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HomeMy WebLinkAbout31157 - MINUTES - City Commission MINUTES OF SPECIAL MEETING, CITY COMMISSION, CITY OF DANIA, FLORIDA, HELD OCTOBER 10, 1966. The City Commission of the City of Dania, Florida, met in Special Session in the Commission Room at the City Hall. Present were: MAYOR-00.'MISSIONER JAMES G. ADAMS COMMISSIONERS GUS S. BRICE FRANK SALVINO S. ELLIS YOUNG CARL ZENOBIA CITY ATTORNEY CLARKE WALDEN CITY MANAGER STANLEY GOLDBERG ACTING CHIEF OF POLICE WILLIAM JONES CITY CLERK -MARY THORNHILL The meeting was called to order at 6:00 P.M. by Mayor Adams, ® for the purpose of a Public Hearing on the suspension of Officer Robert Cowart. Mayor Adams stated that they one item of business they would like to bring up before they get into the Public Hearing. ® City Attorney Walden stated that, in respect to:.the election tomorrow, one of the election officials in the North Precinct, Mbs. 'Nancy Phillips, notified that she cannot serve on the board. Mrs'. Thornhill contacted Mrs. Mary Jean Eglinas, who is willing to serve if the Commission wishes to appoint her. A motion was made by Commissioner Brice to adopt and pass a resolution appointing Mary Jean Eglinas to serve on the election board instead of Nancy Phillips . The motion was seconded by Commissioner Salvino, and the roll being called, the Commissioners voted as follows: i ® Brice Yes Salvino Yes Young Yes Zenobia Yes Adams Yes PUBLIC HEARING, Robert Cowart: t; City Attorney Walden stated that he did not think that a municipal employee was entitled to a Public Hearing. 'While the Commission has agreed to go ahead with this, in the future when matters of this kind come up concerning disciplining of the Police Department, they should be handled by the Chief of Police, and then if there is any question about his authority, the City Manager should become involved. He suggested that they have some basic ground rules. He suggested that, since Detective Sergeant Sanford was acting Chief at the time, he should present the background of the case. And since Attorney Schlesinger was representing Officer Cowart, he ought to be given the opportunity to cross examine. Then he ought to be able to present his case on behalf of Officer Cowart, and present any witnesses he might have. Theis if the City has an:, rebuttal, they ought to be allowed to do so. He then called Officer Sanford. i '.Walden: Were you on duty at the time, as the acting Chief, at the time this suspension took place? Sanford: I was appointed as Detective Sergeant, I was not the Acting Chief of Police. Walden: When was this? Sanford: The 7th of this month. I was appointed on the 6th. Plaldor.: Where was the Acting Chief? :Sanford: He was ill at the time. I -1- ura Walden: What day of the week was this Officer Sanford? r Sanford: The day of what? ® Walden: The day that you went on duty as the Acting Chief. Sanford: I believe it was the 6th of this month. Walden: That was on Thursday? ® Sanford: Yes. Walden: Now, at any time, either on Thursday or the following day, did anyone call to your attention any-unusual incident concerning Police Officer Cowart? S Sanford: Yes, I received a phone call, approximately 7:30 that evening from our Desk Officer Mazziotta that he had received an anonymous phone call that the man that we had in jail at the time, by the name of Buchdnan .u, was running around Fort Lauderdale at some of the local bars and various places saying that he had at times paid off the Dania police and that he was more or less immune ® from arrest in the City of Dania. Walden: Let me interrupt. . .was this man Buchanan at present in the jail of the City, as a matter of fact? Sanford: Yes, he was. ® Walden: What was the charges? Sanford: Public intoxication and improper license tag on his vehicle. Walden: Do you know when he was arrested and confined in the municipal jail? Sanford: The 7th of this month, it was in the afternoon, I would have to estimate, I'm not sure. . .about 2:30. Walden: The telephone call as: reported to you by the desk officer, ® came to you on Thursday evening, is that correct? Sanford: That's correct. Walden: And what did you do as a result of that call? • Sanford: Well, as a result of the call, I came down here and I talked to. . .I got here about 9:30, and I talked to Mr. Buchanan upstairs briefly, and asked him if he would like to come downstairs and talk to me, that I had something that I thought. was. of great importance to the Police Department. And he said Yes. So we went downstairs and I talked to him. I told him what the situation was, that we had received a phone call. In this phonecall from an unknown person, of course now we know who it is, as I will relate later, he had been heard saying various things around about the Police Department, especially giving them bribes , being immune from arrest, and etc. I asked him if he knew who I was, and he said the only thing I know is that you are a police of.` icer. I said have you ever given me any money, and he said no. I said have you ever Save any money to anyone in the Police Department. So he thought a few minutes, and he said yes, I like a few of the guys in the uepartment, they have done me favors, and he said yes, I have one some money once. I said, well, in what relation did you give this money; and he said well, I just like the man. So. I asked him who the man was, and he claimed it was Officer Cowart. At this time I asked him for what reason did he give him this money. I said did he ever CIO you any personal favors, or anything of this nature. Or did he ever ]_end you any money. He said no, I just like Mr. Cowart, thatts all. iie said I feel that he did me a little favor from time to time. I said • -2 what do you mean. He said well; and he mentioned the Hopstetter case in which Mr. Hopstetter, I believe was charged by the City of Dania, and it had something to do with a fight between Mr. Hopstetter and Mr. Buchanan. Walden: When did the conversation take place Officer? Salford: