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CITY COUNCIL
SPECIAL COUNCIL MEETING
FRIDAY, MARCH 1, 1991
CALL TO ORDER: Mayor Abramowitz called this meeting to Order on Friday, March 1, 1991 at 9:00 a.m. in
the Council Chambers, City Hall.
PRESENT:
Mayor Norman Abramowitz
Vice Mayor Bruce Hoffman
Councilman Dr. H. Larry Bender
Councilman Henry Schumann
Councilman Henry Rohr
ALSO PRESENT:
John P. Kelly, City Manager
Alan F. Ruf, City Attorney
Carol A. Evans, City Clerk
Karen Jackson, Secretary
MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Abramowitz called for the Pledge of Allegiance followed
by a Moment of Silent Meditation of thanks for the ending of the war.
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PUBLIC PARTICIPATION
1. PUBLIC PARTICIPATION - Any member of the public may speak to any issue which is not agendized
for public hearing at this meeting. Speakers will be limited to three minutes during this item and at public
hearings. There will be a thirty (30) minute aggregate time limit for this item, and speakers are encouraged
to sign up in advance with the City Clerk prior to their participation.
Irving Katz, resident of the Lakes at Carriage Hills, said a statement was made at the regular Council Meeting
on February 27, 1991 regarding a misrepresentation of what the official City ballot was. He said the Tam-A-
Gram had been distributed to at least half of the City. He asked who initiated this, who is going to take the
responsibility for this, if the City condoned this whether it be the Council, Mayor or City Manager. He asked
what the City's intention is to rectify the situation which might have prejudiced the electorate in the City.
Mayor Abramowitz said this will be discussed later in the meeting.
2. DISCUSSION AND POSSIBLE ACTION regarding the INPACT lawsuit, Case #90-20939.
FINAL ACTION:
APPROVED filing Notice of Appeal.
Mayor Abramowitz asked City Attorney Ruf what the ramifications are of Judge Streitfeld's ruling, what it
means, what the options are, and any recommendations. He said he feels this is an informational gathering
process and knowledge is needed if there is any action to be done.
City Attorney Ruf said the court order was signed late Wednesday, February 27, 1991. He said in late 1989
and early 1990, a review of the Charter was going on in the City by the Charter Board, a special consultant
and by City Staff. He said numerous meetings were held and the recommendations of the consultant were
reviewed and the concerns about the Charter were prioritized. He said in the summer of 1990, the City
Attorney's office was directed to prepare several questions for a Referendum election to be held early in
September, 1990.
City Attorney Ruf said those ballot questions were prepared and included in Ordinances which were
adopted by this Council in July, 1990. He said after the Ordinances were adopted, a law suit was filed by
INPACT and INPACT sought a hearing before the court to enjoin the holding of the election in September,
1990. He said INPACT set forth several grounds on which they felt the Ordinance was improperly adopted
and they petitioned the court for the election to be enjoined.
City Attorney Ruf said there was a hearing before Judge Ward as a substitute for Judge Brescher, who was
not able to attend that hearing, and Judge Ward ruled that the election should go forward and that the
arguments with respect to the validity of the adoption process could be raised at a later time. He said the
elections were held and six of seven of the items on the ballot were passed. He said the two ballot
questions which the court has now ruled on received 56% of the vote in favor. He said after the election
there was very little action with respect to the case; however, after the filing period for this election, a
Motion for some rejudgement was filed.
City Attorney Ruf said a cross-motion for some rejudgement was made on behalf of the City which was the
defendant in the law suit and Diane Glasser, an individual candidate for office, was allowed to intervene in
the suit. He said at present there are two plaintiffs and the City is the defendant. He said a hearing was
held on February 21, 1991, before Judge Streitfeld, who was substituted for Judge Bresher. He said Judge
Streitfeld announced his rulings which were reduced to an order which was signed on February 27, 1991.
He said he had not received a copy of the order until 10:00 a.m. on February 28, 1991.
