HomeMy WebLinkAbout1980-02-11 - City Commission Special Meeting MinutesL_
5811 NORTHWEST 88TH AVENUE TAMARAC, FLORIDA 33321
TELEPHONE (305) 722-5900
February 8, 1980
CITY OF TAMARAC
CITY COUNCIL
NOTICE OF SPECIAL MEETING
The Tamarac City Council will hold a Special Meeting on
Monday, February 111h, 1980 at 10:30 A.M., in the Council
Chambers at City Hall, 5811 N.W. 88th Avenue, on the First
Floor.
The following matter will be discussed:
ITEM #1 Discussion and possible action concerning
the Chief Building Official and the
Building Department.
Council may consider such other business as may come before it.
All interested citizens are invited to attend.
Marilyn Bertholf
CITY CLERK �W -
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CITY OF TAMARAC, FLORIDA
SPECIAL IIEETI14G
February 11, 1980
CALL TO ORDER: Mayor Falck called the Special Meeting to order on
Monday, February 11, 1980, at 10:30 A.M., in the Council Chambers.
ROLL CALL: PRESENT: Mayor Walter W. Falck
Vice -Mayor Helen Massaro
Councilman Irving M. Disraelly
Councilman Larry Wiener
Councilwoman Marjorie Kelch
ALSO PRESENT: City Manager, Edward A. Gross
City Attorney, Arthur M. Birken
City Clerk, Marilyn Bertholf
1. Discussion and possible action concerning the Chief Building Official
and the Buildin De artment.
SYNOPSIS OF ACTION: Chief Building Official, Ben Eigner,
terminated; Albert Miller appointed as Acting Chief
Building Official.
Mr. Gross indicated that the City Attorney, the Consulting Attorney
and he reviewed the evidence obtained by the State Attorney's office,
which related to the alleged bribery attempt by the former Chief
Building Official, Ben Eigner. Fie stated that after such review,
he terminated Mr. Eigner's position with the City, which was felt to
be for the good and welfare of Tamarac.
Mr. Gross requested the City Council to confirm the termination of
Ben Eigner, by the City Manager's office, as required by Section 5.4A
of the City Charter. He indicated that it was with deep regret and
sorrow that this action was taken, because he did have complete faith
in Mr. Eigner's knowledge and ability. It was noted by him that a
letter of termination was delivered to Mr. Eigner, with copies to
the City Council; also, having distributed copies of the indictment
to Council, prior to this meeting.
V/M Massaro said that she would not make a determination, as to the
serious charges made against the Chief Building Official, by the Grand
Jury of Broward County. She felt that Council did have very serious
responsibilities with respect to the enforcement of the South Florida
Building Code, the City Charter and the Code of Ordinances, and was
sometimes difficult to live -up to these terms.
She confirmed the action taken by the City Manager, and MOVED that
Ben Eigner, the Chief Building Official, be terminated, for the reasons
stated by Mr. Gross, in his letter of termination to Mr. Eigner, plus
additional items:
1) Conduct unbecoming a City employee.
2) Conduct tending to bring discredit upon the City.
3) Conduct constituting a violation of his oath of employment.
4) Conduct constituting illegal activity, to wit, the commission of
a criminal offense, in violation of Section 838.015 Florida Statute.
5) The Chief Building Official, having a pending personal injury claim,
due to an accident, which according to his statement, occurred at
the Woodmont Country Club, may have been in violation of our Con-
flict of Interest Ordinance, Section 2-17 of the Code of the City
of Tamarac; by exercising jurisdiction with respect to issuance
of demolition permits, etc.
6) The serious charges which were the basis for an indictment, which
was issued against him by the Grand Jury of Broward County.
7) That Mr. Eigner be entitled to his grievance and appeal rights,
as prescribed in the Personnel Rules of the City.
C/M Disraelly indicated that he worked closely with Mr. Eigner, and
after reading the indictment, was torn by the entire situation. He
felt that the State Attorney has presented a sufficient case and
evidence to the Grand Jury, and SECONDED THE MOTION with reluctance
and regret.
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C/W Kelch inquired of the City Attorney and
whether this could be accomplished through
time as the verdict has been adjudicated.
the City Manager, as to
a suspension, until such
Mr. Birken said this option was available to Council, but stated that
the motion indicated a right by Mr. Eigner, to a full hearing before
Council, under the Personnel Rules, which could be requested. At
that time, he said, his case could be presented, through his attorney,
if so desired. Council, he said, would have all the details, and
the City could present its case, if it was the will of Mr. Eigner.
The City Attorney said that if Mr. Eigner could convince Council as
to his being reinstated, it would be their decision to do so.
C/W Kelch inquired as to the termination route being the best way to
go at this time, with appeal, rather than suspension, to which the
City Attorney responded that it was the recommendation of the City
Manager. He said that it was his intention to advise Council as to
Legalities, but felt that the evidence was clear, and the termination
action was eminently defensible.
V/M Massaro indicated that she thought of suspension, without pay.
She also inquired whether Mr. Eigner was notified of this meeting,
and given a copy of the agenda, in order for him to defend himself
in the action taken by Council.
C/M Disraelly WITHDREW HIS SECOND, because he felt that he was carried
away by the indictment. lie further noted that it was a sealed indict-
ment, and said that it was surprising to him that the newspaper person-
nel were in his office at 11:00 o'clock on Friday morning, and that
there were TV cameras in front of City Hall, at the same time. He
wondered how the information was exposed, especially if it was a sealed
indictment. C/M Disraelly referred to suspicion of alleged criminal
action in the Police Department, which involved suspension of individ-
uals, with terminations and resignations at a later date, after submis-
sion of additional evidence.
