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HomeMy WebLinkAbout03051984NOTICE OF SPECIAL MEETING THE SEBASTIAN CITY COUNCIL WILL HOLD A SPECIAL COUNCIL MEETING ON MONDAY, MARCH 5, 1984, IN THE SEBASTIAN CITY COUNCIL CHAMBERS AS REQUESTED BY THREE COUNCIL MEMBERS TO DISCUSS THE SUSPENSION OF CHIEF GERALD NAPPI~ AT 4;00 P.M. ALL INTERESTED PARTIES ARE INVITED TO ATTEND ....................... Elizabeth Reid Deputy City Clerk SPECIAL COUNCIL MEETING CITY OF SEBASTIAN MARCH 5, 1984 SPECIAL MEETING, OF THE CITY OF SEBASTIAN, CITY COUNCIL CALLED TO ORDER BY MAYOR PAT FLOOD, JR., AT 4:00 P.M. PRESENT: VICE MAYOR ROBERT FITZMAURICE COUNCILWOMAN DOROTHY MCKINLEY COUCILMAN JAMES GALLAGHER COUNCILMAN RICHARD SZELUGA CITY ATTORNEY DANIEL KILBRIDE MAYOR PAT FLOOD, JR. MINUTES SPECIAL MEETING MARCH 5, 1984 CITY ATTORNEY DANIEL KILBRIDE STATED THAT THIS SPECIAL MEETING WAS CALLED AT THE REQUEST OF THREE COUNCIL MEMBERS AND SET AT THIS TIME TO DISCUSS THE SUSPENSION OF POLICE CHIEF GERRI NAPPI. ATTORNEY KILBRIDE ALSO EXPLAINED THAT HE HAS RECEIVED NOTIFICATION FROM ATTORNEY RUSSELL PETERSEN STATING THAT HE WOULD BE REPRESENTING MAYOR PAT FLOOD IN BRINGING THIS CASE BEFORE THE COUNCIL. SINCE, ATTORNEY PETERSEN WAS UNABLE TO ATTEND THIS MEETING, ATTORNEY GREG GORE WILL ACT IN HIS BEHALF. KILBRIDE STATED THAT IT WAS HL~ RECOMMENDA~I~ TO THE MAYOR THAT HE SEEK SEPARATE COUNCIL FOR THE PURPOSE OF PROSECUTING THI~ C~SE. THE GENERAL POWER TO ADOPT ITS OWN CHARTER, CONDUCT ITS OWN GOVERNMENT, AND CONSTITUTE ITS OWN GOVERNMENT IN/~ W~J--~HEY SEE FIT AND UNDER THE MUNICIPAL HOMERULE POWERS ACT, AND UNDER I~H~ C~AR~-R OF THIS CITY, THE MAYOR HAS BEEN GRANTED THE AUTHORITY AS CHIEF ADMiNIST~TOR AND CHIEF EXECUTIVE OF THIS CITY AND AS SUCH HAS THE DUTY TO ADMINIST£R T~E DEPARTMENT UNDER HIS JURISDICTION? ALSO UNDER THE CHARTER THE MAYOP IS ~ V~TING MEMBER OF THIS COUNCIL AND IN ALL PROCEEDINGS IS THE PRESIDING OF~ A2V~ HAS THE RIGHT TO VOTE. THERE IS A STATE LAW WHICH REQUIRES CITY OFFICIALS--~HAT SIT ON COUNCIL TO VOTE IN ALL INSTANCES EXCEPT WHERE THERE IS A FINANCIAL CONFLICT. ATTORNEY GO IA TH HA BEEV ADEQU TI ' BEHALF OF THE MAYOR'S OFFA,C~TO P~PAR~'~OR~ TWi~S ~A~ING A.VD REQU~TE~D THAT THE COUNCIL SET SU MiT A CO , Of A E_ IZ tBF \REI STATING THAT A TO PREPARE. COUNCILMAN GALLAGHER COMMENTED ON FOUR AREAS IN THE LETTER OF SUSPENSION AND FELT THAT THE MAYOR SHOULD BE PREPARED TO BACK UP HIS CHARGES AND IF NOT HE DID NOT ACT VERY RESPONSIBLE IN SUSPENDING THE CHIEF OF POLICE. ATTORNEY SALIBRA, READ BACK A VERBATIM TRANSCRIPT FROM THE MAYOR'S CONFERENCE HELD ON FEBRUARY 29, 1984 INDICATING THAT THE MAYOR WAS IN AGREEMENT TO HOLD THIS MEETING, MONDAY, AT 4:00 P.M. AND REQUESTED THAT THE COUNCIL PROCEED AT THIS TIME. ATTORNEY KILBRIDE STATED THAT THIS MEETING CAN BE CONVENED AND THAT IT HAS BEEN PROPERLY CONVENED, HOWEVER, INVIEW OF THE FACT THAT THE MEETING WAS OFFICIALLY CALLED BY THE MAYOR'S MEMO, CONTRARY TO