07-12-62SpMtg 167
JULY 12, 1962.
A special meeting was held-in the CoUncil Cham~ers at 2:00 P.M.
with Mayor Walter Dietz in the Chair, City Manager I~omis J. smitzes,
City Attorney John Ross Adams and Councilmen A1 C. Avery, George V,
Warren and Oliver W. Woodard, Jr., being present.
An opening prayer was delivered by City Clerk Worthing.
Mayor Dietz called the meeting to order stating that same had
been called by Vice-Mayor Oliver W. Woodard, Jr., and Oeu~ilmen Al.
C. Avery and George V. Warren, in accordance with SectiOn 20 of the
City Charter and that same had been called for the purpose of consider-
ing the resignation or ~lsmissal of the City Manager and any other
business that may come before the Council.
Mayor Dietz spoke as follows: "I have a request to make of the
City Clerk. I request that the minutes of this particular meeting be
transcribed verbatem with no correction. That the tape be set aside
and kept until further notice by Council action.
Yesterday I went to see a lawyer who assisted in drawing up the
Charter and he told me that the intent of our City Charter was that
e majority should rule and so it will be. There is, however, a
typographical error in Section ~d4, of the term of office of the City
Manager. The Word ~movedt should be ,~emoved,. It is typographical
and I intend tO get an interpretation from the State A~terney. That,
however, need not concern us right at the moment he~.
Legally it is O.K. for. a majority of the Councilmen t6 dismiss
a City Manager. What is more, according to our Charter, no reason
need be given. However, I do want to say ~hat I have been'unable to
raise Mr. Talbot. i';~. Talbot. is Chairman of the Beach Committee.
He is the one that ordered the trip to Tan~a. He can speak on that
when he returns. In all fairness to the Councilmen here, Mr. Warren,
M~. Avery and I.~, Woodard, I must say that they were not for employing
Mr. ~mitzea when they came. into office. It was a lot of persuasion on
my part to have them go along for which I thank them now and I was
verg grateful then. I haventt mentioned that these three men were
against Smitzes then because I didn't think it would make a proper
relationship for' them to work with. By the same token, however, I
want this Council and the public to know that any City Manager that
this Council appoints will receive my unqualified support and active~
support to exactly the same extent I supported Mr. Smitzes. I didn't
know Mr. Smitzes before. I have-an admiration for him now. I'm sure
that a new man would also merit my confidence. I do believe though
that I would like to Just say that since Mr. Smitzes will have to be
paid ~ill the end of t~e year, it will be very smart to have him finish
the budget Job which he is Just in the middle of. Since you are going
to pay him for. it anyhow it might Just as well be done, so
that consideration the wisdom of the Council will be such that we are
not left in an intentable position. I do believe that the Councilmen
have a moral obligation to the City of Delray Beach and to Mr. Smitzes
to let him know why he is being dismissed. That is the last I will
say on this subject, The floor is for whoever wishes."
· "Mr. l~iayor, I move that the City Manager Louis
Mr. Avery.
Smitzes be dis~ged effective immediately and that he be paid his
~,egular salary through July 31, 1962 and that he ~lso be paid for any
accrued vacatio~.~..pay through this date.'"
~{r. Woodard: "I'll second the motion and I will elaborate on my
reasons for requesting this action today on my own. During the p. ast
six months, since we have been in office ,
.- and since the City Manager has come to us after being relieved
from his duties at Boynton, I have supported him in every possible way.
I even sponsored him to our local Rotary' Club. Due to his inability to
handle the'job we have been faced with many prc~leme. With the possible
mass resignations of our Department Heads, one of which did resign. We
were also confronted early in the game by a mishandled beach lifeguard
situation ~e~ulting in the mass resignation of all the lifeguards. He
has proven unable to deal with the people, to delegate responsibility.
