02-08-1984 - Special
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CITY COUNCIL OF EDGEWATER
SPECIAL MEETING
FEBRUARY 8,1984
MINUTES
Mayor David Ledbetter called the Special Meeting to order at 10:00AM in the Community
Center. The meeting was to review the Police Audit Report and take necessary action.
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
Excused
Present
Excused
Mayor Ledbetter stated that the City Attorney and Police Chief are not present due to
the trial in process in Daytona Beach, which was to have closing arguments that day.
He said the City Attorney requested he deliver a message to the Council that Chief Baugh
requested that the meeting be postponed until Monday at 10:00 AM since he won't be
present, or the City Attorney.
Councilman Spencer said in view of that he moved that the meeting be recessed until
Monday at 10:00 AM. Councilman Wargo seconded the motion.
Mr. Robert H. Christy called a point of information and asked why the meeting couldn't
be held Monday night instead of in the morning.
Mayor Ledbetter said that was the request of the Chief of Police.
Mr. Christy said according to the Constitution and State Statutes it will be after 5PM.
Councilman Spencer called a question on the motion. Motion CARRIED 5-0.
Councilman Wargo moved to adjourn. Councilman Spencer seconded the motion. Meeting was
adjourned at 10:04AM.
RECESSED SPECIAL MEETING
MINUTES
Mayor David Ledbetter called the recessed Special Meeting to order at 10:00AM in the
Community Center on February 13, 1984.
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
Arrived Late
Present
Present
Mayor Ledbetter stated that due to the fact that the City Attorney had not arrived,
they'll take a short recess.
Mayor Ledbetter called the meeting back to order at 10:08 AM when City Attorney Alvarez
arrived. Mayor Ledbetter noted that the meeting was called this date at the request of
Chief Baugh to the City Attorney during the trial in Daytona Beach last week on Monday,
Tuesday, and Wednesday.
Councilman Asting said he had a statement prepared for the record. He stated: "Here
we have a report prepared and submitted to us by a highly trained P.olice official who
manages a large Police force with resources for training and equipping his organization
in a manner not available to us. As a sideline this person, for a fee, investigates and
reports on other police organizations when hired to do so. I can't help but feel that
comparisons were made between his organization and ours during the investigation and that
naturally it was no contest. It's like being used to driving a Cadillac and then being
asked to test drive a sub-compact. We are aware that problems exist in our Police Depart-
ment, but not all of them are due to internal management. The report itself is excellent
and it contains many valuable recommendations for improving our Police Department and pro-
viding guidance for its operations. It examines and concludes that 'poor leadership' is
a principal cause for our current Police situation. Immediately everyone jumps to the
conclusion that the Chief alone is responsible for this.
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Councilman Asting's statement (continued)-
I submit that all the blame for the poor leadership charge does not lie with the Chief
alone. He is the Council representative in the Police Department and in many instances
reflects Council guidance and policies. This and previous Councils must share in the
blame for the situation in our Police Department and some of our citizens have hammered
away at them merely to draw attention to themselves. We have denied requests for needed
equipment and personnel and have failed to provide adequate facilities under the guise
that we do not have the funds. Some were even willing to buy used and worn out vehicles
discarded by another law enforcement agency as patrol vehicles for our officers. We
have permitted fractional ism to exist. We were aware of this even before the audit, yet
we did nothing about it. In view of the foregoing, I propose that the Chief be placed on
a 90-day probationary period and start to immediately implement the recommendations, as
appli~able, that are contained in the audit. Further, that a Council member be appointed
to oversee the implementation and make progress reports to the Council. At the end of
the probationary period we then decide whether to retain or dismiss him. Everyone is
entitled to a second chance. Any negative action against the Chief, that may be taken
today, will have a most serious effect on his future. I ask you to please consider this."
Police Chief Earl Baugh came forward to speak to Council. He said the first meeting that
was called was called by Mrs. Bennington and he was in court at the time and the City
Attorney approached him afterward and asked him if he knew anything about it. He said the
City Attorney told him he should get a postponement. He added that he didn1t ask for
this meeting. City Attorney Alvarez asked him if he's represented by counsel and Chief
Baugh said yes, Attorney Judson Woods. Attorney Woods came forward and said he will be
representing Chief Baugh regarding any legal matters and will have some comments after
Chief Baugh has had a chance to speak. City Attorney Alvarez asked Chief Baugh if held
had ample time to confer with his attorney and Chief Baugh said yes.
Chief Baugh said regarding the audit there are negative and positive things and there
are a lot of things he tried to correct. He noted that the procedure manual was given
to Council in January and the balance was given to Council last week. It was clarified
for the record that it was Friday afternoon when the balance was presented for Council.
