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HomeMy WebLinkAbout1985-07-09 - City Commission Special Meeting Minutes11 MAIL REPLY TO: P.O. BOX 25010 TAMARAC, FLORIDA 33320 5811 NORTHWEST 88TH AVENUE & TAMARAC, FLORIDA 33321 TELEPHONE (305) 722-5900 July 5, 1985 NOTICE OF SPECIAL MEETING CITY COUNCIL OF TAMARAC, FLORIDA PUBLIC HEARING A Special Meeting has been called of the City Council to be heard on Tuesday, July 9, 1985 at 10:00 A.M. in the Council Chambers of City Hall. The purpose of this meeting is to conduct a public hearing, (pursuant to Section 5.02b of the City Charter) before the City Council, regarding whether the City Manager should be dismissed as provided in Resolution R-84-283. M �ilyn rt o f, CMC 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 purpose, he may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based, AN EQUAL OPPORTUNITY EMPLOYER POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS CITY OF TAMARAC, FLORIDA SPECIAL CITY COUNCIL MEETING PUBLIC HEARING July 9, 1985 Tape 1 CALL TO ORDER: Mayor Kravitz called the meeting to order on Tuesday, July 9, 1985 at 10:00 A.M. in the Council Chambers of City Hall. ROLL CALL: PRESENT: Mayor Philip B. Kravitz Vice Mayor Helen Massaro Councilman Arthur H. Gottesman Councilman Raymond J. Munitz Councilman Sydney M. Stein ALSO PRESENT: Larry Perretti, Acting City Manager Jon M. Henning, City Attorney Carol E.Barbuto,Assistant City Clerk Patricia Marcurio, Secretary Mayor Kravitz read the Notice of the Special Meeting into the record. MEDITATION AND PLEDGE: Mayor Kravitz called for a Moment of Silent Meditation followed by the Pledge of Allegiance. Public Hearin(pursuant to Section 5.028 of the City Charter regarding whether the City Manager should be dismissed aspro- vided in Resolution 84-283 - Discussion and possible action. SYNOPSIS OF ACTION: APPROVED termination of Elly F. Johnson as City Manager effective immediately. Mayor Kravitz said each person who submitted a card will be given the privilege of speaking for 3 minutes. Max Offenberg, resident, asked what Resolution 84-283 concerns and Mr. Henning said by that Resolution, Mr. Johnson was appoint ed on 9/14/84. He said it states in Section 1 D Severance, "After the probationary period has been successfully completed, if the City Manager is discharged by the City Council without cause, he shall be entitled to the following severance pay in addition to the payment for accrued leave as provided in the Personnel Manual, which shall be the complete liquidated damages against the City. within the first year after probation has been completed, four weeks salary at the latest rate." He said the question on the floor is whether or not the Council wishes to exercise its rights to discharge the City Manager without cause pursuant to this Resolution. Mr. Henning said pursuant to the Charter, Mr. Johnson is entitled to a hearing, which is taking place today. Elly Johnson, City Manager, said he was interviewed for his position on 9/11/84 by the. Personnel Director, City Attorney and the Acting City Manager and was told what the City Council would agree to. He said on 9/14/84 he was appointed by Resolution 84- 283 and shortly after that he met with Mayor Kravitz. He said from September, 1984 to March, 1985, the only person who gave him a problem was Mayor Kravitz. He said he interfered in department matters and the day after the March, 1985 election, he met with Mayor Kravitz and was given approximately 30 items that he intended to change since he,now had control of the Council. He said on several occasions.he"was asked by the Mayor to do certain things which he refused to-do. 1 7/9/85 /pm Mr. Johnson said at the 6/26/85 Council meeting, the Council made a Motion that the City Manager solicit resumes, interview candi- dates and make a recommendation on a final selection of one person to the Council for Construction Manager. He said at the Pre -Agenda Meeting on 7/3/85, C/M Gottesman said he wanted to be involved in the interviewing process. He said C/M Gottesman had not said anything to him about it or it would have been resolved. He said he has been appointed to uphold the laws of the State and the City of Tamarac and those laws are violated without any reprimand from the Charter Board. Mr. Johnson commended the staff and residents in general. He said he was told by Council that liaisons were basically for information gathering but this does not work that way here. He said the residents should be aware of.the situation with the elected officials in this