In my office. Walden: What time, Thursday night, approximately 9:30? Sanford: Yes, Thursday night. Walden: Do I understand that you called Mr. Buchanan to come to the station from his home? ® Sanford: No, he was incarcerated in the jail. Walden: He was incarcerated when, Thursday.' Sanford: Yes. Walden: Did he make any statement to you that was more specific,-as to when he had given money to Officer Cowart? Sanford: He sa'd that the night before that, as I would assume to be Wednesday night, he was driving down the street, and he saw. . . . .this isn't exact. . . .I have a statement here that he gave me if you would • like me to read it. Walden: Go ahead and tell it. Sanford: He was driving down the street and he saw Officer Cowart coming from the Royal Castle as he put it, but we found out later it ® was from the service entrance with the coffee. And he stopped his car, and he got out and he went over to Mr. Cowart, and he said "Bob, I want to give you some money for your children." And Officer Cowart said, "No, I don't want any money for my children." And he said "Well, buy a pack of cigarettes." He said "No, I don't want to buy any cigarettes." So Mr. Buchanan took $30.00 and threw it on the seat, I N believe it was three 10-dollar bills. And with this Mr. Buchanan left. Walden: What time of night did he tell you that this took place: Sanford: As near as I can ascertain, between 12 midnight and 1:00 a.m. , which would make it the 7th. • Walden: Letts get the date straight. Sanford: Well, . . . Walden: Thursday was the 6th. When was Buchanan incarcerated or con- fined on Thursday? Sanford: Yes. Walden: What time of day? Sanford: In the afternoon. Walden: And this was Thursday night that you had this conversation with o hi�o Sanford: Right, so it was Wednesday night that this took place. Walden: The previous night? �anford: Right, the previous night. -3- Kahn; -x 0 Walden: Now do you know of your own knowledge what shift Officer Cowart had on the night of Wednesday, October 5th and the morning of , Thursday, October 6th? Sanford: Right, midnight to 8. # w Walden: It was your understanding, based on what this man told you 9 ' that he evidently made this gift of money.to Cowart at around 1:00 ' t,?4 on the morning of October 6th? A 'Thursday morning? "as- Sanford: It would be the Thursday morning, which I think is October y 7th. xp: � - Walden: No, the 6th. Thursday morning, the 6th, right? s Sanford: I'm looking at the date of my report that I made,owhTchrwas "- ;;;'' +nt the morning of the 7th. Walden: How long had you had him in jail when you had this conversa- tion with him.'Sanford: Approximately . . . .well, say 3:30 to 9:30. . .3:30 in the after- noon to 9:30 that evening. n•", Walden: Did he appear to be drunk or sober in that time? Sanford: Yes, he did appear to be sober. Walden: Were any other officers present during the interrogation? 5 • Sanford: Officer Grammer, and also. . .during this part of my interro- gation before I took my statement? r Walden: Yes. :r ..6. ® Sanford: Right, Officer Grammer. Walden: What statements did you take? Sanford: I took a statement 'r ® Walden: I'm going to read the statement that was taken. It is written on the City of Dania Police Department letterhead. Do you have a copy of that that you can give to Mr. Schlesinger? Well, Mr. Schlesinger, when I get through I will be glad to let you examine it. It is dated 9: 30 P.M. October 7, 1966, at the Dania Police Department. It says "I, Efrim Buchanan, having been advised bf my rights under the loth amendment of the Ccnstitutidn as to compulsory self-incrimination, and as to my right of counsel and my right of trial, and knowing that anything I say may be used against me in a court of law, and knowing that I do not have to make any statement at all, do hereby volunteer the following to Detective Ronald R. Sanford, who has identified him- self as a police officer of the City of Dania, Florida. ® Question: What is your name? >. Answer: Efrim Buchanan. Question: Where do you live? Answer: 39 S . Federal Highway, Fort Lauderdale, Florida. Question: How old are you, and what is your date of birth? Answer: I am Sl, and my correct date is April 15, 1917. Question: Who do you live with? }, Answer: My wife. Question: On the 6th day of October at approximately 12 midnight to 1:00 a.m: did you have occasion to talk to officer Robert Cowart at the P;orth of Royal Castle? Answer: Yes sir, I did. Question: Would you tell me in your own words what took place at that time: As I was driving by the Royal Castle I saw Officer Cowart coming o.it of the Royal Castle. I stopped my car and yelled at him, "Hey, come -4- e here. I got out of my car and went over to the Police car that officer Cowart was driving, and I said "I owe you some money for being good to me" , so at that, I threw 30 dollars on the police car seat, and I said "Get some cigarettes" . After that I left. Question: Mr. Buchanan, why did you state that? (I owe you some money for being good to me)'' Answer: Officer Cowart helped me get special consideration in the Hopstetter case. He made sure that I wasn't going to get hurt when it came to trial in the Dania City court. Question: Mr. Buchanan, is there anything else that you would like to tell the police at this time?. Answer: No sir. It is signed by E. Buchanan, witnessed by Donald R. Sanford and Robert L. Grammer. Walden: Officer Sanford, do you have any idea what his reference to the Hopstetter case means? Sanford: Mr. Walden, I had nothing at all to do with the Hopstetter case whatsoever. Walden: Have you made any investigation to see what he was referring ® to? Sanford: The part that I went into was Mr. Hopstetter vs the City of Dania, and vs Mr. Buchanan. And it had to do with a breaking and entering and a disorderly conduct charge of fighting. Walden: Who was the defendant in the case? Hopstetter or Buchanan. Sanford: I would say at this time that the Acting Chief would enlighten you on the Hopstetter case as far as Officer