Fort Walton Beach Council minutes — 10-23-07 regular minutes — reading text

as it is an embarrassment to the City, and the way it can end is with an impartial look to what is going on, if anything, and that it is Council' s responsibility to focus on the business of the residents, employees, and budget of the City, and not bicker about personalities among the City' s Charter Officers. Mr. Hartwell advised he does not pick ' that he sides with what is correct, moral, and effective in administrative sides,' and leadership techniques. He expressed a concern that one investigation of a department may lead to an investigation of another department, then be followed with an investigation on this Charter Officer, then another, and that somewhere things would stop making sense. Mr. Hartwell also stated his feeling that all this bickering will scare off business, that developers will read about the unrest at City Hall and will not want to do business in the City, and this will hurt everyone.  196 10/23/ 07 Regular Council INVESTIGATION OF CONDUCT OF FINANCE DIRECTOR ( CONT) Mr. Garvie stated he was an investigator at the highest levels of government, and that in his professional opinion there is no need for an investigation into this matter. Mr. Miller noted that the Finance Director has brought new and innovative ideas to the City which can help the City to run efficiently at the lowest cost. Mr. Miller also noted he has witnessed many of the Finance Director' s presentations and has been impressed with her knowledge and expertise. The Mayor called for the vote on the motion to authorize an investigation into the conduct of the Finance Director, Lisa Absher, and it failed by a vote of 3 to 4 with Holmes, Reeves, and Minich in favor and Miller, Garvie, Pullen, and Hartwell opposed. I INVESTIGATION OF CONDUCT OF CITY MANAGER Consideration of a discussion relating to Charter Section 12 with the Council in regard to conducting an investigation into the conduct of the City Manager, Joyce Shanahan. Dr. Pullen withdrew his item to discuss an investigation of the conduct of the City Manager, and to move forward with the business of the City. He stated that the majority of Council has voted previously to retain the current Charter Officers; and that the Charter Officers have the of responsibility mature and adult enough to work together for the betterment of the City. being The City Attorney clarified that this was an appropriate action and no further discussion was needed. DISCUSSION OF COUNCIL DECORUM Consideration of a discussion on 1) the decorum of the City Council Meetings; ( 2) review the concept of how a councilman assumes and performs his responsibilities; and ( 3) to counter the allegationsmade against me at the Oct 9 Council meeting by the Mayor and two Councilmen. Mr. Miller expressed his concern regarding the lack of decorum directed toward him during and after the Council meeting of October 9. He voiced his concerns the next day to the City Manager and the Attorney, City and after reviewing the telecast and reading a verbatim of the issue in question, he did not feel like anyone acted like gentlemen during the meeting. He cited the need for politeness and civility during meetings, even during a disagreement in views, and he felt like he was personally attacked verbally. Mr. Miller stated that allegations were made toward him at the meeting, and that when he asks questions the person to whom it is directed to does not respond, but someone else answers. Mr. Miller referenced comments made by the Mayor stating that Council discussions of late tend to turn to the day- to- day operations of the City, including where Staff should be placed and how to market the Golf Course. Mr. Miller alluded that the Mayor receives unsolicited assistance in conducting themeetings, and that only one person, the moderator, should be conducting the meetings. Mr. Miller stated he was twice accused of a misdemeanor by a fellow councilmember after the Mayor made allegations of using e- mails to suggest that City employees be placed someplace else way below the Charter Officers and that an employee of the City' s Finance Department I should be moved from one supervisor to another, and of supposed wrong doings in regards to dealing with developers. I t  197 Regular Council 10/23/ 07 COUNCIL DECORUM ( CONTI Mr. Miller read Section 6. 16 of the Charter, which states " Council shall not interfere in appointments or removals, violation a and he does not believe he committed a misdemeanor," misdemeanor. He asked the City Attorney. via e- mail. on October 16, whether he has been performing his duties as a councilperson that deems criticism from the Mayor and other councilmembers, and cited Florida Statute 166. 