City. He.said he respected certain members of Council.and his record speaks for itself. Lou Silverman, resident, said he is the former.editor of the Tam - A -Gram and he was never told why he was removed from that posi- tion. He said the City is without a Finance Director, a. City Manager and he questioned who will operate the City. Sid Wortman,.resident, said he worked on the campaign of the Mayor with the understanding that there would be a separation of the administration and the legislative process. He said this has been subverted since Mayor Kravitz took office and he feels Mayor Kravitz wants a Mayor form of government. Jack Stelzer, former Council member, commended Mr. Johnson's performance during the time he worked with him. He said C/M Gottesman has repeatedly violated the Charter and has not been reprimanded and he questioned whether action should be sought from.a higher authority. Allan Bernstein, former Council member, said he worked with Mr. Johnson for 5 months and felt he was a dedicated official. He.requested Council.reconsider discharging Mr..Johnson. Ben Chicofsky, resident, said last year the. City hired a firm for an approximate amount of $20,000 to hire the best candidate for City Manager and they chose Mr. Johnson. He said he does not understand the charges against Mr. Johnson and questioned why this is happening. C/M.Stein said the MOTION, as proposed by C/M Gottesman, states "a.difference in philosophy between the City Manager and the Council". He said he wanted to correct that to state "a differ- ence in philosophy between certain members of Council". He said, more importantly,.C/M Gottesman. He said there is a difference in philosophy and he is happy there is that difference. He said he believes the administration of this City belongs in the hands of the City.Manager and the staff as required by. Charter and wanted by the people. C/M Stein said at the Pre -Agenda Meeting on 7/3/85, C/M Gottesman insulted the City Manager and told him that he had nothing to do with selecting a Construction Manager in spite of the fact that this Council voted that the City Manager, the City Engineer and the Chief Building Inspector be empowered to interview for this position. He said usually there are two construction people from other cities take part in these inter- views as well. 2 7/9/85 /Pm C/M Stein said C/M Gottesman speaks of his proficiency, however, although C/M Gottesman has a P.E. Degree, by his own statement and resume, he has never practiced one day. He said C/M Gottesman worked for an optical company his entire life and has never been in the construction business. He said the City Manager did not think it proper for a member of Council to influ- ence the staff and then have Council vote on that. C/M Stein said the residents snickered at the thought of Mayor Kravitz taking over the City administration, however, he urged them to read the minutes of last month's Charter Board when Morris Haber, Charter Board Chairman, agendized having the Charter rewritten to at least give the Mayor veto power if not have a Mayor form of government. He said there is a movement in this City and this action today is part of that movement. He questioned what strong City Manager will take this job when today's actions are known. He said at the present time, the will of the people is being thwarted by people being fired every time they speak against the will of the Mayor and other members of Council. He said this action today is a shame and he apologized to E1ly Johnson on his behalf. C/M Munitz said the people of the City should become more concerned about City matters since the March, 1983 election. He said the Mayor orchestrates City government which should not continue. He said since 3/14/83, when Mayor Kravitz was elect- ed, there has been more interference than ever. He said he agreed with the good things that were said about Mr. Johnson and he regretted today's action. C/M Gottesman said in reply to C/M Stein's allegations about his past experience, he was a practicing engineer, not only in Flor- ida but in New York and his name and seal appear on many draw- ings. He said his company was responsible for many large con- struction buildings of which he had a great part. He said a week or two after C/M Stein was elected Vice Mayor, he called him in his office. He said he was then the Chairman of the Planning Commission and he told him that he was going to run the City and C/M Gottesman had better do as he was told or he would not be reappointed. C/M Stein said that was a lie. V/M