TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - SPECIAL MEETING
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TUESDAY
July 29, 2003
7:00 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 7:02 p.m. on Tuesday, July 29, 2003 in the Community Center. Mayor Crispen also led
the Pledge of Allegiance to the Flag.
Present:
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Mayor Crispen
Vice Mayor Smith
Commissioner Price
Commissioner Walters
Commissioner Wilson
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Others Present:
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Town Manager Hoskovec
Police Chief Loizzo
Acting Town Clerk Wiley
Other staff members
Approximately 20
residents & visitors
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In Mayor Crispen’s opening remarks he explained that a special meeting in Melbourne Beach was one where
official action could be taken but only as it pertains to items specifically mentioned on the agenda and there would
not be general citizens’ comments as in the regular meetings. He said that there would be time for citizens’ comments
on the specific agenda items. He continued to state that a special meeting was a specific meeting. Mayor Crispen
noted that he had been advised by the Town Attorney Paul Gougelman that agenda item III, General Discussion was
not appropriate for a special meeting. Mayor Crispen then asked that if it would be all right with the public and the
Commission, he would restrict the meeting to agenda items I, II, and IV. There were no comments.
I. DISCUSSION AND POSSIBLE ACTION REGARDING MELBOURNE BEACH POLICIES AND PROCEDURES.
Commissioner Walters explained that the Commission had been reviewing the Town’s Policies and Procedures
since December 2001 and changed them where needed. Chapter 5 was reviewed at a workshop/special meeting
in June where they came up with a policy that the Commission thought was fair. Commissioner Walters explained
that since Vice Mayor Smith inquired at the last meeting as to why the Chapter 5 of the Policy Manual had not
been on the agenda, he thought that instead of having a workshop, the Commission would be more efficient and
effective if they would discuss it and approve the policy since it was presented to them in written form by the Town
Clerk. Commission Walters then mentioned that he had a couple of minor suggestions for changes.
Then Commissioner Walters mentioned that other Commissioners had some questions about the comp time
policy and he thought the Commission could discuss those also.
Mayor Crispen asked Vice Mayor Smith if she had anything to add. Vice Mayor Smith said no and explained
that she agreed to call the special meeting with Commissioner Walters because it takes two Commissioners
and she had asked that the hiring policy be looked at and she thought that this would be an appropriate time
to do it.
Mayor Crispen asked Town Manager Hoskovec to remind the Commission where they were in the adoption of
that policy which he believed was at a workshop and not a special meeting. Town Manager Hoskovec confirmed
that it was a workshop and several items were under discussion and he said that they had been discussing
specifically the police chief’s position. The Town Manager observed that Commissioner Walters had requested
that a polygraph and a psychological exam be incorporated in the requirement and there was some discussion
about it but was not sure if they had come to a final conclusion on it. He also mentioned that there was
discussion as to who would administer the polygraph.
Mayor Crispen recollected that the Commission had discussed all of Chapter Five and he proceeded to read all
the section headings in the Chapter and pointed out to the public that all of these sections were discussed and
not just the police chief’s position. Town Manager Hoskovec also said that the Commission had directed staff to
speak with the Town’s labor attorney regarding the Town’s I-9 form, application form, Veteran’s Preference
Statement, etc. The Town Manager pointed out that included in the Commissioners’ packets was the labor
attorney’s response to that inquiry. Attorney Hament had included several different acceptable application
forms that currently conform to the present federal and state standards for fair labor employment.
Mayor Crispen asked if the other Commissioners had any questions of the Town Manager. Commissioner Price
asked if the Town Manager was recommending a particular application form or what was the plan. Town Manager
Hoskovec originally thought that the Commission was going to workshop this again so that there would be feedback
from the Commission as to their preference as there are several forms presented. The Town Manager recommended
that if there was not a workshop for this topic then he would recommend that staff review them, combine them and
then present it to Attorney Hament for his recommendation prior to the final action on it. Town Manager Hoskovec
explained that Attorney Hament had been out-of-town for a week and once he was reminded, he sent the samples
per his letter dated July 21, 2003. Mayor Crispen asked if the Town Manager was making a recommendation and
the Town Manager said that he was not at this time. Vice Mayor Smith inquired about the I-9 form.
Mayor Crispen clarified with Commissioner Walters that he had brought this item to the Commission’s attention
so that it could be ratified or hopefully approve it. Commissioner Walters said that one of his purposes for calling
a special meeting was to get something done. Commissioner Walters explained that the Commission will have
met 30 to 40 times by the time the year would be over but at a workshop, the Commission can not vote.
Commission Walters felt that the Commission could get this done and go onto the next one and perhaps
at least start it before they became involved in the budget.
Mayor Crispen asked if anyone in the public would like to speak to item I.
Marty Remark, 707 Atlantic Street commented that the procedures of the Town are always important and did
need updating. She asked if the labor attorney had reviewed this Chapter and if what they were ratifying was
legally correct. She realized that policy and procedures were always being worked on by Commissions but it
was not something to hurry through just because budget time was coming. She felt that it was something
that they should make sure that all the Federal and State labor rules were followed correctly.
Paul Guglietta, 318 Fourth Avenue felt that the policy and procedures manual especially in the hiring needed
to be taken care of because right now we were going to be looking for a new police chief. We have to hire
under the old policy that hadn’t been changed. He thought that it would behoove the Commission to get the
new application and the new policy and procedures that were read by the Mayor and get it taken care. He
stated that they were hiring an important position and it was not fair to the community to follow the standards
that are not quite up-to-date and not quite right for the current situation.
Mayor Crispen asked Mr. Guglietta what specifically of the new procedures were critical to help the Town through
the process. Mr. Guglietta stated first that the application to be filled out to be sure that it conforms to all the
state and federal guidelines, EOC etc. His second point was that the I-9 be followed. He also mentioned that
the background check including a polygraph and a psychological test should be done. He then mentioned
using the Civil Service Board and outside sources to recommend the candidates. The policy and procedures
would give general guidelines to the Town Manager so that he would know what or what not to do. Mr. Guglietta
said that it needed to be done as quickly as possible and with a little fine tuning and it would be fair to everybody.
Chief Loizzo came forward and wanted to go on record and asked that the Commission reconsider the polygraph
and psychological testing for chiefs. He said that initially when this came up he had not been consulted or asked
for input but after the workshop he had spoken with the Town Manager. Chief Loizzo did a poll and did some
research and contacted the Florida Police Chiefs Association, the Dade County Chiefs Association and the
Palm Beach County Association of Chiefs of Police, Inc. and polled every agency in Brevard County. He stated
that none of these associations or agencies mandated polygraph or psychological testing for police chiefs and
explained that the polygraph and psychological testing were entry level tools when hiring recruits and police personnel.
He commented that it was almost an insult to management personnel. He commented that when a person with 10,
15 or 20 years of experience as a police officer and if that person was being looked at for a position, then an in
depth background check, credit reports, job references would weed out a bad candidate. Chief Loizzo reiterated
that polygraph and psychological tests are not the norm in the field although not to say that it may be done
somewhere but not anywhere he researched. He felt that they may be being led astray and this may be on the
overkill side. He felt that it was important to have the right application and that was time for background checks.
He mentioned that the closing of taking applications was the middle of August.
Mayor Crispen asked the Town Manager what was the exact date of the closing for taking applications and the
Town Manager replied that it was August 15th.
Mayor Crispen asked Chief Loizzo if he had any back up for the poll he referred to that the Commissioners could
look at. Chief Loizzo distributed a packet of papers to the Commissioners and Town Manager. Mayor Crispen
commented that Chief Loizzo mentioned a rather critical point about the fact that a polygraph was an early entry
tool but not a tool to hire chiefs. Mayor Crispen then requested that Chief Loizzo lead them through the information
given to them and he did. Mayor Crispen asked Chief Loizzo if he had contacted any other police departments
where they did use the polygraph. Chief Loizzo responded that there were no departments that were contacted
that used a polygraph on a police chief. Mayor Crispen noted that of the eight departments contacted, 100 per
cent of those polled did not use the polygraph in their assessing potential police chiefs. Mayor Crispen asked
if any of the agencies Chief Loizzo contacted in Brevard County had a polygraph requirement for police chiefs.
