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CCMtg11-12-85SPrr.s en t. ~+~.ayor Sme rilso Ce pu ty Mayor Goldberg (ommrsss ~~er Faulkner tohGwooo cox co~uusvoM NOl ry~0-eR 1L. 1985 Greg Manning, City Administrator Bavid Ko rnrei c M1, Labor Relations Attorney Bon ald ferry, City Clerk i. Mayor Smeriison called a special meeti n9 t order t si der complaints, allegations and performance of duty of Longwood Buil di nq Official, oMayor Smeril sons tetl that [he hearings regarding Mr. Orya nt had been Conti nuetl from October 22, 1985. Motion by Com- r Faulkner, s onded by Be pMayor Goldberg that the hea ri nqs regarding Nr. Bryant bes remo ved from the [able. Mo [f on curried by a unan rmous roll call vote. 2. Mayor Sme ril son stated that s e the Gate of the last m ing the City had obtained additional advice from Mr. Bavid Korn re i<h, labor Relations Attorney. Mayor Sme ril ion said the motion [o terminate Mr. Bryant had been made prematurely without clearly stating the re ns for such ac Mayor Smeril son said the present hea ri nq wa called for the pu rpos esof re wing allegations made by [he City Administrator agai nit the Ouil di ng Bf- ficial. A. A. 56ryant. Mayor Smeril son stated that Che City Atlmi ni s[ra to r, i anda to the Commission, bath of which were provided to the Buil df ng Official, alleged that Mr. Bryant had viol atea v s City rules, incl utli ng rules c ing [he ma kf ng of false and malicious statements against City officials or City opera lions ,~ Lire rule prohibiting ir- subordination and n ompl yi n9 with the City Administrator's instructions. and v City rules rel ati nq to ci ncompe fence, inefficiency, negi i9ence, or failure to full owro rtle rsr violations of City ordinances, conduct which is disruptive, insubordinate, antagonistic, offensive, o s to the City as such conduct relates to Coworkers. supervisors, el ectetl offici al suoro the public. Mayor Smeril son said that page twenty-seven of the Li ty'_ Personnel Avles sets forth many of these allegations in greater detail. 3. Mayor Smeril son said that the City Administrator is alleging that under the Standard By it ding Code, Section 102.1, which has been adopted by Lity Ordinance, the appointment of the Building Official s during goad behavf or and satisfactory se Mayor Smeriison said the Ci tycAdmin istrator has further indicated, the Buf itli ngroffic ial - under the Stantla rd Building Lode - "shall n t be r ved from office e cep[ for c after full opportunity has been qiv n him to be heard."emMayor Smeril son said a ordi nquto the City Administrator. neither has Mr. Bryant's behavior been "good", n r hi scs isfac- tory", and, therefore, the requisite "cause" for his removal or to rmr patron rs present. 9. Mayor Sme ril son stated that at the last se n of this hearing on October 22, 1985, Mr. Bryant chat ten qed the City [ommi scion to state what "c i[ had far his termination. Mayor Sme ril son said Mr. ¢rya nt had sug9e s led brat the actioneof the Commission would be su b$e<[ to Court revrew. 5. r Sme ril son said i the duty of [he City Conmizsion [ make certain [ha[ Ci [y employees a e given [heir dues pro cess when confronted with al lega[i ons which could lead t fermi na [ions. Mayor Smeril son said, by the s token, i the duty of t e City Commis- allegations that a City employee - particularly, a Oe pa rtme nt Head such a then Butt di nge Offici al - iol ated Li ty rules a ailegea and has n [ Derfo rmed M1 s ' sa Cis fac [o ry ma erh nda led by ordinances and policies of the Ci [y of tongwoodf re 1 Mayor Sme ri lion sat tln[hai m rely because Mr. Bryant sug9es is that the City Commission i es pons ible for i urt of law, it should not deter the Commission from s revr ewin9 the facts as tpresen led and maki nq a decision which is in Che public fn[eres t. 6. Mayor Sme ril son said each side could now present any[Fi ng else and he asked if either side ha witnesses to call o had a closi nq ariument to present. Mr. Bryant z itl he had o[hinq further ko present. r .Manning s not he had presen tetl the facts of his find- nngs to the Li ty Lommi ssio n, M ing said the 0uil d ing Official nos responsibility for e plan r and M1 ich dog" for the City. Mr. Manning r ended that Mrt 6rya nt belt na tech due to hWS failure to c rry o [ his obl iga ti Dns ea a Building Official. Mayorr8me ril son asked Mr. Bryant if he wished to respond t0 Mr.sMa nni ng's comments and Mr. 6rya nt said he did not. ]. Mayor Sme ril son said all parties nod been qi ven a ample opportunity to be heard and introduce evidence on the allegations r sed by the City Atlmi ni s[ra [or. Mayor smer;l son sa;d from h;a r toll eet;0n of kneac moray and n;a r of the m of the t o previous ni gM1 is of hearings, the fol lowi nq had been clearly esta bl isheo "(1) By