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HomeMy WebLinkAbout31158 - MINUTES - City Commission MINUTES OF SPECIAL MEETING, CITY COMMISSION, CITY OF DANIA, FLORIDA HELD OCTOBER 6, 1966 . ® The City Commission of the City of Dania, Florida met in Special Seccion in the Commission Room at the C.'.':y Hall. PRESENT WERE: MAYOR-COMMISSIONER JAMES G. ADAMS COMMISSIONERS GUS BRICE FRANK SALVINO S. ELLIS YOUNG CARL ZENOBIA CITY ATTORNEY CLARKE WALDEN CITY MANAGER STANLEY GOLDBERG CITY CLERK MARY THORNHILL g Meeting called to order at 4:30 o'clock P. M. by Mayor Adams . Mayor Adams stated that the purpose of the meeting was to take action on a recommendation from the Police and Fire Committee regarding what action to take on the Chief of Police since his indictment by the Grand Jury. The Committee met earlier today, but did not reach a unanimous decision, in fact it was a 2 .1 decision on thesuspension of the Chief until he is either found guilty or innocent of the charges . If he is found innocent, he is to be reinstated with full back pay. O Commissioner Brice stated that he realized the Police and Fire Committee was doing what they thought was in line with their duties. But he thought you would find when it becomes a situation involving a department head, that it is in order for the entire commission to take action. Therefore, he thought the recommendation was entirely out of order and should not have been presented as such. ® Commissioner Zenobia stated that he agreed with Commissioner Brice in a way-- in that he did not think the committee should have met. But he did agree with the decision of the committee. That he too thought it should be a suspension, and if he is found innocent of the charges, he should be reinstated with full pay. That he did not think the Commission should sit here and pre-judge a man and say he is guilty just because he has been indicted. A motion was made by Commissioner Zenobia to suspend Montie F. Smith from his duties as Chief of Police until he is either found innocent or guilty of charges handed down in an indictment by the Grand Jury ® or. October 5, 1966, and if Chief Smith is found innocent of the charges, he is to be reinstated with full pay; motion seconded by Commissioner Young. Attorney Walden suggested that the motion be made to suspeno the chief indefinitely and stop there because circumstances may change over a ® long period of time . When a new commission takes office they possibly would over rule your suspension. That he thought the only binding motion the commission can make is to suspend the chief indefinitely and then if the situation develops, other action can be taken at that time . Commissioner Zenobia stated that Mr. Walden was the attorney, but he felt the motion he made was legal, and what the new commission wishes to do is up to them. But he felt this commission has a right to make thuii own decision as to what they want to do now. � -1- n �d i{ay ROW Qv O Attorney Walden stated that he felt sure Chief Smith will do whatever is necessary to get a quick trial, but in the Court of Record, that ® could be as long as 90 days . If a ruling is entered that is adverse to the chief, he might consider taking it to the Distri-C Court and that could extend into another six months delay. If you go on record keeping the job open indefinitely, maybe 9 months from now you would have to change it. You have no way of knowing how long it is going to take. Commissioner Zenobia stated that he still felt it is up to the new commission what they want to do at that particular time, and that this commission has a right as long as they' are sitting here, to make their own decision. If a new commission wants to make a new decision it is up to them. That he would like to go on record as to what his decision is in the matter. Commissioner Salvino asked if the man that is under suspension now will get back pay when he is reinstated? Commissioner Zenobia stated that there has bean an investigation • and that as far as he was concerned the man should be fired. Commissioner Brice stated that he was inclined to disagree with the motion for one reason. All we are doing is delaying things and we are putting a black stigma on the City. We all know that a man in the position that Chief Smith was in should be the type of person ® that our youth can look up to. Now many of the episodes that have gone on in this city in our police department have been overlooked for the last year. This was brought to the attention of some of the commissioners before he was elected, and to this date nothing has been done about it. Therefore, he felt that to start a clean- up, why go to the rank and file, let's start at the top and go ® down, and that he was bitterly opposed to any suspension and he thought a dismissal was in order. Commissioner Young advised Commissioner Brice that he respected his opinion, that he was as much entitled to his opinion and he was to his, but he had no reason to believe that the law of the land has ® changed, and that the basic principle is -- a man is innocent until proven guilty. Unless the laws have changed so that a man is guilty because of gossip on the corner or a rumor, he felt a dismissal was completely out of order. We are meeting here today for the purpose of making a decision. We have no evidence, we have no background on it other than the individual papers in a report from the Grand ® Jury. The report from tie Grand Jury does not give us testimony, does not give us evidence, does not give us anything concrete to base an opinion on. He still felt that as long as a