FRIDAY MAY 4, 2001 5:30 P.M. COMMUNITY CENTER
*********************************************************************************************************************** CALL TO ORDER: MAYOR WILLE PLEDGE OF ALLEGIANCE: MAYOR WILLE I. DISCUSSION AND POSSIBLE ACTION REGARDING LEGAL SERVICES PROVIDED TO THE TOWN OF MELBOURNE BEACH. II. DISCUSSION AND POSSIBLE ACTION REGARDING THE TERMS OF THE TOWN MANAGER'S CONTRACT, PARTICULARLY IN RELATION TO THE STATUS OF THE EVALUATION PROCESS AND TIME FRAME AGREED UPON BY THE COMMISSIONERS PRESENT AT THE MEETING OF FEBRUARY 9, 2001. III. DISCUSSION AND CLARIFICATION OF SUNSHINE LAW. IV. SETTING A SPECIAL MEETING DATE FOR DISCUSSION/ACTION REGARDING EMPLOYEE COMPLAINTS. V. ADJOURNMENT PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, THE TOWN HEREBY ADVISES THE PUBLIC THAT: If a person decides to appeal any decision made by the Town Commission with respect to any matter considered at its meeting, he will need a record of the proceedings and that for such purpose, affected persons may need to insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the Town for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. |
MINUTES TOWN COMMISSION - SPECIAL MEETING MAY 4, 2001 A special meeting of the Town Commission of the Town of Melbourne Beach, Florida was called to order by Mayor Wille at 5:30 p.m. on Friday, May 4, 2001 in the Community Center. Mayor Wille also led the Pledge of Allegiance to the Flag. Present: Mayor Wille Vice Mayor Remark Commissioner Smith Commissioner Stacey Commissioner Stark Others Present: Town Manager Ciummo Police Chief Walters Sergeant Bailey Officer Dodson Town Clerk Masny Commissioner Stark read a statement into the record, along with a copy of an E-mail she had sent to the Town Clerk. (copies attached) I. DISCUSSION AND POSSIBLE ACTION REGARDING LEGAL SERVICES PROVIDED TO THE TOWN OF MELBOURNE BEACH. Mayor Wille stated that the Town does not have an attorney present at this meeting and he feels uncomfortable discussing this agenda item. Mayor Wille stated that the Town has no action to take regarding Town Attorney Gougelman's possible resignation because he has not made his formal decision. Commissioner Smith stated that the Town Attorne'?s contract states that he will give the Town 30 days written notice prior to any resignation and Town Attorney Gougelman has advised that he will make his decision after this weekend. Mayor Wille stated that if the Town Attorney does resign, the Town Commission will call a special meeting to move forward with any further discussion. Commissioner Stark advised that she had also placed this item on the agenda because Town Manager Ciummo had advised her that there were some concerns about the Labor Law Attorney also. II. DISCUSSION AND POSSIBLE ACTION REGARDING THE TERMS OF THE TOWN MANAGER'S CONTRACT, PARTICULARLY IN RELATION TO THE STATUS OF THE EVALUATION PROCESS AND TIME FRAME AGREED UPON BY THE COMMISSIONERS PRESENT AT THE MEETING OF FEBRUARY 9, 2001. Commissioner Stark stated that the evaluation forms were distributed to each Commissioner by the Town Clerk and no one has met with the Town Manager yet. Commissioner Stark stated that Commissioner Stacey made a motion at the February 9, 2001 special meeting that one (1) evaluation be done now, meaning immediately and one (1) four (4) months before the end of her contract. After a discussion, Mayor Wille advised that each Commissioner is tasked to do an evaluation and encouraged that this be done. Commissioner Stacey advised that he has completed his evaluation, but has not reviewed it with the Town Manager as of yet. III. DISCUSSION AND CLARIFICATION OF SUNSHINE LAW. Commissioner Stark referred to a memorandum received from Town Attorney Gougelman regarding written correspondence between board members and asked if a particular paragraph in the Sunshine Manual is relevant to the evaluation process and if the Town is doing the evaluations correctly? Mayor Wille advised that Commissioner Stark contact the Town Attorney for advice on anything specific to the law. IV. SETTING A SPECIAL MEETING DATE FOR DISCUSSION/ACTION REGARDING EMPLOYEE COMPLAINTS. Commissioner Smith stated that according to a memorandum the Town Manager wrote and attached to this agenda packet suggesting that Attorney Fawsett said that the Town Commission discussed employee complaints we could be opening the Town up for a lawsuit. Commissioner Smith stated that she talked with Attorney Fawsett regarding this agenda item and advised that she wanted to discuss behavior and performance and give the Manager an opportunity to respond. Commissioner Smith advised that she had also read the Town Manager's memorandum to Attorney Fawsett and he advised that she has every right to discuss this and holding a special meeting with the Police Chief and Town Manager present to discuss complaints would be a good way to clear up the situation. Commissioner Smith stated that Attorney Fawsett also advised her that the Town would not be required to pay for the Town Manager's Attorney as indicated in her memo and that he would be willing to attend this meeting. Commissioner Smith stated that she had previously asked the Town Manager how she can correct this situation and she did not respond to the question. Commissioner Smith stated that she believes it is time to do something about this situation. Commissioner Remark asked if the Town Commission discusses a grievance in public, will the Town be set up for a lawsuit? Commissioner Smith stated that this would not be a grievance and that she would like to discuss behavior and job performance and why issues are not resolved for employees. Mayor Wille stated that he is uncomfortable with the Town Commission to getting involved in personnel issues with the Town Manager because she is the executive officer of the Town. Mayor Wille stated that he believes this would