Loading...
02-14-1985 - Special/Workshop ~ " o o CITY COUNCIL OF EDGEWATER SPECIAL MEETING AND WORKSHOP FEBRUARY 14, 1985 MINUTES Mayor Baugh called the meeting to order at 3:00 P.M. in the Community Center. He stated the purpose of the meeting was to discuss Police Department matters with the four Sergeants. ROLL CALL Mayor Earl Baugh Councilman Louis Rotundo Councilman Russell Prater Councilman Neil Asting Present Present Present Present Councilman James Inman City Attorney Jose'Alvarez City Clerk Connie Kinsey Sergeant William Lenz Present Excused Excused Present Also present were Sergeants Britain, McEver, and Westfall. Mayor Baugh asked for a motion to recess the Special Meeting to go into the Workshop. Councilman Asting so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. Councilman Inman thanked Sergeant Lenz for the job he's done in straightening out the purchasing procedure and the way the department has been operating and he said he feels they should be going forward now. He stated that at a prior meeting they decided to evaluate the Police Department in six weeks but he doesn't feel they can give a fair evaluation due to the fact that the sergeants all work on different shifts. He said he's heard the Sergeants are getting disgruntled because they are not able to rotate shifts and Sergeant Lenz is working days with the department and City Hall. He said it's impossible to change the personnel from one shift to the other which is supposed to be done but they can't change the Sergeants and leave the patrol officers where they are because they could consider that discrimination against them. He stated that it should be changed for all or for none. He suggested a solution for Council to consider is reestablishing the Lieutenant's position which would be second in command, then when they hire a Chief, he'll have his second in command in the position. He reviewed the duties of the second in command. He noted that some of the Sergeants don't want to go to the Deputy Chief position because they'll lose their protection from the union. He said if they decide to promote someone to Chief, the only logical way is to take a written test and meet an oral board with results given to Council to choose the best person possible. He added that the one promoted to Lieutenant will be Acting Chief at the present time and his actions will stand until they get a Chief and then if the new Chief wants to change any policies or procedures, that is his prerogative. He noted that if they promote someone to fill the Lieutenant's slot, they will have a vacancy in the Sergeant's slot and then if a patrolman is promoted to Sergeant, they'll have to fill the patrol officer's slot. He noted that the new officers will soon be here for one year and will be eligible for vacation and with the three eight hour shifts they have now, it will start involving overtime, and he doesn't know how to avoid it unless they consider twelve hour shifts. He noted that if they decide to go back to twelve hour shifts, they'll need approval of PBA, and he'd talked to some of the Police personnel who would be anxious to go back to the twelve hours. He pointed out that it's a morale factor because they work two days and then are off two days, so they would occasionally have Saturday and Sunday off to spend time with their families. He reviewed the overtime difference in the twelve hours and eight hours, as an average of 58.38 hours for twelve hours from the last week of May until the 1st of October, and 52.57 for the eight hours beginning the 1st of October through the 31st of January. He stated that they need to show some leadership in the Police Department and the Lieutenant's position would be the answer. '. o o Councilman Asting asked if all the authorized vacancies have been filled in the Police Deparment and Sergeant Lenz replied that all are filled but the Chief and Deputy Chief. Councilman Asting asked if the missing property on the inventory taken in the recent change had been returned to the Department and Sergeant Lenz replied not all the property. Councilman Asting asked if the department is making use of the new space and Sergeant Lenz replied that the Detectives and Records were moved and there's an office for the Sergeants. Councilman Asting complimented Sergeant Lenz and said he's doing a very good job and with the cooperation of the other Sergeants he got the department straightened out and they all deserve the Council's thanks. Councilman Prater asked the Sergeants their preference of the twelve or eight hour shifts. Sergeant Britain and Sergeant Lenz said they prefer the:twelve hours. Councilman Prater noted that there's little difference in overtime and they should consider what's most suitable for the Police Department. Councilman Inman pointed out that they also have to get an okay from the union and Sergeant Westfall is their representative. Mayor Baugh noted that