City Attorney Ruf said the judgement finds that the eight counts of the original INPACT suit to set aside the
election, which was heard in July or August, 1990, were dismissed by the Judge. He said after the election, a
ninth count of the complaint was added and the count is based upon a case by the name of Wadhams
versus the Board of County Commission of Sarasota County, which decision was enunciated by the Supreme
Court of Florida on August 30, 1990.
City Attorney Ruf said the announcement of the decision of the Supreme Court of Florida was a full month
or a month and one half after the ballot questions were framed and the Ordinances were adopted by the
City. He said Judge Streitfeld found, with respect to count nine of the complaint, that the provisions of
Florida Statutes 101.1611 were not complied with and that the ballot summaries were misleading and failed
to disclose the prior term limitations and the fact that the amendments would expand rather than limit the
length and number of terms for which a person may serve.
City Attorney Ruf said the original counts of the law suit were all dismissed by the Court; however, the Court
did find, on a basis of a suit decided by the Florida Supreme Court a month and one half after the ballot
language was prepared, that the ballot questions fell short of the statutory requirement and the Court ruled
that Sections 4.02 and 8.01 of the City Charter, as they existed prior to the election in September, 1990, are
in full force and effect as they appeared prior to the passage of the stricken amendments.
City Attorney Ruf said this means that the terms of office for Mayor, Councilmembers and Charter Board go
back to two, two-year terms as the Charter provided initially. He said the City raised several affirmative
defenses and the Court dismissed the City's affirmative defenses. He said there was another ruling at the
end of the order which is in Paragraph 2, and the Court has made no specific findings at present as to the
eligibility of the incumbents for re-election. He said the Court has retained jurisdiction for the purposes of
determining whether the effect of these rulings should be stayed pending any appeal in order to consider
such other and further relief as the Court may deem appropriate.
City Attorney Ruf advised Council that the Court set a Hearing for 3:30 p.m., Friday, March 1, 1991, at which
time the Elections Commissioner, Jane Carroll, will be represented and the newly added individual
defendants, V/M Hoffman and C/M Rohr, will be represented. He said he spoke with Holland & Knight,
Special Counsel for the City, regarding what would put the City's case in the best possible posture for the
Hearing this afternoon and for any future consideration.
City Attorney Ruf said Holland & Knight recommended that the City immediately authorize the filing of a
Notice of Appeal. He asked on what basis would they prosecute an Appeal on behalf of the City if
authorized to do so. He said Counsel pointed out four specific grounds that they felt would be appropriate
for Appeal:
1. The question of the standing of INPACT to bring the suit. He said the Counsel for the City believes
that Judge Streitfeld has inappropriately used a special exception to the standing to bring action against
municipalities; which special exception has been restricted to zoning cases in the courts at present. He said
the Special Counsel finds no election case or other case in which such a generous opportunity to file suit
against a City are provided; therefore, the question of INPACT's standing to bring the suit, in Counsel's
opinion, is subject to appellant review.
2. That the INPACT litigants waited too late in the process to bring their Motion for some rejudgement
after the filing period was closed and that the effect of a ruling in favor of INPACT's position deprives the
electorate of a choice for candidates.
3. The untimely joiner of C/M Rohr and V/M Hoffman. That they were joined in the process after the
substantive relief in the case had already been decided by the Judge.
4. The ballot questions, as presented to the voters of Tamarac, are not misleading under the Wadhams
decision, and that the facts in the Wadhams decision are distinguishable from the facts in the City of
Tamarac's case, and that the Judge has made a ruling in error as a matter of law with respect to the
interpretation of the Wadhams decision.
City Attorney Ruf said that concludes his summary of the case at present.
Mayor Abramowitz asked if this ruling depends on the decision from the Hearing at 3:30 p.m. this
afternoon. He asked if the decision to be made at that Hearing is going to inform the City if V/M Hoffman
and C/M Rohr may run in this election.
City Attorney Ruf said he suspects this will be an important part of what happens in the Hearing; however,
he does not know for sure.
