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Minutes 04-08-77MINUTES OF SPECIAL CITY COD~CIL MEETING OF THE CITY OF BOYNTON BEACH, FLORIDA, HELD IN CITY HALL, FRIDAY, APRIL 8, 1977 PRESENT Joseph F. Zack, Mayor Emily M. Jackson, Vice Mayor Richard D. Caldwell, Councilman Joseph. DeMarco, Councilman Norman F. Strnad, Councilman Frank Kehl, City Manager Tereesa Padgett, City Clerk Gene Moore, City Attorney Mayor Mack called the meeting to order at 4:00 P. M. and announced i£ was a Special Meeting in accordance with gection 56 of the City Cha~ter of the City of Boynton Beach to con- sider the status of the civil service appeal in regards to Mr. Kenneth Kri~s. Ee added that he first would like the City N~nager to give the Council information with the City Attorney following with his comments. ~i~. Kohl informed the Council that approximately three to four days ago, Attorney Bennett Cohn representing Mr. Kribs called his office when he was out and left a message ?hat he was coming te see him. He did not kmow what he wanted, but checked with the City Attorney whether it wa~ all right if he saw him. an~ he was ad~iaed that he could talk to Mr. Coho. Mr. Co~n asked some questions about some papers and then came to the point where he would like to try to nego- tiate with the City b~ paying Mr: Kribs a certain amount of money without goin~ b~'fore the C~vil S'ervice AppealsBoard. He was shocked because this was the f~rst time ~e had e=er been approached about anything like this. Immediately after Mr. CO~ left, he calledthe City Attorney and we~t to the Mayor,s office. From then on,the C~ty' Attorney has taken care of the arrangements. Mr. Moore informed the Council that ~tatuswise, the hearing has been set commencing next Wednesday evening. If it pro- ceeds, it looks like it will take two'days to Present testi- mony. In discussions with Mr. Cobh, Mr. Ceh~ would like to ~esol~e the thing on an ammicable ~asis. The first preposi- tion was for sixmonths, salary. Mr. Cohn~as no* presented an. offer to the City for three months, salary and Mr. Eribs will r~sign mad ~t gQ through with the hearing. Mr. Kohl mentioned negotiating mat~ers of this nature and it is not See Min. unus~te ne~oti&te to settle and avoi~ a hearing. The most of damaging effec~ to the city if the City does ~in and the dis- 4/19/77 charge is upheld.by the C~vil Service Hoard, this is just the Pg. (2) beginning of problems with an appeal filed in courts, etc. There is the lingering possibility that some e=ror may be uncovere~ hy some court with the result that the employee co]l~ b? FeinstaSed with back payment of t~ay. He recommends, ane ne ~e±ieves Nr. K0hl~ah~ the Personnel ~irector agree that thr~e mo~ths, me~er~ pay Would be in the best interest of the C~ty. ~he~c~O~saVe a~proximately $2,500 for the Civil Service ~e~ng. There is also the iingering appellate problem which ~o~ld deter E~ing forward iR that department. MINUTE~ - SPECIAL CITY COUNCIL ~-------------------~ETiNG BOYNTON BEACH, FLORIDA APRIL 8, 1977 Mr. Moore continued that since the Finance Director,s office has been ~acant for approximately five weeks, it appears the staff which remained after Mr. Kribs departed has been able to effectively perform the duties of the Finance Department. He recommends that the positiom of Fimanee Director be abe- lished which will save the City approximateIy $2~,000. This is the main consideration. This was brought to light because Mr. Kribs had not taken vacation time for long periods of time. The staff has bee~ able to fulfill the duties, there is the possibility that at peak times they may have to ~ring in auditors fer assistance. They do have outside auditors now. Based on, this and not knowing the eutcome of the Civil Service Board hearing, he would recommead, and he believes the administration agrees, the three months' sever- gards to the Finance Director.. N2~yor Zack then requested remarks from the Council members. Mr. Caldwell referred to ~ischarging the former City Attor- ney and stated they gave him one month pay, which the cji felt was adequate. Personally, he cannot see why we have to make a special exception in this ease. Why not give one month as in the past? He believes a precedent has been set. He hates to see escalating precedents established in regards to people we discharge. See Min. of Mr. DeFmrco stated that as far as the City Attorney, it was 4/19/77 a different situation. The Fimanc~,~ Director was under Divil Service. He believes that a poo~s~e~ti~ment~.isi~bg~h~.r~.