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HomeMy WebLinkAbout2008-12-22 Special Meeting City Commission Minutes\ MINUTES OF SPECIAL MEETING DANIA BEACH CITY COMMISSION MONDAY, DECEMBER 22.2008 - 7:00 p.M. Mayor Jones called the meeting to order at 7:00 p.m. 2. Roll Call I . Call to Order Present: Mayor: Vice-Mayor: Commissioners: City Manager: City Attorney: City Clerk: Albert Jones Anne Castro Bob Anton John Bertino Patricia Flury Ivan Pato Thomas Ansbro Louise Stilson 3. Discussion of the City Manager's Message to all Employees Mayor Jones read the Message to all Employees which was written by City Manager Pato and distributed to all employees with their paychecks on December 18, 2008. The letter is attached to and incorporated into these minutes. Mayor Jones noted that he found the letter alarming, and thought it could be misconslrued to imply rhat he has done something illegal, unethical or immoral. He said this felt like parting shots from the City Manager. Mayor Jones stated he was willing to give the City Manager an oppotunity to explain why this happened and the reasoning behind his action. He further commented that this Commission has been gracious 1o the City Manager, but he has set those things to be desecrated. City Manager Pato thanked the Mayor for calling the Special Meeting to discuss in detail his letter to the employees. He noted that during this economic crisis, employees are stressed out to the maximum, and sometimes they are asked to do more with less. City Manager Pato spoke about current negotiations regarding the renewal of Collective Bargaining Agreements and the concem of some employees relating to the impact a new City Manager would have on their relationship with elected officials. Furthermore, he wanted to ask all employees to support Assistant City Manager Donnelly as he takes over as Interim City Manager on January l, 2009, as well as the new City Manager. He also thought employees deserved to know the dilficulties and pressures associated with the City Manager position. City Manager Pato noted that in his attempt to get this message to all employees, he lailed to mention that the words were not his, but from an article in the December 2008 issue of public Management Magazine. He apologizedand said that the commenrs were not about this city or this commission. city Manager pato further credited past and present Elected officials, and a very professional stafi for the city,s accomplishments during the past few years. Finally, he remarked that during his 19 yearsworking for the city of Dania Beach, he was never asked by any of the comm'issioners to doan).thing improper, unethical or illegal. Vice-Mayor Castro said she was livid when she read the letter. She thought the letter was unprofessional and demoralizing to give to the employees as rhe city Ma;ager's last letter.Vice-Mayor Castro felt that this letter undermined the Commission with staff, and what the nexlcity Manager will face. She suggested that Mr. Pato do an observation of himself upon his retirement. Vice-Mayor Castro remarked that we are making big efforts and doing tremendous things to move this City forward. commissioner Anton noted he made his personal comments to the city Manager privately and there is no need to reiterate what his colleagues have already said. Commissioner Bertino explained his interpretation of the letter. He was bothered with the inference to illegal and unethical commissions. However, the comments came from the ICMA Public Management magazine. Commissioner Bertino noted that his probtem was that there was no mention that this was not meant to indicate that it was this Commission that was unethical. He said that he is not dislurbed anymore, now that he knows where the article came from. Commissioner Bertino thanked the Mayor for calling this Special Meeting which has served to clarify any misunderstanding. Commissioner Flury said that the tone of the letter is negative and demoralizing. She indicated that workers sulfer more stress than managers, and they do not deserve this letter. Commissioner Flury felt this letter should have been positive and uplifting. She said the employees have made the City Manager look good with all their hard work. Commissioner Flury pointed out that the source ol the comments is not important, but what really matters is the lack of good judgment that went into distributing this letter. Lastly, she said the apology was too little, 1oo latc, and the damage was already done. Commissioner Flury thought the Commission needed to take some action this evening. Commissioner Anton Commissione r Bertino Commissioner Flury Vice-Mayor Castro Mayor Jones Yes No Yes Yes Yes City Attorney Ansbro noted that in his opinion the City Manager was lawfully terminated and there is no need to specify a cause. He further pointed out that a verbal contract does exist between the City Manager and the City Commission which states that Mr. Pato would be paid through April 30,2009. City Attorney Ansbro clarified that if this clause is taken away, Mr. Minutes of Special MeetinB Dania Beach City Commission Monday, December 22, 2008 - 7:00 p.m 2 Vice-Mayor Castro motioned to terminate the City Manager's employment effective immediately; seconded by Commissioner Flury. Thc motion carried on the following rl-l Iloll Call vote: Pato could sue for breach of contract and that most likely the courts would uphold the contract.City Attomey Ansbro said the City has a good opportunity to prevail. commissioner Flury admitted that we do have a verbal confact with Mr. pato, and she would not like to engage in any type of litigation, therefore she suggested not changing anything the Commission had agreed upon. Commissioner Flury recommended severing the relationship and paying the city Manager's salary prior to December 31, 2008, so that he does not continue to be on the payroll. She further clarified that his health benefits would still be paid through April 30, 2009. commissioner Bertino noted the cash payout would have tax consequences to the City Manager. He thought we were not taking into consideration the good things he did for the City and furthermore, we are sending the wrong