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05-25-1984 - Special r~" Q ,CJ , .:...? ,- CITY COUNCIL OF EDGEWATER SPECIAL MEETING MAY 25, 1984 MINUTES Mayor David Ledbetter called the Special Meeting and WOI~OP to order at 1 :OOPM in the Community Center. ROLL CALL Mayor David Ledbetter Councilman Melbourne Wargo Councilwoman Gigi Bennington Councilman Neil Asting Present Present Present Excused Councilman Jack Spencer City Attorney Jose' Alvarez City Clerk Connie Kinsey Deputy City Clerk Susan Wadsworth Police Chief Ed Overman Present Arrived Later Excused Present Present Also present was Lieutenant Richard Beary of the A1tamonte Springs Police Department. Mayor Ledbetter stated the purpose of the meeting was to extend the agreement for a temporary Chief of Police with the City of A1tamonte Springs for an additional period of 30 days or until a resolution appointing Edward Joseph Overman as Chief of Police for the City of Edgewater is formally adopted, whichever occurs first. Councilman Wargo said held like to specify that the merit ordinance be amended, specifi- cally section 13-21. Mr. Robert Christy, from the audience, called a point of order. Councilman Wargo said this would be contingent upon extending the agreement for the Police Chief and would put him under Council. Mr. Christy stated that the special meeting was called for the contract for the Chief of Police and nothing else. Mayor Ledbetter suggested they stick with what is on the agenda. Councilman Wargo pointed out that anything involving the extension of the agreement can be brought up at this time and that can be contingent on extending the agreement. Councilman Wargo said he objected to a member of the audience calling a point of order. Mr. Christy suggested he read the Constitution. Mayor Ledbetter said if the changing of the merit ordinance was to be incorporated in the special meeting, 'it should have been in the notice of the meeting, but that was just his judgment. Councilman Wargo said he wished to appeal the decision of the chair and put it to a vote. Councilman Spencer asked Councilman Wargo to explain the relationship of the change to what theylre discussing. Councilman Wargo said changing the merit ordinance then puts him directly under the Council. Mayor Ledbetter pointed out that the Charter states the Chief of Police will work at the will of the City Council and doesn't refer to the merit ordinance. Councilman Wargo read from the Code book regarding Section 13-21. Councilwoman Bennington noted that all department heads come under the merit ordinance. Councilman Wargo said they also should come under Council because they can hire and fire. Councilman Wargo moved to recess the meeting until they could get an official opinion from the City Attorney. Councilman Spencer stated that he wasn't prepared to consider a change in the merit ordinance and would like to consider it further. Councilman Wargo said they can change the merit ordinance as long as it doesn't change the form of government, and hel11 act on an extension under these circumstances. Councilwoman Bennington said they could amend the merit ordinance prior to signing the agreement or resolution with Ed Overman but they need to act on extending the 30 day agreement with A1tamonte Springs. Councilwoman Bennington then seconded the motion to recess. Motion CARRIED 4-0. City Attorney Alvarez arrived at the meeting at this time, 1 :08 P.M. Councilman Wargo moved to go back from the recess to the Special Meeting. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. Councilman Wargo explained to City Attorney Alvarez that he was requesting this to clarify the ordinance since it doesn1t specify if he comes under the merit ordinance and he should be under the exclusive supervision of Council. Councilwoman Bennington asked if it could be brought up and acted on at that meeting since it wasn1t listed on the notice. City Attorney Alvarez said they could express a motion of intent to be translated into an official action at a later date. Mayor Ledbetter asked if the merit ordinance supersedes the Charter since the Charter was first. City Attorney Alvarez said if therels a conflict between the two, generally the Charter would be foremost. ~. I 'J' u o Councilman Wargo made a motion of intent that they amend that section of the merit ordinance to include the Police Chief at this time. Councilwoman Bennington seconded the motion. Councilman Spencer asked why they're requesting this change. City Attorney Alvarez said the Chief's movements are an item he's concerned with and there was a question raised regarding managerial-confidential employees but he didn't want to engage in discussion over something he might have to deal with in court since there was a request for a merit hearing from the former Chief. He added that he feels the ordinance is not clear. Councilman Spencer said they should consider all the positions involved. Councilman Wargo said he wants this clarified for his benefit and the Chief's. Councilman Spencer said he's reluctant to make a commitment. Motion