He has misrepresented and now is acting on legal matters concerning
the Oity without full Council knowledge. The inability to deal with
July 12, 1%2
people has been evidenced by the poor employee morale and problems
as I have Just previously indicated. He misrepresented when we were
told by him that the Chief of Police had requested two emergency
ordinances. Ordinances 444 and 44~, when in fact only one had been
requested. Work p.lled up because it was not delegated. A Department
Head, wishing to speak with him for five minutes, had to wait for
almost a week for an appointment. When I returned after being away
for two weeks I was immediately confronted with three problems. One,
a new business locating in :town here who had been extended temporary
water service by s two inch water line laying on the ground still, as
of about two weeks ago, had not received permanent connection. That
was taken aare of the day I got back~ Correspondence that should
have been taken care of two weeks ago, at the time I returned had not
been taken care of until I got back. This could possibly result in
losing sixty five acres to Delray' Beachby means of annexation. I
was apprised with complaints from irate citizenS about inadequate
operations at the Recreation Center. As a member of the Recreation
Advisory Board and Council it became necessary, keeping in mind that
we had.previously~had problems with the beach lifeguards, that we had
lost Steve Forsyth,.-that.~we had lost Eads and now we are havi~g pro-
blems at the recreation building~ I felt it.was necessary ~o s~eak
to the Cl~y I~enager and theRecreation~Department Head ~dud ~elt them
that emphatically it was time £or pesi~ive actions to ge~ o~z~ program
i~operation~~ I e~vised utilization of qual~lfied'.and readily avail-
a~ personnel who~ad com~teted'=Civil Service examinations and be-
fore the summer ha~ come and gone we needed to get ou~ program under-
AdmiFaY' ~~whenalS~ the post office parking area was confused by the
· 'ni 'they sent~plans to M~-~ Haggart contrary to the
City,s original agreements an~.specifications. -The City Manager
commended accepting a bid which was not"a lowbtd, when the low bid
was the determining factor. Ther~ has been as many as three secre-
taries available to th~ ~ity Manager where always before one was
sufficient. When the lmst Council initiated a reappraisal of property
values in the City', the ~ty NanaEer failed to find out if the firm
was licensed in the State. Rece'ntty we received a 07,000.00 water
bill for watering on the t~e~ch. Yesterday upon physicallY examining
the water system, the wate~ was not dripping but running freely from
the~faucets which I was. tol~ by a~resident living on the beach had
been taking place for quite a~Whlle. Monday we discovered the City
Manager had been in Tampa en City busines's. ~e waited until after
the preliminaryGouncil meetiagMonday for him to .mention to us that
he had been there and why. He 8idn,t until confronted wit~ this by
us. He chose to keep his action =see~e~=. These are s few things,
reasons why I have lost cc~f~ldence that the City Manager,~S work will
be done adequately or in fact be carried out in any manner that will
reflect favorably on the City oD De,ray Beach. I no longer can be
sure that we will even be apprised of-him actions~. Let me assure you
that .my feelings are not a result of a whim. They have been studied
for.~ix months. His Job is secure as is any other job base~ on his
adequate performance. When h~ fails, this Council must be in a
pos=ition, if the majority agrees, to replace him. With these, thoughts
in mind~.I must second. Mr. Avery,s motion. I feel that no longer is
the City in a position to retain his~.services."
Mr. Warren: "Question."~
Mayor Die,z: "is the~e any discussion;"
Mr. Avery: "Mr. Mayor, I would 'like to state) because having
made the motion, that ~{r. Woodard's statements are accurate, complete-
ly. I would !ike to ex~tain that this is not the summary action.
That when the City Manager was .hired, the majority Of the Council sat
down and expressed our concern with certain areas and set the policies
for him to abide.by and as he did not abide by the Policies as set by
the majority of the .Council aa--.such, he has become ineffective as a
City Manager."
Mayor.D~etz: "Any further discussion."
City.Clerk Worthing: "}'~. Mayor, I"wou~d like to read. a wire
Just received a short while ago addressed to the Council, fro~ Hugh
Vogl:
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:[69
July 12, 1962
'As a taxpayer property owner and ye~ round resident I
am vitalty interested in good city ,management. Mr. Smitzes
proved t~ be an'e~cellent, executive and I .Strongly protest.
against council members playing politics with his vital Job.
Suggest Mr. Smitzes not'only be retained .but given protecti'on
against threats of unjust diamiaaal.~ '"
1..