Cowart's testimony. Walden: Alright, after you took the statement from Mr. Buchanan what did you then do? Sanford: I then called the Acting Chief . Wa-den: Did you yourself make any report to any official of the City, such as the City Manager or the Mayor? Sanford: No, to Commissioner Zenobia and my immediate Chief. Walden: What was the occasion of your making the report to Commissioner Zenobia? Sanford: He was present at that time. Walden: At the time that you took the statement. Sanford: At the time I took the statement. Walden: Had you called him to come to the station? Sanford: No, I didnTt. He was there. Walden: At 9:00 Thursday night he was there? CaSanford: IIe was there, right. Walden: Have you had any conversation with Officer Cowart concerning this incident? Sanford: Yes, I have had some, but it was nothing having to do with g• the case. I told him the other day what tima to be here foz, the meet- ing, and such like that. Nothing that had anything to do with the case tiiat I can recall. -5- • °^ Sanford: Wait now. . .I retract that. Officer Cowart came in to me 'V the following morning, I believe it was morning, and we went up in the cell, Officer Cowart and myself, and we spoke to Mr. Buchanan. v At this time Officer Cowart asked Mr. Buchanan some questions in my ® presence. These questions were of this nature: Mr. Buchanan,did I ever promise you any consideration, or did I ever tell you you had to pay me any money for anything I have ever done for you? Or have I ever done anything for you other in the line of a reg- l.ar police officer? And he said "No, you haven't. I just like you Bob. That's all" . He said "I didn't want to get you into any trouble" . • Walden: With respect to the morning of October 5th, or October 6th, which was Thursday morning. Do I understand that Officer Cowart came on duty at 8:00 Thursday morning'. Sanford: Yes. • Walden: And when did he next go on duty on his normal shift? Sanford: He normally would have gone on duty at midnight. Walden: On Thursday night? Sanford: Yes. Walden: Arid did he go on duty at midnight Thursday night? Sanford: He was suspended after I took the statement. • Walden: Who suspended him? Sanford: The Chief. Walden: Had you called the Chief to the station immediately after ® taking the statement? Sanford: I called him by telephone. Walden: And did the Chief come down? • Sanford: No, he didn't comedown. Walden: Well hov) was the mechanics of this suspension. How did it take place. Did Jones tell you over the telephone to suspend him? Sanford: No, he didn't tell me over. the telephone to suspend him. ® I had already left. I took my statement and reported to my Chief that I had taken a statement and had interview Mr. Buchanan, then I left. Walden: Well, do you know how he became suspended? That was mid- night Thursday.night. Who gave him the word? O Sanford: I wouldn't know who gave him'the words if it wasntt the Assistant Chief. I have no idea. Walden: Were you on duty as the Acting Chief during the morning or during the day of October 6th? i ff: Sanford: No, I am not acting Chief, I am temporarily promoted to Detective Sergeant, second in command. Now that isntt acting Chief. Walden: Alright, now you were the highest ranking officer in the department in the absence of Officer Jones, is that correct? 'g Sanford: That is correct. Ial.den: Do you know whether or not Officer Cowart made any report, written report of this incident to his superiors when he came, off 0 -6- Amok Now duty at 8:00 the morning of Thursday, October 6th? Sanford: No, I don't know of any report. Walden: You would know if one was filed, is that correct? ® Sanford: It seems so. Walden: Officer Sanford, as the, I suppose the Detective on duty with the City, are you authorized to make a further investigation of the incident by the Acting Chief? ® Sanford: Yes, I was. Walden: And did you make such investigation? Sanford: Yes, I did. Walden: Then relate just what you did with respect to making such an investigation. Sanford: I found through my investigation, after talking to all concerned with it, and all parties involved in this investigation, that Officer Cowart is not guilty of taking any bribes. Walden: Just hold it now. . .tell me who you talked with and what you did, how did you make this investigation? Sanford: I talked to all parties involved. I talked to Officer Cowart, as I said upstairs in the jail cell with Mr. Buchanan. I • feel like,bven talking alone to Mr. Buchanan, what I have to say would be enough. Walden: Did Officer Cowart admit to you that the money was left in the car? O Sanford: Yes, he did. Walden: And just what were his exact words. Did he make any statement to you? Sanford: Mr. Cowart said to me that this man tried to give him the O money. He refused him once. And then the man threw the money, and he told Officer Cowart that there were three 10-dollar bills', and that the man took off. And Officer Cowart also said that he then took the money home and he expected to see this man, because he has seen him from time to time, and give it back. He had been drinking, he wasn't drunk, but he had been drinking, and he felt that when he saw this man again that he would give it back to him. Walden: To your knowledge, has the money been turned over to any of the Police Officials of the City? Sanford: Not to my knowledge. Walden: Is this the extent of your investigation and the conversations /ou had with Mr. Cowart and I.t. Buchanan? Sanford: P.ight. Walden: I believe you indicated earlier that you recently learned who made the anonymous telephone call. Sanford: The gentleman who made the phone call was a Mc;'Roland E. Fry, from Fort Lauderdale, who is the manager and part owner of a Bonded Oil Company there. Mr. Fry came into headquarters this afternoon and asked me if he could give a statement in his own handwriting as to the char- ieter of this Mr. Buchanan, and as to how and why he made this phone .:ill to the Dania Police stating that this man had rumored around that lie was paying the Dania Police off. -7- i '7 AOL k � Attorney Schlesinger objected stating that he had no way of examining Mr. Fryts statement, he has no way of interrogating the character of Mr . Buchanan, he certainly did not think that Mr. Fry's statement or Mr. . Buchanan's character reflects in any way upon Mr. Cowart. He stated that they are interested in the facts as applicable to Mr. Cowart not what Mr. Fry came in and said today. It is completely out of order and has no bearing on the facts in this case. Attorney Walden stated that this is not a court of law. He is going to try to conduct this hearing accordingly in a way that is fair to both the City and Officer Cowart. He granted that the character of ® Mr. Buchanan has no bearing on the issues. Walden: As a statement, did he say anything else to you directly concerning why the money was given to Mr. 