021, Definition of Officer. The City Attorney' s response by phone was that essentially he was right, the Statute tells what one shouldn' t do. Mr. Miller further stated he was chastised for requesting the resume and a job description of a City employee to ascertain her qualifications as the individual was selected to negotiate on behalf of the City. He stressed his strong feeling that Council be aware and well- informed of what is going on in the City, and that is what he has done; he asks questions, he reads the Charter, and the only thing he wants to do is to be able to make wise decisions, and he does not feel it is right that he was accused of a misdemeanor. in public, and nothing was said about it. He asked Council to be civil with one another and the citizens of the City, and to address the issues in a mature, respectful manner. Mr. Minich countered Mr. Miller' s comments, stating that meetings are governed by Roberts Rules of Order thereby anyone who sees a violation of the rules has a right to say so, and as a member of Council, if he sees a violation he will bring it up anytime he sees fit. Mr. Minich continued that at the October 9 meeting, Mr. Miller brought up a motion not on the agenda after the agenda was accepted, and that when the City Attorney advised that Council should not address a quasi-judicial issue Mr. Miller said he didn' t care. Mr. Minich said he contacted the City Attorney after that meeting to ask if Mr. Miller had violated the Charter and she replied via e- mail that yes, you can' t make suggestions on what goes on in the City staff. Mr. Minich stressed that talking to developers before a quasi- judicial proceeding is not the way the City does business; that everyone has to go by the rules. Mr. Minich further informed that Council is not full time employees of the City; they are here to make executive decisions and are not here to run the City, the City Manager has the responsibility to run the City under the Council/ Manager form of government. Mr. Minich commented he does not always practice the best decorum; however, when he feels someone is behaving out of the rules he becomes upset. He also commented that questions directed toward the City Manager, especially in e- mails, should be asked in a respectful manner, and not in a demanding tone. Dr. Pullen advised he has read the Charter numerous times and it is his opinion that City Council has the ultimate responsibility of being aware of everything done in the City and by the City staff. He stated the City Manager has the responsibility to carry out the decisions of the majority of Council. He also discussed the right for Council to be able to attend any City meeting as long as they do not interfere. When questioned, Dr. Pullen advised he was told that he cannot attend weekly Staff meetings held with the City' s department directors. Dr. Pullen questioned who paid for the services of the labor attorney in regards to the Finance Director issue when a council member called. The City Manager advised if the attorney bills the City, the City will pay, but that is not always the case. She reminded Council the City not only has a City Attorney. but attorneys in specialized fields and Council has talked to them in the past, and if billed the City has the responsibility to pay for the services. Mr. Garvie stated the importance of decorum, and agreed that all of Council needs to watch their decorum. Mr. Miller questioned why the City Attorney responded to his e- mail question about his violating the Charter by telephone, yet Mr. Minich stated when he e- mailed the question to her, she responded to Mr. Minich via e- mail. The City Attorney advised Mr. Miller that as she does with each councilmen, she takes into consideration the true question being asked. 198 Regular Council 10/ 23/ 07 COUNCil DECORUM ( CO NT) She advised Mr. Miller that his question was very broad in nature, and that she called the following day advising that his question was complicated, and that the bottom line was that it was not a legal issue but an issue of protocol and procedures on the Council. She continued that Mr. Minich' s question was very direct; he asked if it was a violation and she responded the same way, that it could be construed that way, and that the person who determines if Council interferes with their job is the City Manager. She further informed the City Manager sent Mr. I Miller an e- mail telling him he was interfering in her job, and that is the same advice she gave Mr. ~ ees itniCth. ItThhe ChitdY fiAt~ornl edY Sl. tatedd ~hed.: consls en , a oug e Inlte y e Ivere In IlIeren ther adviceStho bOdth. Mrd. tMh iltlerhand'IIMinicdh Mas .... manner. e a vise a s e WI sen r. Minich' s e- mail to anyone who requests it. Mr. Miller stated all he asked for was for a resume and background experience on a City employee so he would know in his mind that the individual had the experience and qualifications needed to be on a board to negotiate for the City, and he feels that the employee is well qualified and an excellent employee. The City Manager advised it was her decision as to who represents the City in the negotiation process, and it was her opinion the employee is qualified for the task. She explained that