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03-21-89SpMtg MARCH 21, 1989 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Doak S. Campbell in the Commission Chambers at City Hall at 7:00 P.M., Tuesday, March 21, 1989. Roll call showed: Present - Commissioner Patricia Brainerd (Arrived 7:06 P.M.) Commissioner Marie Horenburger Commissioner Mary McCarty Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - City Manager Walter O. Barry and City Attorney Herbert W.A. Thiele. Mayor Campbell called the meeting to order and announced that this meeting has been called for the purpose of (1) Canvassing the returns and declaring the results of the March 14, 1989 First Nonparti- san Election; (2) Peach Umbrella Plaza Association Request and (3) Consideration of arbitration opinion. 1. The City Attorney advised two motions are needed because some additional ballots were not included in the total count, although they were present. It affected the number of absentee votes, and thus the total count, but it did not affect the results of the election. The results of the absentee ballots are as follows: Seat Commission Member Total (1) Helen Coopersmith 58 (1) Mary McCarty 63 (3) William "Bill" Andrews 71 (3) Patricia "Pat" Healy 48 Ms. McCarty moved to modify the results of the absentee voting as follows: For Commission Member - Seat No. 1 Helen Coopersmith 58 Mary McCarty 63 For Commission Member - Seat No. 3 William "Bill" Andrews 71 Patricia "Pat" Healy 48 Seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Seat Commission Member Total (1) Helen Coopersmith 1825 + 58 Absentee 1883 (1) Mary McCarty 3369 + 63 Absentee 3432 Seat Commission Member Total (3) William "Bill" Andrews 3123 + 71 Absentee 3194 (3) Patricia "Pat" Healy 2001 + 48 Absentee 2049 Ms. Horenburger moved to modify the total votes for Commission Member - Seat Nos. 1 and 3 including all the regular and absentee votes as indicated above and declare that Mary McCarty is elected as Commis- sion Member - Seat No. 1, and William Andrews is elected as Commission Member - Seat No. 3, for a two-year term commencing March 30, 1989, and ending in accordance with the City Charter, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 2. Mayor Campbell stated it is his understanding that the Peach Umbrella Plaza Association has withdrawn their request as they were unable to get the cooperation needed from the Health Department. 3. The City Attorney stated this is on the agenda, basically, so the City Manager can explain where he stands on the issue at the moment. If the City is going to recommend further judicial proceedings, it is felt to be an appropriate subject for the City Commission to be apprised of, and if not vote on directly, at least to ratify. The City Manager stated Officer Meister is presently on leave with pay, pending his scheduled physical examination tomorrow. Depend- ing upon the outcome of that physical examination, he will either return to duty or he will be placed on "leave without pay" status pending his healing. James Linn, the City's Labor Attorney, continues to explore options available to the City for an appeal of the arbitrator's ruling, the grounds for which have yet to be established. He had hoped to have a recommendation from Attorney Linn to pursue an appeal of the ruling; however, he feels the Commission should indicate whether they are interested in pursuing that appeal route. If so, staff will direct Attorney Linn to continue to explore the appeal process. Mayor Campbell commented that if the attorney is fairly definite that there is no appeal process that would be appropriate, he feels the Commission should go ahead and resolve that matter, allowing the City Manager to follow through with negotiations. The City Manager stated another option would be to speak with Officer Meister and learn if he is interested in returning to work. It is not the intent, at this point, to begin any negotiations until his status and capabilities are established. Upon question by Ms. Horenburger, the City Manager advised that subsequent to the action of last summer, Officer Meister was involved in an automobile accident and received major damage to his leg. He feels it is unlikely that he can successfully perform on a treadmill, which is a mandatory part of the exam for fitness for duty. Mayor Campbell stated Attorney Linn has indicated to him that he would not recommend an appeal, so he feels the Commission should vote on the issue and then direct the City Manager to continue negotiations for the next recommendation to come to the City Commission. The City Manager stated that Attorney Linn did not indicate to him that he would not recommend an appeal. The City Attorney stated he feels the correct analysis is that the attorney cannot assure the Commission or the City of any likelihood of success in any appeal. Ms. Horenburger moved to recommend that the appeal process not be pursued, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Ms. McCarty questioned if the issuance of the DUI, after this finding, has any serious bearing on Officer Meister's return to duty. The City Attorney advised that the incident she is describing will bear no relationship to this arbitration or this appeal, but rather to his continued fitness to perform his duties. That decision will be made by -2- 3/21/89 the Police Standards and Training Commission. The City Manager ex- plained that the arbitrator, Stuart Goldstein, of Miami, ruled that the City must take him back as a police officer, in spite of all the find- ings. He stated, at this point, it is going to be treated administra- tively. At this point the roll was called to the motion. The City Attorney advised the instituting of the judicial procedure is the only thing the City Commission needs to be concerned with, as the remainder will be an employment matter handled by manage- ment. The City Manager commented that Attorney Linn has not actually advised against the appeal but stated that he feels an appeal would hold less than a 50/50 chance for success. Ms. McCarty questioned the policy of police officers leaving the City limits to drive City officials to the airport. The City Manager stated it is his understanding that this was a past practice but, to his knowledge, this has not occurred during the last one and one-half years. Mayor Campbell declared the meeting adjourned at 7:14 P.M. City ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of March 21, 1989, which minutes were formally approved and adopted by the City Commission NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. -3- 3/21/89