Massaro said she was shocked at the comments this morning. She said she wants the people of the City to know what has happened since last year was terrible. She said it has been a difficult job to bring the. City back and she is doing her best. She said when she left the City Council in March, 1984, there was 21 million dollars in the City Treasury. She said during that one year time that has changed drastically. She said Tamarac was an honorable. City and respected throughout the State but now is in a terrible situation. She said it will come back with her hard work. She said the money contributed by the developers has been put in escrow for the various needs of the people without touching the residents tax dollars. V/M Massaro said the Finance Department is trying to create a budget that will not show a deficit of approximately 2-1/2 million dollars. Tape 2 C/M Stein said Elly Johnson is the person whose job and character are on the line and he noted that the dismissal of the former City Manager and former City Engineer was led by.Mayor Kravitz. He said if V/M Massaro feels that was the first step in the downfall of the City, she must look at the present Mayor. 3 7/9/85 /pm C/M Stein said he did not make that statement to C/M Gottesman after he was elected Vice Mayor. He said the dismissal of Elly Johnson is for political reasons, not inability. Mayor Kravitz said the statement was made that he was responsible for firing the previous City Manager and he read from the minutes of the 7/2/84 City Council meeting, "V/M Stein MOVED that we terminate the employment of the City Manager due to an existence of a real and non -productive difference in management philosophy which currently exists between the incumbent City Manager" ... and he believed the majority of the Council felt it was for the benefit of the City to dismiss them. Mr. Johnson said those comments Mayor Kravitz just read are exactly the MOTION made by C/M Gottesman. He said that Motion was received by Mayor Kravitz last Wednesday when he got a copy of the minutes. He said the audits for. Tamarac will show the condition of the City and the investments were made legally, if not prudently. Mr. Henning said the MOTION from the 7/5/85 Special Council meeting was to have a public hearing and, pending the public hearing, to suspend Mr. Johnson. C/M Gottesman MOVED to terminate the employment of the City Manager, E1ly F. Johnson, effective immediately upon its passage, due to an existence of a real and non -productive difference in management philosophy which currently exists between the incumbent City Manager and the City Council. He said he does not believe it is in the best interests of the City that the present situation continue. He said it was agreed to issue payment of 4 weeks salary at the present rate of severance pay in addition to payment of accrued leave as provided in the Personnel Manual, which shall be the complete liquidated damages against the City. He said this is in accordance with Resolution 84-283r which appointed the City Manager. Mayor Kravitz passed the gavel to V/M Massaro and he SECONDED that MOTION. Walter Rekuc, resident, said his point of order is that if Mayor Kravitz is interfering with the City Manager's job then he is violating the City Charter. City Attorney Henning said that was not a point of order but was out of order. C/M Munitz asked V/M Massaro if she feels by firing the City Manager she is accomplishing her aims for the City and V/M Massaro said the responsibility for the City belongs with the City Manager. VOTE• C/M Stein Nay C/M Munitz Nay C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye Zeke Feldman, Charter Board member, said he requests all monies due the City in regard to the trip to New York be withheld from any payments made to Mr. Johnson. He said the reason for that is that there is a question as to whether or not Mr. Johnson had authority to make that trip. Mr. Henning said there has been an issue raised by the Charter Board as to the propriety of that particular meeting but he did not know of any evidence at this point. Mr. Feldman said the total amount involved is $896.00 for both Mr. Johnson and Mr. Wood. 4 7/9/85 /pm Mr. Johnson said he feels he should be allowed to respond. Mr. Henning said the Motion that was taken was that Mr. Johnson be dismissed immediately and, for the record, he stated.that in an attempt to represent.Council, he is prepared today to discuss the break -down of the payments that will be afforded Mr. Johnson. He said Dan Saale, Deputy Finance