HomeMy WebLinkAbout2000-03-23 Special Meeting - Dania Housing Authority (Removal of Clara Randall) City Commission Meeting Minutes SPECIAL COMMISSION MEETING
MINUTES
23 MARCH 2O00
7:00p.m.
Mayor McElyea called the meeting to order at approximately 7:00p.m.
Present were: Commissioner Jim Cali
Commissioner Bob Mikes
Vice-Mayor John Bertino
Mayor"Mac" McElyea
City Manager Michael Smith
City Attorney Tom Ansbro
Administrative Services Director Sheryl Chapman
Commissioner John Etling was absent.
William Winkelholz, Chairman, was present to represent the Dania Housing Authority.
Mayor McElyea requested that the City Attorney provide some advice on this situation.
City Attorney Ansbro gave a summary of Florida Statute Section 421.07 entitled Removal of
Commissioners which pertains to Commissioners serving with Housing Authorities in the State of
Florida. This section of the Statute provides as follows: For inefficiency or neglect of duty or
misconduct in office, a Commissioner may be removed by the Mayor with the concurrence of the
governing body. A Commissioner shall be removed only after he or she has been give a copy of
the charges at least ten days prior to the hearing thereon and had an opportunity to be heard in
person or by council. In the event of removing a Commissioner, a record of the proceedings
together with the charges and the findings thereon shall be filed in the office of the Clerk. On
February 28 of this year then Mayor John Bertino sent to Ms. Randall with copies to all of the
Commissioners, City officials, and the Housing Authority officials a copy of the charges that were
presented by Mr. Wiinkelholz on behalf of the Dania Housing Authoirity. This letter is emanating
from the Mayor as the statute requires. The Mayor currently is Mr. McElyea. It is his prerogative
to continue with the hearing for the removal and if there is a majority vote with the concurrence of
the Commission, then removal will ensue. At that point we will need to address some findings
from the Commission as to whether or not the charges have been sustained because the law
does require that findings be made. They can be relatively brief and limited, but it is my
understanding that the Housing Authority wishes to make a case, present its facts as the basis for
its recommendation for the removal to the Mayor and that they are prepared to do that. For
purposes of this kind of hearing, and there are no rules or procedure for it, but just to control the
hearing, I would recommend that we could hear preliminary statements from both parties.
Mayor McElyea requested that the chairman of the Housing Authority present his case.
City Attorney Ansbro suggested that if there are witnesses, one witness at a time should be
allowed to testify and that they be cross-examined.
Mayor McElyea asked whether the Commission had met all requirements for the hearing.
City Attorney Ansbro explained that we published this notice in the paper more than ten days in
advance of the hearing. He said, "I know that there was a request by the attorney who is here on
behalf of Ms. Randall, Mr. Parks, to continue the hearing. That would not be something that
could be done unless the Commission wished to hear that tonight and if it grants it then it does. I
• was requested then to contact Mrs. Smelcer which I did last Thursday or Friday at Mr. Parks
MINUTES 1 MARCH 23,2000
request to see if the Board would agree to a continuance. The Board declined to agree to a
• continuance and, therefore, there may be a request for that continuance this evening. I don't
know if that's still sought by Ms. Randall's attorney or Ms. Randall herself. I'll let Mr. Parks, the
attorney, address that. That clearly is an option the Commission has especially since we have a
four member Commission here tonight. Mr. Etling has asked to be excused as he was
unavailable, so you do have the risk, obviously, of a tie vote. I caution you that if there is a 2/2
vote, a motion will fail." Mr. Ansbro then turned to the Mayor for comments or additional
questions.
Mayor McElyea asked whether any Commissioner had any comments before he opened the
hearing.
Commissioner Cali made a motion to excuse Commissioiner Etling. Vice-Mayor Bertino
seconded the motion which then passed on a 4/0 roll call vote.
Cali -Yes
Mikes -Yes
Bertino -Yes
McElyea -Yes
Commissioner Cali asked the City Attorney who could ask questions in the cross-examination or
the direct examination of the witnesses. Do the counsels for the various parties ask questions or
can the Commissioners ask questions as well?
City Attorney Ansbro stated that the Commissioners could ask questions of each of the
witnesses or the people who are representing the parties as long as order is kept by having one
person at a time speak.
• Vice-Mayor Bertino asked whether this is the Mayor's decision.
City Attorney Ansbro responded that the initiation of the.proceedings has to come from the
Mayor under the statute. The Mayor cannot make the decision on his or her own. He needs the
concurrence of the Commission. Vice-Mayor Bertino clarified that the decision of the Mayor
needs the concurrence of the Commission the same as when a person is appointed to the Board.
Vice-Mayor Bertino then asked whether as Commissioners who were only approving or denying
the Mayor's motion, all Commissioners would have the right to examine witnesses or would only
the Mayor have that right? City Attorney Ansbro responded that all Commissioners would have
the opportunity to ask questions, but witnesses have a right not to respond if they so chose.
Mayor McElyea then opened the Public Hearing and asked Mr. Winkelholz or his assistant to
present the case for the Housing Authority.
Mr.Winkelholz requested a clarification. He said that the City Attorney stated that this is the
Housing Authority's case. He contends that this is not the Housing Authority's case. The letter
was sent by the City, signed by the Mayor. Therefore, under Florida statutes that is in
compliance and it is the City's case, not Dania Housing Authority's case. He then asked if this
was understood or whether he was wrong.
City Attorney Ansbro responded that the former Mayor Bertino is here because all of the
evidence and all of the charges have been presented to the Mayor who has not independently
allowed those charges or proposed those charges, but he has allowed them to go forward. So if
the current Mayor chose not to even hear this, he could do that. It is the prerogative of the Mayor
to initiate the proceedings. Then Mayor Bertino chose to do that to afford everyone an
opportunity at a full and fair hearing in an open forum to address these matters. If current Mayor
• McElyea chooses not to do that, that is his prerogative as well.
MINUTES 2 MARCH 23,2000
Mr.Winkelholz responded that he was told by Dania Housing Authority Executive Director Rita
Smelcer that Dania Housing Authority would have to prepare the case. Mr. Winkelholz said that
his thinking and Dania Housing Authority's attorney's thinking was that it is the City's
responsibility to get the facts and present them. Mr. Winkelholz stated that he has prepared
statements and is willing to go forth if this is what the Commission wants, but it is the City
Attorney's responsibility to prepare the case.
City Attorney Ansbro stated that he respectfully disagreed with the statement that said whose
duty it is to prepare the case. The charges emanate from the Housing Authority, and the City
Attorney knows of no reason in his research—and he did research the statute—that talks about
any duty on the City Attorney that it is incumbent upon him or her to present such a case.
City Attorney Ansbro then requested that as each witness comes forward to the podium, that
they identify themselves so that they can be identified because a tape recording is being made,
as the statute requires, so that we keep a record of this.
Mayor McElyea said that he could make this real short, but if the parties prefer to present it, we
would move forward.
Mr.Winkelholz said that he had presented the Commission with a lot of literature and he would
like to break it down into phases. Mr. Winkelholz stated that his name was Bill Winkelholz and he
is chairman of the Dania Housing Authority. Mr. Winkelholz stated that he would read verbatim
from his prepared statement because it is important. "'I am here tonight because the Board of the
Dania Housing Authority, City of Dania (sic) has unanimously requested by Resolution 095 that
the Mayor of Dania Beach with the concurrence of the City Commission remove Commissioner
Randall from the Housing Authority for conduct which Dania Housing Authority considers to be
misconduct in office.' You have Resolution in your packet. I outlined them in accordance with the
way I am reading from my information on the Resolution. Would you like the Clerk to read this
into the record or not?"
Mayor McElyea asked the City Attorney for the proper procedure.
City Attorney Ansbro said that if you ask for it to be a part of the record, we will do that. He
stated he believed that all of the Commissioners as well as the City Manager and himself had
read all of the documents that Mr. Winkelholz had furnished them as well as Ms. Randall.
Mayor McElyea requested that for clarification, the Resolution be read into the record.
The City Clerk requested clarification on which document was to be read.
City Attorney Ansbro read Resolution 095 as follows: "Be it resolved and it hereby is that the
Board of Commissioners of the Housing Authority of the City of Dania (HACD) wishes to place in
the record a statement of the Board's displeasure with resident Commissioner Clara Randall for
actions by Commissioner Randall which the Board considers misconduct in office including but
not limited to abusive, obscene, and condescending language directed toward prospective HACD
clients on HACD property on January 2 and January 3, 2000, at which time Commissioner
Randall identified herself as an HACD Commissioner representative and further that by
correspondence to be signed by the Chairman of the Board, that the Board of Commissioners of
the Housing Authority of the City of Dania HACD shall make a request to City of Dania Beach
Mayor John Bertino and/or Mayor-elect C.K. "Mac" McElyea that the Mayor immediately exercise
his option under Florida Statute Chapter 421.07 to remove Commissioner Randall from the office
of HACD."
