Johnson said it's a
challenge as he's never been Chief before and held like to improve what's here and
work with Council. Councilman Asting asked if he's married and Mr. Johnson replied
that he is and they have grown children. Councilwoman Bennington asked his: budget
experience, and Mr. Johnson said he's had experience with division commanders and as
training and community services officer he observed the planning and then implemented it.
Councilman Asting asked how he'd prepare the budget here and Mr. Johnson said he'd get
the records from previously and have a discussion with Council to see their goals and
objectives. Councilman Asting asked what format he'd use and Mr. Johnson said he'd
break it down by division as to their needs.
Councilwoman Bennington asked his definition of vicarious liability and Mr. Johnson
said it's anytime you're going to jeopardize someone else, it's that which you might
impose on some unnecessarily, and it's the most important factor in law enforcement.
Councilwoman Bennington asked what he could do for Edgewater as Chief and Mr. Johnson
said he feels he can bring integrity, look of professionalism, an attitude among officers
of good morale, a professional outlook and profile, and pride amongst the Council of
the quality of the Department and he feels he has the knowledge, ability, and motivation
to do that.
Councilman Wargo asked what he did prior to 1966 and Mr. Johnson said he was in high
school. Councilman Wargo asked his thoughts of the Indianapolis Plan and Mr. Johnson
said he worked under it since 1972 and he feels the advantages are that the officer
will take better care of something that's assigned to him and the cars will last longer.
Councilman Asting asked about occasional personal use and Mr. Johnson said itls different
in the County where he is as the officers are allowed to use the cars infueir own juris-
diction. Councilman Wargo asked about high speed chase and Mr. Johnson said it should
be gauged by the crime committed. and probable cause has to be taken into consideration.
Councilman Wargo asked about a patrolman assisting an elderly person and Mr. Johnson said
their officers are told to assist if it becomes necessary as it's part of the public
service. Mayor Ledbetter thanked him for coming to the interview.
-8- Council Special Meeting & Workshop Minutes
June 25, 1984
o
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There was a short recess at 1:45 P.M. while the City Clerk left to telephone the.
auditors. Workshop returned in session at 1 :49 P.M.
There was a discussion about the applicants' qualifications. Councilman Asting said
he did a rating system of 1 to 10 and came up with four he felt were impressive. He
read the names of those four: Gene Johnson, Chester Kowalski, John Van Tronk, and
David Johnson. Councilman Wargo read his list of first through fourth choices as:
Gene Johnson, John Van Tronk, Chester Kowalski, and James Kolbinskie. Councilman Asting
agreed that Gene Johnson would also be his first choice. Mayor Ledbetter stated he had
a problem with the salary of $18,500. going to $25,500. but he'd go along with another
$1,500. to $20,000. Councilman Wargo suggested a salary of $19,000. for six months pro-
bation and then give him $1,000. more then.
Councilwoman Bennington said they need reference checks and background information on
them and Councilman Asting pointed out that they wouldn't have a Chief after the 27th.
Mayor Ledbetter noted that there are two shifts with a sergent on each shift and that
sergeant could be solely responsible for that shift with a member of Councilor someone
that he could answer to at the direction of Council. Councilman Wargo suggested with
the four sergeants they rotate it and give him the replacement salary of Chief at the
time he's in charge, and that should avoid hard feelings in the department. Mayor
Ledbetter suggested they appoint someone on Council for the sergeants to answer to.
Councilwoman Bennington suggested using Altamonte Springs for help with the background
investigations. Councilman Wargo noted that they have the six months probationary
/.period. Councilwoman Bennington suggested interviewing the top four again and negotiate.
v~uncilman Asting pointed out that they can dismiss him if he proves unsatisfactory
during the probationary period. Councilwoman Bennington stated that Gene Johnson was
at the top of her list. City Clerk Kinsey suggested that someone check the personnel
files of the last places of employment for the top choices. Mayor Ledbetter stated
that he narrowed his list down to Gene Johnson, Tony Raimondo, and John Van Tronk.
Councilman Asting suggested they designate the City Clerk to go to Deland to look at
Gene Johnson's personnel files. Mayor Ledbetter suggested they go to other places in
the area besides just the Police Department.
Mayor Ledbetter suggested narrowing it down to three and calling them back. Councilman
Wargo noted that Gene Johnson and John Van Tronk were selected by three of them.
Councilwoman Bennington said she was impressed with David Johnson also, and agreed
with Chester Kowalski as a choice. She suggested Gene Johnson, John Van Tronk and
Chester Kowalski be considered. Councilman Asting pointed out that John Van Tronk's
salary requirement is high. Councilman Asting noted that he was impressed with David
Shaver in an earlier interview.
