CCMtg06-07-99SMMinLONGIVOOD CITY COMMISSION
Longwood City Commission Gtntobers
175 W. Warren Avenue
Longwood, Floridn
SPECIAL MEF,TING
\linntcs
June ~, 1999
Present: Mayor Paul l.ovestrand
Dyn~ry Mayor Steve Miller
Commissionar Dnn Anderson
Con er Rusty Mlles
Comntisslooer Annantnrie Vaeea (ar rvul n16:02 p.nt.)
John J. Drago, City Adminis[rntor r
Gernldlne D. Zxmbri, City Clerk
Richard S. Taylor, Jr., City Attorney
L CALL TO ORDER Mayor Lovesvand called the speoiel meeting to order xt
550PM_
2. RESOLUTION NO. 9A990, pursuant to ilorida Stanttes. Section 112.501,
Mnnioipal Roerd Members: Suspension: Removal-Specifying facts suR~eient to
advise Municipal 6oxrd Member )im Dely as to busts For his suspension or
vat from the City of Longwood 6oxrd oCAdjustment. Charter Review
Commiuee and racommeatding shat the Historic Preservation Doerd mmovc him
Fom the Foundei s Dey Committee and giving reasonable notice oCv hearing and
opportunity to be heard-
Mr. taylor read Resolution No. 99990 in its entirety.
Deputy Mayor Miller questioned if there was a need to reference the Charer
Com other solar ring he thaucht the Committee had sunset. Mr.
Taylortreferred to the possibility of the Committee bringing fanh proposed
Charter amendments to the Commission and thought it prudent w leave [he
reference in the resolution.
Ueputy Mayor Miller moved to adopt Resolution No.99-990. Seconded
by Commissionar Anderson.
Commissioner Miles pointed to theiacts ref raced in the resolution being merely
letters wriuen alleging certain romarAs which were leR unmentioned Further.
Mr. Randy s letter, [:xhibit A states that the meeting was adjoumed. Ile
questioned Iho Commission's right to control public speech outside of the
ling noting his what may be done here relxtivetofimt
tendment rights. lie said tl c mewing had been adjoumed and- undnt ilorida
Statutes (FS) 112. the Commission has no poweroutside oCthe paniuilar board
m IinS. In a snbreque It sectiory FS says elected officials can be removed for the
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and naked if any of a,e elector oRioiala Dresem was sooty orany
offense that can be construed to be misfeasance, malfeasance, end negleu of duty,
end ventured fo say that ell of us here mould not be held up to those paricular
nndnrds enA suggestedm ving very ca usly as this particular resolution is
look nt end its adoption- -elieved there were same inFluances here at work and
onFlicts on this dais relativeto any action taken and indicated his concern
above that.
Commissioner Anderson said wnsidering the les remarkq thought Commission
should be careful in what it sought to regulate or control. Ha said it would be
inappropriate foe us tocry to comml behavior that happened out in the parking lot
sidewalk Howevu, there was a fine line here as this happened not ten minutes
an hour after the meeting but directly abutting edjwmment, Crom whet he has
been told. I Ie referred to a committee handbook prepared by the Clerk's office
whioh he quoeed ftom. end said since the alleged behavior took place in the
Coma onchambers at then ne Rnmethem tinges scheduled. he
bnlinvedsthese sapplied es caching that happenN direuly
linked to tlta me tingeathar than at the local supennerket.
Mayor L.ov and said this t about frst endure t rights s about ill
onduU, that what melfeas ICwe ass City era going to have
s, they m st be nin nna way to promote free and opur dlecuesion, not in
ahreatei~ng manna whiGt intimidates people so they are aGaitl to come back.
Commissioner Miles said he believed that whenevere legislative body infringes
uponthe rights of oitiicns and restrius their ability to speak whmt tside the
onFlnes ofd group author zed by the legislative body, there a suuauon we are
trying to suppress the rights of flee speech of those citizens is
Commissionw Vacan arrived at this poin[ in the meeting (fi:02 p.m.)
Con UMiles aid hew reMr. Daly has made some complaints
again narhisaboard and would hope that those Dan alar
ould not be cause frr some undue prejudice on any vote that would
m heere Chia evening He said we are talking abwreremoval from morethen
just the board that this alleged action took placz
Commissioner Millar moved to cell the question.
Mayor LOVestrend nded agninn a moll for the quesion because ell commissioners
had not had an opportunity to speak.
Can er Anderson added that this motion is w allow him to speak to def'end
himsell'send~ for that reason, it is iinponnnt to go Corwerd_ [unher, he would hke
to hear his side end Doty Then a decision be made as to whedrer this should
happen.
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Mr. Taylor said this is en allegation and Mr. Daly has the fight to defend himself
There se law aswhow to go ebcutthis; the stature merely says to present
your ceseo Even thougb this not a eriininel procedure Mr. Dely's attorney talked
about bis right to subpoe a the accusers. It is a matter of proof, and if they do
of pres t themselves and stato in pars what took place and also to give
n opport niry ro e, he ind cared his concern about due proe ss and
possible I iigetion downerhe woad and advised he would lean lowerd the a
Mori ried byathreehwo vote. with Mayor LOVenrand. Deputy
Mayor Miller and Con or Anderson votin6 aye,Commissioners
Miles end Vacca voting nay o
\DJOURN. MeetinS adjourned at 6-.10 p.m
~~
Paul Lovestrand. Mayor
AYYest
~,~ ~w
Oealdine D. ZzCity Clerk
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