Director, gave him a break down of the proposed payments to Mr. Johnson. Mr. Henning said there are two weeks pay at a completed pay period, which ended 7/5/85, in the amount of $2,099.96, at an hourly rate of $26.2495. He said there is a day and a half salary as of today, in the amount of $314.99, the four weeks reverence pay (160 hours), in the amount of $4,199.92. He said there is accrued vacation pay which was not taken (48 hours), in the amount of $1,259.98, with no accrued sick leave. He said the total amount due Mr. Johnson is $7,874.85 with a question regard- ing a portion of the $1,000 benefit under the Management Plan, which must be resolved. V/M Massaro questioned what the Management Plan consisted of and Mr. Henning said Resolution 85-60 approved this Plan and was passed unanimously by Council on 1/9/85. He said the Plan has a $1,000 benefit package which, since.there is apparently approximately 9 months involved, Mr. Johnson is asking for $750 of those benefits. V/M Massaro asked who benefits from the Plan and Mr. Henning said Management, Department Heads, and. Confidential status employees as well as the FPE contract employees. V/M Massaro asked what happens at this point with the Charter Board's request to retain some of the money from the New York trip and Mr. Henning said it could be addressed now. V/M Massaro said this should be researched further after hearing from Mr. Johnson. Mr. Johnson said under the budget of the Charter of Tamarac, he had the authority to approve the trip, which he did. He said Tamarac had never received a bond rating and he and Steve Wood were invited by Moody and Standard and Poors to go to New York to give a presentation. He said they gave a 3-hour presentation in each place, along with Stan Ross, and there was a favorable review. He said they were told the City should get the bond rating but then ESM broke. He said he has nothing to hide and at that period of time all the receipts were not accounted for and a certification was signed. He said Council knew about the trip and he expected to receive his full check today. Mr. Henning said the question that arises concerns the amount of the air flight and Mr. Johnson said they contacted the airlines and if theystayed in New York one week they could have gotten a reduced rate. He said they did not want to do that because it cost over $100 per day for a hotel room, therefore, they stayed only one night in the hotel and left. He said they got the best rates they could get at the time for the short trip for one night. Mr. Henning suggested Council authorize complete payment of $7,874.85 and reconcile the benefit the $750 question on to- morrows Regular Meeting Agenda. C/M Stein said Mr. Johnson made the allegation that the trip was entirely within his purview as the City Manager and he asked if it was legal. 5 7/9/85 /pm Tape 3 V/M Massaro asked Mr. Feldman what he based his comments on and Mr. Feldman said his comments were based on Article 5, "City Manager", Section 5.01. He read, "The City Manager shall be the chief administrative officer and shall be responsible to the Council for the administration of all City affairs placed in his charge by or under this Charter". He said the City Manager did not receive permission from the City Council for this trip. Mr. Henning said he was aware of the trip taken by Mr. Johnson and Mr. Wood and he was never aware of any illegality or impro- priety or lack of authorization that existed for the trip. He said the presentation was a big success and a few days later ESM broke and everyone forgot the success of the trip. He said the trip was at the suggestion of Stan Ross, the City's Financial Advisor. C/M Stein MOVED that no amounts be deducted from Mr. Johnson's termination pay, SECONDED by C/M Munitz. V/M Massaro said there is a City Resolution which requires Coun- cil approval on just such a trip and she will copy Council with it. VOTE: ALL VOTED AYE V/M Massaro read a portion of Resolution 85-20, "Whereas, it is necessary for the City Council to prescribe the method of provid- ing notice of said sale, providing a date for the sale of the bonds, approving an official sale notice and authorizing all their action necessary in regard to the competitive sale of the bonds." She noted that Council did have to authorize that trip. Mr. Henning asked if the Council is authorizing the payment of the amount of $750.00 and Mr. Perretti said the practice has been that when an employee is terminated, their benefits cease at that time. C/M Stein said that should be automatic and