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Minutes 12-27-23 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In-Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Wednesday, December 27, 2023, at 6:00 P.M. Present: Mayor Ty Penserga Daniel Dugger, City Manager Vice Mayor Thomas Turkin Stacey Weinger, Deputy City Attorney Commissioner Angela Cruz Maylee De Jesus, City Clerk Commissioner Woodrow L. Hay Commissioner Aimee Kelley 1. Agenda Items A. Call to Order - Mayor Ty Penserga Mayor Penserga called the meeting to order at 6:00 P.M. Roll Call City Clerk Maylee De Jesus called the roll. A quorum was present. Invocation by Commissioner Woodrow L. Hay. Invocation was given by Commissioner Hay. Pledge of Allegiance to the Flag led by Vice Mayor Thomas Turkin. The Pledge of Allegiance was led by Vice Mayor Turkin. Agenda Approval: 1 . Additions, Deletions, Corrections Vice Mayor Turkin asked to allow public comments. Mayor Penserga stated that he would like to wait until the next meeting to allow for public comment. Commissioner Hay stated that he would like to have the information presented before allowing public comment. He said that he would like to reserve the right to open up public comment during the meeting, if need be. Commissioner Kelley said that she does not have any changes. She stated that it is premature to make a decision at this time regarding public comment, and would like to have it open for later in the discussion. Commissioner Cruz said that she would go with the majority vote. Meeting Minutes Special City Commission Meeting Boynton Beach, FL December 27, 2023 2. Adoption Motion: Commissioner Cruz moved to approve the agenda as amended. Commissioner Hay seconded the motion. The motion passed unanimously. 2. New Business A. Special Meeting requested by the City Commission. Mayor Penserga commented that we are here to determine the next steps that the Commission will take in regards to the allegations from the HR Director regarding staff. He said that he is urging the dais and the public to withhold conclusions until a complete investigation has been done. He stated that he is asking for consensus to direct the City Clerk to forward all information to the OIG, and the Commission on Ethics, if they request it for an investigation. Commissioner Kelley stated that she supports the City Manager and City Attorney, who report to the Commission. She mentioned that the two emails that were sent to the Mayor and they need to be addressed. She said that this is a personnel matter and should have been discussed internally, as their City Charter is clear on the Commissions responsibility. She spoke about disclosing personnel matters as distasteful and could leave the City with civil liability. She said that should there be additional requests from the City Manager or City Attorney for further authorization, she will support them in that request. She said that she supports the Mayor in his ask. Mayor Penserga stated that the OIG is the most independent party to address this. Commissioner Hay said that he supports the Mayor's request. He stated that he is here for the facts and the truth. He mentioned that he heard some things have been said, but in all fairness, we should listen to facts. He commented that he is in favor of an independent investigation outside of Boynton Beach, and do our due diligence. He reiterated that he supports the Mayor's request to send the information to the OIG and the Commission on Ethics. Vice Mayor Turkin stated that he has been advised that the Commission does not have authority over personnel, that it would be a charter violation. He said that it is not the Commission job to interject in personnel matters, and it can open the City up to potential lawsuits. 2 Meeting Minutes Special City Commission Meeting Boynton Beach, FL December 27, 2023 Commissioner Cruz stated that she supports moving forward with the independent investigation, because we need an unbiased decision. She said that she will support the Mayor's recommendation. Mayor Penserga asked if Turkin would like to send the information to the OIG and Commission on Ethics. Vice Mayor Turkin stated that he will stick to his comment. Mayor Penserga instructed the City Clerk, to work with the OIG, and Commission on Ethics, in regards to this matter. He stated that once the investigations are completed, the Commission can do whatever it deems necessary, based on the facts and outcome of the investigation. Commissioner Hay asked for a summary of the charges. Stacey Weinger, Deputy City Attorney, stated that she will prepare a summary. She said that they do not know what the scope and work of an investigation through OIG entails, and that we should still consider having our own investigation or hire an outside counsel to investigate the claims. She recommended that they table the discussion until the OIG or Commission on Ethics has done their investigation and a recommendation is provided to the Board, or give it a timeframe in which they would like to reconsider and reconvene this conversation. She mentioned that it is important that the Commission take some consideration into an independent analysis into the claim. Commissioner Hay stated that he would like to make sure that we are all on the same page, because he does not trust what he reads in the newspaper. He said that he would like to know the facts, before making a decision. Deputy City Attorney Weinger asked with respect of a summary of the allegations, what are they looking for. Commissioner Hay said that he wants all of the allegations. He stated that he has the upmost faith in those who lead the City, but he is a realist and would like to know everything before making a decision. Mayor Penserga asked that all documents created by Legal be sent to all of the Commissioners. He