Mayor Abramowitz asked if a Notice of Appeal is filed, can it be dropped at any time if the feeling or
situation has changed.
City Attorney Ruf said a Notice of Appeal can be dropped at any time.
Mayor Abramowitz asked if this is an expensive process and City Attorney Ruf said the costs associated with
filing the Notice of Appeal are $300.00.
Mayor Abramowitz asked if this is the City Attorney's recommendation and City Attorney Ruf said he is
interpretting the recommendation made by the Special Counsel.
City Attorney Ruf said he has great respect for the job they have done on behalf of the City. He said he feels
the questions which are before the Court to present, which is the validity of the changes in the Charter
sections, were approved by the electorate of the City, they affect not only the participants of this election,
but the participants in future elections, and he feels his recommendation through the years has been that if
there are any grounds to appeal and they are not spurious, a Notice of Appeal should be filed to preserve
the City's legal rights until such time as the City has the opportunity to review and research all of the facts
and all of the rulings. He said his recommendation would be to file a Notice of Appeal in concert with the
recommendation of Holland & Knight.
Mayor Abramowitz said he read this order and Page 9, Paragraph 2, has confused him. He said where it
says, "Section 4.02 and 8.01 of the City Charter are in full force and effect as they appeared prior to the
passage of the stricken amendments", which indicates to him that the Judge has stated there will be two,
two-year terms and City Attorney Ruf agreed.
Mayor Abramowitz said the next line states, "The Court makes no specific findings at this time as to the
eligibility of the incumbents for election." He asked what this means. He said he feels this says that the
Judge has not made a ruling whether the incumbents can run or not.
City Attorney Ruf said the Judge made it quite clear that he intended at some time to consider this question
specifically. He said he presumed it would be considered in the Hearing this afternoon.
* V/M Hoffman MOVED to APPROVE proceeding with the filing of the
* Notice of Appeal, SECONDED by C/M Rohr.
V/M Hoffman said he does not see this matter before Council as an issue between himself and his opponent
or between C/M Rohr and his opponent. He said he feels this is a matter between the people of Tamarac,
who voted for a Charter change and those who would deprive them of their rights to democratically elect
their representatives because of a possible technicality which was not the fault of C/M Rohr or himself. He
said he feels his rights are not an issue at present. He said his rights will be defended at the Hearing this
afternoon by his own attorney. He said the past few weeks have been very difficult and confusing. He said
he had a campaign stategy plan, but due to the inaction of the Court, his entire time table has been thrown
off course. He said he does not know whether he will be permitted to run with less than two weeks to the
election.
V/M Hoffman said he will have to wait until the Judge makes a decision on that matter and the City will have
to decide further on how to proceed. He said it is not his desire or intention to cause the City any undue
problems or any undue costs. He said he will consider only what is best for the City of Tamarac as well as
himself in evaluating his future course of actions. He said he will make his future decisions public when he
has evaluated his possible course of actions. He requested that Council protect the rights of the people of
Tamarac to make a choice by going forward with an appeal.
C/M Rohr said it appears to him that this country was built on the vote of the individual and has been a
beacon for the world. He said the country is finishing a war for freedom of thought and action. He said this
country was built on the democratic idea that everyone's vote is important. He said the citizens are urged at
each election to vote as a responsibility and there is a situation in Tamarac where two people wish to skirt
the whole idea of democracy. He said he feels that if they had permitted the vote by the people to go
through, that those people who felt that they did not understand originally, would certainly not vote for
V/M Hoffman and himself; however, they would have had a choice.
C/M Rohr said he feels what has been done has taken away his choice as a resident and voter of Tamarac, to
make a decision. He said he does not feel that Tamarac is going to stand out as a very fine City with the
actions that have gone on in the past couple of weeks.
C/M Schumann said in reviewing the court order, the Judge finds that the requirements of the Florida
Statutes were violated and he found that he would not allow any voting public to compound that. He asked
if the Courts are going to permit the voting public to compound that violation if the Statute is invalid and
has been violated.