Mr.Winkelholz stated that the hearing being held tonight is an administrative hearing not a court
of law. The issue to be decided is whether or not the City Commission believes that
Commissioner Randall is guilty of misconduct in office. If the majority of the Commission believes
MINUTES 3 MARCH 23,2000
that, they can remove her from the Dania Housing Authority Board in accordance with Florida
• Statute 421.07, a copy of which Mr. Winkelholz provided to the Commission. Mr. Winkelholz
stated that the Board did not come to this hearing with representation nor did they ask witnesses
who had provided written statements to attend. The City Commission was previously furnished
copies of the documents considered by the Board in arriving at their decision and the Board is
present at this hearing and is willing to respond to any questions from the Mayor or members of
the City of Dania (sic).
The next item in the packet is Commissioner Randall's Oath of Office including her sworn
agreement to faithfully perform all duties of the Office of Commissioner. Those duties include
insuring that the HACD operates in accordance with the highest ethical standards. Commissioner
Randall's conduct has fallen far short of these standards in regard to both her personal
obligations as a resident and her obligations as a Commissioner to set a good example for clients
to be served and to project a good image of the Authority and the City which she represents. Mr.
Winkelholz stated that the Commission has a copy of Commissioner Randall's Oath of Office. On
the back, he attached a job description of a Commissioner of Dania Housing Authority. "Next, we
have 'Concerning Commissioner Randall's personal obligation as a resident, she has on two
occasions signed repayment agreement acknowledging debts to Dania Housing Authority due to
unreported income. During the fall of 1998, she failed on four occasions to voluntarily report
income which would have resulted in an increase in her dwelling rent.' Specific details and dollar
amounts involved in these instances are not important to this hearing as the matters were
ultimately resolved. What is important to note is that Commissioner Randall was officially
reprimanded regarding this matter by her fellow Commissioners by Resolution 050 by unanimous
vote in June 1999. The Board's intention by merely reprimanding Commissioner Randall was to
give her the benefit of the doubt concerning her intentions regarding serious violations of both her
public housing lease and her ethical obligations as a Commissioner."
• Mr. Winkelholz pointed out that the Commission has in their packets resident Clara Randall's
income reporting history which begins 10/98 and showing where she started work at Memorial
Hospital at that time and did not resolve this until 11/98 which is past the 10 days of reporting
time. "She requested an informal hearing and it was ruled in favor of the Dania Housing
Authority. On 12/98, Ms. Randall signed a repayment agreement for November and December
rent. `The$68 utility reimbursement I received was unreported income. Total due was $333.' It
goes on into more serious ones. In mid-November, Dania Housing Authority was afforded a copy
of an expense report listing $720 to Ms. Randall on 2/24/98. On 11/30/98, the Housing Authority
was presented a check in the amount of$90 for poll work which had nothing to do with this $720.
On 12/98, a letter was brought in from a co-worker regarding campaign payments. It stated that it
was$360. This was not adequate documentation so it was brought on there. There is another
one on 2/4/99 showing a change in dollar amounts. On our February 8 meeting in 1999,
Commissioner Randall was confronted with the campaign payment of$1152 at the Board. Ms.
Randall admitted receipt of same. This income was over four months old and had never been
reported. That is just a brief history of what has transpired. We also have Resolution 050 if you
want that read into the record. This would be the document reprimanding her."
Mayor McElyea asked that Resolution 050 be read into the record.
City Attorney Ansbro read Resolution 050 which shows a hand written date of 6/14/99 in the
upper right-hand corner as follows:
Concerning Discussion of Board Resolution Regarding Commissioner Randall (requested
by Chairperson Winkelholz), a lengthy discussion was held regarding this item, which in
part concerned the amount of restitution Commissioner Randall would be required to
make. It was determined that Commissioner Randall would be required to make
restitution in the amount of$382.41, which Commissioner Randall agreed to pay. After
• discussion, Commissioner Azrikan presented the following Resolution:
MINUTES 4 MARCH 23,2000
•
RESOLUTION #050
BE IT RESOLVED, and it hereby is, that the Board of Commissioner of the
Housing Authority of the City of Dania (HACD)wishes to place in the record a
statement of the Board's displeasure with Resident Commissioner Clara Randall
for(1) her failure to timely report, on four(4) occasions during the past year, all of
her personal income which directly affects the amount of monthly rent to be paid
to the Authority, which is a violation of both HUD regulations and her Dwelling
Lease with the Authority, and which resulted in her making a lower monthly rent
payment than would otherwise be required, and (2)with Commissioner Randall's
continual failure to timely and properly report changes in her income, which have
required that she enter into Repayment Agreements on two(2) separate
occasions with the Authority for the payment of rent based on unreported
income; and
FURTHER, that even though HACD is not pursuing an eviction action against
Commissioner Randall at this time based on concerns regarding the high costs
attendant to such litigation and the Board's desire to conserve limited financial
resources for the provision of housing services to the community, this action in
no way is intended to exonerate Commissioner Randall or to imply that her
behavior in this matter is considered by HACD to be acceptable, and therefore
HACD is reserving the right to pursue eviction actions against Commissioner
Randall should she continue to violate her responsibilities under her Public
Housing Lease Agreement and/or fail to pay the agreed upon arrearage of her
• account with the Authority in the amount of$382.41 by Friday, June 18, 1999;
and
FURTHER, that Commissioner Randall's actions in this matter constitute a failure
to serve as a good role model for other residents and fails to project the desired
image of a Commissioner as a community minded individual of the highest
integrity with no thought for personal gain; and
FURTHER, that the Executive Director is directed to immediately provide a copy
of this Resolution to each member of the Dania Beach City Commission.
Commissioner Grace seconded the motion, and the Resolution passed unanimously. The roll call
vote was as follows:
AYE NAY ABSTAINED
Grace Randall
Mitchell
Azrikan
Sette
Bullock
Winkelholz
Mr.Winkelholz stated that the next item was a letter to the Mayor with a discussion of the
complaints and statements:
Unfortunately, subsequent actions by Commissioner Randall have resulted in numerous
complaints from Saratoga residents, Dania Beach residents, and prospective Section 8
MINUTES 5 MARCH 23,2000
clients regarding her misuse of Housing Authority funds entrusted to her for a Saratoga
• Apartments children's Christmas party and regarding extremely abusive and vulgar
language. Copies are attached as to the fact of that language which was used by
Commissioner Randall while claiming to represent Dania Housing Authority. Some of
these people have put their complaints in writing and some did not for fear of reprisal.
But the exact number of complaints is not the issue. There are enough complaints from a
variety of sources to cast extremely serious doubts on the appropriateness of
Commissioner Randall remaining on the Dania Housing Authority. The Dania Beach City
Commission has the sole authority to determine the qualification of a Housing Authority
Commissioner and to remove any Commissioners lacking those qualifications. By
Resolution 095, again a unanimous vote of the Board, the Board of Commissioners of the
Dania Housing Authority has requested that you use this authority to remove
Commissioner Randall.
"I'd like to thank you for your time and hope to have your support. If you have any questions, I'd
be glad to fill in."
Mayor McElyea asked whether the Commission had any comments.
Commissioner Cali asked whether there was any reason why the information from the hearing
officer was not included in either the packet provided to the Mayor or the packet provided to the
Commission.
Mr.Winkelholz said that as he stated in his brief message, "The monetary value has nothing to
do with this. That has been resolved."
Commissioner Cali asked why it was an issue here tonight. Commissioner Cali then read from
. the hearing officer's report dated April 19, 1999, which was two months before Resolution 50,
beginning at the bottom of page 2: "The Housing Authority failed to prove they formally requested
written documentation from Ms. Randall or give reasonable need of actions or date to comply.
Therefore, she could not be in violation of this section as stated in her termination letter. Most of
the information regarding the reporting of income was verbal. Neither side had written
documentation. There were no notes submitted with dates nor were there documents requesting
information. There was only alleged broken promise to provide information which at this point
cannot be proved....Determination: Based on the evidence presented, is the determination of this
Hearing Officer to rule in favor of the tenant, Clara Randall." "If this case was heard by a hearing
officer, why is it coming back again? If it has already been resolved, and you stated that the
amount of money was immaterial, if it has already been administratively heard, then why is it back
here again?"
Mr.Winkelholz stated that the reason is to show a pattern of the sequence of events continually
happening. The reason I didn't bring this information was that I said it has been resolved. There
are false statements in this. There is false monetary money (sic) if you want to get involved in
that. I have the documents here to prove it.
Commissioner Cali stated that he didn't think there was a need to hear something that has
already been heard and tried.
Mr.Winkleholz told Commissioner Cali that he was being contrary. He stated that
Commissioner Cali was asking Mr. Winkelholz why he did not put this in his statement. Mr.
Winkleholz said that he already stated in his letter that that issue was resolved. "Commissioner
Randall paid the restitution. By paying restitution, to me that means that she admits wrong."
Mayor McElyea recognized Commissioner Mikes.
Commissioner Mikes stated that since the administrative hearing had been introduced, the full
conclusion—not just the determination—should be read because the conclusion has two parts. It
MINUTES 6 MARCH 23,2000
has a determination and it has closing remarks. Commissioner Mikes then read the closing
. remarks as follows:
In closing the Housing Authority's lack of documentation, proper verification, and the
amount of money involved prevented the Agency in following through with their
determination.
Commissioner Mikes asked if he was correct in his assumption that this was for Termination of
Tenancy. He continued to read:
Ms. Randall is personally at fault and has to take responsibility for her actions. Ms.
