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Town of Ponce Inlet
TOWN COUNCIL MINUTES
Special Meeting of January 27, 2010
1. CALL TO ORDER: Pursuant to proper notice, Mayor Goudie called the meeting to order at 6:00 p.m. in the Council Chambers at 4300 South Atlantic Avenue, Ponce Inlet, Florida.
2. PLEDGE OF ALLEGIANCE: Mayor Goudie led the attendees in the Pledge of Allegiance.
3. ROLL CALL:
Council present:
Mayor Goudie, Seat #1
Vice-Mayor Derr, Seat #2
Councilmember Rutledge, Seat #3
Councilmember Davis, Seat #4
Councilmember Lewis, Seat #5
Staff Members Present:
Ms. Clauss, Town Manager/Town Clerk
Wayne Lurcock, Acting Police Chief
Ms. Trepasso, Administrative Assistant
Ms. Cherbano, Human Resource Technician
Mr. Mandel, Town Labor Attorney
4. ADDITIONS, CORRECTIONS, OR DELETIONS TO THE AGENDA: None.
5. Consideration of Town Manager’s recommendation to terminate the employment of Police Chief Steven R. Thomas. Mayor Goudie opened the floor to Ms. Clauss for a presentation. Ms. Clauss read her recommendation (Attachment 1) which was a request for Police Chief Thomas’s termination which would be a no-clause termination under the Town’s Employee Rules and Regulations. This would entitle Chief Thomas to his severance pay plus payment for all his accumulated personal leave. In making her request, she stated that she did not want to take away from Chief Thomas’ years of service to the Town nor did she wish to reflect negatively on the services being provided by the Police Department. She also stated that as hard as it is to take this
action, this was truly what she believed to be in the best interest of the Town. Attorney Mandel stated that section seven of the Employee Rules and Regulations allows this action and confirmed department heads are “at-will” employees that can be removed from employment with or without cause. If a department head is removed without cause. The employee manual states that they are entitled to a severance benefit package when such action is taken. He stated that under normal circumstances these types of matters would not come before the Council because the County/City Manager has this authority, but since the Town’s Charter has a provision that states that this type of action is subject to approval from Council tonight’s meeting is necessary. The Council’s roll in this meeting is to approve or disapprove the Town manager’s request. What the Town manager is asking is to exercise her authority under the Town Charter and the
Employee Rules and Regulations and for Council approval.
Mayor Goudie opened the floor to Attorney Michael J. Politis who was speaking on behalf of Chief Thomas. Mr. Politis gave a brief presentation on Chief Thomas’s last evaluation which he received back on July 6th, 2009 and read the positive comments within it from the Town manager. He also stated that the level of scoring was consistently in the high levels. Attorney Politis also stated Chief Thomas has many accomplishments throughout his tenure of eleven years with the Town. He also spoke about the numerous organizations he was affiliated with and events that Chief Thomas has participated in or sponsored. Attorney Politis stated that there was a potential agreement made between Chief Thomas and Attorney Mandel until Chief Thomas read the newspaper article (Attachment 2) that made
it sound as if Chief Thomas was being fired for cause. Attorney Politis stated that Chief Thomas was not here to contest the Council nor the Town manager’s authority but to explain himself and let citizens know that he was not fired for cause.