City Attorney Ruf said the Judge found that the ballot questions fell below the requirements of the Florida
Statute. He said he does not feel competent to reflect on what the Judge may or may not do in the Hearing
this afternoon. He said the Special Counsel for the City, including Chris Carsky, his partner, have carefully
researched the Law and they feel that even though the Judge has ruled as he has, the elections should go
forward. He said the case law seems to favor holding the election.
C/M Schumann said the Judge states in his ratification that the defect of the ballot summaries cannot be
cured by election results.
City Attorney Ruf said that is what the Judge says and that is what the Wadhams case says; however, Holland
& Knight believe that the facts in the City's case are distinguishable from the Wadhams case where they
simply reprinted the entire Ordinance change, exceeded 75 words by 3 or 4 times, and Counsel believes a
reasonable argument can be made to a three Judge appellant court that Judge Streitfeld has improperly
interpreted the Wadhams decision in this set of circumstances.
C/M Bender said this court order states, "The Court finds there are no genuine material issues of disputed
fact and that each of the claims and defenses asserted in this action may be disposed of as a matter of Law."
City Attorney Ruf said both sides agreed that this case turned on a question of Law. He said an appeal
would be to decide whether or not Judge Streitfeld properly applied the law in the case.
C/M Bender said another term that was used when the Judge indicated that, "he declares the proposed
amendments, 90-1 and
90-3 to the Tamarac City Charter, should be and are hereby stricken as illegal and null and void." He asked if
the term "illegal" may have been misused.
City Attorney Ruf said the City has two levels of appellant review of any Circuit Court Judges' decision and it
would be the position of the City, as advocates, that the Judge improperly ruled on the basis of the
Wadhams decision.
Mayor Abramowitz said he had hoped that the Judge's Hearing would have been reversed with this meeting
for a better understanding of this situation. He said he feels this is not a situation involving the candidates
against each other. He said he had worked very hard for the passage of these changes because he had
found that a two-year term is absolutely catastrophic to the City. He said he feels there is a cloud hanging
over this election which is not the fault of any one person in particular.
City Attorney Ruf said the Notice of Appeal can be withdrawn at any time within a reasonable amount of
time.
VOTE: C/M Rohr - AYE
C/M Schumann - NAY
V/M Hoffman - AYE
C/M Bender - NAY
Mayor Abramowitz - AYE
3. DISCUSSION AND POSSIBLE ACTION regarding the case and settlement of Hart versus Bender.
FINAL ACTION:
Agendized for discussion.
Motion to require Larry Bender to reimburse the City FAILED.
C/M Rohr said he has sat on Council for four years and has tried to do what is right for the City. He said in
the recent past, due to an error on an individual's part, a sum of approximately $13,000.00 was paid in a
settlement and legal costs for C/M Bender. He said he feels there was no connection with any City business
that caused the suit. He said C/M Bender was not acting as a Councilman and there was nothing at all that
involved the City. He said he feels that if there has been a mistake by one individual, that the City and the
taxpayer's should not have to incur that expense.
* C/M Rohr MOVED to APPROVE the reimbursement by C/M Dr. H. Larry
* Bender, the defendant, of all monies dispensed by the City of
* Tamarac in the case of Hart versus Bender, SECONDED by V/M
* Hoffman.
C/M Schumann asked who made the decision to undertake the defense of C/M Bender. C/M Rohr
requested that City Manager Kelly explain who authorized this expenditure.
TAPE 2
V/M Hoffman said it seems strange that no one knows who authorized the expenditure of $13,000 which
was paid without being presented to Council. He said he feels the question is a valid one. He asked who
authorized this and who has the authority to spend $13,000 of tax payers money without presenting it to
Council for approval.
City Manager Kelly said the Risk Manager handles all of the City's insurance cases. He said C/M Bender
approached the Risk Manager and asked that this be handled through the City's insurance. He said the Risk
Manager thought it was an appropriate expenditure and signed off on it, the City Attorney signed off on it
and he himself subsequently signed off on it. He said the settlement authority for the City is a $10,000 limit.