Chief Loizzo said no. Chief Loizzo then referred to other communications included in that packet.
Mayor Crispen read from paragraph three of a letter written by the President of the Palm Beach County Association
of Chiefs of Police as follows: "However, the use of a polygraph and the submission to a psychological examination
for those candidates being selected for Chief of Police is uncommon. I am not personally aware of a police or sheriff's
department seeking a new chief requiring a polygraph or psychological exam." Chief Loizzo then referred to a letter
from the Executive Director of the Florida Police Chiefs Association.
Mayor Crispen stated Commissioner Walters, who as the former Police Chief of the Town, had a lot of experience
in this area and who was the driving force behind the changes that were proposed with regard to these hiring
practices, and that because Commissioner Walters was very adamant that this was a very, very important thing
to include; therefore, it was appropriate that Commissioner Walters had an opportunity to explain why he felt that way.
Commissioner Walters said that he proposed it because the Florida Department of Law Enforcement recommended
it for all police officers and did not exclude a police chief. Commissioner Walters wasn't surprised a police chiefs
association wouldn't want their police chiefs to take polygraphs as it would be an additional requirement.
Commissioner Walters then said that they had all agreed on the policy and it wasn't coming out of the clear
blue sky. He referred to the thirteen years he was the police chief and before that, when FDLE started
recommending polygraph and psychological exams, all police offices took them. Commissioner Walters then
referred to the FDLE Employment Background Investigative Report form and read the following: "Applicant
admits to having previously committed an act which constitutes a felony or misdemeanor even if previously
not detected, not arrested or not prosecuted including, but not limited, to theft, possession of illegal drugs,
fraud, etc." Commissioner Walters asked if they wanted to know if all of their police officers had committed
a felony before they were hired. He felt that the residents of this community did. Commissioner Walters
then addressed the psychological exam and once again said that it was recommended and there was no
exemption for a police chief.
Mayor Crispen asked Commissioner Walters for clarification purposes if FDLE specifically recommended for the
hiring of police chiefs to have a polygraph. Commissioner Walters said that they did not exclude or include
police chiefs but said all police officers.
Commissioner Walters then went to the psychological exam to determine that a person was fit to be a police
officer. He felt that we would want to know about that from all of the police officers when they are hired and why
would the police chief be excluded. He asked if they wouldn't want to know if their police chief committed a
felony and hadn't been detected because he had not had a polygraph in twenty years.
Mayor Crispen asked Commissioner Walters what a polygraph had to do with finding out if a police chief had
committed a felony. Commissioner Walters said that was how you would find out if it had not been previously
detected. Mayor Crispen commented that if a police chief had committed a felony it would be a public record.
Mayor Crispen addressed Chief Loizzo to explain if an applicant for the chief of police was convicted of a felony,
would there be other ways to find it out besides the use of a polygraph.
Chief Loizzo said that every police officer including the police chief was finger printed and the prints are sent
through the FBI. Mayor Crispen commented that if they had been convicted of a felony then it would be public
record and it becomes known through the background check and it would be on their work record. Therefore,
it would not be necessary to rely on a polygraph to find out if a person was convicted of a felony. Chief Loizzo
confirmed that fact. Commissioner Walters interjected that if a person was not convicted then it could be expunged.
He again referred to the FDLE statement he had read earlier and to the fact that the community would want to know
if their police officers had committed a previously undetected felony or if they were psychologically fit before they
were employed.
Commissioner Walters said that what brought this to his concern was that from two years ago to now, it would
appear that people were being hired that haven't passed their polygraph exam. That was why he put together the
policy. He asked that if there were some unanswered questions, even if there could be a lot of reasons for the
unanswered questions and if there were unresolved issues, why was the Town hiring these people until the issues
were resolved. Commissioner Walters stated that it never happened before in his career and he wanted to know
why it was being done now. He commented that if the issues were resolved before hiring, then the person should
be hired, but he felt that it should be required that if a polygraph or a psychological exam was taken and there
was an unresolved issue, something should be done before they were hired and put on the street. Commissioner
Walters said that the purpose of the policy was to make sure that was being done and that was why he felt it
would become a part of the Town's employment policy which the Commission had complete authority to do.
He commented that he was frankly surprised if any police chief didn't want to take a polygraph and psychological
exam, then you had better run the other way. He or she didn’t need to be in this community. There should be
no reason whether a person has been a police officer for one year or thirty years, that a person should not take
a polygraph or psychological exam.
Town Manger Hoskovec explained that after each officer was hired, our FDLE regional representative Robin Davis
had to come in, review every file and certify that officer. The Town Manager asked Commissioner Walters if that
was correct. Commissioner Walters said that was a recommended procedure that was not required so she did
not check that. Town Manager Hoskovec asked if she did not have to certify their appropriateness to serve in
the position. Commissioner Walters said that FDLE recommends polygraph and psychological but they do
not require it. Therefore, when Ms. Davis would do her employee records check to make sure that the necessary
twelve forms are in the record. Commissioner Walters reiterated that polygraph and psychological exams are "
recommended to be taken but not required by FDLE. He continued that it had been a policy for years and that
the modern police agency in the last fifteen to twenty years, at least in the last eighteen years that he was
aware of and even before he became the police chief, every police office that walked in the door including those
who had left on good terms and came back a year later, took a polygraph and psychology. If someone just took
one somewhere else, then that would be accepted. However, to the best of Commissioner Walters's knowledge,
that even when a police chief took a job over here, he took a polygraph. Commissioner Walters said that he
didn't understand why they were having the discussion because it was recommended by FDLE and it should
not be an issue. The Town should want its police officers to be psychologically fit for the job and it should be
known before they come in the door that they haven't committed a felony even if they didn't get caught, it
should be known.
Mayor Crispen wondered and asked Commissioner Walters that if the eight agencies listed in the poll, the Palm
Beach County Association of Chiefs of Police whose President wrote, and the Executive Director of the Florida
Police Chiefs Association cared at all about FDLE's recommendations then why would they all seem to be ignoring
what he was saying was a recommendation. Commissioner Walters said that he didn't think they were ignoring
it because the fact of the matter remained that many of those people had already taken a polygraph. Commissioner
Walters continued to point out that in the bigger departments, the chief was mainly an administrative officer. He
didn't know why they didn't do it but that didn't mean that Melbourne Beach shouldn't do it. Also he pointed out
that many of those chiefs had been in those departments for many years but they had taken a polygraph whether
they were police chiefs at the time.
Fred Remark, 707 Atlantic Street stated that he had no problem with polygraph and psychological exams at the
entry level and they should be done as it was common sense. However, when a police officer had been working
with a bunch of policemen, carrying a gun for years and hopefully had the respect of his compatriots, he shouldn't
be examined. When a background check was done and there are people who say he is a nut, he had better go
someplace else, but if the recommendations say that he is a pretty good guy, then you look at him. Dr. Remark
continued to say that there was a reason why polygraphs were not accepted in court and that was because if it
was not read right or it was interpreted in a way that was not correct, then a person could be called a liar. He
said that if he were a police chief and was applying here, he would be insulted.
Chief Loizzo reiterated that it was not a requirement; police chiefs do not have to take polygraphs or psychologicals.
He said that he took a polygraph and psychological for his previous job but that was as a commander at a new
agency for him, but for the institution of the chief, it was not required. Chief Loizzo commented that they were
speaking about an executive position, the head of the law enforcement, somebody who should have enough
credibility and professionalism. Again he stated that it was not a requirement of FDLE. He said that FDLE
certified him and his file. He reiterated that a polygraph and psychological are not mandated as far as police
chiefs go; they are for entry level positions.
Mayor Crispen asked if any of the other Commissioners would like to comment.