Mayor Falck relinquished the gavel to the Vice -Mayor, and SECONDED
THE MOTION that was made by V/M Massaro.
C/M Wiener said that under the American rights, a person is innocent
until proven guilty, no matter how dastardly the deed may be, that
the individual is accused of. He further added that under the Charter
and laws, a person is entitled to a hearing, and would concur with
this decision, if a replacement is not appointed. Then, in turn, he
stated, should this man be proven innocent, he would have the right to
be reinstated in the position.
Mr.Birken said that the actions taken in the Police Department were
handled as soon as the City Manager submitted the necessary information.
He also stated that there were terminations in the Police Department.
In this instance, he noted, there was compelling evidence which would
be brought forth at a hearing or at a trial, but was very clear. The
City Attorney additionally stated that the City Manager took action,
upon receipt of the necessary information.
Mr. Birken advised that if there is a termination, Mr. Eigner was still
entitled to a full hearing within a matter of weeks, and his case could
be presented to Council, for their final decision. If, he said, a sus-
pension is given, then action would still be required for termination,
and would additionally require two procedures. Mr. Eigner would have
the right to appeal the suspension and also the termination.
C/M Disraelly said if action is taken, and an appeal is made, the
Council would be considered a Quasi -Court, making a judgmentl having
nothing to do with the treatment of the indictment by the State Attorney.
He further felt that Council would be sitting as a Court of Law, and
superseding the State Attorney.
Mr. Birken said there were two hearings involved, with two separate
bodies. If declared to be not guilty,. he said, the City has the right
and ability to take whatever action it desires, as far as discipline,
including termination.
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Mayor Falck said that he shared C/M Disraelly's concern, as related
to the cameras, TV and the press; also indicating that he was shocked
at the 11:00 o'clock TV news, with Mr. Eigner being taken into custody.
He was concerned, because of the feeling that there must have been
leaks involved. It was the Mayor's opinion that there was a conflict
of interest, and felt that due to the claim Mr. Eigner had against an
insurance company, should have prompted his removal from being placed
in such a position. Because, he said, Mr. Eigner did not choose to
do so, and the action suggested this day, is correct, and on that basis,
did second the motion, and would vote for it.
V/M Massaro said that she added Section 2--17 of the Code, as to a
pending personal claim, which has been stated in the indictment; and
concurred with the Mayor, that on those grounds alone, he should have
removed himself from any granting of permits, as far as the demolition
was concerned, because of the personal interest. She read that portion
of Section 2-17; "No officer or employee shall be or become financially
interested, directly or indirectly, in any activity, employment or
business, or professional work or enterprise, or have economic interest
which are inconsistent, incompatible or in conflict with his duties,
functions and responsibilities, as such officer or employee."
She further stated that she had strong feelings about the leakage of
this information, and the newspaper articles, with the cameras being
so handy at the right time. The Vice -Mayor advised that her feelings
have already been indicated relating to that, to someone in the City,
which is not finished as yet. She said that the person responsible
for that should never live to see someone they are deeply concerned
with or love, be it a member of the family, or something, that they
should ever have to look at such pictures in the papers.
The Vice --Mayor also said that she had strong feelings as far as the
City is concerned, and felt that "we cannot and must not", no matter
what the feeling is, to be up -to --it or just walk away from it. She
stated th-oat the responsibility is not easy, but the people and the
developers cannot be exposed to this kind of treatment. She added
-that i-t ks fiery clear, and the indictment is there; and he has his
rights, with a right to the hearing. She said if any wrong has been
foistod Q--h him, it would be corrected.
V/M Massaro said that it was her understanding, that the day prior
to this occurrence, as indicated by either the City Manager or the
City Attorney, as to the State Attorney permitting Mr. Eigner to
turn himself inf this was not allowed. She further stated that
certain things were done to attempt to protect him, but felt that
the State Attorney has a job, as well as the City Council, which is
not always pleasant.
VOTE: C/W
Kelch
- Aye
C/M
Wiener
- Aye
C/M
Disraelly
Nay
V/M
Massaro
- Aye
Mayor Falck
- Aye
V/M Massaro said that the City Manager indicated in a memo to Council,
that he has temporarily appointed Albert Miller, as the Chief Building
Official, who is an employee and certified by the Broward County Board
of Rules and Appeals, living in the City of Tamarac. She MOVED that
the temporary appointment of Albert Miller, be approved, and C/W Kelch
SECONDED.
C/M Wiener again reiterated that it be with the understanding that
should Mr. Eigner be found "not guilty", under his rights, and be
reinstated, that he would be entitled to regain his position. He added
that the appointment of Mr. Miller, should be on a temporary basis.
V/M Massaro RESTATED HER MOTION by MOVING to appoint Albert Miller,
as Acting Chief Building Official, and C/W Kelch, as SECOND, accepted
the change in language.
VOTE: ALL VOTED AYE.
Mayor Falck requested the City Attorney to state the options available
to Mr. Eigner.
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Mr. Birken indicated that Mr. Eigner be given the option to meet with
the City Manager, who will then issue a letter to him, with 10
working days for his appeal to the City Council. If, he said,
Mr. Eigner does not wish to meet with Mr. Gross, but does contact him,
the 10 day period will be established. The City Attorney advised
that the Grievance Procedures in the Personnel Planual would be dis-
tributed to Council for their review.
MEETING WAS ADJOURNED AT 11:00 A.M.
MA 0
ATTEST:
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This public document was promulgated at a cost of $ o�?./ , or
$ Yper copy, to inform the general public and public officers and
employees about recent opinions and considerations by the City Council
of the City of Tamarac.
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