the contract states they can change it with thirty days notice from either side. Sergeant Westfall agreed they have that prerogative with the thirty days notice. Mayor Baugh said he doesn't feel there's a problem with the twelve hours. Councilman Rotundo asked if they had the twelve hour shifts before and Mayor Baugh replied yes. Councilman Asting asked how the patrolmen feel about the twelve hour shifts. Sergeant Britain said his more experienced officers prefer the twelve hours but the newer ones didn't have a preference. Sergeant Lenz said he has two new officers who have never worked the twelve hours. Sergeant Westfall said they all feel the same way and prefer the twelve hours but he's looking at the economics of it. Mayor Baugh stated that when comparing the overtime when they had twelve hours to the eight hours, they had less overtime with the twelve hours. Sergeant Westfall pointed out that they have to consider they're close to three men on a shift and hiring one more parolman would put three on each shift. Mayor Baugh noted that with three men on the twelve hour shifts they'll have coverage for vacations and sickness and have the two men on the road. Sergeant Britain stated that if they hire one more man, the only overtime should be for court time for depositions or for sickness or vacations. Mayor Baugh asked how many are eligible for promotion due to the three year requirement and Sergeant Lenz replied only one, but he doesn't think there's a policy with a stipulation for promotion from Patrolman to Sergeant. Mayor Baugh noted that there could be a problem with someone in service for about six months who wouldn't be capable of handling the Sergeant's position. Sergeant Lenz suggested they establish a policy stipulating three years or equivalent experience in law enforcement. Councilman Asting asked if only one man meets the three-year criteria and Sergeant Westfall said the next highest is about one year. Sergeant Lenz pointed out that Officer Brinson had three and a half years law enforcement experience. Councilman Rotundo asked if it's compulsory to have four Sergeants and Mayor Baugh replied yes. Councilman Asting pointed out that they have a Detective Sergeant and they need a Sergeant for each shift. Sergeant Lenz pointed out that the amount of vicarious liability is tremendous if they don't have a supervisor with rank on each shift. Sergeant Westfall stated that if they promote a Sergeant in the proper manne~ they have to replace that rank by a patrolman. He noted that he'd made up a twelve-hour shift schedule. Councilman Asting asked which patrolman went to Detectives and Sergeant Britain said it was Terry Brinson. Mayor Baugh noted that was due to his experience and Sergeant Lenz added that it's a temporary assignment. Councilman Rotundo asked where the funds would come from if they promote a Lieutenant and Sergeant and hire another person and then a Chief. Mayor Baugh noted that they have the Chief's salary. Sergeant Westfall pointed out the time line for posting the notice and the general procedure which would take some time. -2- Council Special Meeting & Workshop Minutes February 14, 1985 o o Mayor Baugh stated that he talked with Mike Lary in New Smyrna Beach and he knows where they can get the test materials which come sealed and the company does all the grading and nobody here sees the exam after it's taken and the scores come back from the company. He added that the cost is about $30. each. Councilman Inman pointed out that some of the Sergeants might not be interested in it. Mayor Baugh said he felt they should take the test. Mr. Walter Gross, from the audience, asked to speak and Mayor Baugh denied the request, stating this is a Council workshop session. Sergeant Westfall pointed out that the Lieutenant's slot was abolished by motion and it would take a motion to reinstate it and asked if there's a job description. Mayor Baugh said there was but they'd have to review it. Mayor Baugh asked Council's wishes on audience participation and Councilman Asting stated that it's a workshop among themselves. Mayor Baugh stated that he's very pleased with the progress of the Department and all four Sergeants have done a super job and it's not an easy task. He said he and Councilman Rotundo looked at the telephone lines and radio trans- mitters with the capability of recording which are hooked up now. Sergeant Lenz pointed out that Terry Brinson worked very closely with Joe Nasser in getting this equipment and he has a lot of knowlege in the hookup and does the vehicles and will do the majority of these. He added that the telephone company will have the final responsibility for it. Mayor Baugh said he also talked to Joe Nasser about this and it's about $8,000. worth of equipment. Sergeant Lenz noted that it was donated at no cost to the City. Mayor Baugh said the only part of the machine that's still available to the Sheriff's