memorandum dated September 25, 1985, di retied i the Mayor and the City Commissioners, the Building Official alleged that the Building Department w t per- mitted to Derform its duties as prescribed by tFe adopted building [odes antlsappl ica ble City ordinances and that 'outsf de influence in Building Department decisions is a dan- gerous practice toot can lead to na de qua to protection where it is orely needed.' A1- though Lois m antlum would appear to suggest that the Li Cy Administrator and/or tFe City Lommi ssiononad enga qed in improprieties with respect to the Buil tli rag Department, the Building Official - although being given opportunity to tlo s - failed t ex Dl a in tFe substance of his allegations o uend0. Mayor Sme ri lson said that all the Building Official would state i that he nod i uetl his m antlum because of 's ral tlisagree- ents wni cF Fe Fad.' rlayor Bmeril sons said ii w mciear that the statements made by the Boi idi rag Dffi cial in nis me random of Septembers28 we made recklessly and maliciously, without any factual su pportmoantl notwiths[andi nq the potential negative impact upon the tel., Ci ty and it operations." "(2) Not only tlftl [he Building Dffi ci al £a it to discuss the aforementioned m - andum with the City Administrator prior to its i ortlance witn the City Admi s previous i the testimgnoate Chioheari rag reflects n other~i cidents uhe re the Boil di nq Official did not follow op o inqui rf es ma de ubyrm tiers ofn t he Gonmi scion i e to ci Ciiens' complai rats. These a ns ti LUte, ai the very leas tPOw it l ful neglect in the performance ofctheneuil dingo Of-os fi ci al's a signed orders, a n the extreme - insubordination disruptive of the Build- ing Official's relations witF the City Administrator, the members of the Lomm is sio n, and the general public." "(3) Th rooghout the nearing, the Buil tli rag Official swg ges [ed tFat his responsibil- ity w s limited to the building structure only. When q esti Dnetl c ing his respon- sibility o the r and implementation of site plans, the Buildingnoffi ci al s Led that he inspected s ith unpracticed eye.' indeed, the Buil tli n9 Dffi ci al indi- cated that he did n echeck elevations al tnou gF - nsta races - drainage w s problem. ogi ven the fact that the e ocl early under the jurisdiction o fst he Building Official, there i ample evi denceetha tethe 6uil ding Official willfully or deliberately, or, at the very least. neyl igen [1 y, did no[ perform his duties." "(ql the c the e cl ea rthat t oil di rag Official - not performing hi srp ri bed duti ezoY bo taenti rely F mil iar with applicable procedures -for exampl ePS the proper methodaof checking elevations." "(B) Although the Bu it tli rag Official is charged with the responsibility of enforc- r'ing and i reti rag v s Li ty ordinances, the evi dente ezta bl fishes that the Building Official either had no knowl edge o understanding o umber of such ordinances o deliberately ignored h obligations t eunder. Two a mpl es would be [Fe Building Official's obvious lac ksof knowledge or d~sre gartl of theaCi ty's sign and la odic a pe Drat nances, Horn p. which epme antler ms oar; stl;ee;on "(6) Al tYa uyn '~-he 6ui l di nq Offici el is c urged with the responsibility of advising the City C any and all m my the buitdi ng site and the v o rdi na nc es auoder~l:n isdi cti on, ittwoul dca ppear that the 3ui lding Off icail ha sa sinply chosen i'o dis re 9a rdso ui qno re this responsibility. io simply s s tloes the Builtl- ing Official - that h rely checks [he s approved by the Commission, the Boa rtl of Adjustment. or thee Land P1 anni ng Agencytls completely u satisfactory, the Boil di ng Official i specifically charged with the res po ~Si bf lity of bet nq the a all of these e [n this regard, his job is to make certain that these en titi esotlD n ass ue approvals whf ch are contrary to the Standard 9uilding Co tle o applicable City O deliberate or negligent conduct on his par[ 8. 'layor 8meri ison said the r ord i replete with n ci dents of malfeasance o isfeas ante on the part, of theeBuii di ng Dffi<i al. Mayorr5me ril son said the previously r en boned items were merely a brief outline of what has been established during the h ee ri nqs. 9. igayor Smeril son said the City Atlmi nis[rator has ma tle his r endation antl i up to the City Commission to make its determination a whet he~mthe Building Official has violated City rules and/or has performed 'in an uns atf ifacio ry manner, and iF so, whether M1e should be terminated. 