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Home My WebLink About11221985 .MINUTES §pR C ~AL-~C0~NC iL ME'ET I'NG N, 0VE, M ,~.ER 22,.~.1~85.. SPECIAL C.ITY COUNCIL MEETING NOVEMBER 22, .lOB5 9:DO ~I NU CALLED I0 ORDER AT 9:30 A.M. BY MAYOR 21M GALLAGHER. PRESENT: ABSENT: COUNCILMAN SZELUGA TO THE FLAG. VICE MAYOR L. GENE HARRIS COONCILMAN RICHARD SZELOGA COIJNCILMAN PETER VALLONE _AGHERTHOMAS C. PALMER COUNCILMA1 Ti~NETH flOTH ANNOUNCEMENIS: ~ ~ MAYOR GALLAGHER ASKED if THE COUNCIL HAD AN~--~NNOUNCEMENT5 TO MAKE. THERE BEING NONE, MAYOR GALLAGHER ANNOUNCED TH4T O~N WEDN~DAY, NOVEMBER 20, 1985, THE COUNCIL DENIED THE PARKS AND RECREATION CO~M~TE~ Tgi USE THE COUNCIL CHAMBERS ON DECEMBER ~, 1985, FOR THE PURPOSE OF' SFRVING~ES~N1S [O THE PARTICIPANTS OF THE ANNUAL CHRISIMAS PARADE AND IHE RARES AND RECREATION REQUESTED THAT IHE COUNCIL RECONSIDER %H[S REQUEST AS THE PARADE PA~CIP~A~ALR~Y B~1ICED OF IHE LOCA~]~THf~E~OB~ON~R~M ~E ~U~C L rEM8t:"S M&~Or GALLAGHER ~O ~HE COU~HE~DI~5 ~QU~]D~ECI[~ 2.1~O~HE~IFY CHARIER. MAYOR GA[LAGHER ADVISED IHAI HE SUBMiTIED HIS FINDING WIIH DEEP SADNESS, MAYOR GALLAGHER REQUESTED TttA~ TOE CI~Y CLERK READ HiS LEllER DAIED NO~EMBER 21, 198~, TO C[IY COUNCIL MEHBER5. (SEE AiIACHED). MR. WAYNE MCDONOUGlt, ATTORNEY FOR RALPH E. SMIIH, OB3ECTED TO THE SPECIAL CiTY COUNCIL MEETING, AS HE STATED FHAT HE HAD HEARD OF IT THROUGH THE "GRAPE VINE" AND RECEIVED A COPY OF THE LETTER TO RALPH E. SMITH, HIS CLIENT, DATED NOVEMBER 21, 1985. MAYOR GALLAGHER ADVISED MR. MCDONOUGH IHAT HE WAS OUT OF ORDER AND THAT THiS MEEiING HAD ONLY BEEN CALL TO REPORT TO THE COUNCIL HIS FINDINGS AS REQUIRED IN THE CIIY CHARIER. MR. MCDONOUGH REQUESTED THA1 FOR THE RECORD HE WAS ONLY 1RYING fO PRESERVE HIS CLIENIS RIGHI5 AND THAT HE HAD BEEN IN HIS OPINION DENIED. MAYOR GALLAGHER S'IATFD THAT THE COUNCIL MEMBERS HAD RECEIVED A COPY OF HIS LEI'IER OF FINDINGS, A COPY Of' iHE LETIER MAILED, CF'R1.[FIED, 10 RALPH SMITH, AND A COPY OF THE L. ETTFR RECFIVED FROM ,JOftN FiMERI~K AND A LEiTER 3UST RECEIVED FROM GREGORY J. GORE, SPECIAL COUNSEL, FOR THE RECORD. MAYOR GALLAGHER REQUESTED fHAi AiTORNEY PALMER REAP INTO [H£ RECORD, SECTION 2.