Mr. John Thaye~: "~tr. Mayor and Gentlemen of the City Council.
I do want to remind the Council of one unfortur~ate fact, and that~is
in this State of Florida unfortunately we have a very bad record on
the hiring and firing of City .~uagers'. Few last very long. The
reason rot that,, I don, t really lmow. Perhaps it is because through
habit and custom in the past, Councilmen have pretty much run- the"
show. But when you have a City Manager, it seems to 'me, and Ithtnk
you w~ill all agree with this, it is that Manager,s Job to take dY,er
the details'of ~unning the City.' It doesn,t- seem to me that eleV'en
months is a very long time for a .man to learn a Job and execute it
properly~ I don,t think the Council is really doing a fair Job to
the man or to any man it may..em~loy by such short term of office
without his properly being able to learn the Job and execute it
properly. NOw, I'm p~obably one of the most recent members of the
Counci! and I know Mr..~mitZes. I happened to be away when he' was
hired, I' was on vacation at the time and I was notified that the
former City. Manager had resigned and I answered 'him and expres'Sed my
regret for his resignation 'and when I got back I found ~hat Mr. Smitze~
had been hi-red. I did not know all the reasons, I never have learned a~'
the reasons why the other man was dierelased, but it seems to me that
this sudden hiring and firing of City Managers, not only in this town
but pretty much over the sta~e, is something that' we ought to guard
against and I think that the man hasn't really had a sufficient oppor-
tunity to do the Job and I believe he is capable of doing it. Thank
you very much."
Mayor Dietz: "Thar2~ you John. Anyone else wish to say anything."
A lady from the audience asked if Mr. Smitzes could be heard from.
City Manager Smitzes~ "I'm glad to see that I have one friend her,
and two and possibly more. If the council will excuse my back, please.
(Mr. Smitzes turned to face the audiencel I don,t know how I can answe
these questions directly because this is my first official knowledge,
first actual knowledge of exactly what is troubling some of the CoUncil
members. I know it's a ..... most people think a City Manager's Job is
tedious Job. I would imagine in times of these instances Council jobs
are very difficult. Many times there are misunderstandings between
members Cf the Council and a Manager, perhaps maybe because of lack of
communication, or for some other reason. I don,t know. If I did prob-
'ably I Wouldn,t be in this situation right now. However, there are
man2 things that probably are true to some degree as I heard them re-
lated ~ust now. But you must bear in mind that it takes a while to
reshape a city ~n accordance with a new Managers management techniques.
It's by no stretch of the imagination a simple Job. Xf it were you
wouldn, t be paying people ~10, 000. 00 and ,12,000.00 for comparable
cities, You could get clerks and computers and they would do the Job
Jus~. as well for you. That,s not true with a City Manager form of
government. It is not true in a city of this size. There are a lot
of problems that develop. There are a complexity of problems. It
requires under,tending on everyone's part. This beach thing that seems
to be a very ~ular s~bJect,.nOW, I don't have any solution for it and
I ~on,t beli~~ these gentt~ do. .I don't believe anybody does.
If.'~'~hey did ~y would hav~.'~ad a solution to it and applied it and
eve'~thing w~d have been~py here, but that's not true. That's not
th~ ~ltuatlo~;~ That,e not ~e simple'way of doing it. It's very com-
pi~ It requires a lot ~£ s~tudy, In making the Tampa trip I don,t
believe we endeavored to k~ep it a secret. If we did I hope somebody
would not sell my intelligence short that I couldn,t do it if I wanted
to. It wasn't the intention of being secret. It was always a casual
everyday business occurrence, an instruction by a committee appointed
duly by the Council to ~sme the ownership of the beach, which many of
YOU: people know far be$.~ than I, has' been a hair in the side of our
head .for many years an~ ~, one has really got to the core of it. We've
had m several hundre~ ~o~Yar abstract prepared, when I say we I am
speaking for the City~- several years ago. You have had many most
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July 12, 1962
capable local~attorneys and outside attorneys go through it, but every-
time they ~ot up .to .the point Just before we weht toTampa a solution
seemed to .develop itself.there and there~was~not need to pursue it any
further. However,-when wereached that~pointthis time, there was no
sulut!on, As is quite obvious there is no solutionnow. That situa-
tion generated the need to go to Tampa, not Just-to go to Tampa because
I believe i can be the first to vouch that I prefer not to go to Tampa
because there are other places I would rather go;. but we went to Tampa.