Chief Baugh said he was working on this for some time and the cover letter is about 90%
covered in the new procedure manual. He said he needs a workshop to have supervisors
and the Council implement it. He noted that the first one was drawn up in 1976 by him
and there had been nothing before, and it was approved by Council in 1977. He said the
cover letter stated they found no operational policies were implemented and he gave Mr.
Tucker a copy of what was developed but it hasn't been implemented. He said the use of
firearms was mentioned and that's in the manual and the operation. policies of vehicles
was covered in the new manual. He said regarding the statement that an officer had a
slapjack, that officer is no longer with them and internal investigations was mentioned
and on September 30th he appointed an internal investigator and he has completed several
since that time. He said a majority of the items in the letter are covered in the manual.
Councilman Asting asked Chief Baugh if held be willing to accept a 90-day probationary
period for the purpose of implementing the points. Chief Baugh said yes but held need
some help from Council and the City Clerk.
Mayor Ledbetter asked Councilman Asting if he intended it to be a coordinator appointed
between Council and the Police Department. Councilman Asting said yes. Mayor Ledbetter
noted that Judge Miller ruled that coordinators are illegal. Mr. Robert Christy called
a point of information. Mayor Ledbetter asked him to wait and asked Councilman Asting
how they'd get around the court ruling. Councilman Asting said Attorney Woods was City
Attorney at that time and perhaps he could qualify the decision. Chief Baugh noted that
it states the duties of the Police Chief are under the directions through the Mayor to
the Police Department.
Mayor Ledbetter said the existing policy manual that they're operating under is the
old obsolete manual of New Smyrna Beach, and when they went into a new manual, they
put this aside. Chief Baugh said no, this is the one they were operating under in 1977.
Councilwoman Bennington said they wrote it in 1975 and it1s obsolete. Chief Baugh
agreed a lot has been changed. Councilwoman Bennington asked why it wasn't updated
and was let go and is just now being incorporated and updated. Chief Baugh said he went
toseveral seminars throughout the state and he's been working on it for some time.
Councilwoman Bennington pointed out that they've been operating under it for seven years
and it should be a yearly update as the laws and conditions change and asked why it
wasn't done yearly. Chief Baugh said there were certain things added to it as they
went along, such as pursuit, stopping vehicles, etc.
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Special Meeting Minutes
February 8 & 13, 1984
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Councilwoman Bennington said according to Mr. Tucker's report, it's not any good
so if it was added, it wasn't worth putting it in there. Chief Baugh said that's
why he updated with the new manual and almost everything that pertains to them is
in that and it should be updated every six months. Councilwoman Bennington pointed
out that it wasn't updated until now and asked how they'd know it will be updated.
Chief Baugh said because of seminars that he went to,it was brought to his attention.
Councilwoman Bennington asked why he wasn't aware that an officer had a slapjack.
Chief Baugh said there were a lot of things. Councilwoman Bennington asked if he
has inspections for equipment and Chief Baugh said no, but the sergeants will be
checking that and it needs to be updated. He added that this officer is no longer
with them. Councilwoman Bennington said they knew who the officer was and asked if he
was the only officer. Chief Baugh said yes. Councilwoman Bennington asked how Mr.
Tucker knew if the officer is gone, and said she has information that another officer
has it now. Chief Baugh said they have someone else who carries a night stick but he's
certified to carry it. Councilman Asting asked if the slapjack is easily concealed
and Chief Baugh said he could put it in his pocket and it can hardly be seen, and added
that they used to have a pocket in the side of the leg for it but it's State law that
they can't have it and that will be part of the manual also.
Attorney Woods said he's known Earl Baugh since 1976 when he came as Chief and that he
was here when George Katez was dismissed. He noted that Earl Baugh is going on his 8th
year and he couldn't say everything is perfect because nobody's perfect and everybody
fllakes mistakes, but he doesn't think there's anything in the audit report that can't be
corrected and Chief Baugh deserves a chance of at least 90 days to correct any deficiencies
in the audit report. He said that was the purpose of the audit report, to point out the
discrepancies. He added that it seems unfair to have someone from Tallahassee in a city
that size make judgements of such a small city. He noted that there's constant political
strife in Edgewater and he's seen Chief Baugh come up and ask for assistance from Council
and sometimes he got it and sometimes he didn't. He said the 'Rolice facilities which
came up in the report are an embarrassment to the City and Chief Baugh and a number of
men went in and tried to fix up the facilities and make them presentable. He added that
they've asked for other facilities and he knows money is tight but it seems to have good
morale, the people need a nice or decent place to work and this facility doesn't qualify
for that kind of place. He noted that there have been shortcomings on Chief Baugh's part,
and lack of funds, plus shortcomings on the part of Council, and he deserves a chance to
correct the deficiencies, then if the deficiencies aren't corrected the appropriate action
could be taken. Attorney Woods presented a petition bearing 589 signatures signed by
citizens and business people in Edgewater who were showing their support for Chief Baugh.