Department is the recorder and they may have to borrow the recorder for cases for court. Sergeant Lenz stated that before they install the equipment a lot of paper work will have to be done such as the legality of it, establishing of procedures for handling it, who will have control over it, and who will have custody of the tapes before they can put it in service. Mayor Baugh suggested they send a letter to the County Council thanking them for the recording equipment donated to the City and the Police Department. Sergeant Lenz said he has to send a letter to them and he can send it on behalf of the Police Department. Mayor Baugh suggested if Council decides to send the letter that they coordinate it as a combined letter from the City and the Police Department. Councilman Asting asked if the two new patrol cars are ready for patrol work and Sergeant Lenz replied they were painted and Officer Brinson will be hooking up the overhead lights and hooking up the siren and radios. He said he got a price of $300. per unit for the cage bars and $165. for back seat replacements to give them room to put someone in the back so it will cost about $500. per unit to equip them. Councilman Asting suggested they be put in service as quickly as possible. Sergeant Lenz said he has a verbal agreement with the union about the use of the vehicles with the provision that they immediately get cages and the back seats as soon as possible. Councilman Inman asked if they'll comply with the law regarding calibration and Sergeant Lenz said they'll be checked again. Mayor Baugh stated that he'd checked and they were calibrated. Councilman Inman stated that he'd like more input from members of the Police Department and any suggestions for what they can do to help with the oper- ation of the Department. Sergeant Westfall said he'd worked up a schedule of shift changes to try to cut down on overtime and overlapping of shifts, and he worked up a schedule showing three month shift changes which affects Sergeant Lenz on the day shift to perform the duties Council gave him and it gives Sergeant Britain another month as his support unit, and then March 18th when the shift changes, he'll go to days and Sergeant Lenz to afternoons and Sergeant Britain to nights for another three months. He added they would move a swing man to day shift to make Sergeant Lenz available during working hours and not involve overtime. He pointed out that two of the Sergeants have working wives and it causes a problem sometimes but the purpose of three months is because one month isn't enough time to get used to a shift, and taking into consider- ation the two days overtime at shift change and cutting it from 24 to 8. Mayor Baugh noted that they can plan to go to college or schools in the three months. -3- Council Special Meeting & Workshop Minutes February 14, 1985 ~ o o Sergeant Westfall said with the shift changes with this policy still in effect they will have Sergeants as those who will run the department for six weeks or two months or whatever, and he feels that no Sergeant should be allowed to take any time off because than that person would lose their support. He reviewed how when he comes on days he will need Sergeant Lenz as a source of information and input unless the situation is changed. He added that perhaps the twelve-hour shifts could cut down a great deal of problems regarding officers in charge with two days on and two days off. Councilman Asting asked if any of the Sergeants are interested in the Lieutenant's position. Sergeant Britain replied yes. Sergeant Lenz replied not at this time. Sergeant McEver replied with information he has, he cannot comment at this time and it's negative with information he has. Sergeant Westfall replied yes but the precarious situation they have been placed in,as well as Counci~ makes it hard for them with the political atmosphere to say they want to do something. Councilman Asting said he doesn't agree. Sergeant McEver said he feels they will have a solid foundation in the Department eventually. Councilman Asting stated that he feels they're establishing a base now and all the Sergeants have been with the Department for some time. Councilman Asting added that he thinks they should send for the tests for the Lieutenant and Sergeant positions. Sergeant McEver said there's nothing negative about the Council and they appreciate the recognition and the chance to move forward. Councilman Inman stated that a solid foundation is what he's trying to establish with the Lieutenant's position and he'll be responsible for the Department and make decisions. Mayor Baugh suggested all four Sergeants take the test even though they deny the position later. Councilman Rotundo agreed. Councilman Prater agreed that if they take the test, there's nothing compulsory that they have to move up. Councilman Asting agreed they could refuse it and it wouldn't make them ineligible for any