~ good ~-:law suit. He has studied and weighed this case and hell'eves it could be drawn out for one or two years. M~. Kribs could lose the appeal to the Civil Service Board, but could still bring it up in Civil Court. There are one or two items which could turn over the whole thing. He believes they should settle this if there is any way possible. He is not happy with it, but has gone through courts and has seen ae- tions and results and it could be considerably a lot more money. Mrs. Jackson stated she agreed one month would be better, but she imagines Mr. Moore has tried to get it down. Mr. Moore replied that Mr. Cohn started at six months and this is the lowest they can go. Mrs. Jackson continued that she just wished she had more faith in the judiciary process. She referred to cases nationwide and how the penalties were not sevei~s. Mr. Moore informed them that this would involve a voluntary resignation and total release of liability by Mr. Kribs against the City. In these particular things, it is taking a man,s job away and the courts are prone towards putting a -2- MINUTES - SPECIAL CITY COUNCIL MEMTING BOYNTON BEACH, FLORIDA APRIL 8, 1977 man back to work. He told about a case in Pompano Beach which ~ent on for years involving a police officer. Mr. DeMarco asked if Mr. Kribs was entitled to vacation time and Mr. Kohl i~formed him that Mr. Kribs had never takenhis two weeks, Vacation all at once, but had taken days at a time and he has been paid for all his vacatiom time. Mr. Moore clarified that the point was that the office was never vacant long enough to evaluate the duties performed by this individ- ~yor Zack stated that the City Manager gave Mr. Kribs an original offer which was sick leave, vaaatien pay plus one month severance pay, or be fired and Mr. ~_ribs chose to be fired. He thinks Mr. Kribs should take the other items or appeal before the Civil Service Board. He realizes i~ may be costly, but it may set a precedent for department heads in the future. If department heads were unclassified, it would be d~fferent. However, he believes a referendum must be held to get them unclassified. I~ this going to set a precedent for the future? He goes along with only on~h See Mi~ months' pay. o£ 4/19/7' Mrs. Jackson stated that this is aimos~ ,th'~ f~rst ~t~m~ t~re has been a ease like this with a person not accpeting the chan~e to give a resignation. She agrees she would like to see this go to the Civil SerVice Board. We are charged with saving the taxpayers, money and she feels very definitely we are going to save money in the end to pay three months now and feels they should go along those lines. Mayor Zack referred to the case last year with a department head, Mr. Bushnell, and the case was lost~ In reference to this case, he thinks the question was also raised whether we can appeal the case. It was mentioned that an employee can appeal a case, but not an employer although another attorney felt an employer could appeal but would be limited. Mr. Strnad stated he just could not understand this whole deal. It just does not seem right to him.. They have a Civil Service Board which is to take care of any cases like this. He underst~uds Mr. Eribs wanted to be fired. With all the Charges against Mr. Eribs, he thinks he would be very wise to exonerate himself from all the charges. He cannot understand how this is coming about. He thinks that anyone who is in this position being accused of something and the charges are true, he doesn,t see why the taxpayers should be burdened with paying an additional two months' salary or even one months' salary if this man is guilty of wb~t he is accused of. If he is not guilty, let the Civil Service Board decide and let him go to the proper court of the proper jurisdiction if necessary. This should not be clouded over. -3- MI~TES - SPECIAL CITY COUNCIL MEETING BO~NTON BEACH, FLORIDA APRIL 8, 1977 Mr. Caldwell referred to Mr. Strnad mentioning that grits wanted to be fired and now, he turns around through his attorney i~dicating a willingaess to settle without going to the Civil Service Board. Who made the first recom- mendation of six months, severance? Mr. Kohl explained that he had receive~ a note that Mr. Cohn had called while he was out of his office and Mr. Cohn was coming to see him. ~en ~. Corm came to see him, Mr. Coh~ me~tioned a settlement and he was shocked as this was the Eirst time he was approached about