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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 - /mac 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. -1- 2/11/80 mr/ 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. -2- 2/11/80 mr/ 771 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. -3- 2/11/80 mr/ L 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: ��Ix X"J_ - CIr CL RK 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. -4- 2/11/80 mr/