does not need action by Council. V/M Massaro said she wants a full break down of everything that was paid to Mr. Johnson and a determination of how much the City is obligated for in accruals. Mayor Kravitz adjourned the meeting at 11:40 A.M. ATTEST: a�� 9 ASSISTANT CITY CLERK This document was promulgated at a cost of $111.20 or $3.08 per 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. . CITY OF TA UARAC APP VED AT MEETING OF City Clerk 6 7/9/85 /pm CITY OF TAMARAC, FLORIDA SPECIAL CITY COUNCIL MEETING PUBLIC HEARING July 9, 1985 Tape 1 CALL TO ORDER: Mayor Kravitz called the meeting to order on Tuesday, July 9, 1985 at 10:00 A.M. in the Council Chambers of City Hall. ROLL CALL: PRESENT: ALSO PRESENT: Mayor Philip B. Kravitz Vice Mayor Helen Massaro Councilman Arthur H. Gottesman Councilman Raymond J. Munitz Councilman Sydney M. Stein Larry Perretti, Acting City Manager Jon M. Henning, City Attorney Carol E.Barbuto,Assistant City Clerk Patricia Marcurio, Secretary Mayor Kravitz read the Notice of the Special Meeting into the record. MEDITATION AND PLEDGE: Mayor Kravitz called for a Moment of Silent Meditation followed by the Pledge of Allegiance. Public Hearin(pursuant to Section 5,028 of the City Charter regarding whether the City Manager should be dismissed as ro- vided in Resolution 84--283 -- Discussion and possible action. SYNOPSIS OF ACTION: APPROVED termination of Elly F. Johnson as City Manager effective immediately. Mayor Kravitz said each person who submitted a card will be given the privilege of speaking for 3 minutes. Max Offenberg, resident, asked what Resolution 84--283 concerns and Mr. Henning said by that Resolution, Mr. Johnson was appoint ed on 9/14/84. He said it states in Section 1 D Severance, "After the probationary period has been successfully completed, if the City Manager is discharged by the City Council without cause, he shall be entitled to the following severance pay in addition to the payment for accrued leave as provided in the Personnel Manual, which shall be the complete liquidated damages against the City. Within the first year after probation has been completed, four weeks salary at the latest rate." He said the question on the floor is whether or not the Council wishes to exercise its rights to discharge the City Manager without cause pursuant to this Resolution. Mr. Henning said pursuant to the Charter, Mr. Johnson is entitled to a hearing, which is taking place today. Elly Johnson, City Manager, said he was interviewed for his position on 9/11/84 by the Personnel Director, City Attorney and the Acting City Manager and was told what the City Council would agree to. He said on 9/14/84 he was appointed by Resolution 84- 283 and shortly after that he met with Mayor Kravitz. He said from September, 1984 to March, 1985, the only person who gave him a problem was Mayor Kravitz. He said he interfered in department matters and the day after the March, 1985 election, he met with Mayor Kravitz and was given approximately 30 items that he intended to change since h,e,now had control of the Council. He said on several occasions.he-"'was asked by the Mayor to do certain things which he refused to do. 1 7/9/85 /pm Mr. Johnson said at the 6/26/85 Council meeting, the Council made a Motion that the City Manager solicit resumes, interview candi- dates and make a recommendation on a final selection of one person to the Council for Construction Manager. He said at the Pre -Agenda Meeting on 7/3/85, C/M Gottesman said he wanted to be involved in the interviewing process. He said C/M Gottesman had not said anything to him about it or it would have been resolved. He said he has been appointed to uphold the laws of the State and the City of Tamarac and those laws are violated without any reprimand from the Charter Board. Mr. Johnson commended the staff and residents in general. He said he was told by Council that liaisons were basically for information gathering but this does not work that way here. He said the residents should be aware of.the situation.with the elected officials in this City. He.said he respected certain members of Council and his record speaks for itself. Lou Silverman, resident, said he is the former editor of the Tam - A -Gram and he was never told why he was removed from that posi- tion. He said the City is without a Finance Director, a City Manager and he questioned who will operate the City. Sid Wortman, resident, said he worked on the campaign of the Mayor with the understanding that there would be a separation of the administration and