10. Commissioner Myers said that s e he had made the last motion, he would make the present m Motion by Commissioner I~ers, 5 onded by DepMayor Goldberg that the Building Official, R. A. Bryant, has deli bera tel yc in ompetentl y, inefficiently, and/or negligently failed to perform his a signed duties ands haz enga 9ed i'n i subordinate c - '~ duct which is disruptive Co the operations of the Lity of to n gwood antl nM1as o[herwi se n engaged in inappropriate behav for and un [is fa cto ry service and that. therefore, good and sufficient c fists to [ es him forthwith and that the Li [y Administrator may provide the Building Dffi cial wi th [two weeks pay in lieu of notice of severance. 11. tom r Paul kner said he ditl n t believe that the Commission Fad r cognized Mr. Bryahtsas the Buil di nq Official. Commissio Her Faulkner said Che City had n quested a opinion from the State Attorney's Office c ing his s and as ketleif the City Commission would be i iol anon of the City charter if they directed Mr. Bryant o perform a y particular work vtommf ssi ~~er fa ul kner said the City bad also failed t establish a Job desc r'ipti on for Mr. Bryant's job. Mayor Smeril son asked M1lr. Kurnrei cF for an Dpi neon re gardi nq Commissioner Fa ul kner's coimnents. 12. iAr. Kornreich said he had r wed the m of the hearings rather thoroughly and he understood that the Ci [y Attorney hatl advised that a matter of law and fact, Mr. Bryant w the Bui idi nD Dffi ci al. Mr. Kornreich said that w s the City Attorney's role, to advise the Commission of a erpreta ti on of [he Charter and ordinances antl aid M1 i my c vitl not c and [the Li [y Attorney i anyway. Mr. Kornreich aitl ter Ci ty has already beenua d by i City Atto rneynt hat Mr. Bryant h s been i n9 ~e vil di nq Offi ci el- Mrs KO rnreich said his r of the r ord a all t documents intli ca to that Mr. Bryant had walked like a Building Offi ci a loo nd talked likee a Building Official and said he would suggest that be is the Boil di ng Official and i by a of law the 8uil tli ng Official. Mr. Kornreich said he did not believe that it was necessary to request advice from the State Attorney's Office. Mr. Kornrei cb during his r of the m notes he s that there had been extensive hea ri nqs i the n fa ctequi to e e heart nqs, ich saitl, in his ex pert encen the hearings[ were as ompl etenas y ea ring that one couitl have in this type of matter any hearing given by a <i paltry. Mr. Kornreich saitl he had been i vol vetl i any s mil lar type heart ngs.mu Kornreich said the Lommi scion `s obligation, a .the 1 Iir s Mayor had poi ntetl oo[ i opening s o pro vida Mr. Bryant a forum. to w the al lega do ns agai nst him. Mret KO rn rei cfi said whether Mr. Bryant w P. uildi ng Official or Building Inspector, tie forum would be e ac tly the s s Mr. ich said tFe Ci tyGha rter gave every employee an opportunity [o make final appe tort he City Commission. 13. Commissioner f ked if Mr. Bryant sho ultl n t have been c. side.retl a regular employee andnt Fee Ci ty follow the grievance procedures established by the City of Lon gwootl wbi ch would ultimately co the City Commission in steed of a onfrontation witF the City Commi ssi onto Mr. Kornreich s tl he thought Com- r Faulkner w absolutely c act, that if PI Bryant w regular employee Feswo old have hatl a right to i vo ke the grievance board proc ed uresa Mr. Kornreich aid he bad fountl nothing in the r tl to indicate that Mr. Bryant had i vo ketl the grievance boa rtl proc¢ tlures and h aid the deadline For i vol ki nq the grievance pro- s had long s e past. Mre KornreicF said Commissioner Faulkner had pointed o utu qui to act ura tel ys, that Fad Mr. 6ryant invoked the grievance board procedures. ich saitl he did not believe tFat the Sri ev ante boartl procedures would s se ful purpose s this particular c the City Atlmi of stra for i the o ma kanq the ultimate de cisi on~n Mr. K ich saidsi this particular c it wo uldn have entu al ly c e to the City Commission for fnnal tleci lion. Mr aK ich said a matter of lawla that Mr. Bryant Fad failed to i voke the qri eva nce board proced uresa x Fich he was certainly familiar with es a Ci tyn emp9 ogee. 14. Commissioner Faulkner asketl Mr. Kornreich that if the Commission to rm lea tad Mr iolation of [ e City's ordinances. Commissioner Faulkner asked if t e City could requi a developer t inq his property i ompl lance if Mr. Brya nthw s determined to beri ompeteni. Mr. bKOrn rei ch said he w ict he labor attorney and sa d the question ethat should be brought to the attention of the City Attorney. Mr. Kornreich aid i~t wa e of the is s the City Commission must deal with. P1r. Ko rnreicF aid he bel ie~ed that anyti mes aeCity Commission votes n makes a action of any s that there i always potential liability. Mr. Kornreich said he novas not qual i fi edrt answer The question asked by Comini ssioner Faulkner. 15. The motion to t rmf na to Ilr. Bryant as Building Official was passed with a unapt moos roll call vote. M~~~ rTor;tla ______________ f.TTE$T [i Ly Clerk I