Mayor Goudie opened for public comments. Gary Swanhart, 32 Coastal Oaks Circle, stated that each Council member’s number one priority during their election campaign was safety. The police department is an accredited department which promotes a high dignity for the Town police officers and other employees. He spoke about how hard it is to receive accreditation. He also stated that the Volusia County Sheriff department does not have the same level of service and is very costly. He spoke about federal training that Chief Thomas brought into the Town at no cost to taxpayers and ask for Council to rescind the Town manager’s request for at least six (6) months to find out what the real issue is. Mary Lee Sturno, 4661 Riverwalk Village Court, asked why and stated that this Town deserves Chief
Thomas. Vic McClellan, 4327 S. Peninsula Drive, stated the damage is done but what concerns him the most was the manner in which this was handled. He stated that Chief Thomas is the most professional police officer he has ever worked for or been associated with and that the Town needs to clear his name. Harvey Bach, 65 Beach Street, stated that he supports Chief Thomas. He spoke about the past and how the police department operated under the “good old boy” system and how Chief Thomas brought the department to where it is today. He also spoke about the professionalism the police officers and department has with it residents. He stated that the real losers are the residents of Ponce Inlet and questioned if this was best for the Town. He asked Council to vote to keep Chief Thomas. Robert Page, 46 South Turn Circle, stated that he supported Chief Thomas and voiced his opposition on the no-cause termination. Mr. Page spoke about his
background and years of experience in law enforcement and stated that Chief Thomas has an open door policy for citizens and employees in his department. Corey Borman, not a resident, spoke in favor of retaining the Chief. Bill Hibbert, 4750 Riverglen Blvd, spoke for Chief Thomas and stated that Chief Thomas is the best Chief that this Town has ever had and it would be a serious mistake to let him go. Robin Hurd, 4729 Sailfish Drive, stated that Ms. Clauss is doing her job and everyone knows that she is not political, not into cliques, and she operates strictly by the book. She encouraged Council not to deny her request. Sandra Christopherson, 14 Kelly Bea Court, spoke about Chief Thomas’ evaluation review and stated he deserved it. Her concern was the termination without cause and she believed his good name was tarnished by the press. She spoke about how Chief Thomas has kept Ponce Inlet crime-free and that citizens feel safe with him as
police chief. Ms. Christopherson wanted an answer and stated that not all residents are going to resort back to the “good old boy” era. Alan Burnworth, 4686 South Atlantic Avenue, agreed with everyone that spoke for Chief Thomas and supported him. He also stated that he believed that the Town needs a good Town manager and questioned their choice with the current. Julie Davis, 87 Jennifer Circle, stated the Town was lucky to have Ms. Clauss as the Town manager because she is like a breath of fresh air. She spoke about Ms. Clauss professionalism and honesty that she brought to the Town along, which goes well with the council. Jack Sturno, 4681 Riverwalk Village Court, stated that he did not know what happened between the time when Ms. Clauss was interim town manager when Chief Thomas was evaluated and now, but felt Chief Thomas was excellent at his job and could even be the Town manager. He spoke about the accomplishments and
hurdles he went through in the police department budget this year. He also expressed his concern with the termination of the prior Town manager and felt that back door politics were used. He questioned whether Council was complying with the Sunshine law and told Council they may want to resign. Joe Ellen Basille, 4740 South Atlantic, stated how disappointed she was on the personal attacks of certain individuals tonight and though she has nothing against Chief Thomas they should recognize that this is like a divorce. The Town manager has to accomplish her task and has to have staff that will work for her. This is a routine event that happens when a new manager is appointed and it happens quite often in communities everywhere. She thanked Chief Thomas for everything he has done for this Town and its residents. Ms. Basille expressed her gratitude to Ms. Clauss for the job she is doing for the Town. Ginger Bayer, 55 Jennifer Circle, wanted
to express to the Council that they selected Ms. Clauss to be the Town manager and that she is doing a good job and Council needs to support her and her actions. Mike DeFranco, 4667 South Atlantic Avenue, stated that he feels very safe with the police department and was shocked about this action. He felt that he needed to let the Council know how safe residents feel with Chief Thomas running the police department. Jim Hinson, 4745 South Atlantic Avenue, asked Ms. Clauss to reconsider this. Chip Henderson, 4865 South Atlantic Avenue, gave his background credentials in the management profession and encouraged Ms. Clauss not to make a hasty decision but to consider a trial period for the Chief. Sheri Utter, 4715 Montrose Avenue, spoke about what Chief Thomas did for her family in a time of need with the passing of her father and about the low turnover in the police department. Edwina Knox, 4715 Montrose Avenue, stated her support for Chief Thomas and
how he attends every Town event. She asked Council and Ms. Clauss to reconsider terminating the police chief. Mayor Goudie closed public comments and asked Chief Thomas if he would like to comment.