Commissioner Price pointed out that Commissioner Walters had expressed his concern about a polygraph
and a psychological and he did this in a workshop. At the workshop Commissioner Price said that they bounced
it around and came to the conclusion that if they were going to error it would be on the side of caution. He
continued to say that Melbourne Beach was a small town. He observed that recently when the Town recruited
a police chief, we had been going outside of the Town and everywhere. Therefore, candidates were coming to
the Town who we didn't know and they didn't know us. He again mentioned that the general consensus of the
Commission was that if they were going to make a mistake it would be on the side of caution. It was made
clear in the workshop that FDLE had recommended it but did not require it. It was recommended as it gives
a town another level of safety. Commissioner Price felt that if he was in law enforcement, although he was not,
and he was applying for a chief's job in a community that he didn't know and they don't know him and they
asked him to do a psychological and a polygraph and he wanted the job, he would adhere to that. If he didn't
want the job, he would tell them to forget it and go on down the road. Commissioner Price felt that
Commissioner Walters clearly explained why he recommended it and clearly why the Commission decided
to accept it. He felt that if the Town were to do it, it would have an ill effect on the Town; if anything, it would
have a positive effect. He continued that if it screened out one person who shouldn't be here, then it has done
us a service and if it didn't and we get somebody who we would have gotten anyway, so what is the loss. He
did not see what the big issue was about the subject.
Commissioner Wilson said that if he saw the negative on giving a polygraph or psychological test to a police chief
was almost degrading them in some way if he understood what was being said and it was more cut out for people
at the entry level positions. Commissioner Wilson continued that the positive side was as Commissioner Price
correctly pointed out, was that it may help screen out one person. He commented that if there were some
suspect answers that could be gone into in more depth than rather just a background check that had general
information. Commissioner Wilson said that since they don't plan on hiring a lot of police chiefs he hoped,
in the future, we would not put too many through this degrading situation. Also he mentioned that as he
understood it, the price was only one hundred dollars so the cost wasn't prohibited. Commissioner Wilson
pointed out that the Commission realized it was a little bit of an imposition on the candidates but overall the
good outweighs the bad. He said that was where the Commission's decision was made.
Mayor Crispen asked for other comments and recognized the Town Manager.
Town Manager Hoskovec stated that while listening to the comments, it occurred to him that Commissioner
Walters was correct in that Chief Locke and the Indialantic Chief have psychologicals in their files as they started
those departments and have been there for a long time. However, he had the following questions: "What was to
preclude them to have committed a crime since they had taken that psychological or that polygraph and they didn't
take one since they had been promoted? So should we require anyone who has been promoted at any time take a
polygraph and a psychological? Should we be doing them every few years? We don't know what our officers are
going on their off time and, quite frankly, we don't know what they are doing sometimes when they are on duty.
Let's face it. So this is, in my eyes, opening up a larger thing that needs to be reviewed and looked at. How do
we handle this? If someone has been with the department for years, like Chief Locke who has moved up through
the ranks, I bet you he didn't take a psychological when he was promoted to that position or a polygraph. But if
we are going to do this for the chief's position, do we only do it for new candidates? If we have a candidate within
the department who moves up within the department as chief, does that person have to take the psychological
and a poly?"
Commissioner Price felt that there were two answers to the Town Manager's questions. First if there should
become an issue because we were having some kind of a problem in the department as far as when people
were being promoted to give them polygraphs and psychological exams, then the Commission should have
another workshop and talk about it to see if it was something to discuss. However, at this time we are talking
about hiring a police chief new to everyone and who is coming in from outside the community. This would be a
new hire. He would not be new to the business of law enforcement but he would be new to the Town's police force.
Commissioner Price said that was why they accepted the idea and why the polygraph and psychological exam.
He stressed that the police chief would be a new hire versus promoting within as those people are known.
Therefore, in the future it might be decided whenever they are promoted.
For clarification Mayor Crispen asked if Commissioner Price was suggesting that the Town would have two sets
of hiring practices for the same position: those from outside of the police department and those that are from
within. Commissioner Price said he did not suggest that and that it would be a good idea. He clarified that as
a new hire as a police chief, a psychological even if he came from within as he would be the guy in charge.
Mayor Crispen then asked what if Lieutenant Haran applied for the police chief's position, the Mayor thought
he understood Commissioner Price to suggest that since we know Lieutenant Haran, then we would not put
him through the same criteria. Mayor Crispen wanted all of this to be clear. Commissioner Price explained
that was not what he said. He felt the promoting people up the line at this juncture that the psychological and
polygraph were not an issue but could be discussed in a workshop. However, if the Town was to hire a police
chief, which was a big deal and if the wrong guy was put in, the whole community could suffer. So if a mistake
was to be made, make it on the side of caution. Commissioner Price reiterated the decision of the Commission.
Mayor Crispen at this time reminded everyone that this was a discussion of all the changes that were made in
Chapter 5 and that there was no motion on the floor at that time. He proceeded to request that if any of the other
commissioners wanted to make a comment on the polygraph and then to see if there were any other issues in
Chapter Five that they would like to discuss. If there were none, he would ask for a motion and further discussion
could continue on the motion at that time. Mayor Crispen said that Commissioner Walters and Vice Mayor Smith
would be next and then they would move on to any other issues that needed to being worked out.
Commissioner Walters wondered why they were focused on one issue and that was the police chief and
polygraphs and psychological exams. He pointed out that they discussed the minimum standards for
background checks as well. He felt that a thorough background check should be done and he was not
sure that was being done. He said that the things that were in Chapter Five were recommended by FDLE
including a minimum and thorough background checks. Commissioner Walters continued that what they
were saying tonight was that before a police officer including a police chief, a thorough background check
would be done before they were hired. They wanted to be sure that person was the right person and not
just talk to his buddies and references. They would go wherever they needed to to find out that that person
was the right one. He felt they owed the residents that. Commissioner Walters referred to what the Town
Manager had said and that maybe in the future FDLE or some other agency would recommend that something
was done for promotions such as a polygraph or psychological. He pointed out that at this time they said any
police office and do not exclude the police chief. Commissioner Walters said that the policy was more than
that as it protects the community from liability. If we hire someone either a police officer or police chief that
goes out in the community and does something horrible, we would be responsible and how would they justify
that we didn't give them a psychological exam. He disagreed that it was an executive position in this
community but a police chief position. It would be the same guy that should be crossing those kids in the
morning and the same guy at the school in the evening; same guy stopping people on the street...all of
those things that Melbourne Beach was all about. He said that we didn't have an executive position for
our police chief to sit up in his office and stay there. He would be wearing a weapon, he would be stopping
people, he would be involved with our children, as all the police officers are, and for that reason and all the
others he mentioned, that was why we needed this policy.
Vice Mayor Smith said that she felt that they had discussed the policy at length in the workshop meeting and
it was in the policy because that was what all of the Commissioners had finally agreed upon. She agreed with
Commissioner Price and the other Commissioners to fall on the side of being safe. She pointed out that it says
police officers. She continued to say that most of the Town's chiefs were hired from within so they were required
when they were hired to take a polygraph and psychological. She didn't see where it was a big deal if they
were asked to do it and they don't have anything to hide, then it shouldn't be a problem.
Mayor Crispen continued by asking the Commissioners if there were any other items in Chapter Five that they
felt needed to be discussed.
Commissioner Walters brought up section 5.05 Applications but he thought instead of six months, an
application should be active for one year. He didn't understand why it would be just six months. That
way an eligibility list would be created and we wouldn't have to go through the expense again of hiring.
The manager could call the next person on the eligibility list.
So that the public would know what they were discussing, Mayor Crispen read the section as follows:
5.05 Applications - Applications must be made on a standard form designed and prepared by
the Town. Applications for Town positions shall be kept active for a period of six (6)
months, unless a longer period is provided for in other departmental policies.
Commission Wilson said that he spoke with Robin Davis with FDLE concerning some other issues and she
said that the applications were good for one year after the closing of the date of the position. It was FDLE's
standard of twelve months after the closing of the application deadline.
