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HomeMy WebLinkAbout1989-10-23 - City Commission Special Meeting Minutes7525 NORTHWEST 88TH AVENUE TAMARAC, FLORIDA 33321-2401 TELEPHONE (305) 722-5900 RECORD OF COUNCIL ACTION/DISCUSSIONS NOTICE OF SPECIAL MEETING CITY COUNCIL OF TAMARAC, FLORIDA CONTINUANCE OF PUBLIC HEARING There will be a Special Meeting of the City Council held on Monday, October 23, 1989, at 1:30 p.m. in Conference Room #1 (Room 103), City Clerk's Office, City Hall, 7525 N.W. 88th Avenue, Tamarac, Florida 33321. The purpose of this meeting is to continue a public hearing requested by John F. Montalvo, Jr., pursuant to Section 52.02 of the City of Tamarac Personnel Manual to appeal a personnel decision of the City Manager relating to the employment of John F. Montalvo, Jr. Additional public hearings may be called if necessary. All meetings are open to the public. FINAL ACTION: The City Council DENIED the Appeal of the termination of John F. Montalvo, Jr. and they upheld the City Manager's decision on this case. CAE/nr. f Carol A. Evans City Clerk Pursuant to Section 286.0105, Florida Statutes If a person decides to appeal any decision made by the city Council with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings and for such pq pose, he may need to ensure that a verbatim record includc,3 N. testimony and evidence upon which the appeal is to be based AN EQUAL OPPORTUNITY EMPLOYER POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS 11 1-1 CITY OF TAMARAC CITY COUNCIL SPECIAL MEETING MONDAY, OCTOBER 23, 1989 CALL TO ORDER: Mayor Abramowitz called this meeting to Order on Monday, October 23, 1989 at 1:30 P.M. in Conference Room #1 (City Clerk's Office) . PRESENT: Mayor Norman Abramowitz Vice Mayor Dr. H. Larry Bender Councilman Bruce Hoffman ABSENT AND EXCUSED: ALSO PRESENT: Councilman Henry Rohr Councilman Jack Stelzer John P. Kelly, City Manager Richard Doody, City Attorney Alan F. Ruf, Consulting City Attorney Pauline Walaszek, Special Services Secretary The purpose of this meeting is to continue a public hearing requested by John F. Montalvo, Jr., pursuant to Section 52.02 of the City of Tamarac Personnel Manual to appeal a personnel decision of the City Manager relating to the employment of John F. Montalvo, Jr. SYNOPSIS OF ACTION: DENIED the appeal of John F. Montalvo, Jr., and UPHELD the decision of the City Manager regarding the dismissal of Mr. Montalvo. Mayor Abramowitz said the City Council received the legal briefs from the Attorneys. Charles Whitelock, Attorney representing John F. Montalvo, Jr., said a Councilmember was absent and C/M Hoffman said C/M Stelzer was absent because he was ill. Mayor Abramowitz said C/M Stelzer was absent and excused because he was ill; however, there was a quorum of the City Council. He said C/M Stelzer has not attended the City Council meetings for several months. Attorney Whitelock asked if there was any chance that C/M Stelzer may be returning and Mayor Abramowitz said he did not know. Mayor Abramowitz said C/M Stelzer was now out of intensive care. He said he did not know what C/M Stelzer would be doing in the near future. Attorney Whitelock said it was a shame that C/M Stelzer attended the meetings for one year and C/M Hoffman asked if Attorney Whitelock objected to proceeding. City Manager Kelly said C/M Stelzer was placed in the hospital because he was seriously ill and Attorney Whitelock asked if C/M Stelzer was expected to return to his position. City Manager Kelly said this was not known. Page 1 10/23/89-pw Mayor Abramowitz said C/M Stelzer has been excused from every meeting since he has been ill and Attorney Whitelock said it was a disadvantage for his client. Attorney Whitelock objected to the absence of C/M Stelzer on behalf of Mr. Montalvo. He said C/M Stelzer has attended all of the hearings on the matter and today's hearing was very crucial; therefore, he and his client were concerned with C/M Stelzer's absence. Mayor Abramowitz said he understood Attorney Whitelock's concern; however, this was a circumstance that could not be changed. He said C/M Stelzer has not been to any meetings since he became ill. City Manager Kelly said C/M Stelzer has not been at City Hall since he became ill and Attorney Whitelock asked if C/M Stelzer was expected to return to his position. C/M Hoffman said this was not known. He said if three Councilmembers voted in the same manner, a third or fourth vote would not change the decision. He said the City Council must have three votes for or against the proposition in order for the vote to carry. Mayor Abramowitz said the City Council received the legal briefs from the Attorneys and he read the briefs several times. He said he wrote remarks that he would read into the record and he would ask the Councilmembers to express their opinions. He said after the City Council remarked on the Case, a Motion should be made regarding the Case. City Attorney Doody said he would draft an Order, which set out Finding of Facts and Conclusions of Law. He said the Order would be based on the City Council's discussions at this meeting. Mayor Abramowitz said this has been a very difficult Case - because both sides presented their positions very well and both Attorneys did a great job of representing their clients. He said the City Council has been asked to review the termination of