Randall is not only a tenant, but a Tenant-Commissioner and her actions should set an
example for other tenants. Her Commissioner status does not make her exempt from
being governed by the same rules and regulations as other tenants. It is a privilege to
serve as a Commissioner on the Board of Directors for the Housing Authority and should
not be abused. Only as a result of a technicality will Ms. Randall be granted yet another
opportu.nity to adhere to the rules and regulations set forth by HUD and the Housing
Authority of the City of Dania.
"Between what Commissioner Cali just read and I just read is the total conclusion and closing
remarks. What we are here for tonight is to put this whole thing in perspective and again, we are
talking about someone who is serving in a privileged position. This is a little different than may be
inferred by others."
Mayor McElyea asked whether the attorney for Ms. Randall wanted to speak.
Attorney Steven Parks: "My name is Steven Parks, Law Office of Cuervo and Parks, PA. We
• have been charged and been given the privilege of representing Clara Randall at the hearing
today. The representation is a requirement of Ms. Randall's position as a Commissioner of the
Housing Authority of the City of Dania whereby she is charged with the responsibility of assisting
the residents of Saratoga and other Section 8 housing residents throughout the Dania area and
presenting their positions to the Commission Board. The hearing today has been called as a
result of the Housing Authority's displeasure with Ms. Randall's conduct cumulatively over a
period of what amounts to be five years. Although the statements that were made previous to my
statement tonight indicate that the events which have given rise to this have only taken place in
the last year or year and a half. I have had the privilege of representing Ms. Randall both today
for this Commission and also at the hearing which took place in April of 1999 wherein the hearing
office, Fumiko Jackson, heard the issues presented by the Housing Authority through their
representative, Rita Smelcer, as executive director, and effectively heard the contrary testimony
of individuals who justified Ms. Randall's actions and exemplified the fact that she did not do
anything wrong at that time. It was my impression when Mayor McElyea introduced this meeting
and asked for a preliminary statement that it was going to be a statement. I would like the
Commission to be well aware of the fact the statements that were made by Mr. Winkelholz a few
moments ago were simply speculation and conjecture on his part. There have been no facts
presented to this Commission. We are here as an evidentiary hearing to determine whether or
not there is substance to Mr. Winkelholz' and the Commission's position that Ms. Randall is not fit
to act as a Commissioner. I think this Commission has an obligation to both Ms. Randall and to
the City of Dania (sic)to ensure that it takes the appropriate action and requires that appropriate
misconduct be exemplified by factual evidence before it takes the awesome step of removing the
Resident-Commissioner from the Housing Authority. This City Commission has seen enough
racial divisiveness in the recent past and does not need to have any further difficulties based
upon issues that may be raised at this hearing today."
Mayor McElyea: "Hold it! We are not talking racial. We are talking about a person, and I am the
Mayor and I want you to knock it off or I will ask you to leave. I do operate this meeting here as
the Mayor. This is not a racial situation. I want you to understand that."
MINUTES 7 MARCH 23,2000
• Attorney Steven Parks: "I am very pleased to hear that Mayor McElyea, and I know personally
that you are an impartial individual and that you would not stand for anything that was based
upon racial guidelines, and I am not here to suggest that."
Mayor McElyea: "Well, don't even start it then. We are not here to talk race. It is a person."
Attorney Steven Parks: "We are talking about Clara Randall as a..."
Mayor McElyea: "No! I don't want to hear it! I can remove her immediately if I can get a
second, and I'll put a new person on there."
Attorney Steven Parks: "Mayor, I believe Ms. Randall has the right to be heard today."
Mayor McElyea: "Well, just knock off the racial bit."
Attoney Steven Parks: "With all respect, Mayor, I will continue with my statement. Regarding
my position with regards to Ms. Randall, I believe that a history of her conduct on the HACD
Commission is appropriate at this time."
Mayor McElyea: "I'm not proud of the way she has operated. So go ahead."
Attorney Steven Parks: "May I continue, Mayor?"
Mayor McElyea: "Yes, but leave the racial bit out. We are people. I hope they will begin to
believe this."
• Attorney Steven Parks: "I think the Commission has to be reminded that Ms. Randall's history
has not been one where she has just sat on the Board for the last year or so. Since 1996, Ms.
Randall has participated in the community, first as a volunteer, as a crossing guard, no less, at
Collins Elementary, later as the president of the residents council at Saratoga in April of 1996,
and, thereafter, as a result of her success and at the encouragement of this Commission or the
Commission that preceeded it, Ms. Randall was given the opportunity to become an HACD
Resident-Commissioner in 1997. Since 1997 her activities as a Resident-Commissioner have
helped to inspire new programs such as drainage programs at Saratoga development,
playgrounds, remodeling, fences, etc. She is a tenant advocate. She has always been a
member of the Saratoga community and she has demonstrated that she is well behind their
efforts to make a place for themselves in this City. She has basically never had a tenant act
against her or suggest that she has taken inappropriate activities. The only displeasure against
Ms. Randall's conduct in general at this point is that that has been voiced by the actual Board.
It is our position today that you will find that the Board's displeasure is based upon Ms. Randall's
insistence upon being involved in all of the activities of the Board and in asking the questions that
are the important questions and in standing up for the rights of the Saratoga residents and in
standing up for the rights of the Section 8 housing individuals who this Board represents and has
to qualify. Effectively, Ms. Randall may be a thorn in the side of the Board, but she is a member
of the Board and she plays a very important role in making certain that the people in this
community are properly heard and that they have representation on that Board. She is simply not
there to rubber stamp their actions. That may have very well been a very big source of
discontentment with the Board during the last year and a half which has culminated in the hearing
today. It is my understanding from the letter sent by then Mayor Bertino, that there were three
problems that have been brought to this Commission's attention today. The alleged failure to
timely report income received between September through November of 1998, the alleged abuse
of administrative powers and the use of foul language, namely profanity, when addressing a
group of dissatisfied applicants for Section 8 housing on January 3`d of 2000, and the alleged
• abuse of office or misconduct connected with failure to properly spend $100 allocated by the
HACD to be used at a Christmas party for the children and residents of the Saratoga
MINUTES 8 MARCH 23,2000
development. As far as I know and I would stand corrected if you correct me on this, those are
• the three issues that have been presented to substantiate her misconduct. That is the substance
of what the HACD is seeking to use your power to remove Ms. Randall. Unless there is actual
factual basis presented to this.Commission today to justify those three items, there is nothing
further in Ms. Randall's history to justify misconduct or abuse of office, or abuse of power. Now in
order to substantiate her case, we have come prepared today to present live testimony from
people who can give information relative to these points. We are extremely concerned by the fact
that the HACD has supplied documentation, written statements that were made at the request of
the HACD, and presented to this Commission as factual evidence of her misconduct. I refer to
those statements made by the alleged participants in the rally or the attempt to obtain
applications on January 3, 2000, and I also have attached letters or have seen attached letters
which basically were from individuals who were displeased by the fact that they did not receive
toys at the Christmas party which Ms. Randall organized somewhat at her expense prior to
Christmas 1999. I'd like this Commission to be open-minded, which I know it is, and fair, which I
know you are, Mayor McElyea, and give Ms. Randall an opportunity to be heard so that the true
facts which gave rise to the allegations that are before you today come out. And that when the
Commission makes a final decision this evening, it does so based upon what it knows to be the
truth as opposed to what it sees as speculative allegations made by a Board which is hostile to
her because she is not entirely supportive of the means by which they do business. I believe that
you would want to have a tenant advocate on your Board. I believe that you would want Ms.
Randall to advocate for the tenants of Saratoga and to advocate for the people of Dania just as
you, Mayor McElyea and you, Vice-Mayor Bertino, advocate for your constituents in this City. As
such, I think you owe the opportunity to hear-out the entire scope of the allegations and to listen
to factual evidence tonight. To simply accept what has been propounded as the written basis
upon which HACD can act would be an injustice not only to Ms. Randall, but to the City of Dania
(sic).
• With that, I would like to proceed to the witnesses and bring the factual evidence before you."
Mayor McElyea: "Okay. Call your first or second or all at one time.'
Attorney Steven Parks: "Very good. Do we have a Ms. Treda Melvin here tonight? How would
you like to present the witnesses, Mayor?"
Mayor McElyea:. "I would like them to come up and announce their names. You step aside or if
they need you, you stand beside them. I'll let you do what you think is right, and if I think that
you're wrong—if you get into racial issues—I'm going to stop. It's not a racial situation, it's a
people situation and I want the best for the public here. If they're going to start—if you want to
play games—I can remove her and I will."
Treda Melvin: "My name is Treda Melvin, and I am a resident at Saratoga Apartments."
Attorney Steven Parks: "Ms. Melvin, were you present on January 3rd, 2000, when individuals
gathered at the administrative offices of the Housing Authority City of Dania to attempt to obtain
applications for Section 8 housing?"
Treda Melvin: "Yes, I was."
Attorney Steven Parks: "Did you participate in that line-up for applications?"
Treda Melvin: "Yes, I was there from about 2:30 in the morning."
Attorney Steven Parks: "How many individuals would you say were with you at that time?"
Treda Melvin: "I was there alone, but there were several people there—maybe 30 people. It
was quite a few people."
MINUTES 9 MARCH 23,2000
® Attorney Steven Parks: "Sometime early that morning did you have an occasion to see Clara
Randall?"