future promotions. Sergeant Lenz suggested they might be looking at the situation too soon as they'll have to get a Chief and he thinks they should do that immediately. Councilman Asting said he thinks the Lieutenant should be one of the four Sergeants, whoever passes the exam and wants the position. Councilman Rotundo suggested they consider the Chief now and Councilman Asting stated that will be later on, but they're looking for a Lieutenant now. Sergeant McEver reviewed the past Chiefs and interim and acting Chiefs and the changed policies manuals, adding a Chief will have his own way of doing things. Councilman Asting pointed out that if a new Chief has a way of doing things not in accordance with established policies and there's no conflict, they can go along with it. Sergeant Britain said the job has gotten to be too much for one person and they need quicker action for the Chief's slo~ besides the Lieutenant'~ and the Sergeants are needed on the road because of vicarious liability. Mayor Baugh said that's what they're trying to do and they hadn't had an opportunity yet to evaluate the Sergeants the way they'd like to and would like more time but want to get the Lieutenant's position filled while they're still evaluating. Councilman Asting stated that without someone in charge on a full time basis, they're having a problem with Sergeants on the shifts. Sergeant McEver said that Council seems to be pleased with the way the Department's running but they want to put someone in as Lieutenant, and a Chief could use them to assist him and the Sergeants could be his staff until a Lieutenant can be appointed. He added that the immediate problem is getting information and between a Chief and three or four Sergeants, the job can be done and then the Chief could fill the Lieutenant's slot. He noted that he realizes that Council is trying to help them. Councilman Inman said he feels there's a morale problem in the department now. Sergeant Westfall said that's caused by competitiveness and Sergeant Lenz is in charge without sufficient compensation and is running the Department as interim officer in charge at a Sergeant's rate of pay, which is disheartening. He added that action should .be taken. to change that and bring him up to the department head's salary. He suggested the position get the same rate as the Chief of Police when he was terminated. -4- Council Special Meeting & Workshop Minutes February 14, 1985 o o Councilman Rotundo suggested they should establish the Chief's position and then the Lieutenant's. Sergeant Westfall said he felt that would eliminate the vicarious problem as well as the morale problem that's generated by pitting one person against another. Councilman Rotundo stated that they're trying to establish that they want a Police Chief out of the Department but it doesn't seem they can do that without someone being hurt. Sergeant Westfall stated that it's his responsibility to serve whoever is the Chief, whether it's from within the Department or not, and he feels the Sergeants are competent indiv- iduals who will serve the community in any capacity assigned. Councilman Rotundo asked if the only problem is with salary. Sergeant West- fall said Sergeant Lenz is doing a great deal of things and they'll all be doing these things. Councilman Rotundo asked how much time is left for Ser- geant Lenz's term and Mayor Baugh replied it's about two weeks. Councilman Prater asked who would be interested in the Chief's position. Sergeant Britain said he'd rather go into second in command until he gets more experience in the administrative field. Sergeant Lenz replied that he's not seeking a management level position at this time. Sergeant Westfall said at this time he'd have to decline because of the precarious situation they're all in. Mayor Baugh asked if he'd be interested in the Lieutenant's position and Sergeant Westfall replied yes, but he'll be glad to work on any assignment given to him. Sergeant McEver said he's not interested at this time. Councilman Inman said the Police Department needs a leader to make decisions and he proposed a Lieutenant's position as second in command. Mayor Baugh asked Sergeant McEver if he'll take the test and Sergeant McEver said no, he wouldn't, and he thinks the Chief should have the choice of second in command. Mayor Baugh asked Sergeant Lenz if he'd be interested in taking the Lieutenant's test and Sergeant Lenz replied no. Mayor Baugh asked if they want to leave it as it is now and Sergeant McEver said he'd support any of them but he doesn't feel he can take six weeks out of investigation at this time. Sergeant Lenz said he would go to the afternoon shift and let Sergeant Britain and Sergeant Westfall go into the office as officer in charge if that would help solve anything since they expressed a desire for management work. Mayor Baugh agreed they could extend the time and let the others have a chance