TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - SPECIAL MEETING
TUESDAY
AUGUST 7, 2001
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 Wille at 6:00 p.m. on Tuesday, August 7, 2001 in the Community Center.
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Present: Mayor Wille
Vice Mayor Remark
Commissioner Smith
Commissioner Stacey
Commissioner Stark
Others Present: Town Manager Ciummo
Police Chief Walters
Labor Attorney Hament
Town Clerk Masny
Seven members of the Public
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I. FACILITATED MEETING TO RESOLVE ISSUES BETWEEN TOWN HALL AND POLICE
DEPARTMENT
Mr. Chris Pedersen, of the Central florida conflict Resolution Consortium met with the Town Commission,
Police Chief Walters and Town Manager Ciummo to report on mediation meetings be held with Police Chief
Walters and Town Manager Ciummo in order to discuss issues and find ways to resolve differences between
the two (2) department heads (copy of summary report attached).
II. DISCUSSION AND POSSIBLE ACTION WITH REGARD TO PERSONNEL ISSUES INVOLVING
THE POLICE CHIEF AND TOWN MANAGER DISCUSSED IN THE COURSE OF THE
FACILITATED MEETING SESSION. (COMMISSIONER STARK)
Commissioner Stark stated that we are here because of mediation the Town Commission engaged in for the
Police Chief and Town Manager and asked the Police Chief and Town Manager if they are feeling more
comfortable with their ability to work together from this day forward or if there are still some issues unsettled
and if so, what they are? Police Chief Walters stated that he was more comfortable after meeting with Mr.
Pedersen and the Manager, until Mr. Whitt walked into a meeting to discuss benefits with the police officers.
Chief Walters stated that there is no resolution when this type of conduct is shown by the Town Manager.
Town Manager Ciummo stated that she took action which she felt needed to be taken regarding the meeting
meeting with the police officers and Mr. Whitt, her former professional associate. Commissioner Stark asked
Town Manager Ciummo what her feelings were regarding the mediation? Town Manager Ciummo stated that
she felt the mediation was great, it put issues into perspective and that she has learned from it and asked
what the Police chief got from the mediation? Chief Walters stated that he does not trust the Town Manager.
Mayor Wille stated that the mediation was on track, but has been derailed by a recent action of the Town
Manager, which the Police Chief is saying is the final straw. Mayor Wille stated that nothing will be solved
unless the Police Chief and Town Manager are willing to move forward from here on and get the past behind.
Mayor Wille pointed out that the Town Commission has made a good-faith effort to try to mediate and try to
find common ground.
Vice Mayor Remark asked Police Chief Walters if there is any way ne can trust and work with the Town
Manager? Chief Walters advised that he does not trust the Manager and she has not resolved personnel
issues as previously requested. Chief Walters stated that he is willing to resign if the Town will pay him
until the end of the year under his former conditional offer to resign.
The Town Commission discussed that they believe that the two major players in conducting Town
business are unable to work together to meet the Town's objective, which is to move the Town business
forward in a peaceful, productive manner.
III. DISCUSSION AND POSSIBLE ACTION REGARDING THE TOWN MANAGER'S CONTRACT
AND/OR THE CHIEF OF POLICE'S CONDITIONAL OFFER TO RESIGN. (COMMISSIONER
SMITH)
COMMISSIONER SMITH MOVED, SECOND COMMISSIONER STARK TO TERMINATE THE TOWN
MANAGER'S CONTRACT AGREEMENT AT THE CONVENIENCE OF THE TOWN, WITHOUT CAUSE.
VOTE: COMMISSIONER SMITH, AYE. COMMISSIONER STARK, AYE. COMMISSIONER STACEY, AYE.
VICE MAYOR REMARK, AYE. MAYOR WILLE, NAY. MOTION CARRIED.
Vice Mayor Remark asked what the Town Manager's agreement says regarding termination? Labor Attorney
Hament stated that the contract requires at the time of termination by the Town, a 90-day severance pay
amount, reduced by the remaining unearned portion of the earlier made severance of $13,479
COMMISSIONER STARK MOVED, SECOND COMMISSIONER SMITH THAT NANCY CIUMMO STAY ON AS
INTERIM TOWN MANAGER, RECEIVING HER REGULAR RATE OF SALARY, UNTIL TOWN CLERK MASNY
RETURNS FROM VACATION AND TAKES THE POSITION OF INTERIM TOWN MANAGER WITH A CONDITION
THAT NANCY CIUMMO TAKES NO DISCIPLINARY ACTION OR THAT NO POLICY CHANGES ARE FORTHCOMING,
THAT SHE CONDUCT THE TOWN BUSINESS ONLY AND THAT A WRITTEN NOTICE OF TERMINATION BE
PROVIDED BY THE MAYOR STATING NANCY CIUMMO'S LAST DATE OF EMPLOYMENT TO BE AUGUST
20, 2001.
VOTE: ALL AYES. MOTION CARRIED.
COMMISSIONER SMITH MOVED, SECOND COMMISSIONER STACEY TO GIVE THE TOWN CLERK A SALARY
INCREASE TO $50,000 AND THAT SHE CARRY THE DUTIES OF INTERIM TOWN MANAGER BEGINNING
AUGUST 20, 2001, UNTIL THE POSITION IS FILLED.
VOTE: ALL AYES. MOTION CARRIED.
Mayor Wille stated that Cindy Masny will need to resign as Town Clerk to fill the position of Interim Town
Manger and the Town Commission will need to appoint an Interim Town Clerk. The Town Commission
requested that the Town Clerk check with Jane Wiley, Administrative Assistant/Secretary to see if she
is willing to take on the position of Interim Town Clerk
Vice Mayor Remark stated that is the Town is to move forward, both the Town Manager and Police Chief
should be allowed to leave. Chief Walters stated that vice Mayor Remark feels that he should go as well,
and that he is willing to do so if the Town pays him from now. through the end of the year and pays his
benefits as if he did not leave. Chief Walters stated that he will be gone tomorrow if the Town likes.
Commissioner Stark stated that she is concerned that the Town Attorney has recommended that the
Town Commission not accept the Police Chief's resignation without a release. Mayor Wille stated that
release was regarding filing lawsuits and Chief Walters has already refused to sign a release. Chief
Walters stated that he has another option he will discuss with Attorney Hament regarding what needs
to be done if you want me to release the Town of liability.
Labor Attorney Hament stated that the release is still an issue, the Town Manager has been terminated for
convenience and Chief Walters is making a voluntary decision to leave. Labor Attorney Hament stated that
he would like to see a release of all claims.
VICE MAYOR REMARK MOVED, SECOND COMMISSIONER STACEY TO ACCEPT CHIEF WALTER'S
CONDITIONAL OFFER TO RESIGN.
VOTE: VICE MAYOR REMARK, AYE. COMMISSIONER STACEY, AYE. MAYOR WILLE, AYE.
COMMISSIONER SMITH, NAY. COMMISSIONER STARK, NAY. MOTION CARRIED
Mayor Wille stated that the Police Department has rules and regulation as to who will serve as the
Interim Police Chief. Mayor Wille asked Interim Town Manager Ciummo to investigate the process of selecting
a new Police Chief.
IV. ADJOURNMENT
COMMISSIONER STACEY MOVED, SECOND VICE MAYOR REMARK TO ADJOURN.
VOTE: ALL AYES. MOTION CARRIED.
The special meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned
at 11:30 p.m.
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ROBERT D. WILLE, MAYOR
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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.
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