Why? Because there happens to be a man over there.named Ralph Marcican
Now Ralph Marcicano, Ikno~ a lot of you~folks knoW him. He's beyond
question the authority, the recognized authority on.municipal law in
the Stateof Florida. I don't believe anybody would challenge that.
Any former Mayors or Councilmen, I believe, would bear me out on .that.
He has a.wealth.Of knowledge. He hasbeen an.assistant attorney for
the City of T~pa for twenty five years~ He was the attorney Tot Tampa
for three years. I don't know how many,years he,.s/ been with Municipal.
ity of Florida, League of Municipalities, but when you mention League
of Municipalities Just as you know a per-son named Gordon. Butler you
think of this fellow Marcicano. Marcicamo, what he gav'e~ us legally I
won't.attempt to relate to you beacuse t am not a lawyer nor do I hold
myself out-to be one. If I have left.that impression with any.one I am
deeply sorry. .With all sincerity I say that' phrase. The legal result
of it I defer myself to the attorney at the appropriate time when he
sees fit to relate it. But we did complete Our mission which was
assigned to us, not pernicious by the City Manager but'direc'tly by a
chairman of a Beach' Committee,.and that'Beach Committee you knew what
it is composed of, Mayor Dietz,Councilman George Talbot as Chairman,
the City Clerk, the City Attorney and the City Manager.. The trip was
made by the City Manager and. the'City Attorney. It was made on July
the 3rd. We left in the morning and came back at night. Zt was not
a local resident that saw us, fortunately for us, unfortunately for
this situation, but fortunately for us. It was a representative of
the firm of Russell and Axon, Mr. Frank 0steen and his associate.
Fortunately for us our plane was late and we-sat down and had a chat
with him about city business, and it happened that~ in discussing it,
we discussed the sewer program and it turns out that ~he city is due
a sizeable credit on this amount of ~xoney we have spent on sewer plans
alread~/.Junked; so to speak. If I wanted .to sit 1here ~ could go down
the line of all the legal, proper, commonsense reasons why we went and
what we got out of it, and whether we got~O75.~O0 worth of expense to
the city in getting certain solutions given to us o~ attempt§ tO
solutions. That seems to be the core of ~he whole~,situation here.
I'm almost certain that if I had it to doJ over 'again I don't even
have to tell you what I would do. ~ wouldn't go to Tampa. But I
don't think that's reall~ the proper attitude. I think, in this
position that I have as City Manager,~I have an obligation to the
Council and to the taxpayers. An obliga~ion I cannot shirk, ir-
respective of the fact ~that while I'm on a tight,wi~e people' push
on this side and some people,push on.~that side. It is not licensed
to me to lean too far either way. ~I don~t have that privilege. I
have an obligation of going straight~ I have,endeavored with most
sincere efforts to bend over backwards not to he'accused from one of
any five that I am partial or impartial, .ne to the other~ You can
believe that or you can take it for what it's worth. I say it in all
sincerity. The last seven months, I wo~ld say, were not the most
comfortable, nor were they ~the most uncomfortable. There were times
when we. had-strained ~elations, nothing to really speak of. This
business here doean,~ condone pleasant atmospheres at all'times.
Many times whenwe had Strained atmospheres, ag$1n it goss back to a
lack of communication. I would disc~over some things'indirectlY and'.I
am certain tha~ the Oouncil woUld~diScover~them indirectly, consequent-
ly we',d have two tangents going off in'"different directions and never
to cross each other unless somebody hit uswith a satellite or some-
thing to draw us back.'~ Well,. as I~said~ ~hose~are' things that you
Just have to put up with in a City Manager's Job. THey don,t come easy,
the problems,.and the solutiOn~S don.~t come..~easy. The atmosphere
Surrounding solutions to prob.lems don,~ coz~e easy. When you bring in
omo manager, in an old, and t wo~d Consi~er'Delray Beach~ not an old
But a well seasoned Council~Manager form o~ government, when you bring
in one ma~ger over another, it Stands 'to reason that both managers are
not going to have the~same management techniques, When you bring in one
method o£ operating a city~over to a city that has been used to another
method you are~not going to have~harmonyif you intend to improve and
-$- 7-12-62
17i.