Chief Thomas stated that he felt it was important to let everyone know what the facts are and erase some of stigma that is associated with the newspaper article which has raised issues over the dismissal. He stated that he has tried to make-up for his past mistakes and has apologized for them over the years. He also stated that he has cherished his time as police chief and working in the police department. He has tried to give the Town the best police department possible during his tenure. Chief Thomas explained that he had an agreement with the Town manager but with the newspaper article he felt obligated to the residents, officers, other department officers and prior council members to let them know exactly what happened. He was not leaving here with any negative stigma and the suspension was
not for any cited cause. Chief Thomas felt that he needed to let everyone know that there is no criminal, no moral, no investigation or no civil issues that caused Ms. Clauss to make this decision. If the press would have covered it that way then he would not be here tonight. He felt it was more important to let residents know that the police department is up and running and there is no scandal, nothing going on behind the scenes and that this was just business. He also stated that he recognizes that Ms. Clauss is the Town manager. Chief Thomas explained that he has worked twenty-one (21) years to become a chief and was fortunate enough to get this job. He has spent the last eleven years working to keep this job and thought it would be the last job he would ever have. He thanked Attorney Politis for coming tonight and for the presentation. He spoke about his accomplishments and that these were joint efforts by the employees in
the police department that made them happen. Chief Thomas stated that he was the reason everyone was here and did not want anyone to have any questions about the circumstances. He wanted to make sure that everyone knows that he and Ms. Clauss will still be friends and that he understands her decision about putting together a staff that will support her. He stated that Ms. Clauss has been with the Town for five (5) years and has worked hard to get where she is and asked for the residents to afford her opportunity to manage the Town. He thanked residents, business owners, prior Town managers, prior council members, all employees and department heads within the Town and civic organizations he worked with. He gave special thanks professionally and personally to Acting Chief Lurcock and stated he would make the Town a great police chief. He thanked his family for their support. He apologized to everyone for having them come out tonight and asked
that they consider this his professional parting.
Mayor Goudie asked for council consideration of the Town manager’s recommendation to consider termination Police Chief Steven Thomas. Councilmember Rutledge moved to approve the Town manager’s recommendation to terminate the employment of Police Chief Steven R. Thomas, seconded by Mayor Goudie. Mayor Goudie opened discussion for Council. Councilmember Davis questioned Attorney Mandel on the negotiated resolution which had been rejected and now at this hearing the council is to approve or disapprove the request. Attorney Mandel stated that both attorneys had come to an agreement on terms Monday. Then a newspaper article ran on Tuesday and Chief Thomas read the article and decided not to accept the deal and instead choose to have a meeting. Attorney Mandel also stated
that no one from the Town asked the newspaper to run the article or provide any information on the situation and that there have been no negotiations since that time. Vice-Mayor Derr stated that the motion needed clarification on the entitlement. Mayor Goudie asked Ms. Clauss to clarify the severance entitlement which includes four months of severance and all personal accrual. Ms. Clauss stated that the entitlement is 120 days severance plus payment of all accrued personal leave. Roll Call Vote 5-0 Passed: Councilmember Rutledge – yes; Mayor Goudie – yes; Councilmember Derr – yes; Councilmember Davis – yes; Councilmember Lewis – yes. Mayor Goudie asked for any more comments – hearing none – closed comments.
6. ADJOURNMENT. Mayor Goudie adjourned this meeting at approximately 7:30 p.m.
Respectfully submitted,
Jeaneen P. Clauss, CMC
Town Manager/Town Clerk
Prepared by: Kim Cherbano, Deputy Clerk
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