Mayor Crispen asked the Town Manager what was meant to "keep active". Town Manager Hoskovec replied
that the Clerk would keep the file of all applicants and that would be an active file. What would happen if there
was a vacancy after that job was filled, we could go back to the file and review those applicants and see if there
was someone they would like to utilize out of the list or go back and re-post it. That is how it is normally done.
Mayor Crispen asked if anyone on the Commission had an issue with twelve months. Commissioner Price
responded that he felt it was more than holding the applications for six or twelve months. He said that an
application being active meant that if an individual applied for a position in the Town because a recruited
notice was put out, and that individual was not selected for the job, that application was still active in the
files. If something should occur like an early resignation of an individual who had the job, then the applications
that had not reached the six month period would still be active. If six months and a day passed according to
the policy and the individual who was selected for the job left for some reason, then every applicant who had an
application in the file would have to reapply. He said that it was an important rule because sometimes just the
act of getting a new application would screen people out. He felt that it was a rule that matter and was an
important rule if followed.
Mayor Crispen pointed out that in other places in the policy where it stated that the opening would have to
be advertised, it would have to be. He continued to say if there were one hundred applications in an active
file, the Town would still have to go through the policy. He referred to General Personnel...each job vacancy
shall be posted and under Department Head...the Town Manager shall advertise on every vacancy. So the
Mayor concluded that the Town would have to advertise if the policy said it needed to be advertised even if
a person left a month after they came. However, the policy giving a time would allow those people who were
in an active file would not have to reapply.
In order of time, Mayor Crispen asked if there were any Commissioners who would like to speak against
expanding 5.05 from six months to twelve months. No one spoke against it. Mayor Crispen then asked if
there was anyone in the public who wanted to speak to the item. No public came forward. Mayor Crispen
then asked if there were any other items in Chapter Five.
Town Manager Hoskovec pointed out that a new application would have to be approved after it came back
from the labor attorney. He suggested that in the motion, this would be mentioned so that it noted. In
response to Mayor Crispen's question as to what form would be used, the Town Manager replied that the
current application form and I-9 that had been previously approved by the Commission would be used until
the new one was approved.
Mayor Crispen asked for a motion.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WILSON TO ADOPT THE CHANGES TO
CHAPTER FIVE TOWN OF MELBOURNE BEACH RECRUITMENT AND EMPLOYMENT IN THE POLICIES
AND PROCEDURES HANDBOOK AND THE AMENDMENT TO 5.05 OF CHANGING SIX (6) MONTHS TO
TWELVE (12) MONTHS FOR AN ACTIVE FILE.
VOTE: ALL AYES. MOTION CARRIED.
Mayor Crispen opened for discussion.
Commissioner Walters referred to Section 5.04b Recruitment: Police Chief/Police Officer, second paragraph
felt that "including the police chief" should be included and it would read "All police applicants, including police
chief, prior to being employed by the Town shall successfully complete an employment physical and pass
both a polygraph and psychological test...." Commissioner Walters said that should be included so there
was no mistake and problem with interpretation later on.
There was discussion as to why Commissioner Walters had not brought this up when the Mayor had asked
if there where further items for discussion.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER WILSON TO AMEND THE MOTION BY ADDING
THE WORDING "INCLUDING THE POLICE CHIEF" AFTER ALL POLICE APPLICANTS IN THE SECOND PARAGRAPH
OF SECTION 5.05B RECRUITMENT: POLICE CHIEF/POLICE OFFICER.
VOTE: ALL AYES. MOTION CARRIED.
Mayor Crispen asked for discussion with regard to the amended motion. There was none. Vote was taken
for the amendment to the motion.
Mayor Crispen said that the amendment attaches itself to the original motion. He asked if there was discussion
to the amended motion.
Mayor Crispen then said that the only point he wanted to make was that there were four Commissioners who
said that we all agreed to include the psychological profile test and the polygraph because they wanted to error
on the side of caution. He wanted to indicate that the Police Chief did not attend the workshop and the Commission
did not have the information that the Police Chief presented at the Special Meeting. Mayor Crispen continued
that if the information that every agency in Brevard County who was contacted do not do this, if Chief Loizzo
would have indicated that no agency that he knew of does not include these tests for police chiefs, if Chief
Loizzo would have indicated that the President of the Palm Beach County Association of Chiefs of Police, Inc.
did not know of any agency that has a psychological or polygraph and that the Executive Director of the Florida
Police Chiefs Association did not recommend it, then he would not have agreed to include it. Mayor Crispen
continued that if he had known of the list of agencies throughout Florida that do not give polygraphs or
psychological exams to Police Chiefs, he would not have agreed to include it. Mayor Crispen didn't disagree
with Commissioner Price's statement of making an error on the side of caution but for the Commissioners to
say that they all agreed and to move forward without considering the new information, it could be a mistake.
He wondered why every other agency did not consider it but it was very important for us to do it. He had not
heard of one town or city in Florida that does this from the main proponent for including this. He commented
that not one police department had been brought to his attention that does this.
Mayor Crispen asked for other discussion or rebuttal to his comments. There being none, he called for question
and vote.
Mayor Walters started Item II but Commissioner Walters said that he thought they would be speaking about
the comp time policy. Vice Mayor Smith explained the it had not been completed and put in the packet. There
was discussion that it was a workshop issue and should it be discussed at a special meeting which Commissioner
Walters thought it would be a workshop also. Mayor Crispen asked the Commission if they wanted to discuss
the comp time policy. Commissioner Price commented that it should be saved for a workshop. It was decided
to continue with the agenda.
II. DISCUSSION AND POSSIBLE ACTION REGARDING TOWN MANAGER REPORT AND UPDATE
CONCERNING POLICE CHIEF HIRING PROCESS
Commissioner Walters said that he put this item on the agenda because Commissioner Wilson had sent a
memo out to the Commission and asked that it be included on the agenda.
Town Manager Hoskovec reviewed that at the last Town Commission meeting, Police Loizzo gave his report
and in the report he said that he was planning on stepping down about the end of August and the beginning
of September. The next day after the meeting he initiated steps to begin the process of advertising the
vacancy on the Town's website, the Florida Police Chiefs’ website, and submitted it to the Florida League
of Cities (DATAGRAM ). He stated that his rational for doing it within the state was the fact that we need
a chief who was Florida certified.
The Town Manager then stated that he established the following criteria to go through the selection process.
The application date was set to close August 15, 2003. He continued that soon after the closing, the Civil
Service Board would review all applications to see that they meet the requirements that were in the posted
job description. Following that process, a profession review board made up of the regional director of FDLE,
a local police chief and a local police commander who would be located in the County but not directly
associated with the Town would meet. They would be tasked with reviewing the applications and also
possibly interview those candidates that met the criteria. He would also ask the profession review board
to administer a leadership profile exam to the candidates. The Town Manager explained that ICMA
recommended the use of this tool for anybody who was in an executive position. He said that he realized
that the chief in this Town was not considered an executive but they are still one of the primary leaders
in the Town. This leadership examination was a good tool, as explained by Town Manager Hoskovec, in
the use of determining how people manage their positions and how they manage their staff. He said that
upon receiving the recommendation of five candidates from the professional review board and after tonight,
at that point those five finalists would take the polygraph and psychologicals. He felt that it was best to
give those five the exams instead of just the top candidate in case something were to come up and then
the next candidate would be tested and this would lengthen the process. He would still like to have a
group of two or three citizens and a couple of representatives from the Police Department interview the
five finalists as well even though it was considered unconventional by some members. Then the Town
Manager would interview the five finalists and have West Melbourne do the IA investigations as they
had in the past and perhaps do the background investigations as well. The background investigation
would consist of a thorough criminal as well as a financial check. Finally when an offer was made, the
finalist will have to successfully complete a drug test and be fingerprinted for a criminal background.
Mayor Crispen asked if there were any public comments to the report.
Fred Remark, 707 Atlantic Street thought that this was what was being done for the last two to three years.