Treda Melvin: "Yes."
Attorney Steven Parks: "And what was Ms. Randall there for?"
Ms. Treda Melvin: "She came an said, 'Excuse me, ladies. I told you earlier that there is no
applications for Section 8.' After she said that some remarks were made. She said that she sat
on the Board and she would know if they were taking applications. Some more remarks were
made and Ms. Randall went to the police officer and told him whatever. I don't know, but he did
come back over and she left. I assumed she was going home."
Attorney Steven Parks: "The remarks you are referring to are from the people in the crowd?"
Ms.Treda Melvin: "Yes."
Attorney Steven Parks: "What was Ms. Randall's disposition during this occasion?"
Ms.Treda Melvin: "Like I said, she came up and she said, 'Excuse me ladies, I told you
earlier...' I mean she said, 'Excuse me, ladies...' that tells me that she came up in respect."
Attorney Steven Parks: "Did you hear the entire scope of her conversation with the crowd at
that time?"
Ms.Treda Melvin: "Yes, I heard her.....I mean we were all there together."
Attorney Steven Parks: "Did she ever use any profanity?"
Ms.Treda Melvin: "No. Not while I was there, she didn't."
Attorney Steven Parks: "Were you there the entire time?"
Ms.Treda Melvin: "Yes. I was there from about 2:30 in the morning until about 8:30 when Maria
here showed up and told us officially that there was no applications going to be taken."
Attorney Steven Parks: "At any time did you hear Ms. Randall curse at the crowd or make any
disparaging remarks to them?"
Ms.Treda Melvin: "No."
Attorney Steven Parks: "Did Ms. Randall conduct herself in a manner that you would consider
to be professional?"
Ms.Treda Melvin: "Yes, she did. She came up and said, 'Excuse me, ladies...
Attorney Steven Parks: "Thank you very much, Ms. Melvin."
Mayor McElyea recognized Commissioner Mikes.
Commissioner Mikes: "You are Deana Mason, is that right?"
Ms. Treda Melvin: "No. My name is Treda Melvin."
• Commissioner Mikes: "Do you know Deana Mason?"
MINUTES 10 MARCH 23,2000
• Ms.Treda Melvin: "No."
Commissioner Mikes: "Do you know a Connie Perkins?"
Ms. Treda Melvin: "No, I don't."
Commissioner Mikes: "Do you know Calo Cornelius?"
Ms.Treda Melvin: "No, sir."
Commissioner Mikes: "How about a Loretta Martin?"
Ms.Treda Melvin: "No."
Commissioner Mikes: "Alright, thank you."
Vice-Mayor Bertino: "Excuse me. Where do you live now?"
Ms.Treda Melvin: "Saratoga Apartments."
Vice-Mayor Bertino: "So you did get an application at some time, right?"
Ms.Treda Melvin: "For public housing. I'm on public housing."
Vice-Mayor Bertino: "You were standing with these people from 2:30 to 8:30 and you were
already living in the complex?"
Ms.Treda Melvin: "I moved there a while back. My husband got ill and died, so I've been there
for like four and a half years. And getting this Section 8 would entitle me to move my kids out of
that neighborhood."
Commissioner Mikes: "Why would you want to move your kids out of that neighborhood?"
Ms.Treda Melvin: "Because I'm not comfortable there. I really am not."
Commissioner Mikes: "Could you be more specific? Are there drug sales and things like that?"
Ms.Treda Melvin: "It was that earlier, but the drugs are not there anymore. I can be honest with
that. It is cleaning it up, you know. The neighborhood is getting better."
Commissioner Mikes: "Did anybody in Saratoga help clean it up?"
Ms.Treda Melvin: "Well, I called the police a number of times. I mean....and Gregory Myers
when he was in the office, he did a lot of work there. And I can firmly say that these guys came
out and helped. I mean I can't stand and say it's a racial thing because these people came out
and helped clean up the neighborhood."
Commissioner Mikes: "So it's a little better?"
Ms. Treda Melvin: "It's getting better. I can see it is."
Commissioner Mikes: "Okay. Thank you."
• Attorney Steven Parks: "I have one more question for Ms. Randall. Ms. Melvin, what
relationship if any do you have with Clara Randall?"
MINUTES I I MARCH 23,2000
• Ms.Treda Melvin: "I have no relationship with her. I mean I go to the meetings at the office.
She gives me feedback where I don't understand the red tape and what is going on. She tells us
this is going on and that is going on. You need to sit in meetings and show your support and
interest. This is basically what I know about this lady."
Vice-Mayor Bertino: "How long have you been on public housing there?"
Ms.Treda Melvin: "Like I said, about four and one-half years. My husband got sick and died
and left me with three kids to raise."
Mayor McElyea: "Ok. Next......Ms. Smelcer, did you want to speak?"
Ms. Rita Smelcer: "Yes, I wondered if I could make...."
Mayor McElyea: "Come up to the mike, please, and state your name for the record."
Ms. Rita Smelcer: "My name is Rita Smelcer. I am Director for the Housing Authority in Dania."
(sic).
Attorney Steven Parks: "I believe the only appropriate witness left to call this evening is Ms.
Randall herself. She is the actual intended recipient of this Commission's ruling, and I would like
her to come forward and make a statement for her benefit. I would like to question her for a
moment, and I would like her to offer comments regarding her behavior and what has occurred
here. Then I would like the privilege of making a closing argument regarding her position."
Ms. Clara Randall: "My name is Clara Randall. I am a resident of Saratoga at 1165B West
Dania Beach Blvd. I presently serve as Housing Commissioner for a three-year term."
Attorney Steven Parks: "Ms. Randall, when were you appointed as a Housing Commissioner?"
Ms. Clara Randall: "1997."
Attorney Steven Parks: "Ms. Randall, while you were acting as a Housing Commissioner have
you ever misappropriated any money that has been given to you by the HACD or any other
person for that matter."
Ms. Clara Randall: "No, I haven't. During the last three months of 1999, 1 was trying to
reorganize the resident council. At that time, the Housing Authority gave me a $25 donation each
month to get refreshments for the people that came. After each meeting, they received their
receipts, and, if they can be honest about it, a lot of the times those receipts went over the $25
when we ourselves went into the pockets to make sure that the refreshments were there."
Attorney Steven Parks: "Did you have any directives from the HACD as to what you could and
could not spend that money on?"
Ms. Clara Randall: "No, I asked for a donation. I told her that we needed toys, we needed
refreshments because at this time I was informed by BSO they did not know whether or not they
were going to be able to help us that year. And it was running real tight. It was a few days before
Christmas. What I did was start making phone calls, start reaching out into the community,
asking different people that I knew, and, as Mayor McElyea said, I did obtain a $50 donation from
him which he told me to spend toward the party. He also did not specify, "Well, you just get toys."
or"You just get food." The biggest problem from the Christmas party, the biggest argument that
they have is that, for one, I did not spend the entire amount on refreshments. I spent the money
MINUTES 12 MARCH 23,2000
on refreshments and toys. My idea of thinking is'It's okay to feed these kids, but these kids are
gonna need toys when they go home.' Okay. The second complaint that they got from the
residents of Saratoga. You have before you a letter from Helen Brown stating that she has three
grandsons staying with her. I only gave her toys for two grandsons. I requested from the
Housing Authority the family members of Ms. Brown. I was told that there were not three
grandsons that were on her lease. Ms. Brown's complaint was that I gave toys to other kids that
did not stay in the complex when she herself was asking for toys for children that did not stay in
the complex. One of their biggest arguments was that I gave toys to children that did not stay in
the complex. It was Christmas. Yes, there was a d.j. that had donated his services for the party.
By that music playing, just about every kid that could hear it came over. There was, at that time,
an abundance of toys. I did not turn any child away. I would never turn a child away for a toy.
And that was their complaint. That I gave toys to other kids that did not belong there. And, as
I've said before, if I'm guilty of giving children toys at Christmas, then find me guilty."
Attorney Steven Parks: "In regards to your statements or alleged statements made on January
3�d, 2000, in the parking lot of the administrative facility of the Housing Authority of the City of
Dania, do you recall going out to that parking lot on one or two occasions both on January 2"d
2000, and January 3�d, 20007'
Ms. Clara Randall: "On January 2"d at 10 o'clock at night a resident by the name of Felicia Davis
came to my home and told me, she said, 'Ms. Clara, are they accepting applications at the
office?' I said, 'Not that I know of.' 1 said, 'Because I just talked to Amery (sp?)Thursday, and
she told me they weren't.' I said, 'I'll go down and tell them.' I said, 'but before I go, let me call
Rita and make sure.' Yes, I did call Ms. Smelcer that night. I did not tell Ms. Smelcer that I was
going to call BSO for crowd control. Ms. Smelcer's response to me was, 'Don't worry about
going. I'll call BSO.' And I said, 'You don't have to call the police on them. I'll go down and I'll let
them know that we're not taking applications.' When I went down there that night, there were no
• polices there. There were only a few people sitting out. Ten o'clock at night. And I told them, I
said, 'Look, they're not going to take applications and you all really don't need to stay out here,
you know, because you're just gonna be wasting your time.' And they got real rude with me and
they started telling me, 'Well, you've got yours. Let us get ours.' 'Where's your badge?' You
know. And 'If they're not taking applications, you know, that's alright. We'll find out on our own.'
