TOWN OF
MINUTES
TOWN COMMISSION - SPECIAL MEETING
Masny Room -
The Town Commission of the Town of Melbourne
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Present were Mayor
Mayor Stacey led the entire assembly in the invocation
and the Pledge of Allegiance to the Flag.
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I. Interview 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 Gordon
A. Dillon
10:00 AM Howard D. Tipton
11:00 AM James D. Bursick
At his scheduled time, Mr.
Tipton told the Commission that he was withdrawing his application as Interim
Manager as it was too far to travel, but that he was still very interested in
helping the Town with the hiring process.
He continued to explain the Range Rider Program and what services it can
provide for the Town.
He explained that the Town is
looking at about a three-month process.
He continued stating that if he is selected to do the search, there
needs to be a meeting where a profile or criteria is developed including education
minimum and preferred level, experience minimum and preferred level etc. A schedule must be developed,
criteria set, and advertising should be placed in the Datagram,
There was a consensus by the
full Commission to accept Mr. Tipton and the Range Riders Program offer to help
hire a Town Manager.
Vice Mayor Wilson asked Mr.
Tipton for his thoughts about the LLC formed by Mr. Twiggs and Ms. Cuimmo, and if he thought this would be
beneficial. Commissioner Walters
interjected that a couple of people have formed a Limited Liability Corporation
and they want to manage the Town. Mr.
Tipton responded that it was his feeling that it is not something he would
recommend, although it might be something, you want to do. His concern was that there needs to be
someone in charge. That person has to
have experience in managing local governments or you can have serious
problems. If the person appointed as Manager
was qualified and the second person was appointed as a
consultant or deputy it might work, but I would not recommend it the other
way. This is designed as a private
corporation system, you have a board of directors, a chairperson, and a CEO who
is the Manager, who is qualified in this form of business not any other. Commissioner Price stated that he agreed with
Mr. Tipton, and you cannot split the responsibility. He reiterated that he would not recommend
the top job being given to someone that did not have the qualifications of a
city manager.
Commissioner Walters stated
that it has been over a month since the Managers resignation, and the Town has
not advertised yet. What do we do right
now? Mr. Tipton responded that you need
to establish a criteria profile.
Commissioner Walters asked for a consensus of the Commission to get Mr.
Tipton to begin the advertising process and to have the Clerk get with him and
provide him with the previous advertisement as a guide.
Mr. Tipton asked if he could
have one member of the Commission to work with. It was the consensus of the Commission for the
Mayor to work with Mr. Tipton on establishing a criteria.
Mr. Tipton also commented
that there is another step that must be decided. He wanted to know if the Commission wanted to
advertise outside the state.
Commissioner Walters responded that he did not want to end up with
three candidates that drop out. We need a group of professionals to choose
from, it will limit us. Mr. Tipton
replied that it will provide him with more choices.
Commissioner Guglietta
commented that they advertised out of state once before, and that we choose
someone that lived in Town. Commissioner
Walters replied that it will give us more to choose from. People leave
Commissioner Walters stated
that during the process he does not call references because you know what they
will say. He said that he calls
Commissioner and reads minutes, but that some threaten law suits, they are
afraid they are going to be sued if they say something negative. Mr. Tipton replied that he has done this
probably 30 times and he has never run across that problem.
It was the consensus of the
Commission to advertise out of state.
Mr. Tipton commented that the
first thing that needed to be done was advertising, and with the Clerks
assistance get the ad together.
The Mayor indicated that he
would prefer that Mr. Tipton work closely with the Clerk and that she would
provide him with the information. Vice
Mayor Wilson asked the Town Clerk to find the previous ad. He requested a fifteen-minute recess to
provide Mr. Tipton with the materials he needed to get started.
The meeting reconvened and
the final interview scheduled for
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II. Discussion and possible action regarding
proposal sent by Chris Twigg and Nancy Cuimmo.
Commissioner Guglietta said
that he asked that this be placed on the agenda
because it talks about the Town Manager position. He believes that this proposal needs to be
heard. He indicated that Mr. Tipton said
there are benefits and deficits to this proposal.
At this time, Chris Twigg
presented his proposal. The main points
were that the Town would be getting two for the price of one, and in the short term,
they could get things done. Mr. Twigg
would assume the position of Town Manger, and Nancy Cuimmo will control and
manage staff in my absence. Mr. Twigg
indicated that he was a seasoned businessman.
He indicated that
the Sunshine Law.
Vice Mayor Wilson stated that
Mr. Twigg indicated that he would work for WD's pay
package. Mr. Twigg indicated that they
would work within the 2005 Executive Budget.
Vice Mayor Wilson asked the accountant what the executive budget for WD was.
The accountant responded that it was approximately $80,000.00. Vice Mayor Wilson stated that he had the
figure of $80,472.00. He continued
stating that he discussed this with the Attorney, and a contract will have to
be prepared. Mr. Twigg responded that
they are ready
to get started, and that they do not need a contract right away, they will work
without one until the attorney can prepare one.
Vice Mayor Wilson continued stating that he was not sure that the Town
wanted to enter into an agreement that we bring somebody on that is a new
entity, two people. Tasks have not been
divided and things could not go well.
Mr. Twigg responded that he could come in as an employee
and hire
Dr. Lesser commented that
there are no public comments at this meeting, but there are public comments
through e-mail to the Commission. The
Commission indicated that it was correct.
The discussion regarding public comment continued.
Ms. Cuimmo stated that she
was no longer a candidate for the position.
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III. Discussion and possible action regarding the selection of an
Interim Town Manager.
At this time, a Commissioner
Guglietta announced who the candidates for the position are;
Karen Rounsavall, Chris
Twigg,
Commissioner Walters
indicated that the selection would be pending a background check and a drug
screen.