He said the settlement on the case was a $3,000 cost. He said part of the concern is that the monies paid to
the attorney representing C/M Bender, was made over a period of time. He said the City does make
payments to attorneys with which the City is dealing who are representing other cases on that basis.
City Manager Kelly said there were not internal flags established to identify those costs and as they were
ongoing, it was spread over two fiscal years. He said in the first fiscal year which ended in October, 1990,
less than $5,000 had been expended for legal fees. He said in this fiscal year through approximately
February, 1991, an additional sum of approximately $5,000 was also incurred. He said City Attorney Ruf
moved quickly to try for a settlement of $3,000 which was reached and the City was able to make that sign-
off.
City Manager Kelly said he backs the decision of the Risk Manager that she felt it was an appropriate
expenditure. He said in retrospect, it has been determined that this will not happen again, due to the
concern of the Council and the public and to try to protect the integrity of the City system. He said a policy
has been established which has been distributed to Council that in the future, the Risk Manager is not to
consider, entertain, or initiate any action on any law suit or settlement involving any one or more members
of the Council, which includes the Mayor, unless that law suit or settlement has been brought to Council for
official action at a duly-called Council meeting.
City Manager Kelly said the Risk Manager is to be considered on the same level as a Department Head in the
respect that any
initiation of any contact by any member of Council is to be reported immediately to the City Manager and
no action is to be initiated without the City Manager's authorization. He said he has established that when
an ongoing law suit reaches a $5,000 threshold, it is to be red-flagged and brought to the City Manager. He
said a full report identifying all settlements and all law suits is to be provided to the City Manager and
Council within seven days of the close of any calendar month.
V/M Hoffman said the fact remains that this law suit was not directed against the City of Tamarac. He said
this law suit was not instituted in any manner or form that required C/M Bender to act on behalf of the City.
He said this was done outside the City and the alleged slander took place at a Candidate's Night meeting.
He said he feels there is no more responsibility on the part of the City than there would be if he were to get
into an argument on the street, punched them in the nose and they sued.
V/M Hoffman said the City's money was spend improperly and he demanded an effort be made to get the
money back from C/M Bender. He said this was a personal matter, not something directed at the City.
Mayor Abramowitz said when this matter was brought before the Charter Board, they sent it to a regulatory
agency. He said if there was an impropriety and it is proven to be so, and the decision is made by the
regulatory agencies that the money is to be returned, he would vote in favor of it. He said at present he
cannot make his decision without all of the facts.
C/M Rohr said he feels Council has a responsibility to handle this and not wait for the Charter Board's
answer for this money that was spent inappropriately. He said it is the responsibility of the Council to
protect the money of the tax payers of the City. He said C/M Bender was not acting as a Councilman for the
City of Tamarac at the time the incident occurred.
Mayor Abramowitz said if the regulatory agency states that this was a judgement call made by the Risk
Manager but there was nothing illegal about it, then there is no illegality. He said he feels that if the report
comes back that there is something illegal about it, then the City should move forward and look to recover
the money. He said the City Manager and City Attorney did not know anything about this; however, they
took the responsibility of it.
C/M Rohr said he feels that moral laws are just as important as legal laws. He said he feels this would not
have been approved if this had come before Council.
C/M Bender said everyone is entitled to their own opinion; however, the facts need to be known. He said
he took the matter to the Risk Manager when he received the notice of the summons, which is a normal
procedure. He said he had asked the Risk Manager to review this document and to inform him if he had any
kind of coverage. He said the Risk Manager subsequently after several days advised him that he was
covered and that defense would be provided by the City. He said there was nothing illegal and nothing was
done underhandedly. He said it was put into the proper cycle. He said he feels the City provided him the
service that they said they would and the City complied with everything the City Ordinances and
requirements covered.
