TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - SPECIAL MEETING
****************************************************************************************************
WEDNESDAY
August 27, 2003
6:00 p.m.
COMMUNITY CENTER
***********************************************************************************************************************
A special meeting of the Town Commission of the Town of Melbourne Beach, Florida was called to order by
Mayor Crispen at 6:05 p.m. on Wednesday, August 27, 2003 in the Community Center. Crispen also led the
Pledge of Allegiance.
Present:
|
Mayor Crispen
Vice Mayor Smith
Commissioner Price
Commissioner Walters
Commissioner Wilson
|
Others Present:
|
Town Attorney Gougelman
Town Manager Hoskovec
Six (6) members of the public
Town Clerk Masny
|
I. QUALIFICATION OF CANDIDATES FOR THE TWO (2) COMMISSIONER-AT-LARGE SEATS IN THE
NOVEMBER 4, 2003 GENERAL MUNICIPAL ELECTION AND AUTHORIZE CANDIDATE’S NAMES TO BE
PLACED ON THE BALLOT.
Town Clerk Masny reported that candidate qualifying was held from August 15, 2003 through August 26, 2003 and
four (4) residents completed the necessary paperwork to qualify as a candidate. Town Clerk Masny stated that the
residents who qualified are Paul S. Guglietta, Martha M. Remark, Tricia Riemer and Steve Walters. Town Clerk
Masny reviewed the paperwork required to be filed by each person to qualify as a candidate.
Town Clerk Masny stated that per Article II., Section 2.02, “The Commission shall be the judge of the qualification
of the candidates for election to the Commission.” Mayor Crispen asked Town Clerk Masny if it is her recommendation
that all have qualified and that the Town Commission certify all four (4) candidates. Town Clerk Masny responded
that this is correct and the Town Commission will need to request the names be placed on the ballot.
Mayor Crispen opened the meeting to public comment regarding this agenda item. There were no public comments.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WILSON THAT THE FOUR (4) CANDIDATES WHO
QUALIFIED FOR THE NOVEMBER ELECTION BE CERTIFIED BY THE TOWN COMMISSION.
VOTE: ALL AYES. MOTION CARRIED.
II. UPDATE REPORT BY TOWN MANAGER REFERENCE POLICE CHIEF HIRING PROCESS; DISCUSSION AND
POSSIBLE ACTION. (COMMISSIONERS WALTERS AND WILSON)
Commissioner Walters stated that he is concerned that the advertisement for Police Chief was changed from a
standard advertisement to an advertisement to only requires 15 years’ experience in the field as there was a policy
set by the Town Commission regarding the hiring process. Commissioner Walters stated that he is concerned that
the Town is getting off track and concerned about paying $1,000 to have the five (5) finalists take a polygraph and
psychological test. Commissioner Walters stated that he wants this process to run smoothly and to be done
possibly by October 1st and he does not feel it is going in that direction. Commissioner Walters stated that we
also said that the Civil Service Board should not have been involved by Charter and they provided a list of qualified
applicants. Commissioner Walters asked that the Town Manager advise the Town Commission on the process
he intends to follow.
Commissioner Wilson stated that he agrees with Commissioner Walters as this process was starting to go astray
from the beginning, starting with the Civil Service Board involvement. Commissioner Wilson stated that his latest
memo requested a step-by-step progression or an outline from the Town Manager on what he is planning to do
so that Town Commission can follow the process.
Town Manager Hoskovec stated that on July 29, 2003 at the Town Commission meeting, he enumerated the steps
he was going to go through for the process and at that point he did include the Civil Service Board and the Charter
does not say they cannot be involved and his intent was just to make certain that all 29 candidates met the
minimum standards in the posting of the position.
Commissioner Wilson asked Town Attorney Gougelman if there are any possible ramifications of the Civil Service
Board rejecting any applicants. Town Attorney Gougelman responded that as far as a reasonable or rational
objection the Civil Service Board does not have the power to reject applicants, it is up to the Town Manager to
decide if someone should be on a short list or not. Town Attorney Gougelman stated that the Town Manager
has authority to set up teams to consult with as he wishes in the process, but the deliberations have to be
open to the public and under the sunshine law.
Town Manager Hoskovec stated that the next item will be to establish the group who is to help him come up with the
final five (5) candidates, these will be Chief Rumbley from Palm Bay, the Regional Director of FDLE, and Acting
Chief Bollinger of Titusville and the date will probably be the second week in September. Town Manager Hoskovec
stated that he would like to issue a management exam to the five (5) finalists, it is a one hour examination, done
just prior to him interviewing them the same day.
Town Manager Hoskovec stated that when he comes up with his final candidate, he will have him take the polygraph
and psychological and contact West Melbourne for a comprehensive background check, with a packet utilized from
Brevard Community College and then he will announce the finalist.
Commissioner Price asked Town Manager Hoskovec that during the interview he will be advising the five (5) finalists
that each one will have to take a polygraph? Town Manager Hoskovec stated that he will be advising them that the
finalist will take the polygraph, unless he hears differently from the labor law attorney. Commissioner Price stated
that the plan is, unless the attorney advises otherwise, only to administer the polygraph and psychological on the
final selection. Town Manager Hoskovec states yes, per your recommendation last week.
Mayor Crispen stated that he asked Town Manager Hoskovec at the last regular meeting if he had informed all the
candidates they will have to take a polygraph and psychological and I thought he said he is telling them that already.
Town Manager Hoskovec stated that we were going to be in the process, but after having this discussion, he thought
it would be better not to do it until he is down to the five (5) finalists and when we have the five (5) finalists, and,
during the very first part of the discussion with them, he will advise them that the final individual will have to take
and pass a polygraph and psychological exam. Mayor Crispen asked why not tell them up front, why wait?
Town Manager Hoskovec stated that he is waiting to hear from labor law attorney.
Commissioner Walters stated why are we paying $175 per hour to get the labor law attorney to advise this?
Commissioner Walters stated that we agreed to use the Brevard Community College testing or any other testing
center in state, there are seven (7) of them and stated that this is why he is concerned about getting off the process.
Town Manager Hoskovec responded that after the meeting last week, the Town Attorney recommended he talk to
the labor law attorney about the polygraph, and that he has to take his advise. Town Manager Hoskovec stated
that he hoped to have the selection process done by the end of September.
Mayor Crispen opened the meeting for comments from the public.
Officer Matt Smith of the Melbourne Beach Police Department stated that he has been through two (2) polygraphs to
be employed by the Town and agrees with Commissioner Walters that it is a good thing because the Chief will be
part of the process working with the officers. Officer Smith stated that he believes if is a good thing having FDLE
involved, and, if the candidate makes it through all this, we will have a good chief.
Paul Guglietta, 318 Fourth agreed with Officer Smith that the polygraph is a good idea and it could be used as a
resource and the process should bring in a good Police Chief.
III. ADJOURNMENT
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WILSON TO ADJOURN.
VOTE: ALL AYES. MOTION CARRIED.
The special meeting of the Town Commissioner of the Town of Melbourne Beach, Florida adjourned at 6:35 p.m.
____________________________________
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.
|