HomeMy WebLinkAbout1989-10-23 - City Commission Special Meeting Minutes7525 NORTHWEST 88TH AVENUE TAMARAC, FLORIDA 33321-2401
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RECORD OF COUNCIL ACTION/DISCUSSIONS
NOTICE OF SPECIAL MEETING
CITY COUNCIL OF TAMARAC, FLORIDA
CONTINUANCE OF PUBLIC HEARING
There will be a Special Meeting of the City Council held on
Monday, October 23, 1989, at 1:30 p.m. in Conference Room #1
(Room 103), City Clerk's Office, City Hall, 7525 N.W. 88th
Avenue, Tamarac, Florida 33321.
The purpose of this meeting is to continue a public hearing
requested by John F. Montalvo, Jr., pursuant to Section 52.02
of the City of Tamarac Personnel Manual to appeal a personnel
decision of the City Manager relating to the employment of
John F. Montalvo, Jr.
Additional public hearings may be called if necessary.
All meetings are open to the public.
FINAL ACTION:
The City Council DENIED the Appeal of the termination of
John F. Montalvo, Jr. and they upheld the City Manager's
decision on this case.
CAE/nr.
f
Carol A. Evans
City Clerk
Pursuant to Section 286.0105, Florida Statutes
If a person decides to appeal any decision made by the city
Council with respect to any matter considered at such meeting or
hearing, he will need a record of the proceedings and for such
pq pose, he may need to ensure that a verbatim record includc,3
N. testimony and evidence upon which the appeal is to be based
AN EQUAL OPPORTUNITY EMPLOYER
POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS
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CITY OF TAMARAC
CITY COUNCIL SPECIAL MEETING
MONDAY, OCTOBER 23, 1989
CALL TO ORDER: Mayor Abramowitz called this meeting to Order on
Monday, October 23, 1989 at 1:30 P.M. in Conference Room #1 (City
Clerk's Office) .
PRESENT:
Mayor Norman Abramowitz
Vice Mayor Dr. H. Larry Bender
Councilman Bruce Hoffman
ABSENT AND EXCUSED:
ALSO PRESENT:
Councilman Henry Rohr
Councilman Jack Stelzer
John P. Kelly, City Manager
Richard Doody, City Attorney
Alan F. Ruf, Consulting City Attorney
Pauline Walaszek, Special Services
Secretary
The purpose of this meeting is to continue a public hearing
requested by John F. Montalvo, Jr., pursuant to Section 52.02
of the City of Tamarac Personnel Manual to appeal a personnel
decision of the City Manager relating to the employment of
John F. Montalvo, Jr.
SYNOPSIS OF ACTION:
DENIED the appeal of John F. Montalvo, Jr.,
and UPHELD the decision of the City Manager
regarding the dismissal of Mr. Montalvo.
Mayor Abramowitz said the City Council received the legal
briefs from the Attorneys.
Charles Whitelock, Attorney representing John F.
Montalvo, Jr., said a Councilmember was absent and C/M
Hoffman said C/M Stelzer was absent because he was ill.
Mayor Abramowitz said C/M Stelzer was absent and excused
because he was ill; however, there was a quorum of the
City Council. He said C/M Stelzer has not attended the
City Council meetings for several months.
Attorney Whitelock asked if there was any chance that C/M
Stelzer may be returning and Mayor Abramowitz said he did
not know. Mayor Abramowitz said C/M Stelzer was now out
of intensive care. He said he did not know what C/M
Stelzer would be doing in the near future.
Attorney Whitelock said it was a shame that C/M Stelzer
attended the meetings for one year and C/M Hoffman asked
if Attorney Whitelock objected to proceeding.
City Manager Kelly said C/M Stelzer was placed in the
hospital because he was seriously ill and Attorney
Whitelock asked if C/M Stelzer was expected to return to
his position. City Manager Kelly said this was not
known.
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Mayor Abramowitz said C/M Stelzer has been excused from
every meeting since he has been ill and Attorney
Whitelock said it was a disadvantage for his client.
Attorney Whitelock objected to the absence of C/M Stelzer
on behalf of Mr. Montalvo. He said C/M Stelzer has
attended all of the hearings on the matter and today's
hearing was very crucial; therefore, he and his client
were concerned with C/M Stelzer's absence.
Mayor Abramowitz said he understood Attorney Whitelock's
concern; however, this was a circumstance that could not
be changed. He said C/M Stelzer has not been to any
meetings since he became ill.
City Manager Kelly said C/M Stelzer has not been at City
Hall since he became ill and Attorney Whitelock asked if
C/M Stelzer was expected to return to his position.
C/M Hoffman said this was not known. He said if three
Councilmembers voted in the same manner, a third or
fourth vote would not change the decision. He said the
City Council must have three votes for or against the
proposition in order for the vote to carry.
Mayor Abramowitz said the City Council received the legal
briefs from the Attorneys and he read the briefs several
times. He said he wrote remarks that he would read into
the record and he would ask the Councilmembers to express
their opinions. He said after the City Council remarked
on the Case, a Motion should be made regarding the Case.