'Cowart? Did this witness have any knowledge of that? Let me see his statement, if I may. W Attorney Wadden read the statement then reported that this is a state- ment taken from a Roland E. Fry, and it simply makes comments on what Mr. Buchanan said, evidently in Fort Lauderdale; but he did not think the statement has any bearing on the real issue before them. He then ruled that the statement is immaterial and does not have any bearing. ® Walden: Have you conducted any other investigations or have any other persons contacted you about the issues, and I define the issues as being whether or not the money was placed :in the police car and whether or not a report was made of that to the police department. Sanford: No. Walden: You may inquire, Mr. Schlesinger. Schlesinger: Officer Sanford, Mr. Buchanan told you quite specifically and unequivocally that he threw the money into the car, is that correct? Sanford: That's correct. Schlesinger: He told you that the reason he threw the money into the car was because Officer Cowart had refused to take it from him. Is that right? • Sanford: Yes. Schlesinger: And he indicated that he was desirous of doing something for Officer Cowart, or do something for his kids, and when he wouldntt take it voluntarily he just threw it into the car"and took off? • Sanford: That's correct. S-hlesinger: Now I understand that Commissioner Zenobia came down, was it that evening? The evening that you took the statement from Mr. Buchanan, is that right? • Sanford: He didn't come down, he was there when I arrived. He was downstairs in City Hall. Schlesinger: And he heard some of the conversation that was taking place? Sanford: Yes. Schlesinger: Was he aware of the fact that Officer Cowart had refused to take the money initially from Mr. Buchanan? Sanford: Who? j Schlesinger: Mr. Zenobia, Commissioner Zenobia. Did he know the con- .rrsation that you had with Mr. Buchanan? -8- i Sanford: When I took the statement. Yes, he was. Schlesinger: And he was aware of the statement that Buchanan had made that "I just threw it into the car?" Sanford: Yes. Schlesinger: Did Commissioner Zenobia at that time'demand that you suspend Officer Cowart then and there on the spot? Sanford: Yes sir, he did. O At this time there was an outburst from the audience, and Attorney Walden reprimanded them. He stated that if he was going to conduct this hearing he would suggest that they not have any more of these applauses, or comments, or statements as this is a formal hearing, and the Mayor has a right to clear the room if there is any more. Commissioner Zenobia: Mr. Walden, can I say something? Walden: I'd like to say this, as far as the procedure goes, I am going to call Acting Chief Jones and when we.get through if there is anyone else for the City's case, I think I should then ask each Com- ® missioner if he has anything to say. He then called Officer Jones . Walden: Please state your name. Jones: William C. Jones. ® Walden: Are you employed by the City of Dania? Jones: I am. Walden: What is your occupation with the City: 49 Jones: Detective Sergeant, Acting Chief of Police. Walden: Were you serving as Acting Chief of Police';during the evening of Thursday, October 6, 1966? Jones: I was. Walden: Did you receive a telephone call from Officer Sanford concern- ing the incident involving Officer Cowart? Jones: I did. Walden: Just state what Officer Sanford told you when he called you. Jones: I don't really know what night it was, I think if I am not mistaken it was nearer the weekend, rather than Thursday. There could be a little confliction there. But I do know that I did receive a phone call from Detective Sanford. s Walden: Well, let's get the time straight, have you written any memo- randum or reports to decide whether it was Thursday or later in the week? Jones: Well, I received a call from Detective Sanford just prior to the time that I suspended Officer Cowart, which was Saturday evening. Walden: Well, you heard his testimony, and you heard him say it was Thursday. Jones: No, I say there is a confliction there as far as the timt is concerned, I think. Walden: Well, I just asked if you will look at some of the reports and �e if you can get the date straightened out so we can come up with some agreement. Do you have any reports over there concerning this? -9- ttit7:Y' _: Jones: This was 10-7 on a Friday, so 10-8 was when I received the call, it was on a Saturday. This particular incident happened on the 7th, when Detective Sanford made out his report. And I received a phone call at home on the 8th, which was' Satar6zy evenning, and Detective Sanford related the informatior to me , and that he wanted to know about the suspension of Officer Cowa-^t, in this particular case. I said "definitely not" . As far as I was concerned, I wasn't about to suspend him. Walden: Did you come to the station to have a conversation with San- ford about the merits of this case? A Jones: No, I did not. I was home, and I was still on sick leave, and I did not come to the station. Walden: Did you authorize: Sat:. urd in any way to suspend the man? �9 Jones: I told Detective Sanford not to suspend