anyth~ like this~ It was Mr. Cohn who made the first r~quest, Mr. Moore added that he believed Mr. Kribs wants to settle. Max cases are settled every ds~V, no matter what kind. No- bed~ wi~s in litigation. The costs can become ~asurmount- able. If we wi~, it is only the beg~ng. The employee has nothing to lose to continue through the courts. The City will be living with this for one to two years. Also, there is th% internal operation of the City involved. Mr. Kohl has made the determination that it was not in the best iaterest of the City to have this man as an employee. He has researched this in depth an~ is thiz~ing of the future of the City. The City will be in turmoil for the continua- tion of this matter and it could ~e ende~ tonight. He con- cludes that they would save mo~ey by settling at this point. There would be no precedent established as each case is in- dividual. Mayor Zack stated he thought the faults with ~. Krihswere pretty well defined with the 12 items. Base~ on the t2 items., he does not see how the Civil Service can go ag~iast the City, The evidence presented by the CitF Manager is pretty solid e~idence and facts. He feels %he Civil Service will go along with it. Mr. Strnad stated if ~. Eribs was guilty, then why should the City let him go scot free and into greener pastures to put another city i~ the same position? He thinks it should come out in the open and Mr. Kribs should suffer the conse- quences or reap the benefits. Mrs. Jackson referred to the mention of a cloud over the City and stated if they don't le~ it go through, she thinks they will have a cloud much longer. Shedoes feel very de- finitely it would be the end and she doesn,t waut to spend money. If we go through the Civil Service hearing, we would not be able to abolish the ~oh of a Finanoe Director we don't need. Mr. Moore agreed it would be difficult in ~.~ case Mr. grits was reinstated. From a legal standpoint and his re- search, the City could be sustained in a law suit by abolish- ~ng the job. It looks like they are trying to get the in- dividual and the savings to the taxpayer is secondary. See Min. of 4/19/77 -4- MINUTES - SPECIAL CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA APRIL 8, 1977 Mrs. Jackson stated this would be a savings to the City and ~. Moore replied that there was no doubt about it and they could also abolish the position. Mr. DeMa~co stated he was not too concerned about the Civil Service hearing. He think~ we have enough information on Ms. Kribs. However, the problem is if he appeals it, he can get a court hearing with j~ry and this means one to two years of constant bickering. Mr. Strnad asked if he thought ~. Kribs would spend the amount of money it will take to fight a case like this for two years and Mr~ DeEareo replied that he sure did think he would. Mr. Strnad eontinue~ that it looked li~e they were going to pay off the man with three months' salary and abolish the Job. Mr. DeMarco continued that if he were in Mr. Kribs, position, he would keep on fighting. He may have a chance to win and draw his salary for one to two years. Mayor Zack stated that in reference to abolishing the Job, the City has a pooulatioa of 35,000 to 36,000 people and he doesn't recall ~n~ City 9f this size without ~e position of a Finance Director. He is sure it would be a burden on the City Manager. Is it proper to do this? He questions it per- serially and there is doubt on his mind that the staff can handle the job. A Finance Director is a specialty. He doubts they have anybody on the staff who can handle it~ Mrs. Jackson referred to being without a Finsnce Director previously and one year during budget time, it was done through the City Manager and Treasurer and they came through with no problems. She does not.think people realize that things have been wer.