the legislative process. He said this has been subverted since Mayor Kravitz took office and he feels Mayor Kravitz wants a Mayor form of government. Jack Stelzer, former.Council member, commended Mr. Johnson's performance during the time he worked with him. He said C/M Gottesman has repeatedly violated the Charter and has not been reprimanded and he questioned whether action should be sought from a higher authority. Allan Bernstein, former Council member, said he worked with Mr. Johnson for 5 months and felt he was a dedicated official. He requested Council reconsider discharging Mr. Johnson. Ben Chicofsky, resident, said last year the City hired a firm for an approximate amount of $20,000 to hire the best candidate for City Manager and they chose Mr. Johnson. He said he does not understand the charges against Mr. Johnson and questioned why this is happening. C/M Stein said the.MOTION, as proposed by C/M Gottesman, states "a difference in philosophy between the City Manager and the Council". He said he wanted to correct that to state "a differ- ence in philosophy between certain members of Council". He said, more importantly, C/M Gottesman. He said there is a difference in philosophy and he is happy there is that difference. He said he believes the administration of this City belongs in the hands of the. City. Manager and the staff as required by. Charter and wanted by the people. C/M Stein said at the.Pre-Agenda Meeting on 7/3/85, C/M Gottesman.insulted the City Manager and told him that he had nothing to do with selecting a Construction Manager in spite of the fact that this Council voted that the City Manager, the City Engineer and the Chief Building Inspector be empowered to interview for this position. He said usually there are two construction people from other cities take part in these inter- views as well. 2 7/9/85 /Pm C/M Stein said C/M Gottesman speaks of his proficiency, however, although C/M Gottesman has a P.E. Degree, by his own statement and resume, he has never practiced one day. He said C/M Gottesman worked for an optical company his entire life and has never been in the construction business. He said the City Manager did not think it proper for a member of Council to influ- ence the staff and then have Council vote on that. C/M Stein said the residents snickered at the thought of Mayor Kravitz taking over the City administration, however, he urged them to read the minutes of last month's Charter Board when Morris Haber, Charter Board Chairman, agendized having the Charter rewritten to at least give the Mayor veto power if not have a Mayor form of government. He said there is a movement in this City and this action today is part of that movement. He questioned what strong City Manager will take this job when today's actions are known. He said at the present time, the will of the people is being thwarted by people being fired every time they speak against the will of the Mayor and other members of Council. He said this action today is a shame and he apologized to Elly Johnson on his behalf. C/M Munitz said the people of the. City should become more concerned about City matters since the March, 1983 election. He said the. Mayor orchestrates City government which should not continue. He said since 3/14/83, when Mayor Kravitz was elect- ed, there has been more interference than ever. He said he agreed with the good things that were said about Mr. Johnson and he regretted today's action. C/M Gottesman said in reply to C/M Stein's allegations about his past experience, he was a practicing engineer, not only in Flor- ida but in New York and his name and seal appear on many draw- ings. He said his company was responsible for many large con- struction buildings of which he had a great part. He said a week or two after C/M Stein was elected.Vice Mayor, he called him in his office. He said he was then the Chairman of the Planning Commission and he told him that he was going to run the City and C/M Gottesman had better do as he was told or he would not be reappointed. C/M Stein said that was a lie. V/_M Massaro said she was shocked at the comments this morning. She said she wants the people of the City to know what has happened since last year was terrible. She said it has been a difficult job to bring the City back and she is doing her best. She said when she left the City Council in March, 1984, there was 21 million dollars in the City Treasury. She said during that one year time that has changed drastically. She said Tamarac was an honorable City and respected throughout