TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - SPECIAL MEETING

WEDNESDAY
August 13, 2003
6:00 p.m.
COMMUNITY CENTER

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A special meeting of the Town Commission of the Town of Melbourne Beach, Florida was called to order by 
Mayor Crispen at 6:00 p.m. on Wednesday, August 13, 2003 in the Community Center.  Mayor Crispen also led 
the Pledge of Allegiance to the Flag.

Present:  

Mayor Crispen
Vice Mayor  Smith
Commissioner Price
Commissioner Walters
Commissioner Wilson

Others Present:  

Town Manager Hoskovec
Police Chief Loizzo
One (1) resident
Town Clerk Masny

I.      DISCUSSION AND POSSIBLE ACTION REGARDING POTENTIAL LITIGATION.
        Town Manager Hoskovec stated that the Town received notice from a former employee, Mary Prewitt that she 
        has filed a complaint with the Florida Commission on Human Relations and advised that the Town’s response to 
        the notice is time sensitive.  Town Manager Hoskovec stated that the Town normally advises our  insurance carrier 
        and the Town Attorney follows these complaints.  Town Manager Hoskovec stated that the Town Attorney has 
        recommended that the Town’s Labor Law Attorney follow this complaint and he needs authorization to engage 
        the Labor Law Attorney to also follow the complaint for the Town.

        Mayor Crispen opened the meeting for public comments regarding the agenda item.  There were no public comments.

        Commissioner Wilson commented that the Town Manager said the word, “also” regarding the Town Attorney and 
        asked if Paul Gougelman will be following the complaint?  Town Manager Hoskovec stated that Andy Hament will 
        be following this complaint since it is a labor issue and that the Town Attorney Gougelman will be copied on 
        correspondence, but not involved unless directed by the Town Commission.

        Vice Mayor Smith stated that in the past, when litigation has been turned over to the Florida League of Cities, 
        the Town Attorney has been kept apprised of the events and the Town Commission has discussed any settlements 
        with the Town Attorney.
 
        Town Manager Hoskovec stated that his recommendation is that the Town Commission have the Labor Law 
        Attorney, Andy Hament  involved as recommended by the Town Attorney.  

        Commissioner Walters asked what the Florida Commission on Human Relations is doing with this complaint?  
        Town Manager Hoskovec stated that they are going to investigate the complaint as stated in the notice; and, 
        the first step in this for them is mediation and the Town Attorney does not believe this to be proper forum for this 
        case and the Labor Law Attorney feels the same.  Commissioner Walters stated that we will let them know that 
        there is nothing to mediate and this is what the Labor Law Attorney is going to say.  Town Manager Hoskovec 
        advised this to be correct.  Commissioner Walters stated that he is under the impression that Ms. Prewitt has 
        not filed a notice of intent to sue.  Town Manager Hoskovec responded that she has not filed a notice of intent 
        to sue; but, has filed a complaint of discrimination. Commissioner Walters asked for clarification on how much 
        this may cost and to what extent the Labor Law Attorney will be involved at this point.  Town Manager Hoskovec 
        stated that there was an affidavit and inquires sent with this complaint and the Labor Law Attorney will answer 
        the inquires.  

        Commissioner Price stated that the Florida Commission on Human Relations is creating a file and once you file 
        an EEO, you are prohibited from going to the step of a lawsuit until you finish this process and it is wise for the 
        Town to have legal review.

        Mayor Crispen asked that Attorney Hament brief the Town Commission as this progresses.

COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WALTERS TO GIVE AUTHORIZATION TO FOLLOW 
THE RECOMMENDATION OF THE  TOWN ATTORNEY AND TOWN MANAGER TO ENGAGE THE LABOR LAW 
ATTORNEY TO REPRESENT THE TOWN OF MELBOURNE BEACH IN MONITORING PREWITT VS. THE TOWN 
OF MELBOURNE BEACH FOR EEO FILING.  
VOTE: ALL AYES.  MOTION CARRIED.

II.     ADJOURNMENT 
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER WILSON TO ADJOURN.  
VOTE: ALL AYES.  MOTION CARRIED. 

____________________________________
MARK J. CRISPEN, 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.

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.