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HomeMy WebLinkAbout86120 - MINUTES - City Commission MINUTES OF SPECIAL MEETING, CITY COMMISSION, CITY OF DANIA, FLORIDA, HELD JULY 61 1965. The City Commission of the City of Dania, Florida, met in Special Session in the Commission Room at the City Hall. Present were: MAYOR-COMMISSIONER, FRANK SALVINO COMMISSIONERS ROBERT GRM24ER CARL ZENOBIA CITY-ATTORNEY CLARKE WALDEN CHIEF OF POLICE MONTIE SMITH CITY CLERK' MARY THORNHILL The meeting was called to order at 11:55.P.M. by Mayor Salvino. Mayor Salvino: The purpose of this meeting is because I got cussed, and I will now turn the gavel over to Commissioner Grammer. I want to see the City Manager's seat vacated at this time. He cussed me; he called me a SOB and he even took a swing at me. Commissioner Zenobia: Is that in the form of a motion? Mayor Salvino: That's in the form of a motion. Commissioner Zenobia: Well, the past month or so I have defended Mr. Culverson from being fired; but I don't like disrespect, and I don't think a City Manager or any man working for the City should ever take a swing at the Mayor, especially in public. So I am going to second the motion to vacate the seat of City Manager. Commissioner Grammer: We have a motion and a second; any discussion? City Attorney Walden: May I say something just about the procedure you are following in calling special meetings? Mr. Mayor, I was called back here just a few minutes ago, and I have not had any opportunity to research this course in great detail. Section 4, Article 7, Part 2 of the Charter governs the calling of Special Meet- ings; which provide in substance that that a Mayor, or any two mem- bers of a Commission, may call a special meeting if 6 hours notice, written notice, is given to each member; to the City Manager, City "..: Auditor-City Clerk, City Attorney and Chief of Police. I gather that written notice has not been given for this meeting, so just on this phase there might be!:some question about the validity of this meet- ing. However, the Charter goes on to say that the irregulabity or validity of any proceedings taken at any special meeting of which a majority of the members of the City Commission and the City Clerk is present shall not be questioned on the account of an omission or it regularity in calling such special meeting. We do have tonight a majority of the members of the Commission present, and the City Clerk is present. So if the omissions of giving a 6 hour notice has not been met, I still assume that this is a valid meeting. However, I have been further given a copy of a notice where we called a meeting at 8:00 in the morning; so while you may take whatever action you see fit tonight, I still suggest that you go ahead and have a meeting at 8:00 in the morning. That's when it is scheduled. And I think you ought to give notice to Mr. Culverson as well as the other department heads, so that there may be an opportunity tomorrow to ratify and con-. firm whatever action is taken tonight. Commissioner Grammer: Mayor, would you like to add that to your mo- tion that we call this meeting in the morning. Mayor Salvino: Yes. This meeting is called as an emergency meeting. City Attorney Walden: I was just telling you that while the charter says it, evidently if you don't give any notice, if the majority agree on what you are doing. I am not, in my own mind, convinced that means Y% exactly what it says; so I still think you ought to call the meeting in the morning. Commissioner Grammer: You will add that to your. motion? Mayor Salvino: Yes. The roll::.being called, the Commissioners voted as follows: Salvino Yes Zenobia Yes Grammer Yes Commissioner Grammer returned the gavel to Mayor Salvino. A motion was then made by Commissioner Grammer to appoint Tony Sal- vino City Manager. The motion was seconded by,Commissioner -Zenobia, and the roll being called, the Commissioners voted as followt: Grammer Yes Zenobia Yes Salvino Yes City Attorney Walden: Just for the record, I don't believe Mr. Cul- verson is entitled to any public hearing. I have not had a chance to research it. Under this most recent charter amendment we went through with, you may find that he is entitled to a hearing. I will have to ='` give you an answer in the morning. So your appointipent of a successor manager may be premature. I don't think it is, .but I haven't had a chance to look it up. Mayor Salvino: Personally, I don't think he is entitled to a hearing. City Attorney Walden: Well, the charter formerly said that the City Manager had to serve 6 months before being entitled to any hearing, and that has been the law here for many years. But if you will recall, this spring we amended the charter simply to say that every department head was entitled to a public hearing. I do not recall the details of how long he had to serve, only that he was entitled to it. And I am inclined to agree with you. I think you are right, but again, I just received notice of this meeting a short while ago, and I have -not had any chance to look into it. I. mention it for whatever it is worth. I think that you are right in your statement. psi Mayor Salvino: Well he was just hired here about two or three months ago, and he got a severance pay. He was absolutely fired. City Attorney Walden: Right, but what I am trying to say is that the charter was amended this past legislative session, and we still don't even have a copy of that amendment. It was to the effect that every department head, including the City Manager, is entitled to a separate hearing. My recollection is that the charter change said '.after they .` have served for 6 months" , but you caught me off guard,. and I have not looked into it. Commissioner Grammer: But otherwise, at this next meeting in the morning, you could probably have this answer for us. �,. City Attorney Walden: Yes, I will have the answer in the morning at 8. And again, to avoid any question about the lack of notice, I think that in the morning at 8, if on this action you wish a majority, then a majority of the Commission should make a motion to ratify and , confirm the action taken tonight. r? There being no further business on the agenda, the meeting adjourned. Frank Salvino Mary ornhill r ,.. Mayor-Commissioner City Clerk-Auditor �' -2-