He added that most people don't sign petitions unless they give it a great deal of
thought, and said that Chief Baugh has done the best job he could under the circum-
stances and there will be malcontents wherever you work. He urged Council to give Chief
Baugh the chance to correct any deficiencies.
Councilman Asting asked Attorney Woods to comment on the coordinator system. Attorney
Woods said he sees no problem with someone being appointed by the Council to work with
Chief Baugh to correct deficiencies in the Police Department but not as a coordinator
per se. Councilman Asting said the person should be a liaison between the department
and make reports to Council. Attorney Woods said it could be more than one person and
he noted that his personal opinion is that the Edgewater Police Department is very highly
regarded and you don't get that high regard without some kind of training and leadership.
He added that he felt they were professional in handling cases in court and the general
treatment of people in the City.
Chief Baugh said regarding inservice training and training of officers, he checked on
that regarding training and he then listed the different courses that some of the
officers had taken. He broke down the turnover in personnel since 1977 as: 1977 - 10
offi cers and lost one; 1978 - 10 offi cers and lost none; 1979 - 10 offi cers and lost
none; 1980 - 11 officers and lost two; 1981 - 11 officers and lost two; 1982 - 13
officers and lost one; and 1984 - 15 officers and lost four. He listed the various
reasons for leaving, such as family problems, entering private business, advancement
to Highway Patrol or Sheriff's Department, more benefits, and one for retirement.
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Special Meeting Minutes
February 8 & 13, 1984
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City Attorney Alvarez asked Council members if they1d had ample time to review the report
and obtain the necessary background information for this situation. Council members
individually answered yes.
Councilman Spencer noted that a suggestion was made that Mr. Tucker in a larger city
would not be reasonable in judging a Police force in a smaller city but Mr. Tucker had
started out in a small city and has been gradually promoted. He said he'd discussed
this report with Chief Baugh who understood his position at the time and he's since been
to Tallahassee and talked to Mr. Tucker personally. He noted that Mr. Tucker has out-
standing credentials and is a very objective and knowledgeable Police Chief. He said
he didn't feel the report was biased and Mr. Tucker would have no reason to be other
than ojective. He noted that there was a professor-attorney assisting him. He said
he felt it's the Council's responsibility to act in the manner that's in the best interest
of the citizens. He added that he likes Chief Baugh and he finds it difficult to sit in
judgement of another person but it1s a responsibility of Council, and that it's been
apparent for some time that there have been real problems with the Edgewater Police Depart-
ment. He noted that Council has met with them and it was difficult to ferret out just
where the problems were but this survey provided an independent outside survey and Council
should take it as confirmation of an indication where the problems lie. He said the prob-
lems are not soley with one individual, and although the Council has been accused of not
providing facilities, that's true of other positions and the head of that particular organi-
zation has the responsibility to correct those problems and overcome obstacles.
Councilman Spencer stated that the Chief had received one evaluation which was unsatis-
factory for a merit raise and at the time he asked for additional time to improve the
evaluation and after the second evaluation he hadn't shown improvement. He said the
Chief is well liked and a lot of people signed the petition but he disagreed with the
comment that people are as thoughtful as they might be who signed it as he knew one woman
who called him and said she signed it but didn't know what it was all about. He said he
realized that wasn't true of all who signed. He referred to page 53 regarding "Crime
in Florida" and said of 40 cities, Edgewater ranks 28 in the State in the clearance rate
and that1s substantially below average and not a record to be proud of. He noted there
were some comments of praise such as appearances in court. He said that Chief Baugh
has done many good things for the City but it's time the City ends it relationship with
Chief Baugh.
Chief Baugh said his evaluation was not below average, but was average and he spoke with
the City Clerk and there were a lot of areas that were improved in the 90 day evaluation.
City Clerk Kinsey said the evaluation did not improve. Chief Baugh said one item did
improve and City Clerk Kinsey said yes. Chief Baugh said the evaluation he got prior
to that one was just one under the highest you could get and it was done by the former
City Manager. He said he asked many times to go over this with the City Clerk and he
tried to keep her up to date with what the department does and there have been some
improvements and he wants the records to show that it was not below average, just average,
and there were two different people's opinions.