He did not feel that there needed to be interference from the Commission/Commissioners Walters and Wilson.
The Town Manager had a job to do and it was in the charter as to what he was to do. Dr. Remark felt that it
was not right or fair to interfere. He reiterated to let the Town Manager do his job, pick the candidate, the
Commission would decide the salary and let it go as written in the Charter.
Mike King, 1402 Oak Street commented that he had a problem with the citizens getting involved in the selection
process as he was not sure how the citizens would be selected. He said that the citizens’ part was to elect
people who in turn hire the Town Manager. He didn't like someone selecting citizens who in turn select the
police chief.
Police Officer Matt Smith, Town employee and resident, wanted to say that he wanted a police chief who
was qualified. He felt the Manager should select the police chief in the manner he chooses.
He felt that not letting the Town Manager do his job was affecting the employees and residents of the Town.
Chief Loizzo said when he spoke with everyone in the police department that they just wanted the process to
run its course. They felt that they had been battered and beaten having been through about four or five police
chiefs in various forms. The Town had a good group of wonderful, hardworking people and they really just
wanted to be left alone to do their job. He mentioned that Commissioner Walters would understand that
these people need the confidence of the Town. They just really want this to be done professionally, properly,
quickly and move on. Chief Loizzo offered to stay on until such point until a smooth transition could be made.
He said that the Town Manager had set up excellent criteria for a top quality person. He commented that there
didn't need to be in house fighting, public record requests, emails etc. Let this wonderful community go forward.
He wished he could spend the rest of his life here but because his wife and family were miles away and his
family was more important, so that was the only reason he was leaving. He had hoped to have the opportunity
to bring his children to this community. He commented that the men and women in the department were like
his children and they just wanted to be nurtured and they would do their job to take care of the citizens in this
community if you would allow them to.
Susie Stark, 307 Fifth Avenue observed what Town Manager Hoskovec procedure outlined sounded like it
was impartial and fair and would bring the Town the best qualified candidate. She said that the process
was reasonable and responsible and that was what the Commission needed to look at. Their oversight
would be to make sure things were reasonable and responsible and from what she heard, this process
met those criteria.
As there were no further public comments, Mayor Crispen brought it back to the Commission for any
questions with regard to the Town Manager's report.
Commissioner Wilson said that since the agenda item was based on a memo that he placed at Town Hall
and where he questioned a lot of the hiring procedures for the past year done by the Town Manager. He
hoped that he would have received a report from the Town Manager on how some of the things happened.
Commissioner Wilson commented that the policy in place now was similar to what was in place with a
few changes. However, Commissioner Wilson said that it somehow fell incredibly apart. Commissioner
Wilson then pursued a narrative of the hiring of Linda Loizzo as he understood it and asked the Town
Manager to explain how it went wrong. After some discussion, Commissioner Wilson said that he would
ask the questions and the Town Manager could answer them.
Mayor Crispen referred to the agenda item that was for the Town Manager to give a report, and then public
comments were made from the public, then as normal it would be brought back to the Commission. Therefore,
he felt that specific questions would be appropriate but that this was not a trial and Commissioner Wilson
agreed with that. Commissioner Wilson just wanted to let the audience know that the Commission was
going to be more closely involved this time and if he was heard out, they would know why that he thought
it was necessary.
Mayor Crispen pointed out that everyone loves the Town and want what is best for the Town. He stated
that Commission Wilson was an elected official and he had the right to inquire as to what he perceived
to be failures in a process. The Mayor admonished that the meeting was not going to get out of hand
from the public or any Commissioner.
Commissioner Wilson continued by referring to a time line provided by Commissioner Walters to the Mayor,
Vice Mayor and Town Commissioners and questioned why Linda Loizzo was introduced as the Chief of Police.
In order to keep on point, Mayor Crispen asked the Town Manager why Linda Loizzo was introduced as the
police chief if she was never hired. Town Manager Hoskovec replied that she was to be the chief and was
the candidate he had selected to be chief. Commissioner Wilson contradicted the response saying that
he had the minutes of the meeting. Mayor Crispen said that questions were going to be asked and answered
but he did not want to get into an argument as to what happened. Mayor Crispen stated that if any
Commission member or member of the public felt that he was handling the situation inappropriately, he
would welcome their comments.
Commissioner Wilson continued with the time line and excepts from minutes pointing out the Linda Loizzo
was acting like a chief by her actions. He did not know that she was a chief consultant. Commissioner
Wilson pointed out that the Town Manager thought that Ms. Loizzo was going to become the Chief but
due to circumstances at her previous job, she had not. Commissioner Wilson then questioned the
creation of a police consultant position that had not been approved by the Commission.
Commissioner Wilson asked the Town Manager if he had sent in papers to FDLE saying that Ms. Loizzo
had been hired. Town Manager Hoskovec said no because she had never been hired. Town Manager
Hoskovec explained that any police chief in this Town had to be sworn in before the Commission and
until that point that person can not act as a chief per a FDLE requirement. The Town Manager pointed
out that Commissioner Walters was nodding to this affirmatively. Commissioner Wilson agreed with this point.
Commissioner Wilson referred to the time line again discussing the status of Ms. Loizzo as whether or not
Ms. Loizzo was the chief. Commissioner Wilson then presumed that Ms. Loizzo could not settle the situation
at North Miami Beach and he had no doubt that Ms. Loizzo wanted to take the job. Then Commissioner
Wilson mentioned the fact the Commissioner Walters questioned whether or not Ms. Loizzo was the chief
and if she could work for both North Miami Beach and the Town.
Mayor Crispen reminded everyone that everything would be directed through the chair and that everybody would
have a chance to be heard but there were not going to be outbursts.
Commissioner Wilson continued with his question if Ms. Loizzo could work for both entities. Chief Tony Loizzo
said that had been checked with FDLE and they gave the opinion that she could consult, advise and do what
she had been doing. He continued to explain that it was not unusual to have interim and consulting chiefs
come in and manage a police department during the vacancy of a police chief.
Commissioner Wilson then spoke about the contract Ms. Loizzo had requested. He observed that the
Commission had not been involved but because all contracts are approved by the Commission then it was
presented to them and he explained the process this contract went through. Commissioner Wilson continued
with the narrative of Ms. Loizzo withdrawing her application. Commissioner Wilson then said that the search
process should have begun again but he did not believe it was. He said that Mr. Loizzo was not on the short
list and had just turned in an application. Shortly after that Commissioner Wilson said that the Town Manager
announced that Tony Loizzo was selected as Police Chief. Commissioner Wilson stated that was why they
wanted to make the process smoother. He stated that he had the utmost respect for both of the Loizzos
but he was concerned that there could be some situations here that if it was inspected may look bad.
Commissioner Wilson said that perhaps the Town Manager needed more supervision, more help from
the Commission than he received the last time. Commissioner Wilson wanted the Town Manager to
know that they were here to set this thing right and they were going to be much more in communication
with him. Commissioner Wilson ended by saying that now they had the situation all over again.
Mayor Crispen asked if there were other comments from the Commission.
Commissioner Price asked if there was a resignation from Police Loizzo with an effective date which he
believed based on his experience as a manager was absolutely necessary before the job was advertised.
He asked if we knew for certain that there was a vacancy.
Town Manager Hoskovec replied that we did not have a written resignation from the Chief. Mayor Crispen
felt that they needed something in writing and said that he did not have a problem with an opened date that
would be a benefit to the Town if he was willing to work until we got someone. The Mayor asked for a letter
by tomorrow.
Commissioner Price remarked that he and Commissioner Wilson shared the same experience as they both
were new to the Commission when this was taking place and that some of the meetings were attended by
the old Commission. Commissioner Price said that he tried to allow the Town Manager to do what his job
description said were his responsibilities and one of those was to hire the police chief. Commissioner
Price talked about having to take responsibility when you are at the top and the importance of actions.