the State but now is in a terrible situation. She said it will come back with her hard work. She said the money contributed by the developers has been put in escrow for the various needs of the people without touching the residents tax dollars. V/M Massaro said the Finance Department is trying to create a budget that will not show a deficit of approximately 2-1/2 million dollars.. Tape 2 C/M Stein said Elly Johnson is the person whose job and character are on the line and he noted that the dismissal of the former City Manager and former City Engineer was led by Mayor Kravitz. He said if V/M Massaro feels that was the first step in the downfall of the City, she must look at the present Mayor. 3 7/9/85 ' /Pm v C/M Stein said he did not make that statement to C/M Gottesman after he was elected Vice Mayor. He said the dismissal of Elly Johnson is for political reasons, not inability. Mayor Kravitz said the statement was made that he was responsible for firing the previous City Manager and he read from the minutes of the 7/2/84 City Council meeting, "V/M Stein MOVED that we terminate the employment of the City Manager due to an existence of a real and non -productive difference in management philosophy which currently exists between the incumbent City Manager"...and he believed the majority of the Council felt it was for the benefit of the City to dismiss them. Mr. Johnson said those comments Mayor Kravitz just read are exactly the MOTION made by C/M Gottesman. He said that Motion was received by Mayor Kravitz last Wednesday when he got a copy of the minutes. He said the audits for Tamarac will show the condition of the City and the investments were made legally, if not prudently. Mr. Henning said the MOTION from the 7/5/85 Special Council meeting was to have a public hearing and, pending the public hearing, to suspend Mr. Johnson. C/M Gottesman MOVED to terminate the employment of the City. Manager, Elly F. Johnson, effective immediately upon its passage, due to an existence of a real and non -productive difference in management philosophy which currently exists between the incumbent City Manager and the City Council. He said he does not believe it is in the best interests of the City that the present situation continue. He said it was agreed to issue payment of 4 weeks salary at the present rate of severance pay in addition to payment of accrued leave as provided in the Personnel Manual, which shall be the complete liquidated damages against the City. He said this is in accordance with Resolution 84-283, which appointed the City Manager. Mayor Kravitz passed the gavel to V/M Massaro and he SECONDED that MOTION. Walter Rekuc, resident, said his point of order is that if Mayor Kravitz is interfering with the City Manager's job then he is violating the City Charter. City Attorney Henning said that was not a point of order but was out of order. C/M Munitz asked V/M Massaro if she feels by firing the City Manager she is accomplishing her aims for the City and V/M Massaro said the responsibility for the City belongs with the City Manager. VOTE• C/M Stein Nay C/M Munitz Nay C/M Gottesman Aye V/M Massaro Aye Mayor Kravitz Aye Zeke Feldman, Charter Board member, said he requests all monies due the City in regard to the trip to New York be withheld from any payments made to Mr. Johnson. He said the reason for that is that there is a question as to whether or not Mr. Johnson had authority to make that trip. Mr. Henning said there has been an issue raised by the Charter Board as to the propriety of that particular meeting but he did not know of any evidence at this point. Mr. Feldman said the total amount involved is $896.00 for both Mr. Johnson and Mr. Wood. 4 7/9/85 /pm Mr. Johnson said he feels he should be allowed to respond. Mr. Henning said the Motion that was taken was that Mr. Johnson be dismissed immediately and, for.the record, he stated.that in an attempt to represent. Council, he is.prepared today to discuss the break -down of the payments that will be afforded Mr. Johnson. He said Dan Saale, Deputy Finance Director, gave him a break down of the proposed payments to Mr. Johnson. Mr. Henning said there are two weeks pay at a completed pay period, which ended 7/5/85, in the amount of $2,099.96, at an hourly rate of $26.2495. He said there is a day and a half salary as of today, in the amount of $314.99, the four weeks severence pay (160 hours), in the amount of $4,199.92. He said there is accrued vacation pay which was not taken (48 hours), in the amount of $1,259.98, with no accrued sick