him, that the man was innocent until he was proven guilty. Walden:And how would you understand that he had been proven guilty. Jones: By a police Commission meeting, or a meeting with the City 9/ Commission. Walden: At what time was this Saturday night? Jones: Off hand at the time I can't say, but I would say it was some- wheres in the neighborhood of 6 and 8:00 P.M. • Walden: Is it your testimony then that Officer Cowart did perform his duties from Thursday morning, when this incident evidently took place, up through Saturday evening? Jones: This was actually Friday when the report was made out, which • was on the 7th at 7:30 . And according to my recollections I received the phone call on a Saturday. Walden: Are you trying to state that a period of 24 hours elapsed before this was called to your attention? • Jones: Well, this was the evening before, and by the following day when the investigation was still under investigation, that is when it came more or less to a head, but that is when I was notified of it. Walden: Has Officer Cowart been suspended as of this date? • Jones: He was suspended by me Saturday evening, which was on the 8th. Walden: But I don't understand your testimony, Chief, you say on one hand that you were against the suspension of the officer, and yet you say you then suspended him on the same night. • Jones: Well, I definitely told Detective Sanford not to suspend him. And then I received a phone call again. Walden: From whom" Jones: I received a phone call from Commissioner Zenobia. Cl Walden: 4Jhar did he tell you? Jones: That Mayor Adams had recommended that due to the fact of the discrepancy in this case here that Bob Cowart be relieved from duty until further investigation could be made by the Police & Fire Commis- sion. `,I,i Llcn: This was Saturday night? -10- • Jones: This was Saturday evening, approximately sometime between 6 and 8 P.M. Walden: And based on that request, what action did you take? ® Jones: I called the desk immediately and had the desk get in touch with Officer Cowart and advise him that he was suspended, until we could get a Police & Fire Commission meeting together for further investigation. Walden: Had this suspension not taken place, when would Cowart ordin- • arily have gone on duty? Jones: At midnight Saturday night. Walden: It is your understanding that he did not go on duty as a re- sult of your order left at the desk. Jones: That he did not go on duty as a result of my order. Walden: Has he been on duty since midnight Saturday night? Jones: No, he hasn't. He has been on suspension due to the Police & 10 Fire Commission meeting last night. Walden: May I just ask for the record. . .what did Mr. Zenobia state to you, so that we can get it in the record? Jones: He just stated to me that he was in contact with Mayor Adams, O which I knew he was because he was going to relate this particular case to Mayor Adams, and he said that he was in touch with Mayor Adams, and Mayor Adams more or less made the request that, due to the circumstances of the case, that Officer Cowart.be believed of duty until they could come to a mere condlusive finding- 0 Walden: Did he tell you why, what particular phase of this thing made it necessary to suspend the policeman? Jones: No, he did not. Walden: Chief, do I understand that your only contact.'with this case • has been as a result of two telephone calls made to you Saturday night, one by Sanford and one by Commissioner Zenobia? Jones: Yes sir. Walden: Do you understand. . .you can just give me your answer yes or 0 no. . .that you, as Acting Chief Of Police, have the right to discipline members of the Police Department on your own initiative? Jones: Due to the fact that I°m new at this particular post right now, I don't know just how. far some of my duties, and what the scope of my duties are. 40 Walden: Did you seek any advice from the City Manager as to what you should or should not do? •Jones: No, over the weekend I did not contact him at all. Walden: Have you anything about the merits of the case, other than what you know about these two phone calls? Jones: The only thing that I can say is that, as far as this Hop= stetter case is concerned where Buchanan was involved, I am more or less an assistant court clerk, and I sit in on all cases. And I was 0 present at the time that Officer Cowart testified in the Hopstetter case. C;alden: Who was the defendant in the Hopstetter case? Jones: The defendant was Buchanan. � -11- z�W W Walden: And who was the complaining witness? Jones: I take that back, the defendant was Hopstetter and the com- plaining witness was Buchanan. Walden: And what was Hopstetter charged with? Jones: Hopstetter was charged with disorderly conduct, and amoung other things, public intoxication. It was a disorderly conduct charge, and whether it was public intoxication or not I don't know right now. Nevertheless, it was disorderly conduct charge. I heard Officer Cowart's testimony in this case and he testified straight down the line of any questions +that were asked by the judge. And I see nothing that was out of line in his testimony of Officer Cowart in this particular case. ® Walden: I think the question I was going to ask when we were inter- rupted was whether or not the defendant was found guilty or acquitted. Jones: Mr. Hopstetter was found guilty. Schlesinger: Chief , when Officer Sanford first related this incident ® to you your initial reaction was don't suspend the man, there is no= thing here to suspend him for, is that right? Jones: No, I did not, I did not suspend him. I said Do not suspend him because the man is innocent until he is proven guilty. S Schlesinger: And at a subsequent date, under pressure from Commis- sioner Zenobia, even though a hearing had not been held. . . . Walden: Mr. Schlesinger, I appologize for being the prosecutor and the judge, if that is what you want to call me, but I don't think there was testimony of any pressure and I will object to the use of that word. Schlesinger: Let me ask you this, Chief, why did you suspend him on Saturday night when you had indicated that it would not be your jab to suspend him Friday night? Jones: I didn't say that it wasn't my job to suspend him, I just told Detective Sanford not to suspend him. Schlesinger: Then why did you suspend him later? 