Mayor Abramowitz said anyone can hold a discussion on this since this item was not agendized.
Stan Bernard, resident of Tamarac and Charter Board Chairman, said when the $13,000 in funds became
known and was brought to the Charter Board's attention, he had spoken to three people present on the dias
regarding this and only one gave a direct answer. He
said he had asked what was the purpose of the expenditure of $3,000 for Joseph Titone, Attorney. He said
two people said they did not know and another said the attorney had done nothing for the City. He said he
had found additional money while researching it further.
Mr. Bernard said this has been turned over to the State Attorney for their investigation. He said he received
a call from one of the assistant attorneys this morning who stated that they are pursuing the matter and will
probably call him in for questioning regarding his knowledge of this case. He said he does not know if that
money was expended for a purpose that had nothing to do with the City. He said he had heard that there
would be no questions if an amount is under $5,000. He said he feels the City should have more control
over what is going on.
Irving Katz, resident of Lakes at Carriage Hills, asked what the proper procedure is before checks are signed,
the backup that is necessary to allow the people who are going to authorize an expenditure and sign off on
it and if this is available to every City Councilman. He asked how and what determines the backup
necessary for the people who have to sign off to properly inform them of the validity of the check that they
are signing off on.
Mayor Abramowitz suggested that Mr. Katz have a meeting with City Manager Kelly for the proper
procedures.
C/M Rohr said no Councilman receives backup on any payment for the City. He said the Councilmembers do
not sign checks and there are two individuals that sign the checks in the City. He said there is no backup
sent to the Councilmen because they are not involved in the disbursements.
C/M Schumann said it appears that City officials made the decision to undertake the defense and pay the
judgement or settlement. He said it appears these City officials were working within the perview and scope
of the authority given to them. He said this was not authorized or paid by C/M Bender. He said this case is
pending before some regulatory agency and/or the State Attorney's office. He said he feels the Motion lacks
merit because there was no authority on behalf of C/M Bender to drag this money out of the City. He said
the City officials did this within the scope authorized to them and within their authority.
VOTE: C/M Schumann - NAY
V/M Hoffman - AYE
C/M Bender - NAY
C/M Rohr - AYE
Mayor Abramowitz - NAY
C/M Rohr said now that the business of defense of a Council person has been discussed, he feels that V/M
Hoffman and himself should have the right to a paid attorney for defending them because of a City suit of
which the Judge determined that they would be part of the action against the City. He said he and V/M
Hoffman are innocent individuals who have been dragged into this suit. He asked if he and V/M Hoffman
have the right to be defended by the City and paid for by the City as Councilmen.
City Attorney Ruf said he has not completed his research in this matter. He said he has made several calls to
the Counsel for the State Election Commission. He said he is not in the position to make an affirmative
statement at present.
Mayor Abramowitz said he would vote for approval if City Attorney Ruf were to tell him that he felt it was
entirely proper for the City to undertake the defense of anybody involved in City business; however, the
information is not completed at present.
City Attorney Ruf said he would render an opinion before the middle of next week.
* C/M Rohr MOVED to APPROVE the City of Tamarac pay for a defense
* of a Councilman or Mayor when the individuals have been acting in
* their lawful duty and unless research shows that it is illegal for
* the City to do so.
V/M Hoffman said he feels the Motion needs to be specific that the City pay for the legal fees in this matter
if it is legally permitted to do so and C/M Rohr agreed.
V/M Hoffman suggested that this Motion be held in abeyance until such time as City Attorney Ruf can give
his opinion. He said he feels it would be more proper to bring it up at a special meeting after the City
Attorney's opinion is known and C/M Rohr agreed.
Mayor Abramowitz said this discussion is regarding the printing of the Tam-A-Gram which had the
controversial sample ballot printed.