July 12, 1962
polish your system. You can't have it that way. That's ideal. We
would like it that way but it doesn't happen that way. You have
friction. Whether your friction is important or not depends on how
well the employets accept you, how well you can~apply yourself to
these employees, Many things happen around a city, not only Delray,
all cities have affected personnel. Salaries always bother people.
Everybody thinks they are under.paid. I think. I'm under paid. I
know you think you're under-paid. Everybody thinks they are under
paid. That is a natural human inclination. We've made a~wage and
salary survey here Just recently which is to be reported next week,
not because we like to spend the city,s money by any means, but we
are striving to settle in the minds of these employees, many of who
have been hers many years, confidence in the fact that the adminis,
~ration is really trying to have an atmosphere that is acceptable and
pleasurable to work with. We don,t like any turmoil any more than
anyone else. We strive for harmony. Harmony is not easy to come by,
by any means. Some of the item~ that were in the Public Works De-
partment, I would be the first to say and I'm sure that the Director
of Public Works would be the first to bear me out, were uncalled for.
Uncalled for. There is no other phrase for it. Uncalled for. But
you must remember that you can do only the Job that you have the tools
to work with. You can't dig a large trench with a spoon. If you
apply new techniques,you,ve got to allow time for the employees to get
accustomed to.them. If you apply new rules, you have toallow time
for the employees to get accustomed to them. You cannot come in and
say, allright,' within twenty four hours you are going to do it this
way, and everyb0~Y that 'doesn,t YOn are going to terminate his service.
That kind of C0stic regimentation is not acceptable in any' way to em-
ployees. If you think we've got moral problems now, Just what would
you have if we same in here and:~perniolously changed..everythlng.'thm-
waywe thought that it ought to be. It takes time'to make the change
over to a different type.of management technique. It takes time, how
much time we have depends on the makeup of the Council, the makeup of
the community, the desire of acceleration that the community wants to
go forward on and how much the. Council wants to help the Manager
accelerate. Bpecifically to deny each item, I don,t know. I would
have to think each one out and check with each Department Head. I
don,t check every minute detail. Perhaps I should,.I try but I'm not
capable of doing all of them. I don,t believe any Manager'is capable.
I try as much as.~osslble toi~'~elegate authority. Why? Because manage-
ment technique ca~l~ for yo~!~9 delegate it. But, bear this in mind
now, you cannot expect, you '0~ot~expect subordinates, Department
Heads, or any one inparticular of ~an employee capacity to be able to
exercise Judgment inperforming the different details and duties a-
round a citY,~ You can't expect him to exercise Judgment, if you don't
permit him time to understand how to exercise and develop it. It
'takes a trial and error basis. The more errors that a department
subordinate makes, the less capable he is of'carrying out the orders
and the instructions. The more capable he is, the less error, 'You
have to have the trial and error. There is no magic in -- you do this,
and turn around in five days it's done. Human beings don,t operate
that way. How well we operate depends on how well we associate with.
ourselves, understand our different shortcomings, and that's what they
are, shortcomings, understand each other,s shortcomings, look for some
good qualities in the employees, don't ignore the bad ones, endeavor
to correct the bad ones, and hope that the thing will dress out with
polish and form so that these taxpayers here that have been shelling
out mosey, shelling out money, you can, t stop them from shelling out
money because death is the only thing that stops taxes---you know that
old phrase, but at least'you can get back something in return that
looks equal to a dollar that you gave out. That is all we are 'trying
to do. ~Bring a little efficiency, a little polish and common sense.
Now if we have been a little slow with it' ISm sorry. We,ve done the
best that we can do with the capacity, the experience, the education
and the tools afforded us. If I fell short, !~m sorry and I apologize
to this Community but I have dome my best, I think these employees
have done their best. I think they have more 'better qualities that
can be brought out if time were pe~tted. Thank You very much."