He remarked on the importance of having an employee submit a letter of resignation. If a verbal resignation
was given, a written resignation must follow immediately. Once that letter was received, then the steps are
taken to hire a police chief. Commissioner Price said that he could understand Commissioner Wilson's
apprehension about the Town Manager acting or failing to act. Commissioner Price stated that both he
and Commissioner Wilson have supported the Town Manager every step of the way and they wanted him
to be the Town Manager because it was his job. He reiterated again the need to get the written resignation.
Commissioner Price and Chief Loizzo presented their views concerning the resignation letter. Commissioner
Price gave his reasons why it was necessary for the Town Manager to have the letter including the beginning
the hiring process. Chief Loizzo explained why he had not presented a written resignation to the Town
Manager because of various events that took place since the meeting and the fact that he felt he was helping
the Town out by not giving a precise date.
Mayor Crispen asked Vice Mayor Smith for her comments. She felt that she needed to say that they ended
up with a big mess before and the only reason the Commission had anything to do with it was because of a
contract. Vice Mayor Smith said that normally when a chief of police was hired, there was no contract. She
pointed out that the Charter stated that the Town Manager hires and fires everyone except the Town Clerk and
the Town Attorney. She assumed that the Town Manager knew how the Commission felt. She said that it was
still the Town Manager's job to hire and fire the chief of police. It was not up to this Commission to choose a
chief or tell the Manager whom to hire. We hired the manager and if they don't like the choices or his job
performance, then the Commission would take it up with him. The Vice Mayor stated that Chief Loizzo stood
up at the last meeting and he said that he was leaving at the end of next month or the beginning of the following
month which is the end of August or the first of September. The Town Manager was not told to not accept the
resignation and we all wished him well; sorry to see you go. She stated that all of this was on public record.
Vice Mayor continued that she was shocked when it came out that the date would be in November and the
Town Manager was shocked. The Vice Mayor was not sure legally if a person can be made to put something
on paper but it was on public record so the Town Manager started a process due to what he had been told.
She believed that the Town Manager had set a process, that was his decision and this Commission should
let the Town Manager do his job. It was not this Commission's job to choose a department head other
than the Clerk. She felt that they were spending an awful lot of time and paper on this. She agreed
that there were mistakes but she hoped the Town Manager realized the mistakes and he heard about
it from every single Commissioner. Vice Mayor Smith said that the Town Manager had started the
process, he was taking applications and we passed the hiring policy. She mentioned that there may
be department heads they didn't like us but it was not up to us, it was up to the Town Manager. He
runs the daily operations of this Town, not us.
Commissioner Walters had a copy of the Town's Charter on the Town Manager that was passed by the
residents of the Town in 1986. He read "All powers of the Town shall be vested in the elected Commission,
except as otherwise provided by this Charter or by law. The Town Commission shall be responsible to the
citizens of Melbourne Beach for the proper functioning of all Town affairs and to that end, subject to the
provisions of this Charter, shall have power and are required to: (c) Provide policy direction to, and exercise
control over, the Town Manager as may be required in his role as administrative head of the Town."
Commissioner Walters agreed with the Vice Mayor that it was not their job to hire or fire, absolutely it was
not but it was to provide policy directions. Commissioner Walters referred the audience to read the three
pages of the time line that he had researched from the minutes and they would understand what happened
and how. Commissioner Walters then went back to the hiring process and he then reiterated that the Town
Manager hired a police chief without following his suggestion of forming a Board of Police Chiefs because
the Town Manager was new and that they would help him get a short list and then he could pick from that
short list. Commissioner Walters then reviewed the issue of Ms Loizzo and her history with the Town and
reiterated the situation with Chief Tony Loizzo. Commissioner Walters said that we needed to get a police
chief and stabilize the force. He then stated that we had lost $150,000 in revenue over the last two years
and had lost 7 out of 10 officers so we needed to do something. Commissioner Walters continued to discuss
a Board that Chief Loizzo wanted to set up for the search, of the difference of the ad on the Florida Police
Chiefs' Website and the one posted on the bulletin board, what it took to be Florida certified or get a
waiver before obtaining a Florida certificate, what they needed to do for the community and that the
process failed two out of two times. Commissioners Walters said they needed to follow the Charter
and let the Town Manager hire who he wanted to hire but the Commission needed to give him guidance
how to do that this time.
Mayor Crispen explained that four Commissioners had spoken to the issue, that he wanted to open it for
public comment, then give Chief Loizzo a chance to briefly comment and then he, the Mayor, would like
to make comment and then to move on unless there was a motion on the floor.
Chief Loizzo wanted to clarify what Commissioner Walters said about his picking a Board. He said he had
nothing to do with picking a Board. He had nothing to do with the process, none of the applicants had spoken
to him and he was not involved with the process. He did make some recommendations as to the background
checks. He said for the record he had nothing to do with picking a Board.
Mayor Crispen then would bring up the public and he wanted to remind everyone that he thought it worked
best if all comments were directed to him and he would be as fair and equitable as he could to give everyone
an opportunity to talk. He asked that everyone try to limit their direct personal conversation with any member
of the Commission. He felt that it would go more smoothly.
Jim Simmons, 409 Avenue B explained that he did not work in politics or town government but worked in the
real world. He said that the defense contractor he works for has a process that sets out criteria and benefits
for every position they have. He thought that the Town was remiss and where they got into trouble the last
time was in not having a benefit package spelled out for the police chief. He remarked that he had read the
contract proposed by Ms. Loizzo and as a hiring manager, he would not have signed it. He felt that the
Town needed to establish policies, benefit packages, criteria for the positions and then let Mr. Hoskovec
hire based on them. A candidate would then know what to expect. Also he spoke about a severance
package, what the resignation procedure was, and other things. He commented upon who should write
a contract. He then reiterated about resignation procedures and what should be included in them. He
felt that the Town had no hiring procedures to direct the Town Manager on how to hire and what the
benefits were. Mr. Simmons went into why there should be policies, guidance given to the Town Manager,
remedial action if policies were not followed, spell out standards and expectations for accountability. He
remarked that he thought Commissioner Walters comment on providing guidance was appropriate but he
felt he was providing the wrong kind of guidance and was micromanaging decisions instead of providing
guidance.
Mayor Crispen asked Commissioner Walters and Mr. Simmons not to carry on a discussion between
themselves concerning the Loizzo contract. Mayor Crispen explained that the Town Manager put the
subject of the contract on the agenda because he did not have the authority to enter into contracts so
he opted to bring it to the Commission's attention. Mayor Crispen continued to explain that there were
budgeted amounts for the police chief’s training, certifications, conferences and educational meetings, etc.
and there was a salary range that the Town Manager was allowed to hire within. The only reason the
Mayor said that the Commission was involved was because of the contract. Next the Mayor addressed
Mr. Simmons comments about the need for policies and Mayor Crispen pointed out that they just ratified
the hiring policies so the Town Manager did have direction.
Mr. Simmons asked why the Town didn't just say that the Town does not entertain contracts and that
would be that.
Mayor Crispen said that no aspersions were being cast on any individual. He remarked that the policies
had been less than clear and he had learned that the policies and procedures have conflicting and
contradictory areas. They attempted to refine and hope they did a good job but they needed to see
how it played out. Mayor Crispen thanked Mr. Simmons for his comments.
Mr. Simmons brought up how performance appraisals of Town Managers were handled to which Vice
Mayor Smith responded.
Mayor Crispen announced that there needed to be a motion to extend the special meeting which is
restricted to two hours.
VICE MAYOR SMITH MOVED, SECOND COMMISSIONER WALTERS TO EXTEND THE MEETING TO NO
LATER THAN TEN O'CLOCK.
VOTE: ALL AYES. MOTION CARRIED.
Mayor Crispen then called a five minute break at 9:05 pm.
The special meeting reconvened at 9:10 p.m. with public comment.