THE DIFFERENT DATE OF MARCH 5TH BY THREE COUNCIL MEMBERS OF THE COUNCIL, AND THE MAYOR STATING THAT HE HAS NOT HAD ADEQUATE TIME TO PREPARE, THAT IT WOULD BE INAPPROPRIATE FOR THE COUNCIL TO INSIST THAT THE MAYOR PROCEED. MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, THAT WE PROCEED. COUNCILMAN SZELUGA COMMENTED THAT HE SINCERELY FELT THAT IN ORDER TO SUBSTANTIATE THESE CHARGES, THE MAYOR WOULD BE READY AT ANY TIME ANY PLACE TO BACK THEM UP. ROLL CALL VOTE: AYES: COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER NAYS: VICE MAYOR FITZMAURICE MAYOR FLOOD MOTION CARRIED MINUTES SPECIAL MEETING MARCH 5, 1984 MOTION BY VICE MAYOR FITZMAURICE, TO UP HOLD THE SUSPENSION OF CHIEF NAPPI. MOTION DIED, LACK OF SECOND ATTORNEY SALIBRA STATED THAT THERE HAS NOT BEEN SUFFICIENT TESTIMONY OF DOCUMENTED EVIDENCE PRODUCED TO SUPPORT THE ALLEGATIONS MADE. HE SUBMITTED THAT THE CHIEF BE REINSTATED AND THAT THE MAYORS LETTER OF FEBRUARY 29, 1984, RECOMMENDING CHIEF NAPPI'S SUSPENSION BE REVERSED. MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, TO REINSTATE CHIEF GERALD NAPPI IN HIS POSITION OF CHIEF OF POLICE AND IN THIS MOTION IT BE RECOGNIZED THAT THERE WERE NOT GROUNDS TO SUBSTANTIATE THE CHARGES CONTAINED IN A LETTER OF SUSPENSION DATED FEBRUARY 29, 1984 FROM MAYOR PAT FLOOD AND IN PART OF THIS MOTION, THAT THE CHIEF OF POLICE BE SIGNED UNDER THE DIRECTION OF THE POLICE COMMITTEE AND THE CHAIRWOMAN MRS. MCKINLEY UNTIL AT LEAST AFTER THE ELECTION. IN RESPONSE TO VICE MAYOR FITZMAURICE'S COMMENTS, ATTORNEY MCDONOUGH, ALSO REPRESENTING CHIEF NAPPI, STATED THAT THE MAYOR HAS THE DUTY TO COME FORWARD TO SUPPORT HIS ALLEGATIONS AND THAT HE HAS FAILED TO DO THAT TODAY AND AS A RESULT OF THAT FAILURE, CHIEF NAPPI SHOULD BE REINSTATED IMMEDIATELY. COUNCILMAN GALLAGHER WITHDREW HIS MOTION, SECOND WITHDRAWN BY COUNCILWOMAN MCKINLEY. GERALD NAPPI BE REINSTATED AS C~HIEF OF ?OL~C~ /OF THE CITY OF SEBASTIAN AND THAT THE COUNCIL BY THEIR VOTE 1NDICAIE THAT THE~ ~RE OF THE OPINION ACCUSATIONS CONTAINED IN THE LETTER OF SJ~NSiON ,D~TEDIFFBRUARY 29, 1984 THAT SUSPENDED GERRI NAPPI, THE CHIEF OF ~ A.__kE [I?OUN~ AND UNSUBSTANTIATED. VICE MAYOR FITZMAURICE STATED THAT HE FOUND FAULT WITH THE SECOND PART OF THE MOTION, INDICATING THAT EVIDENCE~UN~TANTIATED SINCE THE MAYOR HAS NOT HAD AMPLE OPPORTUNITY TO DEVELOPE HIP ,WASE. ~ COUNCILMAN SZELUGA FELT THE WORDI~C- OF T~i~ MOTION WAS IMPROPER SINCE THE ONLY EVIDENCE THAT WAS PRESENTED HERE ~ ~Tr~RNEY GORE RELATIVE TO THE SUSPENSION OF MR. NAPPI IS THE PAYMENT OF 0 ~_~M~WITHOUT AUTHORIZATION, WHICH HASN'T BEEN DISCUSSED OR CLEARED UP. HE FELT IF THIS PARTICULAR POINT COULD BE CLEARED UP THEN MAYBE WE CAN COME UP WITH A GOOD DEFINITIVE MOTION. D) / ~¥~A Y ~-~. ~-t~ C E "9~ Y O R ~-Z T Z M-A"~ A~I-C E ~-~ MAYOR FLOOD MOTION CARRIED. THERE BEING NO FURTHER DISCUSSION, MEETING ADJOURNED. CITY CLERK MAYOR MINUTES APPROVED AT REGULAR COUNCIL MEETING ON JUNE 13, 1984.