City Attorney Doody said he would draft an Order, which
set out Finding of Facts and Conclusions of Law. He said
the Order would be based on the City Council's
discussions at this meeting.
Mayor Abramowitz said this has been a very difficult Case -
because both sides presented their positions very well
and both Attorneys did a great job of representing their
clients. He said the City Council has been asked to
review the termination of Mr. Montalvo and render their
judgement based on facts and testimony.
Mayor Abramowitz said the Attorneys on both sides seemed
to agree that sexual harassment can be of two types, 1)
hostile work environment and, 2) Quid Fro Quo request
(something in return for sexual favors) . He said he
believed that the testimony presented made very clear
that Elena Logan felt very uncomfortable at her work
place because of Mr. Montalvo's advances.
Mayor Abramowitz said both individuals took a risk when
they decided to date each other because it was mixing
social life and work, which could be dangerous. He said
he agreed with the City's position that Mr. Montalvo's
after hour visits, anonymous notes and flowers, vandalism
of Ms. Logan's car and apparent threat to Ms. Logan's job
made Ms. Logan feel threatened in her employment
situation with the City. He said Ms. Logan's testimony
also indicated that Mr. Montalvo's actions also placed
her in a position where she feared for her safety and
well being.
Mayor Abramowitz said common sense must prevail in this
Case and the testimony was clear that the City Manager
met both Mr. Montalvo and his previous Attorney, Jane
Hendricks, individually. He said there was a great deal
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of discussion between these parties and Mr. Montalvo knew
exactly what he was being charged with. He said when the
City Manager asked Mr. Montalvo to desist in his actions
and stop the harassment, Mr. Montalvo stated that he
could not and would not stop.
Mayor Abramowitz said he believed Mr. Montalvo acted
improperly in this situation, particularly in view of his
Supervisory position with the City. He said the City
Manager had no other alternative under the circumstances
but to act as he did. He said he would vote to uphold
the City's action in this Case.
C/M Hoffman said the City Council listened to many hours
of testimony and eloquent arguments presented by three
Attorneys. He said as a layman of law, he found much of
the legal presentation to be very confusing. He said he
did not believe that it was his function to waive legal
technicalities of the Case.
C/M Hoffman said he believed that he was responsible to
merely determine whether or not he believed Mr.
Montalvo's actions constituted sexual harassment and, if
so, whether or not the City Manager acted properly in
handling the Case.
C/M Hoffman said when a person in a position of authority
used his authority to attempt to force his attentions
upon his subordinate against the subordinate's will, a
condition of sexual harassment was automatically present.
He said he did not believe that a previously, mutually
agreeable and compatible relationship in any way would
deny a woman of her right to terminate such a
._relatiopship nor did it deprive a woman of the right for
�rormal protection at the work place.
'C/M Hoffman said he was convinced that Mr. Montalvo did
make threatening remarks, which led Ms. Logan to fear for
her safety. He said Mr. Montalvo did write anonymous
letters to Ms. Logan, which he now admitted after the
Police found his finger prints on the letters and it was
determined that the letters were typed on equipment in
Mr. Montalvo's office.
C/M Hoffman said placing chewing gum in the door handle
of Ms. Logan's car was also a form of harassment. He
said the City Manager met with Mr. Montalvo and his
Attorney on several occasions and both knew of the
charges the City Manager was placing against Mr.
Montalvo.
C/M Hoffman said if the City Manager acted improperly in
any way, it was to protect Mr. Montalvo from the stigma
of a pgblic charge of sexual harassment. He said he did
not believe that the City Manager's actions should
deprive him of his right and responsibility to protect
the City and its employees from what he considered to be
improper actions.
C/M Hoffman said he would vote to uphold the City
Manager's decision.
V/M Bender said he read the legal briefs submitted by
Attorney Whitelock, which summarized the proceedings in
great detail. He said in reaching his conclusion, a
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significant factor was considered, which was that Mr.
Montalvo was employed by the City in a position as a
Supervisor.
V/M Bender said based upon the testimony presented, Mr.
Montalvo acted in an irresponsible manner as a Supervisor
at the work place with a City employee named. Elena
Logan. He said he supported the position that sexual
harassment was evident as setforth in the Closing
Arguments of Issues 2, 3 and 4, as presented by the
Counsel for the City, Alan F. Ruf.
* C/M Hoffman MOVED to DENY the appeal of the termination
* of John F. Montalvo, Jr., SECONDED by V/M Bender.
City Attorney Doody said the Personnel Manual indicated
that a decision be made on the City Manager's actions and
he suggested that this be included in the Motion.
* C/M Hoffman AMENDED his Motion to include that the City
* Council UPHELD the decision of the City Manager, V/M Bender
* AMENDED his Second.
VOTE:
ALL VOTED AYE
With no further business, Mayor Abramowitz ADJOURNED this
meeting at 1:55 P.M.
NO 4AN ABRAMOWITZ, MAYOR
CAROL A. EVA S, CITY CLERK
"This public document was promulgated at a cost of $48.20 or $6.03 per
copy to inform the general public, public officers and employees of
recent opinions and considerations of the City Council of the City of
Tamarac."
Cff Y OF TAMARAC
APPROVED AT MEETING OF / g9
City Clerk
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