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HomeMy WebLinkAboutMinutes 09-24-1992 Special CITY COUNCIL SPECIAL MEETING September 24 , 1992 A Special Meeting of the Cape Canaveral City Council was held on September 24 , 1992 , at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 5: 33 P.M. by Mayor Pro Tem Porter. Pledge of Allegiance was led by Mayor Pro Tem Porter. ROLL CALL: Mayor Joy Salamone Absent Mayor Pro Tem John Porter Present Councilmember Joan Calvert Present Councilmember Rocky Randels Present Councilmember Ann Thurm Present City Manager Edward Spenik Present City Attorney John Kancilia Present City Clerk Faith Miller Present BUSINESS: 1. Motion to dismiss City Manager Edward Spenik. Mayor Pro Tem Porter outlined certain procedures for the meeting including the necessity to keep the meeting as professional as possible. Due to the size of the audience he asked to limit any public comments to two (2) minutes. Mrs. Thurm read a brief statement regarding the City Manager and distributed same to each member of the Council, the City Manager, City Attorney, and City Clerk. Motion by Mrs. Thurm, seconded by Mrs. Calvert that Edward Spenik be terminated immediately as City Manager of the City of Cape Canaveral, that he be required to turn over to the City Clerk any City property including keys, credit cards or vehicles that he may have in his possession, and that he be ordered to remove his personal property from City premises under the supervision and observation of the Acting City Manager or his/her designee within the next 24 hours. Mr. Porter stated Mayor Salamone had an out of town medical emergency. He stated that she was in Jacksonville and was unable to attend the meeting. He stated that he felt sure that Mayor Salamone would want to be present for this type of important vote and he asked that Council consider delaying the meeting until Mayor Salamone could be present. Mrs. Thurm, Mr. Randels and Mrs. Calvert stated that they did not wish to postpone the meeting. Mr. Randels stated that the proposed action was not a hasty decision on his part and he stated that Council was about to review the performance of the City Manager. He reviewed the individual evaluation assessments that were used and several additional categories that he had added to his evaluation of the City Manager. He stated that in the past two (2) years he had observed several long-term employees leave the City's employ and he mentioned the recent controversy over Boardmembers. Mr. Randels stated that in his opinion he no longer had confidence in the decisions of the present City Manager as they affected the community and he did not support the continued employment of the City Manager. Mrs. Calvert stated that Mr. Randels had highlighted her feelings regarding the City Manager, particularly by reviewing the evaluation list. Mr. Spenik addressed Mrs. Thurm's statement which he felt had inaccuracies and he further explained same. He advised that he had submitted a letter to the City Council regarding the number of employees who had resigned or been terminated from the City's City of Cape Canaveral, Florida Special City Council Meeting September 24 , 1992 Page 2 employ within the last two (2) years. A total of ten (10) full- time employees and three (3) part-time employees had voluntarily resigned within the two (2) years. Three (3) full-time employees and one (1) probationary employee were terminated from City employment and he explained the reasons for the terminations. Mr. Spenik stated that he had not been served by the City Council for any violation of his duty except for that evening. He stated that the City had a Personnel Policy for all the employees and he asked to be afforded his rights of free speech to respond to such a notice and that he be allowed to make comments and obtain legal counsel. He stated that he had not violated his job requirements nor had he violated any City policy regarding free speech on sensitive issues such as nepotism or conflict of interest. He felt that there was a violation of the Sunshine Law on February 11, 1992 between Mrs. Thurm and Mayor Salamone when Mrs. Thurm approached the Mayor with a demand for the termination of Ed Spenik at that time. Mr. Porter stated that there had been a great deal of internal conflicts within the City which had been a monumental waste of time and energy. He stated that the City Council and employees were charged with the responsibility of looking after the citizen's interests. He felt that the City had lost track of the City's priorities. He stated that the City needed to salvage what was good and that it could not afford disunity. He stated that the City Manager could not allow the Council to interfere in the day- to-day operations of City administration. He stated that three of the four Councilmembers had stated their position regarding the City Manager and asked for some semblance of stability in this transitional period. Motion by Mr. Porter to amend the motion to allow Mr. Spenik forty- five (45) days to assist in the transition process. Amended motion failed for lack of a second. Mrs. Thurm stated that if anyone felt that the Sunshine Law had been broken then it would be his/her duty to report it to the State Attorney's Office. She stated that the remark referred to by Mr. Spenik was a very personal comment concerning his health. She also addressed comments regarding the termination of a previous Public Works Director. Mrs. Calvert asked if it was proper to offer Mr. Spenik an opportunity to resign with severance. Mr. Kancilia stated that if she was suggesting that Mr. Spenik should resign with severance being payment without expectancy of further work then it would be different then a pure termination notice. The time period for the suggested severance was briefly discussed. Mr. Porter stated that obviously the City