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09-27-15 RegularSeptember 27, 1915. The regul~~r meeting of the Town Couneil was called to order by the president at 7.40 P. PQ., with the following members present: H. J. Sterling, S. i. O'Neal, '~+• ?V. Blackmer. ?Marshal J. 4V. Ramsey. 1'he minutes of the previous regular maeti::g, the adjourned meeting and the special meeting of the 20th were read and approved. i Councilmen 7.. H. Bradshaw and J. R. Cason, Jr. present. Mayor A. F. Miller presented his charges showing cause why A. Macideilly should be removed from the office of Town Clerks as follows: "`Po the Town Council o£ tge Town of Delray, r'lorida: On Sept. 21, 1915, I suspended A. MacNeilly from the office of Town Clerk, Treasurer and Tax Asses- sor and I hereby submit Pdy suspension order and my reasons therefor fully setforth. G A. F. Miller, Mayor. ^1Cti'JT1 GF DELRAY P"LM BEACH CGUNTY S11^AiE OF FLGRIDA MAYORS CFFICE. In re Charges and Order of Suspension against A. MacTdeilly, as ToVm Clerk, Treasurer and Tax Assessor of said Town of Delray. CHARGES CF MISCONDUCT IN OFFICE AND PiEGZECT OF DUTY. To A. IvacNeilly, Delray, Florida. From about October 6th, 191, to about June '' 2C, 1915, you were a municipal officer of said Tcr-rn of Delray, holding both de Pure and de facto the offices of Town Clerk, treasurer and tax assessor, which said offices are by the Charter and Ordinances of said town held by the same person. Your first term of office began about pct. 6, 1913, and held to about Cet. 7, 1914, and your second term began at the last mentioned date and does not expire until Uct. 7, 1915, but you were on~or about the 2Uth day of June, 1915, suspended from office by me and have not since that time held said office until Sept. 20, 1915, at which date the Tcvrn Council, by resoluti:~n, declared you reinstated in the offices aforesaid. And I, A. F. -Qiller, as mayor of the said town of Delray, say that it vras your duty, as Tax Assessor, to make an assessment of the property subject to taxation in said town on the 1st day of January, 1915, and forth- with begin the preparation of the assessment rolls of said town on said date and to have the same completed on or before the second Idorday in July, 191b, but although the said rolls are of great length and a loTTg time is required for their preparation, up to June 2C, 1915, you. had not begun the preparation of said rolls, so that it was impossible for your successor to com- plate said rolls for a long time after tr_e date re- wired by law for t}~eir completion, but you had en- tirely neglected to begin said rolls, although it eras ycur duty so to da. And I further ci~.arge that it was your duty as such assessor to prepare in a proper manner the assessment rolls of said town for the year 1914, ai:d thathyou did not prepare and keep said rolls in a proper and legal manner as required by law but that the said rolls vrere so erased and interwritten that it was impossible to make any stet ement as to their accuracy or to know the amount of taxes due on every piece of property. shat much personal property was omitted from said rolls, or inserted at a value grossly in- adequate, whereby the town lost, or is liable to lose a large sum of money justly due as taxes. And I further charge that it was your duty as clerk and treasurer aforesaid during the time aforesaid to keep literal copies of all communications ordered by the Town Council to be sent by you; to keep duplicate copies of all licenses issued; to make monthly reports to the council showing all receipts and disbursements of the preceeding month, with the items in detail and <~ the amount of funds cn hand and on deposit and where deposited; to report to the town council at the first meeting in January and July of each year the amount of funds collected by the town for the preceeding aia months, showing the source from which collected, the total disbursements of the tovrn during the same period and the general subjects or purposes for which the same were made; but each and every one of these things you totally failed and neglected to do during all the '; period of time you held said offices both during your first and second term, though it was a part of the duties of your office so to do. And I further charge that from April 1, 1915, to about June 2G, 1915, that you handled a large sum of !~ money belonging to said tov~•n, the exact amount being to me unknown, and that you failed to make any entry in j your cash book of any of the sums received as treasurer for the town or to keep any other record or memorandum of the receipts or expenditures of the sums of money received and disbursed by you as town treasurer, el- though it was your duty as such treasurer, so to do. And I furthex charge that on or about the 15th i day of September, 1914, you wrongfully and intentionally caused to be erased from the town cash book, from page 50 thereof, a certain item showing cash received ~Gy you for the town to the amount oP ~°115~ being a record of cash received from the Florida Last Coast ?