message to the employees and the future City Manager. Mary McDonald, Director of Human Resources and Risk Management, clarified that the onty way to continue health benefits, if the City Manager is paid out now, would be for the City to pay Cobra benefits through April 30, 2009. Discussion followed among the Commission regarding the seriousness of the issue and the consequences that current and future elected officials would have to deal with. Vice-Mayor Castro noted that in other professions, if you plagiarize, you would be dismissed Mayor Jones noted that sometimes it is hard to make certain decisions, but we must do it for the good of the citizens of Dania Beach. Commissioner Flury noted some things have deteriorated over the past few years. She reminded everyone that the City Manager could not get the necessary votes fbr the renewal of his contract at the time it expired. Commissioner Flury reiterated that this is not a one-time occurrence. Minutes of Special Meeting Dania Beach City Commission Monday, December 22, 2008 7:00 p.m Yes No No Yes J Commissioner Anton noted this was a major issue; when people perceive something as being true, it is true 10 them. He remarked that, unfortunately, there is a consequence that this City will have to pay. Commissioner Anton stated he was personally offended by this letter and believed it caused tremendous harm in the community. He noted he made the original motion lbr the City Manager to retire and make it a clean, easy settlement which would allow him to leave the City with his dignity intact. The City would have then continued to move forward with a positive image. Commissioner Anton pointed out that the letter left a negative imprint on the City and he is concerned with keeping Mr. Pato on the payroll through April 30,2009. Commissioner FIury motioned to pay the City Manager his salary through April 30,2009 no later than December 31, 2008, with the City paying the Cobra benefits for health benefits through April 30,2009; seconded by Commissioner Anton. The motion carried on the following 3-2 Roll Call vote: Commissioner Anton Commissioner Bertino Vice-Mayor Castro Mayor Jones Commissioner Flury Yes vice-Mayor castro motioned to appoint Assistant City Manager Colin Donnelly as theInterim City Manager effective immediately; secondetl by Commissioner Bertino. The motion carried on the follorving 5-0 Roll Call vote: Commissioncr Anton Commissioner Bertino Commissioner Flury Vice-Mayor Castro Mayor Joncs Ycs Yes Yes Yes Yes commissioner Bertino asked the city Attomey to discuss with the Airport attomeys, the possibility of an inverse condemnation suit against the county, for loss of revenue imposed by their action. commissioner A;rton provided an update on the Airport issue. He noted this is the worsr possible initiative of all the runway altematives that could affect our City. Commissioner Anton further advised thal the Airport attomeys would make a presentation at lhe January 13, 2009 city Commission meeting for the benefit of the residents of Dania Beach. Mayor Jones noted the less said at the dais, the better, and noted that the Commissioners should meet with the Airport attomeys individually. Commissioner Anton noted that Attomey McAliley is available to meet with the individual Commissioners prior to the January 13, 2009 City Commission meeting. 4. Adjoumment Mayor Jones adjoumed the meeting at 8: I I p.m ATTEST: d."-- LOUISE STILSON, CMC CITY CLERK Approved: January 13, 2009 .r Minutes of Special Meeting Dania Beach City Commission Monday, December 22,2008 -7:00 p.m ED's.r, =:= -f\=:i ALBERT C. JO MAYOR-COMMISSIONEIT 4 rE9 "J CITY OF DANIA BEACH >^.. AMESSAGE TO ALL EMPLOYEES As you know, I have armounced my retirernent effective April 30d', 20@, I will, however, relinquish my daily duties toACM Dormelly effective January I ",2009; ACM Donnelly will become yorn Interim City Manager mtil the commission hires a permanent one. As we all prepare to welcome a rrcw Crty Manager I wanted to share with you some of the unique aspects ofthis profession that I have leamed during my tenure as yor:r longest sewing City Manager and to also ask you to support ACM Donnelly when he takes over tlre helm. Among the many challenges a Crty Manager faces every day are sbrinking resources and the expecta- fion from elected officials ard citizens alike ofever more resporsive and transparent govemmen! a suhan- tial reduction in rwenux a*l tbe deman& for higher wages and mole benefits. To be successfirl, your next City Manager will have to master a wide range oflnowledge. From leaming abou the uniqueness ofthe City ofDania Beach to the skills needed to manage a changing worldorce, the lack ofdowrrown redevelopment and Hurnan Resouce and Finance issues. What makes this management job unique and incredibly stressful however is none ofthe challorges I listed, it is $e challenge ofworking fon a srnall group ofelected officials few ofwhom have a clear rmderstanding ofwhat and how you all do your jobs. While some are gifted politicians many of ttrem lack the skills that would make tlrem effective managers. All these issues and the sfresses ofthe job re manageable if we are able to establish and maintain the trust ard confidem:rc ofthe elected officials. Frequently relatimships benreen City Managers and elected officials begin to erode when a single elected offrcial is no longer pleased by something the City Manager may have said or done, sometimes it is becarse we say no to an iltegal unehical orjust plain ridiculous requesq geting along with the elec'ted body is critical bu it requires a skill not taught in college, it is learned on thejob through painful rial and error. I want to bid you all a fond farewetl and say thank you for being a dedicated public sewant. As a property owner and taxpayer in the City of Dania Beach I will keep a watchful eye on this grea city, especially as we apprmch a very important municipal election in March of2009. We want to make sure that the candidates who are running want to serve tlre public interest and notjust the sperial interest. Have a great holiday season and a tlappy New Year! Wrth deep gratitude, Ivan Palo Dear fellow employees; .74