at it. Councilman Prater agreed each one should have a chance at management. Mayor Baugh asked when the schedules will change and Sergeant Lenz replied it will be March 18th. Mayor Baugh pointed out that wouldn't give them the time unless they had a special exception unless the members and the union agreed. Sergeant Westfall stated that Sergeant Lenz was scheduled for day shift when this took place and he'd go on days for three months as of March 18th, unless they change the schedule, and if they want to cut it down to six weeks, he'll drop down on a predetermined date where there's no overtime cost and go to night shift and let Sergeant Britain come to days for the remainder of the three months, leaving patrolmen the same way. Sergeant Britain noted thatthey're talking about evaluating the Sergeants for a Lieutenant's position and giving written tests and oral boards and if they're being evaluated in the Acting Chief's position, then it will be dragged out longer and it's not needed for the Chief's position. Councilman Asting said it's to give them an idea of problems and administrative functions in the Department and it would be good experience for them. Sergeant Britain said they should get this started rather than dragging it out as they're getting no closer to a solid foundation. Councilman Prater said he feels they need a number two man when they get a Chief so he can take over when the Chief's not there. Sergeant Lenz agreed they need a second in command in the Police Department but suggested the Chief have the right or privilege to structure his department the way he wants to and the way he'd be able to have it function. -5- Council Special Meeting & Workshop Minutes February 14, 1985 o o Councilman Rotundo stated that they're trying to protect the men in the office now in case they hire another Chief. Mayor Baugh said if it's established now and he can't work with them, he could have a problem. Sergeant McEver said he hopes Council will appoint someone with fairness. Sergeant Westfall pointed out that a long term unconditional contract would stir interest but that's impossible, but looking at the prior history he can see problems with taking a person from the ranks and making him Chief unless he can fall back into the rank he gave up. Councilman Inman disagreed and said they could always go back to where they left with no repercussions and asked what would happen to morale if they rotate the Sergeants and not the Patrolmen. Sergeant Westfall agreed they may have some problems but the officers have a responsibility to duty and to the citizens, and sometimes it's best to have supervisors rotating one way and the patrolman another way. Mayor Baugh asked if Council could help in any other way with the Department and Sergeant Lenz said the major thing is equipping the three cars, and the hiring procedure which needs to be established in writing. Mayor Baugh said that can be established in the Police Department with the written tests and oral board and the highest ranking would be considered. Mayor Baugh asked for a motion to adjourn the Workshop and go back into the Special Meeting. Councilman Asting so moved. Councilman Inman seconded the motion. Motion CARRIED 5-0. Mayor Baugh asked for motion to allow Sergeant Lenz to go ahead and get the seats and cages for those vehicles to make them safe for the officers on the street. Councilman Inman so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. Mayor Baugh instructed Sergeant Lenz to go ahead with that. Mayor Baugh asked that a letter be written to the County from the City and the Police Department to thank them for the recording equipment. Councilman Prater so moved. Councilman Inman seconded the motion. Motion CARRIED 5-0. Mayor Baugh asked Sergeant Lenz to work with the City Hall staff to draw up the letter. Councilman Inman moved to establish the rank of Lieutenant as second in command of the Police Department. Councilman Asting seconded the motion. Motion CARRIED 5-0. Councilman Asting stated that he liked the suggestion of having three years or equivalent in law enforcement and he moved that they draw up this procedure. Mayor Baugh said it's a management decision and a departmental procedure which the Sergeants could draw up. Sergeant Britain asked if it was for Lieutenant's position and Councilman Asting replied that it's for time in grade and promotions. Mayor Baugh suggested they draw up two procedures, one for hiring and one for promotions. He stated that the motion is to draw up the procedures for pro- motions and hiring and allow the Sergeants to draw up the requirements. Councilman Prater seconded the motion. Motion CARRIED 5-0. Mayor Baugh asked the four Sergeants to work on the procedures. Councilman Asting pointed out that Sergeant Westfall is the union representative and asked if the union is agreeable to the shift change from 8 to 12 hours, and said he wants it official