1' Jones: Because I got orders from my superior that it would be a good • idea to suspend him until more investigation is made of the case. Schlesinger: Was anything else learned by you, or additional facts brought out, other than what you had already known? Jones: No, except the fact that Officer Cowart did come up to my house and tell me that the one thing that he did do wrong was the fact that he did not report it to the desk sergeant. And I was aware of that beforehand because Detective Sanford related that to me. Schlesinger: You were aware of that fact, so it was nothing new? Jones: That's right. Schlesinger: This hearing that was held when Officer Cowart was sus- perided by the Police & Fire Commission. Jones: Right. 0 Schlesinger: When was that held? -12- © Jones: At 5 P.M. last , ni ht which was the Sth. g Schlesinger: Was officer Cowart present at that time? Jones: He was not. Schlesinger: Was Mr. Buchanan g present at that time? Jones: He was not. .y Schlesinger: Who testified at that hearing? ® Jones: Actually, all wa did was just have a meeting that was supposed N to be scheduled for 5:00, and the word that I got when I arrived at the station about 4:30, Commissioner Young arrived, Mayor Adams was here, s and we were waiting for Commissioner Salvino, and Officer Cowart. And they did not arrive. In the meantime we were sitting upstairs. Commis- s.f sioner Zenobia came in and Commissioner Brice came in. And between the two Police Commissioners they decided to hold the meeting. As I say, =ice I am not acquainted with, being new on this, just what they do on these, sf but nevertheless it was held. Schlesinger: I ask you this sir, who testified at that meeting? Jones: Officer Sanford testified, and I testified as far as my know- ledge, what Officer Cowart told me and what Officer Sanford told me. Schlesinger: Did Detective Sanford testify essentially to what he told us here this evening? Jones: To what he told you this evening, outside of that statement that today he just took. Schlesinger: And thereafter Officer Cowart was officially suspended. Is that the way you would put it? Jones: For 15 days. Schlesinger: 15 days? Jones: Thatts right. ® Walden: Chief, in my direct examination I did not ask you about any conversations that you had with Officer Cowart, but I gather on the examination by Mr. Schlesinger that you did have a conversation with him. When and where did you have the conversation? A Jones: Officer Cowart came-but to my: house-:Stuiday.morning just be- fore noon. Walden: Did he admit to you that the money was thrown into the Police car by Mr. Buchanan? Jones: Yes, he did. Walden: Did he make any acknowledgement to you that he did not make a report of the incident to the superior? Jones: Yes he did. The one mistake that I made, Sergeant, he said, that's what I should have done. He said I should have notified my desk sergeant right away. Walden: Did he make any statement to you about his intentions with respect to this money? Jones: He said that he had all intentions of giving the money back to him. He had tried in vain right after the money was given to him to give it back to him, but could not locate him. But due to the fact -13- r. ` that he did know him as well as he did, that he would have no trouble Finding him and still intended to give it back to him. Walden: But to your knowledge, has the moony been turned over to the Police Department by Officer Cowart as of this date? Jones: To my knowledge, no. Attorney Walden then called Officer Sanford. Walden: officer Sanford, you heard the testimony of Mr. Jones, I gather these is some basic discrepancy about the times and dates, it being the testimony of Officer Jones that he Thought lt was leasescheck any a night- memorandum "a that your recollection? If you don't know� en did you call Chief Jones? you might have to get the date corrected. r is h. '• Sanford: I took this statement at 9:30 P.M. the 7th of tafteroIttook That would be Friday night. To the best of my knowledge, ?' the statement, in the presence of officer Grammer, Commissioner Zenobia 10 said that I would recommend that you suspend Officer Cowart. Tat that t' time contacted the Acting Chief . I believe to the best of my knowledge am wrong, I am wrong, but that is the it was Friday night. Now if I gi best of my knowledge . A�•• Walden: Does your report bear a date? Sanford: was on he statement when k t h ok money wassupposedto be the tossed into theoseat. . .was taken on the 6th. Walden: It was the morning of the 6th, that is around 1:00 on the morn- ing of the 6th. ® Sanford: Yes, and I took the report the following day at 9:30 that evening. Walden then recalled Chief Jones. Walden: Earlier you testified as I understood about 2 telephone conver- sations you had prior to Saturday night. Is that correct? I want to know all of the conversations you had about this. Jones: Well, there were two telephone conversations that I said I had I did not clarify. Walden: Did you get a telephone call Friday night? Jones: Friday night, from Detective Sanford. Walden: What did he tell you? Jones: He told me that on the recommendation of Commissioner Zenobia that Officer Cowart should be suspended. Walden: What did you say'. Jones: I said definitely not. P , tk;l.den: And then I gather you had some further conversation Saturday ' morning, is that right'. Jones: Right. Walden: At your home or the station? Jones: At my home. They came to my home. r.:, -14- that he did know him as well as he did, that he would have no trouble finding him and still intended to give it back to him. Walden: But to your knowledge, has the mosey been turned over to the Police Department by Officer Cowart as of this date? Jones: To my knowledge, no. Attorney Walden then called Officer Sanford: g Walden: Officer Sanford, you heard the testimony of :Ir. Jones, I gather there is some basic discrepancy about the times and dates, it being the testimony of Officer-Jones that he thought it was .Saturday night. Is that your recollection? If you don't know, please check any memorandum you might have to get the date corrected. When did you call Chief Jones. Sanford: I took this statement at 9:30 P.M. the 7th of this month. That would be Friday night. To the best of my knowledge, after I took the statement, in the presence of Officer Grammer, Commissioner Zenobia said that I would recommend that you suspend Officer Cowart. I at that r time contacted the Acting Chief. I believe to the best of my knowledge it was Friday night. Now if I am wronq, I am wrong, but that is the best of my knowledge. Walden: Does your report uecu 1 date? q Sanford: The statement I took was w, the 7th. The action took place. . . the action when the money was supposed to be tossed into the seat. . .was taken on the 6th. Walden: It was the morning of the 6th, that is around 1:00 on the morn- ing of the 6th. Sanford: Yes, and I took the report the following day at 9:30 that evening. Walden then recalled Chief Jones. Walden: Earlier you testified as I understood about 2 telephone conver- sations you had prior to Saturday night. Is that correct? I want to know all of the conversations you had about this. Jones: Well, there were two telephone conversations that I said I had I did not clarify. Walden: Did you get a telephone call Friday night? Jones: Friday night, from Detective Sanford. 1. Walden: What did he tell you? Jones: He told me that on the recommendation of Commissioner Zenobia that Officer Cowart should be suspended. < Walden: What did you say? Jones: I said definitely not. Walden: And then I gather you had some further conversation Saturday morning, is that right? Jones: Right. Walden: At your hone or the station? Jones: At my home. They came to my home. -14- 4 sir._: 9 N. i cWalden: Who came to your home? Jones: Commissioner Zenobia and Detective Sanford with the report. a Walden: Now what was your conclusion as a result of this meeting 0 that he should or should not be suspended? Jones: Well I felt that he should get some kind of a hearing, and I didn't want to go ahead, as I said before, this post .here is new to me, and I didn't want to go ahead and do something that I am not sup- posed to do. And I said that I didn't think that the man should be suspended until I had more information on it. Walden: And then you later had another telephone conversation, or two telephone conversations. . . Jones: One more. 0 Walden: With whom? Jones: With Commissioner Zenobia. Walden: And when was Cowart officially suspended? Midnight Saturday? Jones: No. . .well Yes. . .Midnight Saturday. Walden: Through some telephone call made to him? Jones: That's right. Walden: Who made the telephone call if you know? Jones: Officer Mazziotta was contacted on the desk to contact him. I tried to contact him at home and was unable to . So I contacted Officer Mazziotta again and said to try his best, to even have Sergeant Baxter 0 run by the house, to see that he was officially notified. Walden: Gentlemen, since this in effect is a matter directly involving the Commission, by giving this hearing, I feel that each Commissioner has the right to ask whatever questions he deems are proper, of these two witnesses called by the City. So I think the fairest way would be to ask Commissioner Young if he had any questions of either Witness, and if so, that witness should come back before the microphone. Young: I would like to ask a question of Detective Sergeant Sanford. Sergeant, did you notify Officer Cowart that a Police & Fire Committee meeting was to be held at a certain time with request that he was to A be there? Sanford: Yes, I did. Young: How did you do this? By phone? In person? 0 Sanford: No, I went in person. Young: And what time did you tell him that this meeting was to be held? Sanford: At 5:00 yesterday afternoon. 0 Your:g: Did he show up at 5:00? Sanford: No sir. Young: Did he show up at 5:15? 0 Sanford: No sir. Young: Did he show up at 5:30? Sanford: No sir . -15- Young: No further questions . Walden asked Mr. Schlesinger if he had any questions at this point. Mr . Schlesinger had none. He then called on Commissioner Salvino. 0 Salvino: I want to answer Commissioner Young's question. The reason he didn't show up I understand he was notified about 3:30 yesterday. His understanding was that he was to be here at 6:00 last night, and he called me up, and I said let me check with the Mayor to see if the time has been changed. So I called the Mayor's house and S,italked to the Mayor's daughter, and she told me that he was at church, and he wouldn't be home until 5 or a little after 5. I tried to contact the Mayor to find out if the time was changed. But, it was my understanding that it was 6:00 last night. And also, since Mr. Zenobia is so involved in this thing, I think that I would like for him to vacate his seat at this time. ® Commissioner Zenobia: I would like to talk. Commissioner Salvino: I would like him to vacate his seat. Is that in order? Walden: Not unless you have the full Commission action or some grounds. A Salvino: Well, I mean, he was involved in all this thing. He has been involved with Sergeant Sanford, and he went there to listen to all the testimony. I don't think it is right for him to take a position on this. Schlesinger: I have a question, Commissioner Salvino. Were you there ® at 6:00? Salvino: Yes sir. Schlesinger: Was Officer Cowart there? • Salvino: Yes sir. Young: Was it 6 o'clock, or was it 6:15 or 6:10? Salvino: It was about 5 minutes to 6. ® Walden asked Commissioner Brice if he had any questions to ask either of the witnesses. Brice: I don't believe I have any questions at the present time, but I would like to reserve the right to make a statement later. ® Walden: Commissioner Zenobia? Zenobia: Yes, I'm in the middle of this thing, it looks like. First of all the dates. . .the statement was taken on Friday night, and I was here. I happened to be around the Police Station. I heard the state- ment and Officer Sanford called Chief Jones at that particular time. 0 And tie did say to not suspend him that night. I did go to Chief Jone's house the following day. And on Saturday evening I was speaking to the Mayor about this and he sort of agreed with me that under the circumstances, that he thought that the man should be suspended until we have a hearing. I will tell you my reasons. . .I did say yes, he should be suspended. I will give you my reasons. Not that I thought he stole anything, or 0 anything like that, and T told Bob this, but he did make poor judgement in not reporting this. 48 hours had elapsed. There was a report made into the City by a man from Fort Lauderdale that he put the money. . . . that a man accepted the money, and a reportswas made by Mr. Buchanan that he put the money in Bob's car. Bob admitted this, he said yes, the money was put in the car, but I didn't intend to keep it. And I believe Bob. But still, there was that 48 hours lapsed there. I just thought that it was poor judgement, especially at this particular time when the whole commission and the whole police department is being criticized ovor these particular items. And that is why I said what I said. And I -16- �n , will stick to it. And as liar as the meeting at 5:00 yesterday, Mr. Salvino knew it was going to be at 5:00 because he stated that yes- terday. And he also stated that he wished I wouldn't attend the meeting. Walden then called on Mayor Adams. i Adams: No, I don't have any questions. Walden then called on Mr. Schlesinger. Rj s Mr. Schlesinger made a statement on behalf of Officer Cowart, and stated that Cowart never intended to keep the money. He stated that Mr. Buchanan, he believed, was in the audience, and he could come forward and collect his money. Walden advised Chat there was no testimony as to the honesty or dis- honesty of any police officer. He advised that the only issue is the efficiency or the competency of this police officer in the performance w of his duty, and whether or not the police officer did his duty in not k making a written report, "Because, I think you will admit that the i payment of any money to any police officer can certainly lead to'.im- proper conclusions." He again advised that City employees are not (r' entitled to a public hearing under the charter, and department heads should be the sole judges of whether they are performing their duties efficiently. A motion was made by Commissioner Salvino that Officer Cowart be re- instated with back pay. The motion was seconded by Commissioner Brice, Commissioner Young stated that he was not doubting the integrity of the officer, but he felt that at any time that a police officer has money # thrown into his vehicle that he is derelict in his duty if he does not immediately report back to his superior officer. Commissioner Brice agreed that this officer used poor judgement and did not follow proper procedure, but "I must vote to exonerate him because an elected official was completely out of order in attempt= ing to dictate to any department head, and I feel that Mr. Zenobia got this thing completely out of proportion and that it should hot have been. He is not even on the police committee, and if he felt this he should have taken it up with the Mayor rather than attempting I o act such as he did." r, The roll being called, the Commissioners voted as follows: Brice Yes Salvino Yes Young No t` Zenobia No y Adams A Mayor Adams stated that he talked to Officer Cowart last night and told 'him that he made a mistake in keeping the money. He admitted to the Mayor that he did. Mayor Adams stated that he admired Officer ` Cowart for admitting this, so "I am going along with the motion to Rreinstate Officer Cowart." J Cowart: I think that we have about three honest Commissioners sitting up there tonight, and I want to thank each and every one of you for the consideration. S E Commissioner Young asked Mr. Cowart to state who the honest Commis- •,: sioners were. - Commissioner Zenobia: After a statement like that, I am proud of the ' way I voted. Ci- . :danager Goldberg stated that in regards to the Finance Committee that met last week, the recommendation was that later meetings in -17- regards to the Insurance and Pension would Lake $lace,in order to prevent any lapse in the current insurance that $1,000 was recom- mended to be paid. He asked the approval of the payment. A motion was made by Commissioner Salvino to pay the $1,000.00 to the Pension Fund Insurance renewal. The motion was seconded by Commissioner. Young, and the roll being called, the Commissioners voted as follows: Brice Yes Salvino Yes ® Young Yes Zenobia Yes Adams Yes Bob Houston suggested that a survey be made of all city insurance to find the lowest rate. Commissioner Brice asked the City Commission to instruct the City Manager, in co-operation with each department head, to draw up a Code of Ethics and Conduct for city employees, both while or, duty and off duty. He stated that some employees have said to him that they dontt know where they stand. He stated that if they have a code of ethics there would be no excuse for any employee not knowing where he stands. He added that Public Officials and City Employees should either conduct themselves to give credit to the City "Or we should turn in our resignation" . A motion was made by Commissioner Brice to instruct the City Manager ® to get together with the department heads and draw up a Code of Ethics for city employees. The motion was seconded by Commissioner Young, and the roll being called, the Commissioners voted as follows: Brice Yes Salvino Yes Young Yes Zenobia Yes Adams Yes There being no further business, the meeting adjourned. Mary Flornhill City Jerk-Auditor i James G. Adams Mayor-Commissioner -18- �c