C/M Rohr said in the Public Information Committee meeting on February 26, 1991, the question about the
hands pointing to the incumbents was asked. He said he thought at that time that it was a copy of the
original official ballot. He said he made a mistake and it was not intentional. He said he did not need the
fingers pointing because his name is in the Tam-A-Gram every month as a Councilman for the City. He said
he apologized if inadvertently those things were done. He said it was not intentional, he did not ask for it,
he did not know who did it. He said it was an error on his part, he made a mistake and he apologized.
Irving Katz, resident of Lakes at Carriage Hills, said he does not feel the responsibility stops there. He said he
feels that whoever condoned and authorized the printing of it should be held equally responsible,
regardless who it is. He said he feels this should have been flagged prior to the time that it went to press.
He said the damage is done and he would like to know who is going to accept the responsibility for it and
what they are going to do to answer something that was a lie.
Mayor Abramowitz said within one half hour from the time this was brought to the attention of the City
Manager and he had brought it to him, the decision was made that the room be locked and no more Tam-A-
Grams be distributed.
Mr. Katz said C/M Rohr distributed them on Wednesday night, February 27, 1991.
Mayor Abramowitz said immediately upon the discrepancy being brought to his attention, the distribution
was ceased. He said he does not edit this paper and through conversation with City Manager Kelly, the
party who does edit this, who edits extremely strenuously, was out of town and not available. He said in
defense of the Public Information Committee, when a Tam-A-Gram edition was distributed, which was solely
written by the City Manager in an effort to explain to the public and the residents of the City what the
amendments were, the Public Information Committee objected to the language and certain words and the
verbiage was edited three times.
Mr. Katz said this was not an accusation, but a question with the hopes of an answer.
Mayor Abramowitz asked what should be done if a person stands up and states that a mistake was made.
Mr. Katz said he would like to know what is going to happen in response to something that could be
prejudicial to him, as a candidate, in this election.
City Manager Kelly said his office should be responsible for the editing. He said technically they are not
supposed to do the
editing; however, they do oversee the paper to make sure what is being distributed is appropriate. He said
Assistant City Manager Dina McDermott ordinarily sits in on all of the Public Information Committee
meetings when the Tam-A-Gram is going to press; however, she was on vacation the week of the meeting
when it was determined what was going to press. He said he feels his office should have seen this error. He
said he briefly glanced at the proof, but what most stuck in his mind was the fact that all of the incumbents
were listed second and that the advantage went to all of the challengers because their name came first and
he did not pay much attention to the hands pointing.
Mr. Katz said Muriel Davis was not listed as an incumbent and Mayor Abramowitz said Muriel Davis is
running for a different seat.
City Manager Kelly said the City has frozen the balance of the Tam-A-Grams.
Mayor Abramowitz recommended that the Tam-A-Grams remain frozen and what has been distributed
cannot be picked up. He said there are two choices as to throw away the remainder of the Tam-A-Grams, or
on March 13, 1991, following the election, distribute the balance of them.
Mr. Katz asked what type of correction is going to be made so that the people who were issued them are
not going to be prejudiced by something that was issued.
Mayor Abramowitz said he does not want a Mayor's Message in the Tam-A-Gram; however, the Public
Information Committee has insisted that a Mayor's Message has always been in there. He said the Board is
very thorough, but he was not present at the meeting to know exactly what occurred. He said City Manager
Kelly and he agreed to freeze the distribution of the Tam-A-Gram. He said mistakes do happen.
Mr. Katz said he is not looking to vilify anybody and this is not a vendetta. He said he wants satisfaction as
an injured party and he would be satisfied if a press release were issued that there was an error and this in
no way constitutes an endorsement of incumbents.
Mayor Abramowitz said the press is present and he requested that the press make such an announcement.
He said a mistake was made.
With no further business, Mayor Abramowitz ADJOURNED this meeting at 10:20 a.m.
NORMAN ABRAMOWITZ
MAYOR
CAROL A. EVANS
CITY CLERK
"This public document was promulgated at a cost of $114.10 or $2.54 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."
City Council Special Meeting
3/1/91/KJ
Page page \* arabic1
City Council Special Meeting
3/1/91/KJ
Page page \* arabic1
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