TOWN OF MELBOURNE BEACH

MINUTES

TOWN COMMISSION - SPECIAL MEETING

Saturday, January 7, 2006

Masny Room - 9:00 AM

 

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The Town Commission of the Town of Melbourne Beach, Florida met in special session on Saturday, January 7, 2006 in the Masny Room at 507 Ocean Avenue, beginning at 9:00 AM.    

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Present were Mayor William Stacey, Vice-Mayor Sandy Wilson, Commissioner Paul Guglietta, Commissioner Donnie Price, and Commissioner Steve Walters.  Also in attendance was Town Clerk Patricia Burke.

 

Mayor Stacey led the entire assembly in the invocation and the Pledge of Allegiance to the Flag.

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I           Interview and possible action regarding candidates for the position of Interim Town           Manager.

 

The following candidates were interviewed for the position of Interim Town Manager.  Each candidate was asked questions regarding their qualifications, and education.  Each candidate was given scenarios and asked how they would respond to the situation presented. 

 

9:00 AM - Candidate Karan Rounsavall

10:00 AM - Christopher Twigg

11:00 AM - James Bursick - Mr. Bursick indicated that he was not interested in the interim position and excused himself from the interview process. 

11:20 AM - Rob Downey

 

The meeting recessed from 12:00 PM to 1:00 PM for lunch.

 

1:00 PM - Nancy Ciummo

2:00 PM - Matthew Collins

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Town Clerk Evaluations

 

The Mayor indicated that each Commissioner received an evaluation form for the Clerk and it should be completed.  He asked that each Commissioner meet with the Clerk and discuss their evaluation with her.  He also asked that the Clerks probationary period be extended for a total not to exceed 45 days. 

 

Motion by Commissioner Walters to extend the Clerk's probation until notified otherwise. 

 

There was discussion regarding the time on the extension of probations. 

 

Commissioner Walters withdrew his motion.

 

Motion by Commissioner Walters that the Commission extend the probationary period for the Clerk for a period of up to six months. 

 

Second by Vice Mayor Wilson.

 

Commissioner Price stated that extending the probationary period affects employees in an adverse way.  Commissioner Walters commented that he had called the town attorney because he had received comments from residents regarding this, and the attorney felt that this would be the best way to handle the situation.   Commissioner Prices clarified that if the situation resolved itself before the six months it could be rescinded.  The consensus of the Commission was that it could.  Commissioner Guglietta stated that he also talked with the attorney and there are three possibilities.  One, you could extend probation, second you can make her a full time employee or finally you could terminate.  He continued stating he had begun the process of completing her evaluation and he wants to sit with her and discuss it.  Commissioner Guglietta felt that if she is not doing a good job we should terminate her.  If she is doing a good job, we should keep her.  It is not fair to the employee.  If we have not filled out the forms, that is not her fault.  Why do we want to extend it?  The Mayor stated that he talked to the attorney, and he is not in favor of 6 months he thought 45 days was enough. 

 

The Mayor indicated that her notary stamp has been placed on hold.  It has not been a problem, and I believe that it will be cleared up in a matter of 30 or 40 days.  Commissioner Walters indicated that there are extenuating circumstances that the Commission is aware of.  I am looking at the other residents of this community when I make a decision on her performance and anything that comes up, and the circumstance may not be due to anything that is her fault.  I am confident that she will be cleared.   On the other hand, if it does not turn out that way I do not think that the residents of this town should have to continue to pay that person until it is over.  If it is cleared up sooner, we can fill out our evaluations, and say thank you very much Pat you are off probation.  We have extenuating circumstances this is not only filling out evaluation forms. 

 

Commissioner Price stated that he has done her evaluation and that he has met with her and he has submitted it to her and made his recommendations.  There has been no action to preclude the Commission from completing the evaluations.  I do know that there have been some charges lodged from an incident that happened in another jurisdiction that could have an effect on this employee, but these are just charges.   He said that he has no evidence that makes him feel that he has a right to prevent this employee from being evaluated.  Commissioner Walters said that she cannot perform all of her duties because of her notary stamp.

 

The Town Clerk stated that she is not the subject of any criminal investigation.  She told the Commission that if they wanted confirmation she would have her attorney call each of them for verification.   Commissioner Walter commented that she was involved.  The Clerk responded that she understood that, but that at other meetings it has been said that she is the subject of a criminal investigation and that it has been placed on the record, and she wants it on the record that it is not true, she is not the subject of any criminal investigation.  Commissioner Price interjected that the clerk has not been notified of the status of her notary seal.  The Town Clerk responded that that was correct, that she has received no notification from the State of Florida stating her seal has been placed on hold.  She acknowledge that it is on the internet, but there has been nothing sent to her home or her place of business that her notary seal has been placed on hold.  She continued saying that she has been denied due process as she has not had the opportunity to respond.  Commissioner Walters called the question.  The Clerk reiterated that her notary seal is not suspended it is on hold and there is no definition in Notary Law for a certification to be placed on hold.  She indicated that she has written the Governors office and asked to find out what that means.  Commissioner Walters asked when she sent that letter and asked if she called.  The Clerk responded that she has called at least seven times and has received no response.  She repeated that she has sent letters return receipt requested and she still has gotten no response. 

 

Commissioner Walters called the question. 

Commissioner Price asked what the motion was.  The Mayor responded that it was to extend probation up to six months. 

 

The motion carried with Commissioner Guglietta and Commissioner Price voting no.

 

Motion by Commissioner Walters to adjourn.  Second by Commissioner Guglietta.  The meeting was adjourned. 

 

 

                                                                                                                                                           

                                                                                                William G. Stacey

                                                                                                Mayor

 

 

ATTEST:

 

 

 

                                                           

Patricia J. Burke, CMC

Town Clerk