Mr. Hugh Vogl: "I'm the manwhOSe te!egramMr. Worthing just
read aloud. I may'have no business sticking my neCk out, but being
a property ~owner here I had countless occaSiOnS to do business With
Mr. $mitzes and th?re was not one single case where I would not have
.~i, .5.~ 7-12-62
July 12, 1962
come home and praised him to whoever wa~ted to listen to me. He
cooperated in every respect on three items where I thought it waantt
worth the bother to ~ but listening to the accusations of Mr.
~oodard I would dare to say that half of it is not only urmeasonable,
but, as an o2d executive I would say that it was not worth bringing
it up. I have, in my sixty years of experience as an execu~tive em-
ploying hundreds of people, hired and fired thousands of men including
highly paid executives, and I must say that a city which in four years
~hires three executives or City Managers, needs another Council rather
than another Manager. There is no excuse..for this action. I hardly
!mow Mm. Smltzes. I met him on business. I met .him a couple of times
at the golf club, and that,s all. I have not even told him that I
would get up and speak but I think it is, rmildly speaking, an in-
Justice of the worst 1sort, and I am urging the gentlemen to reconvene
and consider that when a business man hires an executive, two and
three years time is the least we give/him before we find out that we
may have made a mistake and hired the wrong man. This man is under
steady pressure. I know it. Everytime' he wants to do something he
must wonder what will one of the other CounCilmen do to him if he
makes a decision. I think instead of firing him you should give him
a contract so he can sit back and start real working without worrying
whether he will be fired tomorrow by somebody who didntt like his nose.
Thank you."
Mr. J. L. Webb: "In the United Sta~tes'of America it is usually
noted that the majority vote of anything would count, an~'I agree with
that proposition anyway, in any way or form, no matter what it is,
City Council or anything. If the major'ity Of a group decides on one
thing, I'm in favor of that. Thank you. ~' ·
Mr.s. Virginia' C, Meyers: "I have a question that I would like
to ask the Council. I"have taken sofaething of a vacation from politics
and I'm a little out of touch. ~The Beach 0ommittee --- what was the
function of the Beach Committee?"
Hayor Dletz: "~,;hat do you mean by that?"
Mrs. ~.~eyers: "What was it supposed to do?"
Mayor Dietz: "The Beach Committee was a committee appointed by
the Councilmen that you see here now, all five of us were there--~L~.
Talbot, ~nd the purpose of the Beach Committee, if you recall, when I
~ office I delegated to each Councilman an Area of Interest. I
~ the Beach to ~r~ Talbot because I was unknown at that time and I
felt the people knew Mr. Talbot and consequently I would have one
hundred percent support---those that voted for .me and those that knew
~. Talbot, and I felt that they would know that Mr. Talbot would pro-
tect their interest because if he didn't protect their business he
wouldn, t have protected his own. Mr. Talbot became chairman of the
Beach Cormmittee, 'and on that Beach Commzittee there was appointed Mm.
Sraitzes, Mr. Adams, Mr. Worthing and myself~ The Chairman, Talbot, now
in the committee has had a number of meetings. He had some meetings
with the Attorney and things seemed to be laglng and he called a meet-
ing, I forgot the date of it, would you know John, it was sometime
prior to July ...... "
~rs. Meyers: "Why was it? Was it to form a plan?"
Mayor Dletz: "It was for the purpose of formulating a plan for
the beach, an.d the oommitSee in that process, and the chairman, sent
these two delegates so 'that the final legal matters could be given
consideration and the Attorney and City Hanager, in the normal course
of business would have reported back to Chair~zn .Talbot when the com-
mittee had organized it,s substance. I.t then would in the regular
manner report to the Council."
Mrs. Meyers: "i would say that that was a policy formulating
committ~e. Then, in that case, don!t you think that perhaps the whole
Council was at fault in putti.ng two .city er~p!oyees in this position?