The Clerk suggested that the
Commission take a five minute recess, list your top three choices, turn them
in, and she will tally the votes.
The votes were as
follows:
James Bursick 5
votes
Gordon Dillon 4 votes
Matthew Collins 2 votes
Chris Twig 2 votes
Commissioner Price indicated
that the applicants filled out an application, which will be used for the background
check, and then the
Motion by Commissioner
Guglietta that the Commission give a conditional offer for the position of
Interim Town Manager to James D. Bursick based on a satisfactory background
check, and contractual agreement at the same pay and benefits as currently
budgeted for WD Higginbotham. Second by
Commissioner Walters. Motion carried
unanimously.
The Town Clerk was directed
to contact Mr. Bursick and begin the
paperwork and background check.
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IV. Discussion and possible action related to Commissioner Guglietta's
request for Town exit interviews and his unlawful order for the Town Clerk to
violate Florida State Statutes by providing him with the confidential home
addresses of former police officers employed by the town over the last 10
years.
Mayor Stacey indicated that
he believed it was imperative there be an exit form when an employee
leaves. Commissioner Walters responded
that the Town already has one. The issue
regarding the addresses for the police officers has already been taken care
of. The Clerk e-mailed Commissioner
Guglietta and informed him he was not able to have them. He continued saying that the reason he was upset
was because on Wednesday, all five members of the
Commission agreed that we were not going to do any exit survey. The second thing he was upset about was that
the exit interviews from previous employees were guaranteed
to be a management tool. We promised we
would not use it against them. He said
that he knew there are exit interviews and they should be in the Managers
office. He continued saying that
Commissioner Guglietta wanted to conduct his own survey which
he is welcome to do, but once the Commission makes a decision that they are not
going to use staff to do it, he is like every other citizen and he has to pay
for the labor.
Motion by Commissioner
Walters that the Interim Town Manager direct all members of staff that they are
not to assist Commissioner Guglietta or anyone else in completing a private former
employee survey. Second by Vice Mayor
Wilson.
Commissioner Walters
explained that as a private citizen Commissioner Guglietta can
go to the Chief and ask the Chief to send out the exit interview form to the
former officers. As Commissioners
we cannot direct the staff but the Town Manager can, and since we already
agreed there are too many other important things that need to be done in this
community we need to make sure that we do not circumvent what this Commission
decided to do.
Commissioner Price stated
that he thinks the motion is out of order.
Any Commissioner has the right and responsibility to make every effort
to get this Commission to conduct a survey.
I would agree that no individual on the Commission has the absolute
right to instruct the staff to conduct a survey without the Commissions
approval. I do not think the motion and
the second is in order or necessary. If
we could get three votes to do a survey, then we will do one and there should
not be a motion not to.
Commissioner Walters stated
that the motion at the previous meeting regarding this item was withdrawn. There was discussion regarding the motion and
Commissioner Price continued stating that he felt it was not necessary. He said that there was no authorization for a
survey to be conducted and if the Commissioner did not
hear that, he was sure the Clerk did, and if one of us shows up wanting to do a
survey, she will say you need three votes of the Commission.
Commissioner Guglietta read a
section of the Charter regarding inquires and investigations by members of the
Commission. He stated that he is
inquiring and investigating on his own and his e-mail said
"please supply me with the town exit interviews for all former managers,
which are public record, which include Town Managers records for the last 10
years. I would also like to know the
last know addresses where I can contact them." He continued saying that he wants to know why
the Town has been losing employees. He
stated that he will pay for the printing of the letters, the interview forms, the postage, and the
independent party to compile and the results.
No town funds or employee will be used for this inquiry. I just need to be supplied with the public
record. He said that
Commissioner Walters stated
that they are not talking about his right under the Charter. It was something that the Commission already
discussed and agreed to. Then the next
day you started one on your own, burdening the Clerk with hours and hours of
work. He stated that if Commissioner
Guglietta wanted to do it like all the citizens do, he had to pay $175.00 up
front, and her hourly salary, and he has no objection to that what so
ever. Commissioner Guglietta responded
that he did not have to do that as he has the right to inquire and
investigate. Although the Commission said
they were not going to do it, he has the right to find out why the Town is
losing all its employees for my own good.
He indicated that he wanted a management tool. He believes that he cannot be stopped from
making inquires. Commissioner Price
agreed that nobody can stop him from making inquires. Commissioner Walters stated that Commissioner
Guglietta did not have the right to undermine a decision made by the
majority. He continued that his objections
were that the Commission was not going to use the previous exit interviews
against the employees.
The discussion continued
between the Commissioners regarding the use of employee time and the authorization
to conduct a survey.
Commissioner Guglietta read
an e-mail from the former
Commissioner Walters stated
that Commissioner Guglietta is missing the point, which is that the Commission
decided that the Clerk was too busy.
Then he turned around and asked for the information. Commissioner Guglietta responded that the
Commission decided that it would not conduct exit interviews and that he is
doing this individually not in his role as a Commissioner.
Commissioner Walters said
that this is the only forum we have to discuss this and he will be very
disappointed if he gets the addresses.
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V. Schedule a joint meeting with
Mayor Stacey stated that the
Clerk should set up the meeting.
Commissioner Walters stated that he attended the
The Clerk was directed to set
the meeting. Commissioner Walters
suggested that we set a date with Mr. Bursick in attendance. The Clerk was directed
to set the meeting for
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VI. Adjournment
Motion to adjourn by
Commissioner Walters. Second by Vice
Mayor Wilson. Motion carried
unanimously.
William
G. Stacey
Mayor
ATTEST:
Town Clerk