~1, OF THE CITY CHAR~ER, REGARDING THE SPECIAL MEETING AND REPORf. AIIORNEY PALMER READ iN'I'U THE RECORD SECTION 2.1 OF IHE CITY CHARTER IN ITS ENTIRETY. (SEE COPY AITACliED). SPECIAL COUNCIL MEETING NOVEMBER 2~, 1985 MINUTES ~L OIly COU~C!k HEElinG MINUIE5 NOVEMBER 72, 1985 PAGE 2 MAYOR GALLAGHER STATED TItAI HE HAD MEET THE REQUIREMENTS OF SECTION 2.11, AND 'IHE CITY CLERK HAD PREVIOUSLY READ THE] LETTER INTO THE RECORD AND IF THE COUNCIL HAD NO OBJECflONS THEY COULD ESTABLISH A DEADLINE DATE OF NOVEMBER 27, 1985, FOR MR. RALPH SMITH TO REQUEST A HEARING AND ESiABLISH TUESDAY, DECEMBER 3, 1965, AT 10:00 A.M. COUNCILMAN VALLONE STATED THAt HE HAD NO OflOECIIONS ESIABLISftING DALES AS I'HE MAYOR HAD RECOMMENDED BUT HE DID OB3ECI lO IHE 10:00 A.M. HEARING TIME, AS HE WORKS II WOULD BE ALMOST IMPOSSIBLE FOR HIM lO ATIEND iHE MEETING AND REQUESIEO THAI THE DECEMBER 3, 1985, MEETING TIME BE CHANGED lO ~:30 P.M. MR. MCDONOUGH SIAIED THAI THE RECORD WAS INCOMPL TE~ND DESIRED TO HAVE PLACED INIO IHE RECORD ADDIIIONAL DEll~'~ION'-~' O~---'~"~MX ~-~SMITH AND EXCERPIS OF THE HOUR ADMINISIflATIVE APPEAL ~N~ INCLUDING ,~IMONY FROM CHIEF NAPPI AND DAVID PUSCHER. HE WOULD ALSO NAIVE MIS ELIENi ~R~GHF5 AND HAVE THE HEARINg NON. II 5~ HOUR ADMIN1SIRAIiV[ APPEAL HEAfllhn~ ~ ,~qD A D[POSIIlON OF LISA BROCK (SMIIH) OF THE STATE OF FLORIDA ~.~. ~RICK FLOOD, JR. TO THE CITY IN litE CASE CLERKS OFFICE NO LATER lHAN 5:00 P.M. THE HEARING ~AN~I ~ON~ A~ON~EN W~D B~AT IHE HEARING AND Al THAI TIME MR. MCDONOUGH COULD 5UBMITI ANY ADDITIONAL INFORMATION HE DEEMED DESIRABLE AND COUNCILMAN SZELUGA SIAIED IHAI HE WAS PREPARED FOR IHE CALL OF IHE QUESIION. MAYOR GALLAGHER STAT'ED F'OR IHE RECORD THAI IF IHE MOl'iON ON THE F'LOOR PASSED IHE PRE--[ERMINAIION HEARING WOULD BE HELD ON IUESDAY, NOVEMBER 26, 1985, AT 4:~0 P.M. ATTORNEY PALMER SLATED THAT 1HE ONLY THING THE COUNCIL HAD TO DECIDE WAS A GROUP II #7 OFFENSE, MAKING FALSE STATEMENTS AGAINST ANOTHER EMPLOYEE OR SUPERVISOR IN THE OPERATION OF CITY BUSINESS. ALL AYES: MOTION CARRIED. MOTION BY VICE MAYOR HARRIS, SECONDED BY COUNCILMAN SZELUGA, THAT UNDER THE CIRCUMSTANCES OF 1HE PARKS AND RECREATION COMMITIEE, ESI'ABLISttlNG THE PARADE PARTICIPANTS TO SERVE REFRESHMENTS IN TttE COUNCIL CHAMBERS THAT WE GRANT APPROVAL AS AN EXCEPfION. COUNCILMAN SZELUGA SIAIED THAT GRANIING OF THIS REQUEST SHOULD IN NO WAY BE CONSIDER A PRECEDENCE. Al,.[. AYES MOTION CARRIED, SPECIAL COUNCIL MEETING NOVEMBER 22, 1985 MINUTES SPECIAL, CI1Y COUNCIL. M£ETING MINUTES NOVI-~'MBER 22.