Marty Remark, 707 Atlantic Street said that another Commission suggested that they would advertised
for only Florida Police Chiefs as they were more aware of the area. She said that they did not require the
Town Manager to advertise for Florida residents only but it was just a recommendation. Ms. Remark said
that she could not tell in tonight's discussion if they were upset because they were going out-of-state or
because they were not. She said that the Town Manager should strictly follow the policies and procedures;
however, the Commission can recommend by making policies and cut out micromanaging and let him
get on with getting a new chief.
Fred Remark, 707 Atlantic Street addressed the Mayor with some comments concerning Commissioner
Wilson and his remarks concerning the Town, the Town Manager, and the Town Police Chief. He questioned
some of Commissioner Wilson assumptions. Dr. Remark commented on events concerning Commissioner
Walters, Ms. Loizzo, and the Town Commission. He took Commissioner Walters to task for some of the
comments he made during the meeting.
Commissioner Walters responded to Dr. Remark. Commissioner Walters felt that Dr. Remark did not
understand the entire situation. Commissioner Walters referred to his time line concerning Ms. Loizzo
and made comments about it and other topics.
Dr. Remark asked to respond to Commissioner Walters. Mayor Crispen asked if it was necessary as it
seemed that they both had made their points known.
Dr. Remark said a few more things and returned to his seat.
Mayor Crispen reminded everyone that personal statements would not be allowed. He said that he had tried
to run the meeting fairly. The Mayor remarked that as tempers rise, he needed to have more control so he
stated that he would exercise his authority that Resolution 702 allowed.
Paul Guglietta, 318 Fourth Avenue said that as he was sitting there listening to the comments made tonight
he thought that the Town Manager had learned from his mistakes if there were mistakes in the eyes of the
people on the Commission. He felt that tonight's approval of the policies and procedures would be sufficient
guidelines for the Town Manager. Mr. Guglietta commented that the Town Manager had to go through what
the Town provided and present the benefit package to the candidate. He also felt there should be no contracts.
Mr. Guglietta listened to the Town Manager's procedures for hiring and he felt that the Town Manager would
look at it honestly and fairly and pick the best chief of police for this Town. He mentioned guidance by the
Commission, the responsibility the Town Manager had in hiring the chief, the Town Manager working for the
Commission and the Commissioners backing the Town Manager up.
Susie Stark, 307 Fifth Avenue stated that she appreciated the way the Mayor brought the discussion back
to the big picture which was the initial criteria for hiring a new police chief. She said that it was unfortunate
that things got to an emotion level. As she had been in their seats and could understand how it happens.
She hoped that some of what was discussed tonight would not happen again. She knew that it was difficult
to sit on the Commission and wanting to defend yourself. She felt that overall the Commission's concerns
could be expressed privately to the Town Manager and hoped that now they would move forward and do it
in a different form next time. She said that sometimes it has to come out so they can move forward and
we learn from the past. Ms. Stark observed that it was a difficult job they had to do but she thought we
could move forward from here.
Mike King, 1402 Oak Street felt that the Commission should be commended for taking on a very difficult issue
and had struggled for probably a year going through this. He said that they were trying to remedy it. He said
that bringing up past history was painful to a lot of people including the citizens. Mr. King mentioned at the
last meeting that he was looking to the Commission to maintain control of the process. He felt that some of
the comments from the citizens were very inappropriate but he thought that the Commission did an excellent
job to manage it to the best of their ability.
Mayor Crispen asked if there was anyone else, there was no one. Mayor Crispen said that Chief Loizzo
would be the last one to speak on this issue.
Chief Loizzo felt compelled to bring up a couple of issues that came up and because his wife was not there
and there were a number of people telling her side of the story...some of it factual, some of it falsehoods.
He proceeded to say that Linda came to the Town with the best intentions of serving this community where
she used to live. He explained that the situation in North Miami Beach was not resolved until February long
after she withdrew her application. He spoke of harassment to Linda and mentioned that a false allegation
was made to FDLE and the events surrounding that. Chief Loizzo spoke of events that happened to him
after he had verbally resigned. He listed several things that were falsehoods against Linda.
Chief Loizzo hope as several people said that everyone should move forward. He pointed out that his hiring
was a bit unusual but a decision had to be made and the Town Manager made it. Chief Loizzo hoped that
they would feel he had done a good job in the short time he was here and that the Town Manager did not
make a mistake. He also felt that the Town Manager did a good job in picking Linda as later when she
applied for other positions in the area she was ranked within the top 3 and top 2. The Town Manager did
pick a good candidate. Chief Loizzo expressed again how much he wanted to stay if it had not been for
his family situation. He explained the circumstances around his hiring and that he fulfilled all of the
requirements that were required and recommended. Chief Loizzo stated that the Town Manager made
a command decision because the Town had been without a police chief for a long time and he wanted
to put an end to it and he did but unfortunately for him he found a man who loved his family a lot and
who decided to go back to them.
Chief Loizzo pointed out that it would be more cost effective to hire a Florida person as the background
check in other states would cost more. Also he said that it would be easier to do a thorough background
check on someone from within the State.
There was discussion between Mayor Crispen and Commissioner Walters as to the authority of the Mayor
to determine if a Commissioner could respond to comments made. Mayor Crispen referred to Resolution
702 page 5 and it read as follows: "Employees of the Town may not address the Commission regarding
their job description and the job related requirements if such comment would circumvent the change of
command. Members of the public shall not address individual members of the Commission but shall
address the Commission as a whole through the chair. Questions shall be directed to the Commission
through the chair, and the chair shall then recognize the appropriate person for response, if the chair
determines a response is necessary. Debate between a citizen and anyone shall not be permitted."
Further discussion ensued concerning the Mayor's authority, Commissioner Walters asking for a point of
order and to poll the Commission per Resolution No. 702. Mayor Crispen asked the Vice Mayor to explain
what Commissioner Walters was attempting to do. Vice Mayor Smith said that Commissioner Walters
was saying that the rest of the section says that he would be allowed to speak if the consensus of the
Commission was to allow it. Discussion continued concerning Resolution 702 and Robert's Rules of Order.
Mayor Crispen stated that anything specifically mentioned in Resolution 702 superceded anything written
in Robert's Rules of Order and as the Mayor read, the chair is given the authority to decide whether or not
Commissioners would respond to public comment.
Mayor Crispen then read Section 6 (F) on page 5 of the Resolution 702 as pointed out by Commissioner
Walters. "Members of the public seeking to address the Commission should prepare their remarks before
addressing the Commission in an effort to be concise and to the point. Except as provided in rule sub-section
(G) below, members of the public are limited to a total of three minutes per agenda item to address the
Commission. However, by consensus of a majority of the Commissioners present, this time may be
extended for a specific additional amount of time." Mayor Crispen pointed out that the consensus was
for a time period and not taking away the chair's authority.
For the record, Mayor Crispen said that Commissioner Walters could not find anything in Resolution 702.
This discussion continued.
Mayor Crispen pointed out to the Commission that there were twelve minutes remaining and there was a
third item on the agenda and there was no objection, so they moved on to the next item.
III. DISCUSSION AND POSSIBLE ACTION REGARDING CHIEF LOIZZO'S RESIGNATION
(COMMISSIONER WILSON)
Commissioner Wilson reported that at the last Commission meeting, Chief Loizzo made a verbal resignation
speech at which time he gave the reasons for his resignation and he also gave a date which was at the end
of next month or the beginning of the month after that so the date would be August 31, 2003 or the first week
of September. Commissioner Wilson asked the Town Manager if he had received a written resignation from
the Chief and he had not. Commissioner Wilson said to the Town Manager that he really did not need one
as the Town Manager could accept his resignation effective whatever date the Town Manager would like to.
COMMISSIONER WILSON MOVED, SECOND COMMISSIONER WALTERS TO ACCEPT THE RESIGNATION
OF CHIEF TONY LOIZZO EFFECTIVE AUGUST 31, 2003.
VOTE: NO AYES; ALL NAYES. MOTION DEFEATED
The Mayor called for discussion.