CARRIED 3-1. Mayor Ledbetter voted NO. Mr. Christy, from the audience, asked if he could have questioning on this and Mayor Ledbetter agreed. Mr. Christy said he purchased the resume of Ed Overman and he had listed for current title that of bureau commander and sergeant and he understood he was a Lieutenant in A1tamonte Springs. Councilman Spencer stated that the meeting was not called to interrogate Ed Overman but was to consider a resolution. Mayor Ledbetter agreed there should not be an attack on the resume and noted that he hadn't seen the resume before the Wednesday meeting and had only seen the letter wishing to be Chief. Mr. Christy said the Council is obligated to the people to hear the people according to the Constitution and he is entitled to question anything and everything he wants to but if he's denied his constitutional rights, he'll go to the Civil Liberties Union. Mayor Ledbetter said he saw no reason to deny the right to ask a question since the Council is elected by the people of Edgewater. Councilman Wargo said he objected and Councilwoman Bennington also objected. Councilman Wargo said if Mr. Christy wants to talk about the extension of the agreement, that's acceptable but the qualifications could have been reviewed in the past two days, and he protested that he's out of order. Mayor Ledbetter asked Mr. Christy to keep his questions to the extension of the agreement. City Attorney Alvarez said this Council is not going to deny the public the right to ask questions, but for sake of procedure, he suggested that Mr. Christy state his questions on the record and the administrator and the Council will provide answers since they may not be prepared to answer all the questions. Mr. Christy stated that they chose the man as Chief so they should have the answers. City Attorney Alvarez again suggested that Mr. Christy put the questions into the record or in writing at another time. Mr. Christy said he gets no answers from this Council. Police Chief Overman advised Mr. Christy that if there's anything he wants to know about, he can talk to him at any time, and added that he is bureau commander and Lieuteant in A1tamonte Springs. Mr. Christy said that Council is denying his rights and he wants to find out why he doesn't get answers to his questions. City Attorney Alvarez read Resolution 84-R-27. Ord. 84-R-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING RESOLUTION NO. 84-R-13 BY EXTENDING THE AGREEMENT FOR A TEMPORARY CHIEF OF POLICE WITH THE CITY OF ALTAMONTE SPRINGS, FLORIDA, FOR AN ADDITIONAL THIRTY (30) DAYS, OR UNTIL A PERMANENT CHIEF OF POLICE IS OFFICIALLY APPOINTED, WHICHEVER OCCURS FIRST; REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE. City Attorney Alvarez asked if a representative from A1tamonte Springs is present. Lieutenant Richard Beary, stated he was present to represent A1tamonte Springs. City Attorney Alvarez asked if he is authorized to offer a statement on the extension of this agreement. Lieutenant Beary said yes and he read a letter from Mr. Phillip D. Penland, City Manager of A1tamonte Springs, which indicated their willingness to extend the agreement. Councilwoman Bennington moved to adopt Resolution 84-R-27. Councilman Spencer seconded the motion. Motion CARRIED 3-1. Mayor Ledbetter voted NO. -2- Council Special Meeting Minutes May 25, 1984 (' . , u Q ~ . ,-::. Councilman Wargo moved to adjourn the meeting. City Attorney Alvarez asked for clarification on previous discussions before he arrived at the meeting. Chief Overman said the agreement is basic and in the interest of time, it might be best if the City Attorney draws it up and his personal attorney will review it. City Attorney Alvarez said the resolution and agreement could be in conjuntion with the merit ordinance. Mayor Ledbetter said he questioned the contract with the Police Chief on the grounds that the Charter states he's a City employee and not a contractual situation. City Attorney Alvarez said he understands it1s a resolution formalizing the appointment that took place earlier and spelling out the terms and conditions of employment and that the Chief serves at the will and pleasure of Council, -the same as other department heads who are employees of the City. He asked if other offices should be included. Councilwoman Bennington suggested any department heads and Councilman Wargo agreed. Councilman Spencer pointed out that the Building Official and Recreational Director weren't decertified. City Attorney Alvarez noted that's just part of the labor agreement and department heads can hire and supervise, like the City Clerk and Police Chief, so that needs to be addressed since the merit ordinance was adopted under the City Manager form of government. Councilman Spencer said he felt it should include all department heads and he seconded the motion to adjourn. Meeting was adjourned at 1 :30 P.M. Minutes submitted by: Lura Sue Koser ~ ~ _^YG ~ ~ ATTEST: ~ ~~. -~ CITY CLERK 7 ~~ ~ Approved this~day of ,1984. ffJ .. g;J-, C r0~_ -3- Council Special Meeting Minutes May 25, 1984