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