So me and Ms. Davis, we left. 5:30 that morning, which I arise every morning when I get my
children ready for school, I happened to look out the window and I saw polices down by the rent
office. At least about four or five cars. I didn't know what had happened, but I just went down out
of concern, you know, to see what was going on. The police officers were making a traffic stop,
and I looked over toward the rent office and there were people there. So I went over and I told
them, I said, 'Ladies, they're not taking applications. You really need to go home. The office isn't
going to open until 8:30 in the morning, and I really hate to see you sit out here for another three
hours.' And they just started. You know, they were upset. They didn't want to believe me. So I
said, 'Look, Rita wanted to call the police on you but I came down here so that she wouldn't.' I
said, 'The only reason those officers over there are not over here is because she has not called
them yet.' So after they just, you know, constantly start talking back and back, and I was like, I'm
not gonna argue with these people. I came out here just to save them some time. I went over
and I talked to the officer, and I told them, I said, 'Look, I sit on the Board of Commissioners for
the Housing Authority. The people are over there because they feel that they are taking
applications. They are not taking applications. They don't want to believe me. Maybe you can
go over and talk to them and see if you can get some understanding.' The officers went over. I
went home. Ms. Smelcer knows my phone number. When those people were down there that
morning, all she had to do was pick up the phone and say, 'Clara, can you come here a
moment?' and we would not be here today."
Vice-Mayor Bertino: "You didn't talk to the policeman?"
Ms. Clara Randall: "I talked to the police officer. I told him what was happening. The Sergeant
on call told me, he said, 'Thank you, ma'am. I'll go over and I'll talk to them.' If you look at some
MINUTES 13 MARCH 23,2000
of the statements that some of the witnesses have given you tonight, you will see where they
were even rude to the police officers. Because one statement even speaks of the incident where
there might have been an arrest."
Attorney Steven Parks: "I believe the witness referred to the letter from Priscilla Howard.
Going beyond January 3rd, 2000, did you attend a meeting on January 101h, 2000, that followed
that particular incident?"
Ms. Clara Randall: "Yes, I did."
Attorney Steven Parks: "And at that meeting, did you have witnesses available that were at that
particular event and could have testified or did testify to the fact that you conducted yourself
properly?"
Ms. Clara Randall: "Yes, I did."
Attorney Steven Parks: "Did those witnesses speak to the Board?"
Ms. Clara Randall: "Yes, they did, and, as a matter of fact, I cannot understand why the
witnesses were not identified in the minutes because two of those witnesses are residents of
Saratoga."
Attorney Steven Parks: "Going beyond the alleged cursing incident at the parking lot at HACD
on January 3rd, 2000, do you recall a conversation that you personally had with Sophie Steele
sometime around December of 19997'
Ms. Clara Randall: "Yes, I do. I called Sophie because I had saw where they were having
interest in the Housing Authority, and I thought that maybe Turn Around Dania would like to be
part of the Christmas party. So when I called her the first time, she said, 'Well, I have to talk to
other people and I'll get back and I'll let you know.' I said, 'Okay, fine.' We're coming up until two
days before the party, so I said, let me give her another call and see whether or not they're going
to help us. So I called and I asked her and she said, 'No, Clara, we're not gonna help because
what we're gonna do is build our playground.' I said, 'Build your playground?' and she says,
'Yes.' And I said, 'Well, I thought Ka-boom was building the playground.' And this is where that
conversation went off to. She said, 'No, it's Turn Around Dania's park.' I said, 'It's not Turn
Around Dania's park.' I said, 'That park is being built by Ka-boom.' And so she goes, well, you
know, some more conversation and it ended up with her telling me that she would have someone
call me to give me the information on what Turn Around Dania was doing is as much as building
this playground and that's where that came from. I at no time cursed Ms. Steele."
Attorney Steven Parks: "After your conversation with Ms. Steele, did you then continue your
efforts to organize the Christmas party?"
Ms. Clara Randall: "Yes, I did."
Attorney Steven Parks: "And in doing so, did you then receive donations from the HACD as
well as Mayor McElyea regarding the party?"
Ms. Clara Randall: "Yes, I did. Also from other sources."
Attorney Steven Parks: "And what did you do with the money you received in donations?"
Ms. Clara Randall: "We bought toys and we bought refreshments."
. Attorney Steven Parks: "Did you furnish receipts for everything you spent?"
MINUTES 14 MARCH 23,2000
Ms. Clara Randall: "The Housing Authority requested their receipts for their$100. Mr. McElyea
did not request his. Ms. Miller had her receipt from her food stamp card. And, you know, I will
even say myself. There was money that I took off my food stamp card to buy a couple of packs
of hot dogs and a couple of cases of hamburgers."
Attorney Steven Parks: "In other words, you donated your own food stamps to the effort."
Ms. Clara Randall: "For the effort because it just wasn't my kids. It was other kids and to me it
would have been just like if I was having a party anyway for the children for Christmas. Not that I
would take food out of my kids mouth, but for the few dollars that I put toward that party it didn't
make us go hungry."
Attorney Steven Parks: "Let me draw your attention now to some events that took place in
November of 1998 through April of 1999. 1 am sure you are certainly aware of the allegations
concerning your failure to report income. Is that correct?"
Ms. Clara Randall: "Right."
Attorney Steven Parks: "And, Ms. Randall, did you effectively have an opportunity to appear
before a hearing officer, namely, Fumiko Jackson, whereby you had an opportunity to be heard
regarding that rent issue?"
Ms. Clara Randall: "Yes, I was."
Attorney Steven Parks: "And was there a determination at that time regarding your conduct
during that particular time period?"
• Ms. Clara Randall: "Yes, it was."
Attorney Steven Parks: "Was there a resolution that basically stated that there was a
misunderstanding concerning how much money you received from Timothy Ryan's campaign
fund for services rendered to Mr. Ryan in September of 19987'
Ms. Clara Randall: "Yes, it was."
Attorney Steven Parks: "Was it not true that you had been accused by Ms. Smelcer and other
members of the Board of having accepted $1700 in money from the campaign fund when, in fact,
you had not received that amount?"
Ms.Clara Randall: "The amount was $1800 and something."
Attorney Steven Parks: "And is it also not true that you only received $360 of that money?"
Ms. Clara Randall: "Correct."
Attorney Steven Parks: "And that was a one-time payment?"
Ms. Clara Randall: "Right. I also, if you don't mind, I did furnish at that meeting affadavits from
the other people that worked on that campaign. Now I don't know too much about campaigning.
I don't know how it goes about how you pay your workers, but there was one check cut and I was
supposed to pay the other people out of that check. They received affadavits at that hearing from
those people stating to the amount of money that they received from me."
Vice-Mayor Bertino: "Excuse me one minute. Don't the state campaign laws specifically state
how checks are to be cut from campaign contributions?"
'to
MINUTES 15 MARCH 23,2000
Attorney Steven Parks: "Actually, that was explained by Mr. Kennedy at the time of the
meeting where it was understood that although Timothy Ryan's campaign fund can draw the
check to one individual, it is understood that that individual can then disseminate the funds to
other people. What happened in this case was that it was more convenient for Mr. Ryan or his
campaign manager to pay Ms. Randall and then authorize her to turn over the proceeds to other
individuals. This seems to be a normal course of business for the election campaigns."
Commissioner Mikes: "...it's right or wrong?"
I
Attorney Steven Parks: "All I know is that I presented the testimony, I presented the witnesses,
and if you have any questions about it, I believe Mr. Kennedy can solve them here today. He can
state the law and what happened back in September of 1998."
Vice-Mayor Bertino: "How would that be handled as income on a tax return?"
Attorney Steven Parks: "Well, frankly, what probably should have happened would have been
a 1099 going to Ms. Randall and Ms. Randall would have to justify to the Internal Revenue
Service that she, in turn, turned the money over to someone else."
Vice-Mayor Bertino: "Did you do that on your income tax return?"
Ms. Clara Randall: "I have not as of yet received that 1099 from Tim Ryan."
Attorney Steven Parks: "Sir, Ms. Randall has no reason to account for it nor did she make
enough income in 1998 to make a justification for filing returns. She has been in HACD because
she is a resident of Saratoga and she has deminimus income. One of the issues which the
Commission should be well aware of is that it is the contention of the HACD board that her failure
to report the income is of greatest consequence here. The fact is, I provided to your Commission
tonight and I offer you the opportunity to examine Exhibit Al. That is an excerpt from the Housing
and Urban Development Rules and Regulations which govern the Housing Authority. I draw your
attention in that respect to what amounts to be page (turns pages), bear with me, I highlighted it
for the benefit of the Board...page 39 item number 9, on what does not constitute income—
temporary, non-recurring, or sporadic income including gifts. What we've heard in her testimony
today was that Ms. Randall received a one-time $360 payment. That does not constitute a
change in the stream of income to her household and does not justify the Housing Authority's
inquisition into her finances and suggestion that she owes additional rent based upon receipt of
these funds. Regardless of how affirmatively I put this point forward at the actual referees
hearing, and although the hearing office did effectively state that she understood that point, it has
been brought to my attention that after the hearing officer made the recommendation that the
case be dismissed, that the Board still saw fit to sanction Ms. Randall by asking her for money
based upon the $360 one-time payment she received. I believe that you Commissioners are well
aware of the fact that the reason why the HACD exists is to give people who have no or little
income the opportunity for fair housing. That is based upon their annual income and an income
stream."