from Harry Haeseker. Sergeant Westfall said he'll contact him and get the information to Sergeant Lenz. Mayor Baugh asked that a vote be taken of the people working now and Sergeant Westfall said he'll put a notice on the board for a vote. Councilman Asting said if they're reestablishing a Lieutenant's position, they should send away for the tests for Lieutenant and Sergeant, and he moved that they authorize the City Clerk, in conjunction with the Mayor, to send away for the tests for promotion to Lieutenant and Sergeant. Councilman Inman seconded the motion. Motion CARRIED 5-0. -6- Council Special Meeting & Workshop Minutes February 14, 1985 r , r r , o o Councilman Prater asked if they have to specify a number and Mayor Baugh said yes, after they get the new procedure for the Sergeant's tests, and he'll have the City Clerk check to see how long they can keep the tests before they have to send them back. Sergeant Westfall asked if the Sergeants can be given the duty to serve as officer in charge for the period they're on the day shift as an assignment for the position rather than looking for a Chief. Mayor Baugh said he had no problem with that. Sergeant Westfall said they'd be given that assignment when they're on day shifts and those officers,and Sergeant Lenz to be paid retroactive, would receive the rate of the past Chief for the services he has given as well as the other Sergeants at the table. Mayor Baugh said he thought at the time this happened that Sergeant Lenz was contacted and they discussed an increase but he said he'd handle the position with no increase at that time. Sergeant Lenz stated that he didn't recall that discussion. Mayor Baugh said the discussion came up and he doesn't know if they could agree with the retroactive. Sergeant Britain stated that Sergeant Lenz has done a lot and should be compensated. Sergeant Wesftall said they need to clarify the duties to be performed and the rates of pay, and he's given a lot of his personal time as well as everyone else. Mayor Baugh said his concern is the increase to the Chief's pay because four people are making the decisions and not just one, but he can see it gqing to the the Lieutenant's pay. Councilman Asting agreed. Sergeant Westfall pointed out that a patrolman starts the same as a Lieutenant. Mayor Baugh suggested it be a percentage for the length of time. Sergeant Westfall pointed out that they mentioned a pay scale for the Deputy Chief or Assistant. Councilman Asting suggested they base it on what was provided for in the merit pay plan. Mayor Baugh said he'd have no problem with that and it could be retroactive and then when the next one takes over the shift, he'd make that for that period of time. Councilman Asting said he doesn't think any formal evaluation should be made when the Sergeants are acting in charge of the department and they'll continue to observe the operations. Mayor Baugh pointed out the two evaluations he's going to do with the City Clerk will be based on the prior work. Mayor Baugh asked for a motion for the City Clerk to research what the Deputy Chief is going to make and make that retroactive for Sergeant Lenz and for those Sergeants in the position for the period they're in that position. Councilman Rotundo made that a motion. Councilman Asting seconded the motion. Motion CARRIED 5-0. Sergeant McEver said he's in need of crime prevention signs and materials. There was a discussion as to source and costs, and the possibility of trading off with New Smyrna Beach. Sergeant McEver said if he can work out a way to get the materials from other departments he'll do it. Councilman Rotundo asked if they should go out for resumes for Police Chief and Councilman Asting suggested it be a step at a time. Mayor Baugh suggested they advertise in the two magazines, Florida League of Cities and Florida Police Chiefs manual. Councilman Asting suggested they evaluate it here first and Councilman Rotundo pointed out that they're wasting time. Councilman Asting disagreed that they're wasting time because the department is functioning. Councilman Rotundo said they're running into problems and he moved they go out for resumes for Police Chief in the magazines, or whatever. Councilman Prater asked if it would be at no cost and he seconded the motion. Mayor Baugh clarified it would be Florida League of Cities and the Police Chiefs at no cost. Motion CARRIED 5-0. Councilman Asting moved to adjourn. Councilman Prater seconded the motion. Meeting was adjourned at 4:36 P.M. Minutes submitted by: Lura Sue Koser -7- Council Special Meeting & Workshop Minutes February 14, 1985 o o Signature page for minutes of City Council Special Meeting and Workshop held February 14, 1985. fi.L-o ~ MA OR fo ~ ~ ~6 , ATTEST: ~4~ -U~~~~ ~ /ftOUNCILMAN - ZONE FOUR {/ - L/ ~~ CITY CLERK - Approved this~ay of ~~R- , 198~. ~~ fj~ MAYOR -8- Council Special Meeting & Workshop Minutes February 14, 1985