countermand the way she is trying to run the Town. Mayor Wille stated that the Town Commission can give her suggestions during the evaluation process regarding how she deals with these issues. Commissioner Stark stated that she will agree that it is not the Town Commission's job to evaluate the problems and come to a solution for the specific problems, but, we need to be aware of the issues that are being addressed in memos and look at if the problem is in the Manager?s style or manner of carrying out her duties. Commissioner Stark stated that she believes the Town is at the point where hiring an independent mediator would be a good idea. Town Manager Ciummo stated that the Charter says that the Town Commission should not interfere with the administration of the Town and asked the Town Commission if they think that they are part of the problem? That you have interjected yourselves into the administration of the Town? That you have created a situation that is making it more difficult for me to handle? Town Manager Ciummo asked the Town Commission to define the problem. Town Manager Ciummo asked Commissioner Stark what she perceives the problem to be? Commissioner Stark stated that she perceives the problem to be what was identified in the team building workshop as people in the Town Hall feel like they are walking on egg shells, this is a very clear indication to the Town Commission that something is wrong. After a discussion, Mayor Wille stated that Commissioner Stark is right, the Town Commission needs to do the evaluations of the Town Manager and see what happens as a result. Mayor Wille stated that he is uncomfortable about holding a special meeting to get involved in employee complaints. COMMISSIONER STARK MOVED, SECOND VICE MAYOR REMARK THAT THE TOWN LOOK INTO WHAT SERVICES A MEDIATOR CAN PROVIDE AND GET A DESCRIPTION FROM MARILYN CROTTY AND LOOK AT THE DESCRIPTION OF THE SERVICES AND MAKE A DECISION AFTER THAT SO THAT WE KNOW IF THIS IS AN AVENUE THAT WILL HELP TO RESOLVE THIS CONFLICT. VOTE: ALL AYES. MOTION CARRIED. Chief Walters stated that we are not talking about Steve and Nancy, we are talking about the Police Chief, Town Manager, Sergeant Bailey, Sergeant Haran and others. Chief Walters stated that we are talking about conduct, are you saying that the Town Manager does not have to abide by the rules and regulations that every employee in this Town must abide by? Chief Walters stated that this is what you are saying when you say the Charter does not say that you can interrupt what she is trying to do as Manager, but, it is your responsibility as Commissioners, my understanding is that she is your employee. Chief Walters asked who do the employees go to if that conduct is not proper? Chief Walters asked Commissioner Smith to confirm that she asked the Town Manager personally what it is that he's done wrong, and, to this day he have never ever been told what he's done wrong, yet, she is trying to fire me through two (2) attorneys. Town Manager Ciummo stated that she is not trying to fire Chief Walters, that's not true. Chief Walters stated that as a 22-year employee here, don't I deserve an answer? Don't I deserve to know what specifically it is that I'm doing wrong? Chief Walters stated that the Town Manager is in charge of the employees, all of us know that and the Town Commission is not supposed to interfere with her management, but, who do the employees go to because it is your responsibility as Commissioners to ensure that she is doing an adequate job and she is obeying your rules and regulations and that she is treating the employees respectfully. Chief Walters stated that there are other employees involved now, there is constant harassment of the Police Department, Sergeant Bailey being threatened and being said that he is a liar, and I've seen employees walk out of the building crying, it goes on and on. Chief Walters asked if this Commission is saying that they are not going to hold their manager responsible for her actions? Chief Walters stated that month after month this continues to go on and nothing happens, it is frustrating, not just to Chief Walters but to Mary, Vince Powers, Sergeant Bailey, Sergeant Haran and other officers in the department. Town Manager Ciummo stated that she does not know how Chief Walters is talking about termination, and she doesn't understand why her inquiries to him, her looking at issues, her finding discrepancies in policies, her finding things that have been done, but do not necessarily have a basis for it that no one can tell her about. Town Manager Ciummo stated that these are management types of items. Town Manager Ciummo stated that there have been issues related to the payroll that have been misrepresented, issues related to my behavior that has been misrepresented. Town Manager Ciummo stated that she does not deal with the police officers on a daily basis, the Chief does and if the morale is affected, you have to go back to the Chief. Commissioner Smith stated that it was not her intent to have the Manager point fingers, it was to give her the opportunity to respond. Commissioner Smith stated that she has worked with every Manager this Town has had and has never seen this before and would like it stopped. Commissioner Stacey stated that his dealings with the Town Manager and Police Chief are great, but, the problems between the Manager and Chief need to be resolved. V. ADJOURNMENT COMMISSIONER SMITH MOVED, SECOND COMMISSIONER STACEY TO ADJOURN. VOTE: ALL AYES. MOTION CARRIED. The regular meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 6:40 p.m. ________________________________________ ROBERT D. WILLE, MAYOR ________________________________________ CYNTHIA E. MASNY, CMC TOWN CLERK NOTE: A mechanical recording has been made of the foregoing procedures of which these minutes are a part and is on file in the office of the Town Clerk. |