Commissioner Mikes: "Let me ask a point here. I think Ms. Randall is a fairly competent
person as far as managing her affairs. What was the total amount--$1300 and something
dollars?"
Attorney Steven Parks: "$1800."
Commissioner Mikes: "$1800. What bothers me is all these after the fact affadavits and
statements that come up later to correct a situation that has already occurred. There seems to be
a pattern of this. You know, when you take campaign money, that's really serious. Particularly
$1800. You're not talking about getting somebody to cut your lawn or something. This is talking
about a very strict and a very rigid process, and it's known all throughout the community in this
MINUTES 16 MARCH 23,2000
City. If you look at the campaign reports...this lady has also run for office in this City...when
people donate, they are very specific--$50 for this person and $100—and that's what they do in
this City and they've done it for years. When they hire someone to go out and do this project or
that project, it's unheard of to take a check for$1800 in this City. Have any of these
Commissioners seen that in any of the goings on? You are talking about elections based on what
goes on in this community. This woman was coached in her election by both Ryan and other
people, weren't you?"
Ms. Clara Randall: "No. Tim Ryan did not coach me in my campaign."
Commissioner Mikes: "You ran for office here..."
Ms.Clara Randall: "I ran for office and..."
Commissioner Mikes: "Someone didn't help you with your campaign?"
Ms. Clara Randall: "Who helped me with my campaign was my treasurer who was Ms Myrtle
Corbin. Okay. I did not know that that was improper or a proper way to pay. Okay. Mr. Ryan
should have known that. You know, it's not saying anything about ignorance, but I was told to do
a job, to pay people, and that's what I did. And just to give you a little information Mr. Mikes,
termporarily (sic) income. Okay. This past June, I worked for Memorial Hospital, for a period of
one month. I made a total of$2800. Because the first day that I started working I went down and
I let them know that money was not counted as income and I received no increase in my rent
because it was temporary employment. This was not a job that I had had for two or three years
and did not report my income. This was something that happened on a one-time basis and, like I
said, if I had known that it was going to cause all that conflict, believe me, there would have been
four or five checks cut for each individual that it should have been cut for."
Commissioner Mikes: "You realize as a tenant Commissioner, not just a member receiving
subsidized government monies through housing or whatever subsidies, but, you know the
standard set for a Commissioner, you know, I like to think—you know, I try to do it—that you are
expected to set the standard for the people that you represent. And I just can't--$1800—now to a
lot of people, okay, we'll just throw a bunch of affidavits and a letter, but I would think that
someone who gives the appearance of impropriety—and perception means a lot to the people—
you know, imagine if that thing didn't come forward and then it came forward later—and, let's say
you didn't have a friendly media—they could really make a circus out of our Housing Authority—
and they've done it in the past over incidents involving even less money. So, you know,
depending on how the media wants to spin something like that, they could really embarrass a City
and an Authority and the people that look up to you in terms of the people also on subsidized
housing, so I'm just saying that the role of a Commissioner—it's not just the bare rules for a
tenant. You have to be above that. You have to set an example is what I am saying."
Attorney Steven Parks: "May I respond to what Commissioner Mikes is saying? Commissioner
Mikes, I think it is important for you to recognize, and I have to commend you for your choice of
Ms. Randall to begin with—I don't believe that Ms. Randall at any given time, having examined all
the facts of the situation—intended to do anything wrong by accepting the check from Timothy
Ryan's campaign. I think that Mr. Ryan, as a matter of convenience, used Ms. Randall as a
conduit to pay other campaign workers. And I think that this Commission has to recognize that
Ms. Randall can't be held to a higher standard beyond the rules and regulations of the HACD
which is governed by HUD. Those rules that were given out by HUD declare what is and what is
not income. She did not fail to declare income. She did not fail to notify the Housing Authority
that she had a job. She received a one-time payment which is specifically exempted by the HUD
rules."
• Commissioner Mikes: "Could I break your line just for one second?"
MINUTES 17 MARCH 23,2000
Attorney Steven Parks: "Sure."
Commissioner Mikes: "What I am trying to say also is the level of competency I believe this
woman I appointed has should have been above that. When I appointed, I assumed someone
would not make that kind of a mistake and possibly embarrass a Housing Authority and that's
why I make that kind of appointment."
Ms. Clara Randall: "Please. Mr. Mikes, let me tell you about being a resident Commissioner,
okay? One of the reasons that my tenants, my neighbors are so afraid of speaking out and letting
their concerns be known is exactly the same thing that has happened to me. Because of how I
have been prosecuted, persecuted, how I have been slam dunked, and scandalized, those
people will not speak out. You know, and I'll speak out for them. They are afraid to go to the
Board meetings because they feel that the Commissioners don't care. You know. They don't feel
that they care. You ask any of my fellow Commissioners how many times they've been in the
projects, how many times they visited a family, how many times has a family called them and
said, " You know what, I'm having a problem." They don't call them because, you know what,
that same standard that you say that I'm up above, that I'm supposed to be up above everyone
else, they come to me because the feel that I can help them and I try to help them to be best of
my ability. The Housing Authority doesn't like it when I tell them that, 'Hey, you've got policies
and procedures that just don't seem right—that you are evicting people that don't need to be
evicted—especially when you are evicting someone for two months rent when they only owe one
month.' You know. I mean, yes. In a lot of ways I am a thorn in their side, but you appointed me
to be the representative of the tenants. I have done my utmost to represent those tenants."
Attorney Steven Parks: "I think going further to you point, Commissioner Mikes, I have to
continue to state and maybe I'm being a little obtuse about this, that the HUD guidelines have not
been violated, and until there is absolute proof that Ms. Randall's conduct violated some rule that
• gave rise to number one, the possibility of her being evicted or being chastised by the HACD
Board or this Commission."
Commissioner Mikes: "Isn't what we're evaluating her role as serving as a Commissioner—not
as a tenant?"
Attorney Steven Parks: "We understand that but..."
Commissioner Mikes: "There is a major difference there. I am evaluating her role as a
Commissioner that I have put on there—not as a tenant."
Attorney Steven Parks: "May I ask a question, then? As an analogy? As you sit here as a City
Commissioner are you held to a standard where you have to report income that you otherwise
would not have to report?"
Commissioner Mikes: "I have to report income, and I try to do it properly."
Attorney Steven Parks: "I'm sure you do, sir. And I am not questioning your integrity. I am
saying to you, you have to comply with all the laws of the State of the Florida and the United
States of America."
Commissioner Mikes: "Also, my difference is I go before the voters. I wasn't appointed by an
individual. We're not talking about someone who went before the public and then through an
election or some public process like that here. We are talking about someone who was
appointed to a position as a Commissioner expecting to do the role of a Commissioner—not just
a tenant."
• Attorney Steven Parks: "Commissioner, again, I don't want to belabor the point, but our
position is that no wrongdoing was done in September of 1998 when Ms. Randall failed to
MINUTES 18 MARCH 23,2000
unequivocally give notice to the HACD that she received this sporadic income nor was she
obligated to give any further notice for any other income that she received on a temporary basis
in 1998. Therefore, the trumped-up allegations that she failed to report this income which is a
nullity based on the fact that this income was not required to be reported is not a good basis for
this Commission to reach a conclusion that she in some manner misappropriated funds or acted
in a manner inconsistent with this Board. She is your greatest advocate on the HACD
Commission."
Commissioner Mikes: "Then why, in the closing remarks of the Administrative Hearing, did this
sentence come out? 'However, Ms. Randall is equally at fault and has to take personal
responsibility for her actions. Ms. Randall is not only a tenant'—and this is the same point I am—
'but a tenant Commissioner, and her actions should set an example for other tenants.' Now,
now, even this administrative body stated the same statement that I am trying to make to you.
She is not just a minimum standard. She is supposed to set in a Commissioner role and
expected to—you know, when you have an income situation where it is not clear, she should
have declared it."
Attorney Steven Parks: "But, Commissioner, in respect to the fact that the referee found no
wrongdoing on her part and found in her favor. That is a gratuitous remark said purposefully to
make it very clear that she was not particularly in favor of the fact that all the disclosures weren't
made. But the fact is, she could find no wrongdoing in it."
Commissioner Mikes: "Because of a tech nicality..That's what it said!"
Attorney Steven Parks: "The technicality was, there was no obligation to do it!"
Ms. Clara Randall: "Excuse me. I'd like to say something. You say there is a difference
between me being a tenant and being a Commissioner. You are finding faults with me as a
tenant, okay? Where are you finding my faults as a Commissioner for the three years that I have
sat on that Board? Not once have you ever received any complaints whatsoever as far as my
role as a Commissioner. As a Commissioner, I have done what I was appointed to do—to
represent the people that stay in Saratoga and those that rely on Section 8. If you're gonna make
a difference between the two, then realize as a Commissioner, I mean, have you ever had any
complaints?"
Commissioner Mikes: "Let me ask another statement, if I could, to the attorney. And, you also,
are you, in the habit of walking out of meetings?"
