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Res 02-15 RESOLUTION NO. 02-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO APPROVE THE TERMINATION OF EINIPLOYMENT OF DENNIS L. COATES EFFECTIVE AS OF j NOVEMBER 21, 2014 PURSUANT TO SECTION FIVE OF THE INTERLOCAL AGREEMENT CREATING THE SOUTH CENTRAL, REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD. i I WHEREAS, at its special naceting on December 15, 2014, the South Central Regional Wastewater Treatment and Disposal Board terminated the employment of Dennis L. Coates, the Executive Director, effective as of Noveinber 21, 2014 by reason of his admitted corninission of one or more specified offenses as defined in Section 112.3)173,Florida StatLltes; and WHEREAS, Section five of the Interlocal Agreement creating the South. Central Regional Wastewater Tteatinent and Disposal Board requires City Cocntnission approval by a majority vote to discharge the Executive Director. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,FLORIDA,AS FOLLOWS: Section 1. That the Mayor and the City Corntnission hereby approve the termination of employment of Dennis L. Coates effective as of November 21, 2014 pursuant to Section five of the Interlocal Agreement creating the South Central Regional Wastewater Treatment and Disposal Board. Section 2. This resolution shall take effect iunin.ediately upon its adoption. PASSED AND ADOPTED in regular session on the 6" day of january 2015. MAYOR ATTF ST: City Clerk 4/3/2015 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Noel Pfeffer, City Attorney DATE: December 19, 2014 SUBJECT: AGENDA ITEM 8.1. - REGULAR COMMISSION MEETING OF JANUARY 6, 2015 RESOLUTION NO. 02-15; MOTION TO ADOPT APPROVING THE TERMINATION OF EMPLOYMENT OF DENNIS L. COATES, FORMER EXECUTIVE DIRECTOR OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD BACKGROUND This item is a motion to adopt a resolution approving the termination of employment of Denniss L. Coates, former Executive Director of the South Central Regional Wastewater Treatment and Disposal Board. At its special meeting on December 15, 2014, the South Central Regional Wastewater Treatment and Disposal Board ("Board") took the following actions by motion. First, the Board rejected the letter of resignation of Dennis L. Coates dated November 21, 2014. Next, the Board terminated the employment of Dennis L. Coates effective as of November 21 , 2014 by reason of his admitted commission of one or more specified offenses as defined in Section 112.3173, Florida Statutes. Counsel for the Board has requested that the City Commissioners of Delray Beach and Boynton Beach each take affirmative action to independently approve the discharge of the Executive Director (See copy of e-mail attached). DISCUSSION The Interlocal Agreement between the City of Delray Beach and the City of Boynton Beach creating the Board contains the following provision: Section 5: Authority to hire and discharge Executive Director The Board may hire and discharge an Executive Director by the concurring vote of the Board, as set forth in Section 3 above provided, however, no such action to hire or discharge such Executive Director shall be effective unless approved by a majority vote of both City Councils acting independently of the Board. (Emphasis Added) RECOMMENDATION The City Attorney's office recommends the City Commission adopt the resolution approving the termination of employment of Dennis L. Coates as Executive Director of the Board in order http-.//agendas.mydelraybeach.com/Bluesheet.aspx?ItemID=8712&MeetingID=541 1/2 4/3/2015 Coversheet to satisfy the requirements of the Interlocal Agreement regarding the discharge of the Executive Director. http-.//agendas.mydelraybeach.com/Bluesheet.aspx?ItemID=8712&MeetingID=541 2/2 Pfeffer, Noel From: Roger Saberson <ssroger @att.net> Sent: Wednesday, December 17, 2014 12:05 PM To: 'Jim Cherof'; Pfeffer, Noel Subject: Dennis L.Coates Dear Jim and Noel; The South Central Regional Wastewater Treatment and Disposal Board at ours special meeting December p g 15, 2014 took the following actions by motion. --that the Board hereby rejects the letter of resignation of Dennis L. Coates dated November 21 2014. --that the Board hereby terminates the employment of Dennis L. Coates effective as of November 21, 2014 by reason of his admitted commission of one or more specified offenses as defined in section 11 2.3173, Florida Statutes. The above is the language which l had prepared for the Board to make its is motions and 1 believe they were read as written when a Board member made their motion. The lnterlocal Agreement between the two cities creating the Board contains the following provision: Section 5: Authorltv to hire and dischar a Executive Director. The Board may hire and discharge an Executive Director by the concurring ote of the Board a g forth in Section 3 above provided, however, . , s se p er, no such action to hire or discharge such Executive Director shall be effective unless approved by a majority vote of both City councils actin independently of Board. - 9 P y the Therefore, please have each of your city Commissions approve the action of the Board in terminating the employment of Dennis L. Coates effective as of November 21, 2014 by reason of his admitted commission of one or more specified offenses as defined in section 112.3173, Florida Statutes. Please let me know when completed. Thanks. Sincerely yours, Roger G. Saberson Roger G.�Saberson P.A. 70 S.E. 4 Ave. Delray Beach, Fl. 33483-4514 Tel(561)-272-8616 Fax(561)-276-5803 CONFIDENTIALITY NOTICE: The information contained in this E-mail message is attorney privileged and confidential y� g e teal information intended only for the use of the individual(s) named above. If the reader of this message is not the intended ded recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strict! prohibited.y p d. [f you have received this communication in error, please contact the sender by reply E-mail and destroy ll copies of the original message. Thank you. y ca p 1