Vice Mayor Smith did not think that the Commission could accept a resignation of an employee. She said
that he didn't resign to the Commission, he resigned to the Manager. She did not believe legally they had a
right to do that because they don't hire or fire. Vice Mayor Smith said that he (Chief Loizzo) made the
statement to the Commission in a report but she had assumed that he had already told the Manager.
Commissioner Wilson asked if he could amend it but Mayor Crispen explained that since it was seconded,
it is owned by the body and the Commission could vote it up or down and if it failed, Commissioner Wilson
could restate another motion.
Mayor Crispen called for a vote:
COMMISSIONER WILSON MOVED, SECOND COMMISSIONER WALTERS TO ADVISE THE TOWN MANAGER
TO ACCEPT POLICE CHIEF TONY LOIZZO'S RESIGNATION EFFECTIVE AUGUST 31, 2003 BASED ON HIS
VERBAL RESIGNATION TO THE COMMISSION AT THE LAST COMMISSION MEETING HELD ON JULY 16, 2003.
[AFTER DISCUSSION]
VOTE: AYES (COMMISSIONERS WALTERS AND WILSON). NAY (COMMISSIONER PRICE, VICE MAYOR
SMITH AND MAYOR CRISPEN). MOTION WAS DEFEATED 3 TO 2.
Mayor Crispen opened it for public comments.
Chief Loizzo said that he expressed to the Commission his intent to work with the Manager until he selected
a new chief. Chief Loizzo commented upon Commissioner Wilson's actions of his memorandum and statements
made during the meeting. He did not think he was doing such a bad job that they wanted to expedite his departure.
He reiterated what he wanted to do and why. Chief Loizzo also commented upon the events of the evening.
Mayor Crispen read the verbatim of Chief Loizzo's statement on July 16, 2003 at the last regular Commission
meeting. "I told him (meaning the Town Manager) that I will be resigning from the department, probably
somewhere effective towards the end of next month, beginning of the following month, whatever time frame
it takes in order to find a new chief to come in and take over?” Mayor Crispen remarked that would be
good for the Town of Melbourne Beach. This will mean that we don't have to operate our police department
without a police chief if it took an extra month or six weeks to find the right candidate.
Mayor Crispen asked Commissioner Wilson why he asked for the particular date of August 31, 2003.
Commissioner Wilson replied that it was the one specific date or time frame that could be penned down
in Chief Loizzo's comments.
Commissioner Price voiced his opinion that not having a definite resignation date was not good for the Town.
He reiterated that the Town could not go into the hiring process without a resignation date.
Chief Loizzo said that he would do whatever the Town thought was best. He reiterated that he only wanted
to help the Town with a smooth transition.
Commissioner Price reiterated that the Town had started the process of hiring on the fact that Chief Loizzo
stated publicly that he was going to resign. He strongly stressed that the Town needed a date so that a job
could be offered and a starting date could be given.
There was further discussion concerning the subject of Chief Loizzo's resignation and effective date between
Commissioner Price and Chief Loizzo. Commissioner Price summarized the discussion and Commissioner
Price said that Chief Loizzo should say he would resign on a particular day. Chief Loizzo would be available
to work during the transition period for this number of days if the Town desired it and leave it at that.
Mayor Crispen asked for a motion to extend the special meeting.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER WILSON TO EXTEND THE MEETING.
VOTE: ALL AYES. MOTION CARRIED.
Mayor Crispen said that if someone had something new to add then he would allow it, if it was redundant
and in the interest of time and to resolve this issue he would appreciate that they not speak.
Chief Loizzo asked the Mayor or the Town Manager to check with the Town Attorney to find out if what the
Commission was doing was legal. He said that they were basically directing the Manager to terminate him.
Fred Remark, 707 Atlantic Street stated his opinion of Chief Loizzo's offer to help the Town with the transition
of his leaving and the coming of a new chief. Dr. Remark felt that the Commission did not have the right to
tell the Town Manager to fire anybody. He spoke to the issue of micromanaging by Commissioner Walters
and Commissioner Wilson. He asked that everyone stick to their jobs.
For the record, Mayor Crispen said that the motion was not to direct the Town Manager to fire the Chief of Police.
Paul Guglietta, 318 Fourth Avenue asked for the acting Town Clerk to read back the motion that was made.
Acting Town Clerk Wiley read the following: COMMISSIONER WILSON MOVED, SECOND COMMISSIONER
WALTERS TO ADVISE THE TOWN MANAGER TO ACCEPT POLICE CHIEF TONY LOIZZO'S RESIGNATION
EFFECTIVE AUGUST 31, 2003 BASED ON HIS VERBAL RESIGNATION TO THE COMMISSION AT THE
LAST COMMISSION MEETING HELD ON JULY 16, 2003.
Mr. Guglietta commented that Commissioner Price was correct in his narrative of the act of resignation and
reiterated what had been said previously.
Mayor Crispen asked Mr. Guglietta if he could interrupt him as the Town Manager had something material
in his possession.
Town Manager Hoskovec received a letter from Chief Loizzo and read the following: "Dated 7/29/03: Dear
Mr. Hoskovec: Please let this letter serve as my letter of retirement effective September 2, 2003 or upon
selection of a new police chief for the Town of Melbourne Beach PD. A. Loizzo"
Mayor Crispen told Mr. Guglietta he would be invited back if he wanted to comment on the letter.
Mayor Crispen said that there was a motion on the floor and he would take comments on the motion.
Commissioner Walters stated that the rules were clear that a verbal resignation could be given and then
referred to what had happened when his resignation was accepted and what followed. Commissioner
Walters commented upon Chief Loizzo's actions. Commissioner Walters then commented upon the
advertisement of the position and that there were fifteen working days for the ad to run. He wondered
how many applications would be received. He also commented on the duties of the Civil Service Board.
Mayor Crispen brought the meeting back to the discussion of the motion and asked for the Commission
to keep their comments to the motion itself.
Commissioner Price discussed the comment of what the Commission's authority was concerning their
direction to the Town Manager. Commissioner Price explained his thoughts on the motion and the effect
it would have on Chief Loizzo and the Town. He reiterated his thoughts concerning the resignation.
The Town Manager was asked to read Chief Loizzo's resignation another time which he did.
The Commissioners had further discussion concerning Chief Loizzo's wording of his letter, what the Town
Manager should do, what would be the effective date and other issues.
Mayor Crispen called for a question and asked the Acting Town Clerk to read the motion again. The motion
was as follows:
COMMISSIONER WILSON MOVED, SECOND COMMISSIONER WALTERS TO ADVISE THE TOWN MANAGER
TO ACCEPT POLICE CHIEF TONY LOIZZO'S RESIGNATION EFFECTIVE AUGUST 31, 2003 BASED ON HIS
VERBAL RESIGNATION TO THE COMMISSION AT THE LAST COMMISSION MEETING HELD ON JULY 16, 2003.
COMMISSIONER PRICE MOVED, SECOND COMMISSIONER WALTERS TO DIRECT THE TOWN MANAGER TO
ACCEPT THE WRITTEN RESIGNATION OF POLICE CHIEF LOIZZO EFFECTIVE SEPTEMBER 2, 2003.
VOTE: AYES (COMMISSIONER PRICE, COMMISSIONER WALTERS, COMMISSIONER WILSON AND MAYOR
CRISPEN) NAY (VICE MAYOR SMITH) MOTION CARRIED 4 TO 1.
Mayor Crispen asked for public and Commission comment.
The Town Manager said that he had accepted the resignation.
Vice Mayor Smith wanted to explain her vote as she was going to vote against it because she did not think
they had the authority.
Commissioner Walters commented that the rules say that you can accept a verbal resignation. He said
that the Commission accepted his so they could accept others.
III. GENERAL ITEMS - removed from agenda.
IV. ADJOURNMENT.
COMMISSIONER PRICE MOVED, SECOND MAYOR CRISPEN TO ADJOURN.
VOTE: ALL AYES. MOTION CARRIED.
The special meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 10:25 p.m.
____________________________________
MARK J. CRISPEN, MAYOR
____________________________________
JANE WILEY, ACTING 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.
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