Ms. Clara Randall: "When I'm in a meeting and I have Commissioners that sit there and they
tell me that in so many little words that people on public housing don't deserve..."
Commissioner Mikes: "No, no..."
Ms. Clara Randall: "No, Listen. You asked me a question. I'm telling you why I walked out of
the meeting. When he sits there and he says that because people are receiving public
assistance that they really don't deserve the same things as other people...and what it was about
was a pet...You know. He said, 'When you are receiving assistance, there has to be some give
and take.' I don't feel if a person is low income or anywhere else they should have the same
quality of life as anyone else...and yes, that was the only meeting that I have ever walked out of
and I walked out of it because I did not like the attitude of the other Commissioners."
Vice-Mayor Bertino: "That's called inefficiency in office."
Ms. Clara Randall: "No, sir. No, it's not. I have seen Commissioners excuse theirselves from
meetings over and over again, and I have never seen that said. Commissioners are always
excusing themselves."
MINUTES 19 MARCH 23,2000
Mayor McElyea: "Excuse me. I want to call Merita Mitchell. She's been waving at me for the
last ten minutes. I'd like to hear what she has to say."
Ms. Merita Mitchell: "Excuse me. I have a cold. What I was going to comment about was the
Christmas party. I was at the Christmas party. Clara called me and asked me for a donation for
the Christmas party and I told her that I would be happy to bring something for the kids because
the Board members like kids. Because I like kids, too. A lot. And so I did not realize that the
Housing Authority had voted to give her$100 because I was visiting someone in the hospital at
that time and I did not get the call. So anyway, I told her that I would bring something to the
Christmas party and I did. When I got there, there were parents there and they were preparing
the hot dogs. They were like little chicken hot dogs—these little cheap hot dogs in other words—
and small hamburgers. So I brought a case of sodas and cookies and potato chips. So I asked
the parents were they having anything else for the party. They said, 'No, this is it.' I said,
'You've got to be kidding. You must have something else with $100.' So they said, 'You all gave
$1007 They said, 'We're not even aware that the Board gave anything. We thought Clara was
doing this herself.' I said, 'No, we donated $100 to this party and you should have more than
some franks and some little hamburgers. Where is the salad? Where are the other things for the
kids?' They said, 'This is all that we have and we wouldn't have had these sodas if you had not
brought them.' So I asked one of the kids—one of her daughters—if they had any more drinks in
the house. They came out and told me, 'No, we have nothing else in the refrigerator. That's it.
There are no more cold drinks.' So I said, 'Okay. Do you have any more food in the house?'
They said, 'No.' And there were parents who were concerned about the gifts. They complained
that they did not have enough gifts. I said, 'Well, BSO brought gifts to you.' Plus other
organizations had brought gifts, too. So the kids should get at least two or three gifts. Nobody
should be lacking. When we had the Board meeting, one of the parents said, 'My kid didn't get
anything.' I said, 'Well, there were plenty of gifts there.' When I peeped into Clara Randall's
apartment window, because it was kind of cracked, I looked. There was big box of gifts. Okay.
Boxes with loads of gifts in them. I said, 'Well, you should get some gifts because she has some
in her apartment. You need to ask her about those gifts.' I didn't stay until the party was over. I
left and Clara was not there at the time. When I was getting ready to leave, she came up
because I think she was looking for a deejay."
Ms. Clara Randall: "I would like to state that, as Ms. Mitchell stated, she did not stay for the
entire party. There were toys in the apartment because we took the toys out after a certain length
of time because I learned a long time ago you don't set everything out at once because when
other people come, there is no toys for them. As far as the sodas, there were at least ten cases
of sodas there. There was a big cooler—this big—that was full of sodas and ice. She did not
even see the cooler. Okay. As far as the hamburgers, packages of hamburgers were bought
and the patties were made because it was more cost efficient. Ms. Mitchell saw the toys that
were in my apartment. Those toys which can be vouched by Robin Burns, were brought out. All
those toys were distributed that night."
Ms. Merita Mitchell: "At one of our Board meetings the parents said that they saw other parents
leaving her apartment with boxes and bags of gifts and their kids did not get any presents. Okay?
When I sent Clara's daughter into her apartment to look everywhere—I said look in the
refrigerator, look on top of the refrigerator, look everywhere you can to see if you have any more
sodas in that apartment. She said, 'No, there is nothing else.' I don't believe a kid would lie
about something like that. She said, 'There are no more cold drinks in this place. That's it.' I
said, 'No more food?' They said, 'No food.' And the parents said at the Board meeting that was
all they had. I don't know when you came with the other stuff. There was no cooler anywhere."
Ms. Clara Randall: "I would like for Robin Burns to come up and state, if you don't mind, how
much food was at that party."
• Ms. Robin Burns: "My name is Robin Burns. I am not a resident of the City. However, I have
been a volunteer in the City for quite some time. The incident in the Christmas party that Ms.
MINUTES 20 MARCH 23,2000
Randall was talking about all stems from a last minute donation that came from several different
spots—one of which happened to come from the organization that I work for—because we had
an overabundance of toys that were donated to us. I knew because of a call Clara had made to
me two days prior that she was scrambling to make sure that she could at least have one or two
small toys for each one of the kids in the Housing Authority project. Now those toys were there.
And yes, Ms. Mitchell, I was there, too. I was there and saw exactly what Ms. Randall is
describing because I went to pick up the deejay. I helped set up the food. I helped to bring the
toys. There were other people there. Now I just want to make one statement to you folks, and I
know this is really not my city, so I really don't have much of a say so here. But much ado is
being made about something that is very small. And if someone is going to be upset because a
child outside of Saratoga received a Christmas present two days before Christmas, shame on
YOU."
Vice-Mayor Bertino: "Yet some children didn't receive anything. Shame on them, I guess."
Ms. Clara Randall: "Mr. Bertino, the very people who were complaining that their kids did not
receive toys, they received toys. What it was was that they did not receive as many toys as they
wished."
Vice-Mayor Bertino: "So they received toys. They were just lying?"
Ms. Clara Randall: "No they received toys. Everyone received toys. The fact is that when they
stated that there were people that were taking big boxes and bags of toys, let me tell you what
was in these boxes and bags. They were used books and used stuffed animals. They were not
brand new toys. After everybody else had gone over and mainly got all the toys they wanted to
get, the box was there. The young ladies asked me, they said, "Ms. Clara, can we have the
books and the stuffed animals? It seems that nobody wants them." I said, "Yes. Go ahead and
. take them." And that's what it was. It was not brand new toys that they took like that. Those
were used books and used stuffed animals."
Vice-Mayor McElyea: "Commissioner Grace, Bobbie Grace. Would you come up? I'll get
straight here one day."
Ms. Bobbie Grace: "That's okay. Bobbie Grace, 110 NW 81h Avenue in the City of Dania
Beach. Also a Commissioner for,the Housing Authority which this Board and past board
members appointed me five years ago. I thought that I was going to be the most controversial
person that was going to be on that Board, but I guess Clara proved me wrong. I think that the
reason that people volunteer their time and their services is because they are trying to do
something very positive for the communities in which they live. And I would like for this
Commission to set me at ease and kind of let me know what the criteria are for a member serving
on the Dania Housing Authority or any board in the City of Dania Beach. What is the criteria
before I go on with my presentation? You have to become a resident for a certain length of time
or in good standing, a voter for the City, or someone who is community-minded? I think that
we've all been there. We understand that these are the qualities that we are looking for in a
person that is serving in any capacity on any board in the City of Dania Beach or any city. I have
had the opportunity to work with my fellow Commissioners and they can truly tell you that there
are some times that we are at odds, and I don't agree with everything that we do in the Dania
Housing Authority, but we respect each other and we come up with something that we can all live
with. I am not going to be a pawn in anybody's court that is going to vote or say things the way
people want me to say them. I am going to say what I believe is right and then I can sleep at
night and live with it. I think that Clara has made some bad decisions. Especially with the
election results with Tim Ryan, but Clara was not the only one that made a bad decision. Any
election, and I learned this from day one—is that you've got to dot all your is and cross all your is
on your report forms and to make sure that every person that, if they receive a dollar or a
thousand dollars, that you know exactly where that money is. Tim Ryan made some really bad
decisions and he should have known better and I was one of those persons who helped elect him
MINUTES 21 MARCH 23,2000
to that office. If he has opposition, I'll be coming back after him next time around. Because I feel
• that what he did to Clara, and Clara not knowing, really hurt her. And from that day to this day,
this Board has been after Clara Randall. And they would not let it die. It went through all the
arbitration and whatever happened we agreed with as board members and she had to pay back
restitution and it took her a while to do this because she argued her case and I believe that Clara
sincerely thought that what she was doing was right because she was defending her rights as you
or I or anybody else in this room would do. But for us to hammer at her at each meeting about
something petty is wrong, and I won't be a part of that. I'm sorry, I can't. I don't have a good
conscience to do something like that. I also believe that every one of us in this room including
myself have made bad decisions. Because we are not perfect. There were articles in the paper
a couple of months ago stating that I received money from a contractor who turned out to be a
drug dealer in the City of Dania. 1 will never deny that because it's on my report. It's true. That
happened. There are things that have happened to you as Commissioners that have been in the
public arena and in the newspapers that we don't normally agree with, but these things have
happened and we have to live with them. Clara is going to have to live with her decisions and her
mistakes and her good points, too. Because Clara do have some good points. Commissioner
Mikes appointed her to this Board, and I have never seen anyone, including myself, Clara, that
have worked so hard to make sure that the residents of Saratoga receive what is due to them.