man is not in the realm of proven to be guilty, then he is innocent. When and if he is proven guilty is something else. Commissioner Brice stated there was something else to think about. We are operating in effect of our hands being tied as far as a police chief is concerned. This commission nor the one that will follow, can take no action as far as hiring some one, and the City cannot afford to be without a head of its police department for any length of time. He thought this should definitely be considered. Commissioner Zenobia stated that he flet some one would be put in the position today. -2- • Mayor Adams stated that he conferred with the City Attorney before making a decision and if his interpretation was correct, a new com- mission can over rule anything that this commission decides to do today, is that right Mr. Walden? Attorney Walden stated that was right, and he would like to have it in the record so there will not be any misunderstanding later. Mayor Adams stated that he felt the same as he did two weeks ago, that he felt, a man is innocent until proven guilty, and he certainly was in ® favor of going along with the recommendation for suspension of Chief Smith at this time. Mayor Adams called for a vote on the motion. It was as follows: Brice No Q� Salvino No Young Yes Zenobia Yes Adams Yes Mayor Adams stated that Chief Smith has been suspended and it was ® necessary to appoint an Acting Chief, and asked the wishes of the Commission. A motion was made by Commissioner Brice to appoint Fred Caldwell Acting Chief. 0 Mayor Adams declared the motion dead for the lack of a second. A motion was made by Commissioner Salvino to appoint Robert Cowart Acting Chief; motion was seconded by Commissioner Brice, and the roll being called, commissioners voted as follows: 0 Brice Yes Salvino Yes Young No Zenobia No Adams No • Commissioner Young stated that he felt that when we get into a position such as we have now the second in command would be the proper person to step up and take the place of the Chief of Police. There are many good, logical and sound reasons for it. The main one is that being second in command he would be more familiar and more in touch with what has been going on and he would have a better knowledge of the functions than would s a patrolman. I think when this choice is made these things should be taken into consideration. Mayor Adams stated that he had known Bob Cowart for a number of years and he had a lot of respect for him, but he did not feel he had enough experience to head up a police department. p Commissioner Salvino stated that he thought Cowart was well qualified for the job, that he had quite a few years experience in Miami and had been on the Dania force for five or six years, altogether he has about eleven years experience. 8 A motion was made by Commissioner Zenobia that Detective Sergeant Jones be appointed Acting Chief of Police; motion seconded by Commissioner Young, and the roll being called, Commissioners voted as follows: Brice No _ Salvino No Qa Young Yes Zenobia Yes Adams Yes -3- 0 Attorney Walden stated that he thought a motion should be made as to what pay Chief Smith is to teceive at this time. A motion was made by Commissioner Zenobia that Chief Smith be paid his two weeks vacation and two weeks regular pay; motion seconded by Commissioner Young, and the roll being called, Commissioners voted as follows: Brice Yes Salvino Yes Young Y.es eenobia Yes Adams Yes Leonard Fleet, Attorney, representing Montie Smith, advised the com- mission that Chief Smith would be out of town for a few days and he ® was waiving all formal requirements of notice of dismissal or suspen- sion is concerned, but he would appreciate it if a notice of his sus- pension was mailed to his office. Attorney Walden stated that at the last meeting the Commission auth- orized an audit be made of Mr, William Rhodes business covered by p lease with the City. There was not an auditing firm named to do the work. lie also thought they would require a formal resolution auth= orizing the work to be done. A motion was made by Commissioner Zenobia that a resolution be drawn and passed authorizing the firm of Lindfors, Waite 6 Co. , CPA, to ® audit the books of William G. Rhodes covered by leases with the City of Dania; motion seconded by Commissioner Young, and the roll being called, Commissioners voted as follows: Brice Yes Salvino Yes ® Young Yes Zenobia Yes Adams Yes Commissioner Brice stated that he did not know whether the other com- missioners had read the Grand Jury report pertaining to Dania or not. That he regretted very much that this had to come up because it is not only a slap on every commisssner that sits at this table here,it is a slap on the City of Dania. As to the statement he made to tha press today, this could all have been avoided. That the thing that concerned him most was the fact that as long as the people in Dania, for indivi- dual selfish interests, and small pressure groups continue to pressure commissioners, we will never be able to have this the type of town we will all be proud of. For over a year we have known that certain things were going on that were irregular, I will not say they were illegal. They talk about proof, we know, you the people know, you walk up and down the streets • you know what goes on. May of you condemn the commissioners that sit here . There is one thing I wish you would all remember, that is it takes more than two to get any action. Ther:: b ing no further business, meeting adjourned. Mar orn i Ci Clerk-Auditor Jam a G. Adams I' :;,n , Commissioner -4- •