~g so well and there is not a Finance Director. Mayor Zack stated that as far as the budget, the department heads help. Mr. Kohl explained how the department heads sub- mitred budgets to him and he does the budget. He is the Budget Director according to the Charter. He performs these duties every year. ~he County Appraiser also works~ with them. Mr. Caldwell stated that if indeed, the City ~anager is the Budget Director and the department heads organize the infor- mation and relinquish that information to the Couk~y, then what is the job description of the Finance Director and is he necessary? If we can be somewhat frugal with City funds and save $22,000 here or there, it adds up. If Mr. Kohl feels he ca~ do an adequate job to meet the demands of the City, it is his ~ob at stake, Let's give Mr. Kohl an oppor- tunity to do the job. If Mr. Kohl finds due to the circum. stances and growth of Boynton Beach, he cannot handle the added workl~oad, perhaps at that time we oanre*qvaluate the situation and possibl~ institute the position of a Finance Director and redefine the responsibilities and duties. He -5- MINU~ - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 8, 1977 thinks this is sm administrative decision. If the City M~_ager feels he and his staff are capable of handling the job description of the Finance Director, then he thinks we should give~ him the opportunity to take a whack at it. It would be saving taxpayers, money. At this point in time, in his opinion, it is just a question how many months, severance. A~ it was Dointed out, we are limited in our recourses and if the Civil Service goes oar way and the Civil Courts rules against ~s, we have no defense. We cannot sue Mr. Kribs again for the job. It leaves the per- sonael in the City in a tenuous situation.~ tf Mr. Eribs is forced to come back into ~he administration through ~he courts, how will those serving under him operate? It is just a question whether we should go one month er three months. If it tarns out to be a disadvantage to push for one month, perhaps~ the most economi~a~Iand fairest way would be possibly to go three months. Mr. Strnad asked if the abolishment' of the position of the Finance Director would affect the bonding compa~y,s rating towards the City and would this cause the taxpayers to pay more money 'i~ the long run? Mr~ DeMarco replied that he did not know how. Mr. Caldwell added that he believed bonds were drafted prior to the creation of the job three years ago. Mr. Strnad asked What the rating was then and Mr. Moore reDlied that he did not think it is any better. He added that if it is better, it is because Mr. Sheperd sold the bond insurance. Also, it is not absolutely essential to abolish the Job, but he was just pointing out thatthe City h~ heen sperating fine during the five weeks since Mr. F~ribs ha~ not been here. The position can be left open. There is a position in the Charter for a Municipal Auditor snd this is exempt.~ from classified service. It has been '~ery difficult to pin their fingers en the job description.~ The auditing services have ~een ~erfgrmed by outside auditors and Mr. Kohl has prepared the h~ge$.' It is not essential to ~ill the position, ~nt a savings can be made by ~t re-zppointing someone. Mayor Back referred to the organizational ch~rt and Mr~ Kohl informed him that he took off the licensing department (it is now building ~ept2)and courts. Mayor Zack continued that ~e ~ot rid ef the-~icense Department because it was too much wor~ and Mr. Kohl replied that it did not belong with the City Manager, b~t in the Building Department~ M~vor Zackccon- ti~ed that this would not take as mush work as being re- sponsible for finances. He does not see why the ~ob should ~e a~elished, they just should not hire anyone. Mr.. DeMarco clarified that it was a separate heading for a~ ~nclassified PO~ition. Mr. Moore informed them that there was another technical question as they have been unable to find where this jo~ was created. He believes through action of the Council, -6- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 8, 1977 it was acknowledged to be a classified position. Mayor Zack replied that in 9959, there was a resolution regarding hiring someone for a specified salary. Mr. Caldwell asked if the job was never created, how come there is a man in the posi- tion? .Mr. Moore replied that it was created through prac- tice. It was started in 1959 or 1960 with all salaries listed and in that list was a Finance Director. Then the Civil Service rules and regulations were adopted. The ques- tion is whether the Municipal Auditor should have been in- cluded as classified. Mr. Caldwell made a motion to offer the agreed terms, Between Mr. Bennett CObh, representiag Mr. Kenneth Kribs, and the City, offerimg Mr. Kr~bs three months, severance pay for a full release oa all claims with his resignation. Mm. DeMarco seconded the motion. No discussion. M~s. Padgett took a roll call vote on the motion as follows: Councilman CaldwelI - Aye Vice Mayor Jackson - Aye Councilman Strnad - No Councilman DeMarco Aye Mayor Zack - No Motion carried 