~ 1985. PAGE MOl'ION BY COUNCILMAN VALLONE~ TO ADJOURN SP[CIAL CITY COUNCIL MEEIING ADJOURNED AT 10:O0 A.M. MINUTES SPECIAL CITY COUNCIL 'NOVEMBER 22, 1985 Jim Gallagh®r Mayor City q/ 5ebastmn POST OFFICE BOX 127 113 SEBASTIAN, FLORIDA 32958-0127 TELEPHONE (305) 589-5330 Deborah C. Kr~l City Clark November 21, 1985 RE; Mayor's Report to City Council SPECIAL HEETING= Charter Sectiom 2/~ FRIDAY, NOVF~BER 22, 1985 9:30 A.M. Dear Fellow Councilmembers: As a result of my examtn~in~e matter of discipline concerning Police Officer Ralph Smith and various lallegations about the lack of objectivity of our Police Department, it has becc~n~-~pparent beyond all doubt that Police Officer Smith has established h~mself ~-[ to be fit to continue in his employment with our City. ~ ] In specific, my examination into the Police Department has revealed that Vs. ~e~atr~eFto~,XJr4 ca~e./ ~ ~x~n~ton at$~ 'geats~:hat Police at b~gpos~.ons,~o}iqe~c~ aa,~th aa~ asked ~e~ql questions ~. De a tm t These que t o; were responded to by Police Officer Smlth under oath, M" exa~n~ton of the depositions reveals direct conflicts in Police Officer Smith's sworn testimony which on it's face Indicates that Police Officer Smith lied under oath. His action is a violatioa of Ordinance 0-84-16; Part ii; Sec. 17.03 ~7. "Maklng or publishing false, vicious or malicious statements concerning any employee supervisor, the City, or its operation" and a violat~on covered by Ordlnmnc~ 0-84-~6, Part ii; Sec, 15.07; Dismissal or Discharge, Be advised that Police Officer Smith is suspended without pay, effective Thursday, November 21, 1985, at 2400 hours because he fails to meet prescribed standards of work and has, through his false sworn deposition, exhibited un- acceptable morality and ethics to an extent that makes him unsuitable for the kind of employment in City service in which he was serving at the time of the offense (Ordinance 0-84-16; Part Il; Sec. 15.07; A.) I recommend his immediate termination. Because of the severity of this matter, I exercise waivers through Ordinance 0-84-16; Part II; Sec. 18.04 G and submit this matter under Cha~[~r Section 2.11. Mayor MINUTES SPECIAL CITY COUNCIL NOVEMBER 22, 1985 Jim Gell~gher City of Sebm'tta POST OFFICE flOX 127 fi SEFlASTIAN, FLORIDA 320§8-0127 TELEPHONE (305) 68t}-5330 Olbafah C. Krl~e~ City Clerk Ralph Smith P.0. Box 1237 Sebaatian, FL. 32958 be advtaed that you are auapemded Wt ut pay effective~ Thureday, November 2l. 1985 at 2600 i~oura an4 you~ l~edtate termination te Pa[rick Fiood~ J~. yo~ap~c ~cha'r~ wtt~fe~ ~ ina~ 0-~ make you u,suitabie for employment a~ a Police Officer tn the City of aa outlined tn reaagna for dtamiaaa[ tn Ordinance 0-8~-[61 Pact Iii Sac, is~ accorda~me with Ordinanc~ 0-84-16; Pa~ ii; Sec. ~8.0~ O. a~e Hayor cc; Sebauttan City Council Wayne NcDonough, Attorney personnel File