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CCMtg07-02-08SPMinLONGWOOD CITY COMMISSION Longwood City Commission Chambers 175 West Warren Avenue Longwood, Florida MINUTES SPECIAL MEETING July 2, 2008 8:00 A.M. Present: Mayor Brian D. Sackett Deputy Mayor H.G. "Butch" Bundy, Jr. Commissioner John C. Maingot Commissioner Dan Anderson Commissioner Mike Holt Donovan A. Roper, Acting City Attorney John J. Drago, City Administrator Linda F. Goff, Recording Secretary Tom Jackson, Police Chief Ryan Spinella, Executive Assistant Paul Sizemore, Director of Community Services Absent: Sarah M. Mires, City Clerk (Excused) 1. CALL TO ORDER. Mayor Sackett called the meeting to order at 8:00 a.m. 2. TO ADDRESS THE SPECIAL INVESTIGATOR ISSUE CONCERNING THE ALLEGATIONS AGAINST THE CITY ADMINISTRATOR. Mayor Sackett said the purpose of the meeting was to get clarification and direction regarding the investigation of the City Administrator. He said he would like to turn things over to the City Attorney at this time to provide an update as to where we stand. He said he would entertain a motion following the update. Mr. Roper said he provided a memorandum to the Commission yesterday through e-mail and provided extra copies today. He stated on June 4, 2008 Mr. Towers filed a complaint with the Florida Commission on Ethics with regard to many of the same issues he previously had complained about to the City Commission with regards to Mr. Drago. He said there were some additional issues of which he sent a prior e-mail yesterday morning comparing what issues were similar and what issues were dissimilar. He stated the bottom line was that legally by filing the Ethics Commission complaint on June 4~ of this year, the legal affect is that the ~- Ethics Commission investigation pre-empts any investigation that would be allowable by the City Commission for the City of Longwood under the home rule doctrine. He advised that under the Florida State Constitution, the sole and exclusive mechanism for investigating ethical complaints or complaints of CC 07-02-08/169 violations of fiduciary duty by public officials is outlined in the Sunshine Amendment, under the Code of Ethics and under the rules that are in the memorandum he sent to the Commission yesterday. He affirmed they did not receive the list of issues from the Ethics Commission until two days ago. In summary, he said it was his legal opinion that because of the Sunshine Amendment and because of the Code of Ethics involving the constitutional rights on the part of Mr. Drago, and all other public officials, and because Mr. Towers had filed an Ethics Commission complaint, the sole and exclusive remedy lies in the Ethics Commission investigation and also the hearing. He explained in the memorandum that there is a three step methodology the Ethics Commission goes through. First, there is a determination as to whether or not the allegations are legally sufficient. If they are deemed to be legally sufficient, then you go to the second part of the analysis to determine whether there is probable cause to believe a violation has been committed. If probable cause is established, then the third stage is a trial, a formal hearing in front of an administrative law judge. He said, in his opinion, clearly they have to let that process play out as well as any appellate remedies that would potentially be exercised. He stated to continue an investigation by the City Commission concurrently with the Ethics Commission would be improper. In his legal opinion, the current City Commission investigation needs to be either rescinded or tabled until such time as the Ethics Commission investigation is completed and all appellate remedies are exhausted. Mayor Sackett inquired if the motion was rescinded or tabled, those items addressed in Mr. Roper's letter to the City Commission that are not covered in the Ethics Commission investigation, if the City Commission could deal with those events or investigate after the Ethics Commission comes back with an investigation. Mr. Roper responded in the affirmative. Mayor Sackett inquired if there was any need for Mr. Roper to discuss which allegations are not before the Commission. Mr. Roper said, in his opinion, it was not necessary. He stated he did that in the earlier e-mail he sent to the City Commission yesterday morning. Mayor Sackett said on page three of the memorandum, it strongly urges confidentiality while the Ethics Commission investigation is being conducted. He inquired if they would be able to discuss any of the items in public. Mr. Roper said that was referencing confidentiality of the Ethics Commission investigation and this is the main reason they should defer and let this process play out. Commissioner Maingot moved to table his previous motion for the appointment of a special prosecutor to investigate and report back to the City Commission with regard to the allegations raised by Michael Towers CC 07-02-08/170 against John Drago in his May 14, 2008 complaint letter to the Longwood City Commission, passed at the May 19, 2008 meeting of Longwood City Commission. My motion is made based upon the legal opinion of the Office of the City Attorney, dated July 1, 2008, in light of the recent disclosure of an investigation by the State of Florida Commission on Ethics into allegations made by Mr. Towers against the City Administrator, John Drago, in a complaint filed with the Ethics Commission on June 4, 2008. This motion is to table until receipt of the findings by the Florida Ethics Commission and/or its investigator; at which time this motion will be taken from the table to consider any further necessary steps and/or measures deemed appropriate by the Longwood City Commission. Seconded by Deputy Mayor Bundy and carried by a unanimous roll call vote. 3. ADJOURN. Mayor Sackett adjourned the meeting at 8:10 a.m. v(~~a. Linda F. Goff, Recording Secretary ATTES Sarah M. Mirus, CMC City Clerk ...-- t~t- ` = ~ ~ rian D. Sackett, Ma or l CC 07-02-08/171 This Page Left Blank Intentionally. CC 07-02-08/172