Mr. Montalvo and render their judgement based on facts and testimony. Mayor Abramowitz said the Attorneys on both sides seemed to agree that sexual harassment can be of two types, 1) hostile work environment and, 2) Quid Fro Quo request (something in return for sexual favors) . He said he believed that the testimony presented made very clear that Elena Logan felt very uncomfortable at her work place because of Mr. Montalvo's advances. Mayor Abramowitz said both individuals took a risk when they decided to date each other because it was mixing social life and work, which could be dangerous. He said he agreed with the City's position that Mr. Montalvo's after hour visits, anonymous notes and flowers, vandalism of Ms. Logan's car and apparent threat to Ms. Logan's job made Ms. Logan feel threatened in her employment situation with the City. He said Ms. Logan's testimony also indicated that Mr. Montalvo's actions also placed her in a position where she feared for her safety and well being. Mayor Abramowitz said common sense must prevail in this Case and the testimony was clear that the City Manager met both Mr. Montalvo and his previous Attorney, Jane Hendricks, individually. He said there was a great deal Page 2 10/23/89-pw of discussion between these parties and Mr. Montalvo knew exactly what he was being charged with. He said when the City Manager asked Mr. Montalvo to desist in his actions and stop the harassment, Mr. Montalvo stated that he could not and would not stop. Mayor Abramowitz said he believed Mr. Montalvo acted improperly in this situation, particularly in view of his Supervisory position with the City. He said the City Manager had no other alternative under the circumstances but to act as he did. He said he would vote to uphold the City's action in this Case. C/M Hoffman said the City Council listened to many hours of testimony and eloquent arguments presented by three Attorneys. He said as a layman of law, he found much of the legal presentation to be very confusing. He said he did not believe that it was his function to waive legal technicalities of the Case. C/M Hoffman said he believed that he was responsible to merely determine whether or not he believed Mr. Montalvo's actions constituted sexual harassment and, if so, whether or not the City Manager acted properly in handling the Case. C/M Hoffman said when a person in a position of authority used his authority to attempt to force his attentions upon his subordinate against the subordinate's will, a condition of sexual harassment was automatically present. He said he did not believe that a previously, mutually agreeable and compatible relationship in any way would deny a woman of her right to terminate such a ._relatiopship nor did it deprive a woman of the right for �rormal protection at the work place. 'C/M Hoffman said he was convinced that Mr. Montalvo did make threatening remarks, which led Ms. Logan to fear for her safety. He said Mr. Montalvo did write anonymous letters to Ms. Logan, which he now admitted after the Police found his finger prints on the letters and it was determined that the letters were typed on equipment in Mr. Montalvo's office. C/M Hoffman said placing chewing gum in the door handle of Ms. Logan's car was also a form of harassment. He said the City Manager met with Mr. Montalvo and his Attorney on several occasions and both knew of the charges the City Manager was placing against Mr. Montalvo. C/M Hoffman said if the City Manager acted improperly in any way, it was to protect Mr. Montalvo from the stigma of a pgblic charge of sexual harassment. He said he did not believe that the City Manager's actions should deprive him of his right and responsibility to protect the City and its employees from what he considered to be improper actions. C/M Hoffman said he would vote to uphold the City Manager's decision. V/M Bender said he read the legal briefs submitted by Attorney Whitelock, which summarized the proceedings in great detail. He said in reaching his conclusion, a Page 3 10/23/89-pw significant factor was considered, which was that Mr. Montalvo was employed by the City in a position as a Supervisor. V/M Bender said based upon the testimony presented, Mr. Montalvo acted in an irresponsible manner as a Supervisor at the work place with a City employee named. Elena Logan. He said he supported the position that sexual harassment was evident as setforth in the Closing Arguments of Issues 2, 3 and 4, as presented by the Counsel for the City, Alan F. Ruf. * C/M Hoffman MOVED to DENY the appeal of the termination * of John F. Montalvo, Jr., SECONDED by V/M Bender. City Attorney Doody said the Personnel Manual indicated that a decision be made on the City Manager's actions and he suggested that this be included in the Motion. * C/M Hoffman AMENDED his Motion to include that the City * Council UPHELD the decision of the City Manager, V/M Bender * AMENDED his Second. VOTE: ALL VOTED AYE With no further business, Mayor Abramowitz ADJOURNED this meeting at 1:55 P.M. NO 4AN ABRAMOWITZ, MAYOR CAROL A. EVA S, CITY CLERK "This public document was promulgated at a cost of $48.20 or $6.03 per copy to inform the general public, public officers and employees of recent opinions and considerations of the City Council of the City of Tamarac." Cff Y OF TAMARAC APPROVED AT MEETING OF / g9 City Clerk F1 I I i I Page 4