Fort Walton Beach Council agenda — 11-13-2007 regular agenda — reading text

investigation into this matter. in his to the City Mr. Miller noted that the Finance Director has brought new and innovative ideas he has which can help the City to run efficiently at the lowest cost. Mr. Miller also noted and has been impressed with her witnessed many of the Finance Director' presentations s knowledge and expertise. The Mayor called for the vote on the motion to authorize an investigation into the conduct Finance Director, Lisa Absher, and it failed by a vote of 3 to 4 with Holmes, Reeves, and of the Minich U in favor and Miller, Garvie, Pullen, and Hartwell opposed. INVESTIGATION OF CONDUCT OF CITY MANAGER Consideration of a discussion relating to Charter Section 12 with the Council in regard to Shanahan. conducting an investigation into the conduct of the City Manager, Joyce Dr. Pullen withdrew his item to discuss an investigation of the conduct of the City Manager, and that the majority of Council has voted to move forward with the business of the City. He stated to retain the current Charter Officers; and that the Charter Officers have the previously responsibility ofbeing mature and adult enough to work together for the betterment of the City. The City Attorney clarified that this was an appropriate action and no further discussion was needed. DISCUSSION OF COUNCIL DECORUM c Consideration of a discussion on 1) the decorum of the City Council Meetings; ( 2) review the and ( 3) to counter the concept of how a councilman assumes and performs his responsibilities; the Oct 9 Council meeting by the Mayor and two Councilmen. allegations made against me at Mr. Miller expressed his concern regarding the lack of decorum directed toward him during and He voiced his concerns the next day to the City after the Council meeting of October 9. after the telecast and reading a verbatim of the Manager and the City Attorney, and reviewing issue in question, he did not feel like anyone acted like gentlemen during the meeting. He cited during disagreement in views, and the need for politeness and civility during meetings, even a he felt like he was personally attacked verbally. he asks Mr. Miller stated that allegations were made toward him at the meeting, and that when someone else questions the person to whom it is directed to does not respond, but 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 the meetings, and that only one person, the moderator, should be conducting the meetings. the Mr. Miller stated he was twice accused of a misdemeanor by a fellow councilmember after 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 should be moved from one supervisor to another, and of supposed wrong doings in regards to dealing with developers. c'  4__._'___ 197 1 0/ 23/ 07 Regular Council COUNCIL DECORUM ( CaNT) Mr. Miller read' Section 6. 16 of the Charter, which states " Council shall not interfere in appointments or removals, violation a misdemeanor," and he does not believe he committed a misdemeanor. He asked the City Attorney, via e- mail, on October 16, whether he has been performing his duties as a council person 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 He stressed his strong feeling that Council be aware and well- informed of City. 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 thatyes. youcan.tmakesuggestionsonwhatgoesonintheCitystaff. Mr. Minich stressed that talking to developers before a quasi- judicial proceeding is not the way the City c 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 councilmember called. The City Manager advised if the attorney bills the will pay, but that is not always the case. She reminded Council the City not only 1 City,the City 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. J Mr. Garvie stated the importance of decorum, and agreed that all of Council needs to watch their decorum. c 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 10/ 23/ 07 Regular Council COUNCIL DECORUM ( CONT) c She advised Mr. Miller that his question was very broad in nature, and that she called the bottom line was that it following day advising that his question was complicated, and that the was not a legal issue but an issue of and procedures on the Council. She continued protocol 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 sent Mr. interferes with their job is the City Manager. She further informed the City Manager Miller an e- mail Mr. Minich. The him he was telling interfering consistent, although definitely delivered in Minich' s e- mail to anyone who requests it. in her job, and that is the same advice she gave City Attorney