3-2. Mr. Moore stated that at the present time, there is an office created through practice of a Municipal Fins~ce Director, which is also a classified office. This situation could never come up again if an individual is appointed to ~anicipal Auditor. He is not saying they have to do it right now, but it would certeinly effect a savings of $22,000 at least on paper. Mayor Zack replied that they would automatically Save the money if someone is not hired. Mr. DeMarco added that if they hire another one, he does not think it should be a classified employee. Mayor Zack replied that if we are going to hire anyone, it should be on a part time basis and that would not be classified. Mrs. Jackson added that it would come under Municipal Auditor. Mrs. Jackson moved to have a resolution drawn up abolishing the position of Finance Director. Mayor Zack stated he did not see any advantage to doing this because if the City }~nager needs help, he can hire someone. Mrs. Jackson stated that this :is a technical thing which we have done by resolution and should be undone by resolution. Mayor Zack replied that the resolution only covered the-salary. Mrs. Jackson added that it was also a classified position. Mr. DeMarco then seconded the motion. Under discussion, Mayor Sack stated he would not go along with the motion because he thinks the City .Manager should have the authority to ~hire help if he needs it. Mrs. Jackson replied that this would abolish t~e job and if Mr. Kohl hires a Municipal Auditor, it would be on a part t~e basis and could take care of exactly what he wants and this position is on the books. -7- MINUTES - SPECIAL CITY COUNCIL M~,~,TING BOYNTON BEACH, FLORID_& APRIL 8, 1977 Mr. DeMarco added that when this alt came up, we talked about having a classified position and would be right back to it if someone is hired. Mayor Zack stated tha~ if one is hired, the position must come back to the Council in regards to salary and Mr. Moore informed him that the salary was created by the Budget. Mayor Zack stated thst this has been the procedure since 1959 and Mrs. Padgett clarified that there is a resolution on the mppointment, but · Mr. Moore added that if somebody is appointed y the Ci~, they cam say they are the Finance Director re- gardless what ~hey call it. Mrs. Jackson state~ if they do mway with ~he Job completely, it will leave it up to Mr. Eehl to do what he pleases as the administrative head. Mayc~ Zackagreed they wanted to reduce costs, b~t it was a matter of opinion on this. Mr. Strnad stated they shoul~ be able to fire somebody who is not doing the job and hire some~od~ else. M~yor Zack stated he felt in abolishing the Job, the~ were Mrs. Padgett follows: ~e Mayor Jackson Aye Gouncilman Strnad - No Councilman DeMarco - Aye Councilman Caldwell - Aye ~yor Zack - No Motion carried 3-2. Mr. Moore read Resolution No. 77-T. Mrs. Jackson move~ the adoption of Resolution No. ?7-T, seconded by Mr. DeMarco. Under discussion, Mayor Zack remarked that he still felt the same as stated previously. Mr. Caldwell stated he could understand both what Mrs. Jackson and ~erM~ekare saying and he does not think they are at opposite ends of the junc- tion. He thinks, if indeed, we are going to protect future administrations, we should abolish the job and fill with a part time Municipal Auditor if it is deemed necessary. If i~ the future, i% is felt we do need a "full time Finance Director-, at that time, the position can be reinstated if need be. To protect everything, he thinks if the job can be done within the administration now, there is no sense to have a vacant office. There is no sense leaving the seat unfilled. Mayor Zack replied that if they were not going to hire one, there was no reason to abolish the job. Mr. DeMarco stated that the main thing is qualification. Mayor Zack stated that a job description should he set ~p. Mr. Caldwell stated if they are not going to hire anyone, why have the job? Mrs. Padgett then took a roll call vote on the motion as follows: Councilman Strnad - No Councilman DeMarco - Aye Councilman Caldwell - Aye Vice Mayor Jackson - Aye Ms~vor Zack - No Motion carried 3-2. MINUTES - SPECIAL CIT~ COUNCIL MEETING BOTNTON BEACH, FLORIDA APRIL 8, !977 ADJOURNMENT Mrs. Jackson moved to adjo~r~, seconded by Mr. Caldwello Motion carried 5-0 and the meeting was properly adjourned at 4:50 P. M. CITY OF BOYNTON BEACH, FLORIDA ATTEST: -'~ou~cil Member Council Member City Clerk Recording Secret~ One Tape ) -9-