Mayor Ledbetter asked City Clerk Kinsey if she had anything to say on the evaluation or
any recommendations to Council. City Clerk Kinsey said based on the Chief1s annual
evaluations conducted by her on July 14th and November 4th, 1983, and seeing only a
small amount of improvement after both evaluations, and the remarks from Mr. Tucker and
the potential civil liability risk involved, she recommended that Earl Baugh be
terminated at the close of his work day March 1, 1984.
Councilman Asting asked City Clerk Kinsey if there's a conflict between her and Chief
Baugh and City Clerk Kinsey said no.
Councilman Asting then asked if there's a personality clash. City Clerk Kinsey said she
didn't feel there is and she had worked quite well with him for a number of years in
other areas.
Councilwoman Bennington said she'd talked to Chief Baugh and he came to her house and
presented the same things they heard today and asked her for 90 days and she told him
she hadn't made up her mind. She said she read his manual and the audit and she talked
to Mr. Tucker and went to the Police Chiefs Conference in Orlando and talked to Chiefs
there. She said she has nothing personal against him but based on the information that
she had she felt he isn't the best man for Edgewater. She added that she felt he served
the City well but they're at a point that they need a new Chief.
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Special Meeting Minutes
February 8 & 13, 1984
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Councilman Asting stated that the report contains criticism of the Council in that
they haven't supported the Police Department, and in view of Council IS responsibility
he felt they should grant the man a second chance by placing him on a 90 day probationary
period to see if he can implement it and if he can't in that time, that would be the
time to dismiss him.
Councilwoman Bennington said 90 days will not make a difference and she based that on
the vote of the new base station because of the way it was presented by the Police
Chief. She said when she got additional information from two other Police department
members she advised the Chief to bring it back to them and that was in October. Chief
Baugh said this was brought up and transferred over to Federal Revenue Sharing money
and he asked for it after that. Councilwoman Bennington told him he didn't present
the information and Chief Baugh said he did. Councilwoman Bennington said he didn't
present the package she requested and that day they were just going over what they needed.
She said she'd been convinced that they didn't need it and then when she went to him with
the package, he didn't present it. She said the garbage trucks were overriding the
Police radios and it could have been very dangerous for patrolmen, and asked what's more
important than an officer's life. Councilwoman Bennington said she didn't think that
90 days would make any difference. Councilman Asting stated that they won't know if
90 days will make a difference until they try it.
Attorney Woods stated that it appeared to him that some minds were made up and that
City Clerk Kinsey is a personal friend of his but he didn't think her opinion should
carry any weight with this Council and they should make independent judgements. He
read from page 63 of the report regarding IILaw Enforcementll.
Councilman Spencer requested the February 1, 1984 letter addressed to the City Clerk
from Mr. Tucker be read. City Clerk Kinsey read the letter. Councilman Asting stated
there's some conflict between the letter received by City Clerk Kinsey and the contents
of page 63 of the report. Councilwoman Bennington noted that page 63 which was read by
Attorney Woods was interviews that were conducted.with law enforcement agencies and the
interviews conducted with the employees who worked in the department were not read from
page 8,and she felt that people who work in the department have a lot to say. Chief
Baugh stated that the petition has some of his officers who backed him and also one of
the officers who left the Police Department. Councilwoman Bennington said Attorney Woods
was picking things out of the report to make it look good. Chief Baugh said he knows
there is good and bad on both sides.
Councilman Asting asked how many men were interviewed. Chief Baugh said there were four
officers. Councilwoman Bennington said there were four officers, one former Lieutenant,
one detective sergeant, one dispatcher, one animal control officer and the Chief of Police.
Councilman Asting asked if all members were interviewed and Chief Baugh said no.
Councilman Asting moved that the Chief be retained for a 90 day probationery period and
be given the opportunity to implement the findings of the audit. Motion DIED for lack
of second.
Councilman Wargo moved that they concur with the City Clerk's recommendation. Councilman
Spencer seconded the motion. Councilman Spencer asked to amend the motion to terminate
it in 30 days. Councilwoman Bennington seconded the amendment. Councilman Wargo called
a point of order as the amendment changes the meaning of the motion. Councilman Spencer
said it changes the date, but not meaning. Councilman Wargo withdrew his objection.
Amended motion CARRIED 4-1. Councilman Asting voted NO. Original motion CARRIED 4-1.
Councilman Asting voted NO.
Councilman Spencer moved to adjourn the meeting. Councilman Wargo seconded the motion.
Meeting was adjourned at 11:12 AM.
Minutes submitted by:
Lura Sue Koser
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February 8 & 13, 1984
NOTE: Signature page is -6-.
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ATTEST:
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CITY CLERK
- Approved thi.; ~()~ day of ~ l1JJuJ'ilNf
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Special Meeting Minutes
February 8 & 13, 1984