leave. He said the total amount due Mr. Johnson is $7,874.85 with a question regard- ing a portion of the $1,000 benefit under the Management. Plan, which must be resolved. V/M Massaro questioned what the Management Plan consisted of and Mr. Henning said Resolution 85-60 approved this Plan and was passed unanimously by Council on 1/9/85. He said the Plan has a $1,000 benefit package which, since there is apparently approximately 9 months involved, Mr. Johnson is asking for $750 of those benefits. V/M Massaro asked who benefits from the Plan and Mr. Henning said. Management, Department Heads, and Confidential status employees as well as the FPE contract employees. V/M Massaro asked what happens at this point with the Charter Board's request to retain some of the money from the New York trip and Mr. Henning said it could be addressed now. V/M Massaro said this should be researched further after hearing from Mr. Johnson. Mr. Johnson said under the budget of the Charter of Tamarac, he had the authority to approve the trip, which he did. He said Tamarac had never received a bond rating and he and Steve Wood were invited by Moody and Standard and Poors to go to New York to give a presentation. He said they gave a 3-hour presentation in each place, along with Stan Ross, and there was a favorable review. He said they were told the City should get the bond rating but then ESM broke. He said he has nothing to hide and at that period of time all the receipts were not accounted for and a certification was signed. He said Council knew about the trip and he expected to receive his full check today. Mr. Henning,paid the question that arises concerns the amount of the air Mot and Mr. Johnson said they contacted the airlines and if they stayed in New York one week they could have gotten a reduced rate. He said they did not want to do that because it cost over $100 per.day for a hotel room, therefore, they stayed only one night in the hotel and left. He said they got the best rates they could get at the time for the short trip for one night. Mr. Henning suggested Council authorize complete payment of $7,874.85 and reconcile the benefit the $750 question on to- morrows Regular Meeting Agenda. C/M Stein said Mr. Johnson made the allegation that the trip was entirely within his purview as the City Manager and he asked if it was legal. 5 r 7/9/85 / /pm v Tape 3 V/M Massaro asked Mr. Feldman what he based his comments on and Mr. Feldman said his comments were based on Article 5, "City Manager", Section 5.01. He read, "The City Manager shall be the chief administrative officer and shall be responsible to the Council for the administration of all City affairs placed in his charge by or under this Charter". He said the City Manager did not receive permission from the City Council for this trip. Mr. Henning said he was aware of the trip taken by Mr. Johnson and Mr. Wood and he was never aware of any illegality or impro- priety or lack of authorization that existed for the trip. He said the presentation was a big success and a few days later ESM broke and everyone forgot the success of the trip. He said the trip was at the suggestion of Stan Ross, the City's Financial Advisor. C/M Stein MOVED that no amounts be deducted from Mr. Johnson's termination pay, SECONDED by C/M Munitz. V/M Massaro said there is a City Resolution which requires Coun- cil approval on just such a trip and she will copy Council with it. VOTE: ALL VOTED AYE V/M Massaro read a portion of Resolution 85-20, "Whereas, it is necessary for the City Council to prescribe the method of provid- ing notice of said sale, providing a date for the sale of the bonds, approving an official sale notice and authorizing all their action necessary in regard to the competitive sale of the bonds." She noted that Council did have to authorize that trip. Mr. Henning asked if the Council is authorizing the payment of the amount of $750.00 and Mr. Perretti said the practice has been that when an employee is terminated, their benefits cease at that time. C/M Stein said that should be automatic and does not need action by Council. V/M Massaro said she wants a full break down of everything that was paid to Mr. Johnson and a determination of how much the City is obligated for in accruals. Mayor Kravitz adjourned the meeting at 11:40 A.M. • R • . I -.. MAYOR ATTEST: ASSISTANT CITY CLERK This document was promulgated at a cost of $111.20 or $3.08 per 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. CITY OF TAMARAC YED AT MEETING OFT �,12�. City Clerk 6 7/9/85 /pm