recommend that once they receive information from the OIG or the Commission on Ethics, they could see what the next steps would be. Commissioner Kelley stated that her concern is timing, because we do not know how long the investigations will take, and asked about Stacey's recommendation regarding hiring 3 Meeting Minutes Special City Commission Meeting Boynton Beach, FL December 27, 2023 an outside counsel. Deputy City Attorney Weinger stated that we do not control the timing of the OIG or Commission on Ethics investigations, and it may not be timely, so they might want to consider an outside counsel, to protect the interest of the City and its employees. Commissioner Kelley reiterated that she is concerned with the timeline. There was discussion regarding possibly hiring an outside counsel labor attorney. Commissioner Kelley stated that she would like outside counsel to simultaneously do an investigation. Mayor Penserga said that this would be better at a later time to make that decision. He stated that he is comfortable having this conversation at the next meeting, on January 16, because it is possible that they cou'd have a decision by then. Vice Mayor Turkin said that if it is the recommendation of the Deputy City Attorney to move forward with a third-party investigation, because it is crucial that we act legally and do not open up the City for liability, then he is okay with that. He said that we should be trusting our counsel to make the correct decision. He suggested that we hear what the recommendation is from the third-party, to protect everyone in this situation. Commissioner Cruz asked if this is the third-party is the same counsel that is conducting the investigation. Deputy City Attorney Weinger stated that it is the same one, but they can reach out to the Florida League of Cities to get a list of labor and employment attorneys to use instead, if they would like. Commissioner Cruz stated that she would like to have this investigation play out and not get more involved. She mentioned that she asked for the list of attorneys from our insurance carriers, which is external, so that it is fair for all parties involved. She said that she is in favor of sending the info to the Ethics Commission and the OIG, but would not like to do everything else. Vice Mayor Turkin stated that he would like to make a motion to do nothing as of right now, let the ongoing investigation continue, and once the results are given to the Commission, they can decide on what to do next. Deputy City Attorney Weinger said that what she believes he is asking for, is a motion to postpone until such time that the City receives a report from either third-party, until this 4 Meeting Minutes Special City Commission Meeting Boynton Beach, FL December 27, 2023 matter is brought back to the Board for further consideration. Commissioner Cruz seconded the motion. She asked if we can just get consensus instead of making a motion. Deputy City Attorney Weinger stated that it is her recommendation that they postpone until a date certain, so that there is a guarantee for future hearing and public participation. There was discussion regarding the recommended motion. Vice Mayor Turkin stated that the recommendation is conflicting. He asked what the safest way to not open the City up to lawsuit. He said that he would not like to take action on personnel matters, because it is a Charter violation. He wants to make sure that they are not obstructing any investigation. Deputy City Attorney Weinger stated that the decision to defer until such time as a report is given to the City, is not taking action by the Board, they are going to undertake this investigation whether or not information is sent to them. She recommended a motion to postpone until a time certain that those reports come back, and this does not preclude the Commission from taking action at a later time. Motion Commissioner Cruz moved to postpone until we hear from the OIG or the Commission on Ethics. Commissioner Hay seconded the motion. Commissioner Hay said that he does not want legal, who works for the accuse to do the investigation. He supports what Commissioner Cruz motioned, and at that point they will make a decision on which way to go. The motion passed unanimously. Commissioner Hay asked about a rule regarding 180 days after an investigation, and if there should be some time of cone of silence for the Commission on this matter. Deputy City Attorney Weinger stated that she will get back to him in regards to the 180 days, and would like to defer the Labor and Employment Attorney in regards to the implications as a Commission. Commissioner Hay said that he would like to hear from him. Shawna Lamb, City Attorney, stated that they have been notified that Ms. DeCoste has 5 Meeting Minutes Special City Commission Meeting Boynton Beach, FL December 27, 2023 hired counsel, and because of potential litigation relating to this, they should not comment, unless they would like to be witnesses. Commissioner Hay clarified that they should avoid making comments. He said that he does not like that Shawna answered, since she is part of the list of people being accused. City Attorney Lamb said that any pending litigation, regardless of what it is, should not allow public comments. Vice Mayor Turkin stated that because there are many involved, what do we with the information. Deputy City Attorney Weinger stated that the City Clerk will collect all information and forward it to the OIG and Commission on Ethics 14. Adjournment Motion Commissioner Cruz moved to adjourn the meeting. Commissioner Hay seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 6:47 P.M. CITY OF BOYNTON BEACH ATTEST: =OF gOYN1Q4" i � •5RPOR�T'• < 0i _ SL, ,l SEAL . - _ II ;INCORpORA : TED/. Mayleo - esus, M A, MMC '� 1920 EDS i City Cle RIDN .�O 6