There is one thing that before Rita even became a part of this Board that Clara implemented was
to try to get people off of housing so that they can go into home ownership. She talked about that
at one of the Board meetings. I was impressed. Because this is what the Dania Economic and
Development Corporation has always wanted—that we put people in apartments and we move
them from apartments to home ownership. You know that I sat on this Commission with you and
we talked about no more duplexes and apartments in the City of Dania Beach. We wanted home
ownership. So, I agree with her philosophy. Because what Clara and the rest of the people on
there, we have not been there. You can't be their judge and jury. They want a better life for
themselves. Who doesn't? We don't have the right to deny them that. Nobody in this room
• does. That money was a thorn in her side from the day of that campaign. It didn't just hurt Clara.
It hurt a lot of people. It hurt me! Because, at that time I lost the election because we had Afro-
Americans running against Afro-Americans, but that does not give me the right to hold a vendetta
against Clara or anybody else in this room. You have to go on with life. You have to accept what
goes on and you have to be big enough to know what is right. What is happening in this room
tonight is not right. The reason that I made a motion in that meeting for it to come before this
Commission is because every meeting just about, there was this bickering. I really don't like it.
I've been in the arena long enough to know that you are going to have it regardless to whether
you like it or not and you're going to have to defend yourself. But I think that this Commission has
done more in the last year than they have done in the existence of the Dania Housing Authority to
this date. I can remember sitting there with some of you Commissioners including Commissioner
Mikes when we ridiculed and tried to tear down the Dania Housing Authority for the inadequence
that that Board had at that time with the Director and with the Chairperson and with the Co-
chairperson. I was one of those people that was very critical of the Dania Housing Authority
because they did some things that were very unorthodox. Monies leaving here, monies leaving
there, money going here, money going there. Nobody knew where the money was. Everybody
was filling their pockets up except the people that really needed the services of the Dania
Housing Authority. That was before your time, Chairperson Winkleholz."
Mr. Bill Winkleholz: "I am well aware of that. That's why Commissioner Mikes put me back on
after Commissioner Bertino..."
Ms. Bobbie Grace: "Yes, that's right. You are the one that brought this to light."
Mr. Bill Winkleholz: "Thank you...."
Ms. Bobbie Grace: "You are most welcome. I just want you to know that there are certain
is the
I need to address. The first one is concerning the vote of the Dania Housing Authority for
the$100 for Clara for the party. This Commission voted on giving her that$100. 1 received a
MINUTES 22 MARCH 23,2000
phone call from staff asking each of the Commissioners for donations for toys for the Christmas
party. I received a phone call. I left town and I came back and on my recorder was another
message from Clara Randall asking me whether or not I was going to participate and donate toys.
I am the President of the Central Broward Kiwanians in the City of Fort Lauderdale, Florida, and
we were giving out toys at that time for children."
Vice-Mayor Bertino moved to approve the Mayor's recommendation to remove Ms. Randall
from office.
Commissioner Mikes seconded the motion.
Vice-Mayor Bertino: "What we're doing...Are we doing this correctly, Mr. Attorney?"
City Attorney Ansbro: "Again, Mr. McElyea has made his decision known to you. You know
can follow it, but you do need some findings. You need a collective vote, basically, on whether or
not there is misconduct in office and why."
Vice-Mayor Bertino: "Okay. I made the motion to accept the Mayor's recommendation so
in my motion I will state the fact that I think there was abundant proof that was brought
forth this evening to indicate the fact that there was misconduct in the context of cursing.
We had a total of, well we had Perkins, Allen, Morton, Sophie Steele, Helen Brown had indicated
that there was misconduct based upon the cursing. We had a Treva Melvyn who said that there
was not. Then we had conflicting testimony from Mrs. Smelcer that said that Treva Melvyn who
told us she never left from 2:30 to 8:30. That she told Mrs. Smelcer that she did leave, so to me
that would make her testimony very questionable in my mind, so consequently, I think the
testimony and the evidence was overwhelming on the fact that cursing did take place and this is a
misconduct. I also feel the fact that there were money problems, monies that weren't reported
• even though they went to someone that got off on a technicality or whatever, I think that there
was enough evidence brought up for discrepancies in monies to indicate the fact that it did look
as though there was a discrepancy in dollars which I guess would also be misconduct or
inefficiency in office. Then obviously, the other real obvious point is one that a motion was made
unanimously by all those sitting on the Housing Authority that they could not work with this person
on the Housing Authority, that it caused divisiveness, that there were problems. They didn't get
the job done and the job wasn't getting done. And I think in order for this thing to run properly,
the interest of the City in the Housing Authority is the Housing Authority is autonomous but it does
carry the City's name and the City is very interested in it running efficiently and properly, and I
think the in the best interest of efficiency and proper running, that it would be highly inefficient to
leave her on a Board that has unanimously stated that the fact that they wanted her removed. So
that would be my motion. Is that enough in it?"
Mayor McElyea: "I have a motion and I have a second is there any more discussion?"
Commissioner Mikes: "Mayor, yes. I want to follow upon what the Vice-Mayor just said. I
agree with most of what he said here. There was some conflicting testimony, but I believe the
event did happen with the applicants for the Housing Authority vacancies. It is a very unfortunate
incident. I think when we deal with the public, and we discussed a lot about the role of the tenant-
Commissioner, I think you have to show courtesy at all times dealing with the public even if it may
be 4 or 5 in the morning and maybe some comments were made to you that were tough to take,
but I still think you need to take them when you are a Commissioner. You have a new standard
to meet other than being just a tenant. And I think you have to be totally above-board when you
are handling money because you are subject to criticism not just for yourself but for the Authority
and the City that it represents. I mean, I'm kind of a bug about integrity and everybody up here
knows it. You know, there's just not enough integrity in politics and I think that's a continuing
problem. So when you report and you make financial statements, these things have to be
• accurate. You don't need the follow-up statements that come later. It makes the public question
the integrity of the Authority and people over there and puts us in a bad situation to deal with the
MINUTES 23 MARCH 23,2000
public. So I think it wasn't properly handled. Maybe it was technically not a violation of campaign
law or whatever, but that is a lot of money--$1800 is a lot of money—so I just think as a tenant-
10 Commissioner, I think that event did happen with the applicants and I think any Commissioner
has to be very careful about their financial dealings and much higher than just the bare minimum.
It is a continuing battle to maintain the integrity of the Housing Authority in any City and we need
to keep the highest standards. That's all I have."
Mayor McElyea: "Thank you. If there is no more discussion. Excuse me. Commissioner Cali."
Commissioner Cali: "I guess I heard the same thing everybody else heard, but I see it a little
bit differently. There are three charges—the first one being of income, and I'm going to refer to
the documents that have been presented to us as excerpts from the Housing and Urban
Development Regulations and it describes the definition for procedures to be used for
determining income and rent. It says, "Annual income is anticipated total annual income from all
sources including net income derived from assets received from family head of house, spouse,
even if temporary or absent, by additional family members including all net income from assets
for the twelve month period following the effective date of initial determination or reexamination of
income exclusive of income that is temporary, non-recurring, or sporadic as defined below as
specifically excluded from other federal statutes. Annual income is included but is not limited
to..." and it goes on to describe 8 other items which I am not going to read, but it also has Section
B: "Items not included in annual income: Annual income does not include..." and then it goes on
to define a number of items and that one of the items is "temporary, non-recurring, or sporadic
income" under the HUD guideline is not included as income. So on charge number one, I think
that the Housing Authority failed to prove to me that this was income that was failed to be
reported in a timely fashion by Commissioner Randall. On the second charge of cursing, we
have testimony from a witness for Ms. Randall here, but we only have letters from people. I don't
know if these people exist or not. The did not come here. I feel that they failed to prove their
case because they didn't provide a live witness to that effect. On the third issue, the expenditures
at a Christmas party. In the minutes of the Housing Authority, they say that there were receipts
for the$100 that was spent. We heard testimony that Ms. Randall and others used their own
personal means to secure additional funds for the purchase of food and beverages, and I just
don't see where the $100 was misappropriated in any way, shape or form because the Board
members said that they didn't say that the money must be used for this, that or any specific item.
They just said, "Here is the money for a party for refreshments and toys." There were receipts
that provided for refreshments and toys, so on all three counts I see that the Housing Authority
has failed to prove to me that there is enough evidence to remove Commissioner Randall from
their Board."
Mayor McElyea: "No more discussion? Clerk, call the roll, please."
Clerk Chapman: "Commissioner Cali"
Commissioner Cali: "Can you please restate the motion?"
Clerk Chapman: "The motion is to accept the Mayor's recommendation to remove Clara
Randall from office."
Commissioner Cali: No.
Commissioner Mikes: Yes.
Vice-Mayor Bertino: Yes.
Mayor McElyea: Yes.
Mayor McElyea: May I have a motion for adjournment?
MINUTES 24 MARCH 23,2000
Vice-Mayor Bertino: So move.
Mayor McElyea: I declare this meeting adjourned.
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MINUTES 25 MARCH 23,2000