Council was in the mood to terminate the City Manager. He asked that the termination be done with civility. He did not feel that there was a need to throw anyone out. Mrs. Thurm stated that last time there was no time limit given and it caused several problems. Mr. Spenik advised that this was the first time he had heard about severance and he would need to discuss it with his counsel. Mr. Randels stated that his decision was not emotional although it was traumatic for the City Manager. He questioned the effectiveness of an individual in a position without the authority to make decisions prior to an impending termination. Mr. Porter felt that Mr. Spenik had accomplished a great deal City of Cape Canaveral, Florida Special City Council Meeting September 24, 1992 Page 3 during his tenure and he felt that some things had gone wrong. He stated that based on what other Councilmembers had said and in the best interests of the City that the administration did need to be changed. He stated that the lobbying efforts of the public regarding his vote on the matter did not affect his decision. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; Councilwoman Calvert, For; Councilman Randels, For; ir, Councilwoman Thurm, For. ' 2 . Motion to appoint interim Acting City Manager. Motion by Mrs. Thurm, seconded by Mrs. Calvert to appoint Bennett . Boucher as the City's interim Acting City Manager. The Councilmembers all spoke in favor of the appointment. Motion carried with members voting as follows: Mayor Pro Tem Porter, For; i Councilwoman Calvert, For; Councilman Randels, For; Councilwoman Thurm, For. Mr. Porter advised that since the meeting was a special meeting there would be no public discussion time. There being no further business, the meeting adjourned at 6: 15 P.M. Approved this 6th day of October , 1992 . gli. /, / i Jry, ., Salamone, MAYOR ATTES : /04 Faith G. Miller, ITY CLERK C , Sept . 24, 1992 I want to say that I am very sorry thattsituation with the City Manager has come to this point . This is not about personalities , friendships , former managers nor any special employees . This is about administrative duties as opposed to policy setting. It is about interference with the Code Enforcment Procedure . It is about unprofessionalism; about in part , a very high and unusual loss of valued employees , during Ed Spenik ' s tenure here . It is about the obvious hostility toward many employees in general which has been expressed to me personally by Spenik on several occasions . This is about the City Council doing their duty to the citizens here who elected us, and making a change in City Management to acquire the service of a professional trained City Manager who can better deal with supervision and management of employees under him/her. I have earnestly tried to understand, get along with and work with Mr. Spenik but find that I cannot do so. I feel that to continue with Edward Spenik as City Manager is not in the best interests of the City; THEREFORE Since the City Manager serves at the will and pleasure of the City Council I make the following motion: That Edward Spenik be terminated immediately as City Manager of the City of Cape Canaveral , that he be required to turn over to the City Clerk any City property including keys , credit cards or vehichles that he may have in his possession, and that he is ordered to remove his personal property from city premises under the supervisions and observation of the Acting City Manager or his/her designee within the next 24 hours . .t.. '; f Y 7 , $! F � iCity of Cape Canaveral 1 1 Rte , --1-1V--, „;‘t"' 105 POLK AVENUE • P.O. BOX 326 1, 4, �5 ,,, ,A CAPE CANAVERAL, FLORIDA 32920 7 TELEPHONE 407/783-1100 t 4 FAX 407/799-3170 ,'''-1 G CAPE CANAVERAL • V CITY OF f�' fr tr `.r f" September 24 , 1992 . f` / MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF CITY Cd NCIL --77.-.-- FROM: FROM: EDWARD SPENIK, CITY MANAGER L c/)4 RE: CLARIFICATION OF ERRONEOUS STAT ' ENT PUBLISHED IN FLORIDA TODAY, SEPTEMBER 24 , 1992 , REGARDING COUNCILWOMAN ANN THURM Since November, 1990, to September, 1992 , the record of the resignations and dismissals are as follows: 14 full time, 3 part- time, and 2 probationary employees. (Please refer to attached breakdown. ) In fulfilling my duties for the City of Cape Canaveral, as City Manager, I informed the council member, whose special interest was administration the respective department, of each resignation and or termination as the information was made known to the administrative staff. As City Manager, I have contacted the City Attorney prior to any action being taken on the part of the City regarding each personnel administrative decision. Attachment PRINTED ON RECYCLED PAPER 0 • • DATE EMPLOYEE DEPARTMENT COMMENTS 11/26/90 O'Keefe Sewer Resigned-- took position at Kennedy Space Center 12/13/90 Teston Sewer Resigned 1990 TOTAL EMPLOYEES: 56 RESIGNATIONS: 2 EMPLOYEES 1/18/91 Taylor Clerk Resigned 2/14/91 Schloss Recreation P/T Resigned 3/25/91 Duble Sewer Resigned 4/12/91 Thompson Beautification Resigned 5/20/91 Boland Sewer Abandoned Job 10/18/91 Williams Public Works Termination-- Probationary. (Mr. Williams termination was a result of Mrs. Thurm's investigation) 1991 TOTAL EMPLOYEES: 56 RESIGNATIONS: 4 FULL TIME 1 PART TIME TERMINATIONS: 1 FULL TIME 2/18/92 Martin Streets Resigned--moved 2/20/92 Brown Administrative Terminated-- failure to return to work 2/25/92 Leeser City Clerk Resigned 5/14/92 Jordan Sewer Resigned--moved 5/15/92 Crowell Streets Resigned--took other job 5/29/92 Gillard Recreation P/T Resigned 6/3/92 Puleo Recreation P/T Resigned 6/11/92 Akery Streets Termination 7/6/92 Morris Finance Resigned--took other position 7/10/92 Siler Sewer Resigned 8/24/92 Lobb Sewer Termination-- Probationary 1992 TOTAL EMPLOYEES: 53 RESIGNATIONS: 6 FULL TIME 2 PART TIME TERMINATIONS: 2 FULL TIME 1 PROBATIONARY