~e~tlway, the purpose and intent of said erasure being to reduce the amount of town funds received by you, as appearing on your cash book, by said amount of ~p115 and thereby enable you to oonvert said sum to your own use or to conceal the fact that yott h~~d already converted said sum to your own use. And I further charge that on the lst day of October, 1914, you the said A. MacNeilly, as municipal officer aforesaid, did intentionally, wrongfully and illegally withhold and secrete, with the intent to con- vent to your own use, certain lawful money of the United States, the property of said town of Delray, and of the value of 396.83, a. more particular description of said money being unknown to me, which said money came into ,your hands in the discharge of your duties as municipal officer aforesaid. And on the 31st day of march, 1915, you, as municipal officer aforesaid, did then and there, intentionally, wrongfully and illegally withhold and secrete, with the intent to convert to your owh use, certain lawful money of the United States, the pro- ' perty of said `Down of Delray, and of the value of X149.19, a more particular description of said money ', being unknown to me, which said money came into your hands in the discharge of your duties as municipal officer, to wit, as treasurer of the Town of Delray. Wherefore I, as mayor of said Town of Delray, say that the charges herein setforth constitute miscon- duct in office and neglect of duty, and that hereafter you need not concern yourself with the duties apper- taining to said offices, but by authority seated in me by Sec. 9, of the Town Charter of Delray, 2 hereby sus- pend you from the offices of Town Clerk, Town Treasurer and Tam A:sesaor, said suspension to take effect at once. Dated this 21st day of September, A. D. 1915. A. F. Miller, Mayor." After the Charge was read by the clerk, the following resolution was presented: Be it resolved by the town council of the Town of Delray, Florida: That; the ~syor having suspended A. ~acDeilly from the office of town clerk, treasurer and tax asses- sor, as by his order of suspension and charges, hereby placed on the minutes of this council will fully ap- pear; this council approves of said suspension. Be it further resolved that this council, by a majority vote, hereby adopts the charges as setforth by the mayor and prefer said charges against the said A. MacNeilly in the same words as setforth by said mayor. Be it further resolved that this council meet to hear and try the said A. MaeNeilly on said charges on the 4th day of Oct. A. D. 1915, at 7 o'clock, P. M. at the Law Office of R. S. Yeomans, in said Delray. And that a copy of said charges and a copy of this resolution be served upon said A. ~acWeilly personally, if he be within the town, or if not then by leaving the same at his last usual residence or abode at least five days before said trial. Motion by J. R. Cason, Jr. Seconded by L. H. Bradshaw, that the resolution be adopted. Roll-Call, J. R. Cason, Jr., Yea; H. J. Sterling, present but not voting; L. H. Bradshaw, Yea: S. E. O'LQesl, Present but not voting; ~. ~. Blackmer, Yes. Carried. Correspondence with Eureka Fire Hose Mfg. Co. and letter to Delray doe Co. were and approved. Communication from dr. hair in regard to location of second well. The matter was left to Engineer Bradley and Mr. $air. Communication from the Delray Improvement Assn. presented by J. G. Fenno, F. J. Schrader and 0. J. Johnson, in regard to certain lands, that some claim the title belongs to the town of Delray. Also letter Prom Attorney G. A. Worley to the Delray Improvement Aesn. presenting his opinion on title of said tract of land. Motion by L. H. Bradshaw, seconded by J. R. Cason, Jr., That the matter be layed on the table for the neat regular meeting in October. Carried. Motion by L. H. Bradshaw, Seconded by J. R Cason, Jr., That J. M. Hartley, M. D. be appointed health officer. Carried. Motion by J. R. Cason, Jr. Seconded by L. H. Bradshaw, That on account of unavoidable delay, ~l'he equalization board be deferred to such time as we can have access to the County books. Carried. W. E. L. Sperry addressed the board in regard to the receipt for taxes paid and no receipt taken. Motion by J. R. Cason, Jr., That the tax sales certificates be turned over to Mr. Sperry and. Mr. Shabinger, as all evidence shows that they paid their taxes. No second. J. M. Cromer addressed the board. on the same subject supporting Mr. Sperry. Motion by J. R. Cason, Jr., Seconded by L. H. Bradshaw, That the council adjourn to Meet rnonday evening,;. Oct. 4th, at 4 o'clock, P. M. Carried. Prea. Town Council. ~~~~~~ Cldrk.