That it was going to be a difficult position. Also th~ City Attorney
who is more or less an arbiter, and should not. One of the difficul-
ties in the City Manage~'Go~ernment, forcing him into a policy.making
position. Don,t you ~hink that' it would have been considered then,
-6- 7-12-62
July 12, 1962
that it was a difficult position to Put these two men into, because it
wasps controversial situation, and don't yeu~think the whole Council,
in that matter, is at fault? Those twO'men Should not have been PUt
in that position. I tl~ink that is something to be thoUght about by
all of you that you were. putting them in an impossible position.
Don' t you think ..... "'
Mayor Dietz: "Not only that, but they called on a Counsel for
which Delray pays a large annUal fee for his services. As you heard,
the trip, and this is the first that I kneW'what it cost., was $7~.00
to go visit a COunsel that is on a large retainer Just for the purpose
of advising the City of Delray what to do with the beach."
Mrs. Meyers: "In the beginning they shouldn.lt 'have been on
I .think Mr. Thayer was talking about the City Manager pl~an being very
Changeable in Florida. I think it is sOmething like 13% of City
Managers don, t last for more than a year, and it's over half for
about three years. T~e is a very 'good book put out by the University
of Florida on this. a~d~t .think~i~t .would be well for all of you to
so that you could avoid' tHe pitfalls that would place any of your city
employees in this position."
Mayor Dietz: "The author of that book is in the audience now."
Mrs. Meyers: "Dr. Kamraerer?"
'Mayor Diet~ "No. Dr. Farris and Professor Holland."
Mrs. Meyers: "No. This is Dr.' Kammerer and'ProfesSo~ D~eGove that
wrote that particular one,' but I do think that it was a mistake proba-
bly ~that all foUr of yoU should bea~ in mind in this particular situ-
ation. Thank you."
Mayor Dietz: "Does anyone else wish to be heard? If there is
no further discussion, Mrs. Yates please call the roll."
Mr; Woodard: "Mrs. Yates, I wonder if we might have the motion
rePeated, please."
Mr. Avery: "I move that the City Manager be discharged immedi-
ately and that 'he be paid his regular salary through July 31st, 1962
and that he also be Paid for any accrued vacation pay through this.
date."
Mr. ~oodard: "Mr. City Attorney, is that all the information
you would, need?"
City Attorney Adams: "I don't know what yo~ mean by 'I would
need' but I woUld say that was a complete motion."
~r. Woodard: "Question, please"
Mayor Dietz: "Mrs. Yates, please call the roll."
Mr. Avery: "Yes," Mayor~ Dietz: "No." I~[r. ~arren: "Yes."
Mr. Woodard: ~es." Mayor Dletz: "So ordered."
~. Warren: "Mr. MaYor, I now move that we replace Mr. Smitzes
immediately. I'move that Mr. R. J. Holland be appointed as active *See Page
City Manager at the salary that has been provided for the City 8 for Amend-
Manager." ment.
Mr. Woodard: "Mr. Holland, would you consider a temporary ap-
pointment in this capacity?"
Mr. R'. J. Holland: "I think most of you know me. I think this
is about 'the first or second me, ting I have attended lately and I
should have staYed home probably, I came to DelraY in 1937 and I
love the city. Had I not loved the ~ity, I would have been gone long
before now. If I Can help the city I would be most gracious. I have
had quite a bit of experience with the City Manager, .Mr. Smitzes.
They have been very pleasant relations.. He has been very fine in
-7- 7-12-62
July 12, 1962
everything that he has asked me to do, and personally I don't want
his Job, but if it is the wishes of the CommissiOn, which I didn,t
expect and .still don~t care for, I~ll do anything I can as far as
the city is concerned. Tharn~ you very much."
Mr. Woodard: "~. Avery, what is your---was that in the form
of a mo~tion, Nr. Warren? I'll second your motion."
Mayer Dietz: "Any discussion? i~irs. Yates, please call the roll."
1~. Avery: '~Yes." Mayor Dietz: "Abstains" Hr. W~rren: ".~es."
Mr..Woodard: ~ "~es."
The meeting adjourned at 2:45 P.M., on motion of Mr. Warren
and seconded by 2~. Woodard.
R. D. WOR.T~I,NG
City Clerk
APPROVED:
* Amendment by Council Action July 23, 1962 to read Acting
City Manager instead of Active.
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