Councilman Asting moved to go back into the Special Meeting. Councilman Wargo
seconded the motion. Motion CARRIED 4-0.
Councilman Asting said he'd like to talk to Gene Johnson again and see what terms they
can come to and if it's agreeable they can hire him on a probationary period for 60 or
90 days and observe him at work and do a background check in the meantime. Councilman
Wargo pointed out that Mr. Johnson has no big obligation where it would be a loss of
finances if it didn't work out.
Councilman Asting moved that the City Clerk set up an interview with Gene Johnson for
the purpose of discussing terms for his employment as Police Chief of Edgewater.
Councilman Wargo seconded the motion. It was agreed to recess this meeting until
10:00AM on Tuesday, June 26, 1984. Councilwoman Bennington clarified that she is
voting on this motion but doesn't want to limit the interviews to one. Councilman
Asting said they can go to other choices if it doesn't work out. Motion CARRIED 4-0.
There was a short recess at 2:20 PM while awaiting the auditor's arrival. Mr. Alex
Kish, from the auditing firm of Brent Millikan & Co., arrived at the 2:45 PM and Mayor
Ledbetter called the meeting back in session.
-9- Council Special Meeting & Workshop Minutes
June 25, 1984
o
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Mayor Ledbetter asked Mr. Kish how they can handle the increase in salary since it
was budgeted at $18,500. this year and this would be unappropriated money. Mr. Kish
noted that the salary is listed as a total amount and they can make adjustments and
the main point is to stay within the total budgeted. He added that it's from a manage-
ment standpoint that they allocated the exact amounts per position but the auditors
look at the total picture and he wouldn't consider it a violation of Florida Statutes.
He said the penalty from an auditing standpoint is just that it's mentioned in the report.
There was a review of the total appropriated and amount spent at eight months into the
year. Mr. Kish cautioned that they take into consideration that there might be heavy
overtime yet during the vacation season. City Clerk Kinsey noted that they've already
had high overtime because of the low number of personnel.
Mr. Kish stated that Council can make the decision but from the auditors'standpoint,
they just shouldn't exceed the total appropriations for that department for the fiscal
twelve-month period. Councilman Asting asked if they have to reappropriate from the
Lieutenant's position to the Chief's and Mr. Kish said if they feel that was their
intent, they can do it. Councilman Wargo noted that they're $17,000. under what they
budgeted.
Mayor Ledbetter said he didn't want this Council accused of tampering with the money and
there was a motion of intent for a Deputy Chief and money was pledged for it. Council-
man Asting suggested they reappropriate. Councilwoman Bennington said they can change
the motion of intent to pledge the Deputy Chief to Police Chief. City Clerk Kinsey
noted that the salaries aren't spelled out in the ordinance and they can adjust line
items in house and it can be done administratively, and has been done this way for years.
Mr. Kish pointed out that the only way to amend the budget is with public hearings and
advertising, but they can change within the department as long as they don't change the
total amount. Councilwoman Bennington asked if it .is a problem offering the position
at a higher salary than budgeted for and Mr. Kish said he wasn't sure from a legal stand-
point and suggested they contact the City Attorney on this. Mr. Kish added that held
look at the Charter regarding line items. Mayor Ledbetter said he'd received telephone
calls on the situation and he's trying to protect the Council.
Councilman Asting moved to recess the Special Meeting until 10:00 AM on Tuesday morning,
the 26th. Councilman Wargo seconded the motion.
Mayor Ledbetter asked Mr. Kish to give them something in writing regarding the guidelines.
Councilman Asting asked that the City Attorney be present at the next day's meeting and
Councilwoman Bennington agreed.
Meeting was recessed at 3:16 P.M.
CITY COUNCIL OF EDGEWATER
RECESSED MEETING - JUNE 26,1984
MINUTES
Mayor Ledbetter called the recessed meeting to order at 10:00 A.M. in the Community
Center.
ROLL CALL
Mayor David Ledbetter Present Councilman Jack Soencer Excused
Councilman Melbourne Wargo Excused City Attorney Jose' Alvarez Excused
Council~/oman Gigi Bennington Excused City Clerk Connie Kinsey Present
Councilman Neil Asting Present Police Chief Ed Overman Excused
Also present was Mr. Gene Johnson, an applicant for the Police Chief position.
Mayor Ledbetter stated that due to lack of quorum they will recess the meeting until
10:00 A.M on Wednesday, June 27, 1984 and he asked that the City Attorney review the
application of Gene Johnson for a written report to Council. Meeting was adjourned
due to lack of quorum at 10:02 A.M.
Council Special Meeting & Workshop Minutes
-10- June 25, 1984 and
Council Recessed Meeting Minutes
June 26, 1984