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90-PPPP 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING A PROCEDURE FOR THE CONSIDERATION OF CHARGES AGAINST A COMMISSIONER FOR MISCONDUCT; SETTING A SPECIAL MEETING TO CONSIDER THE CHARGES AND TO TAKE POSSIBLE DISCIPLINARY ACTION; PROVIDING AN EFFECTIVE DATE. WHEREAS, at the Regular Commission Meeting of June 5, 1990, charges were made that Commissioner Robert Olenik, Jr. committed acts in deregation of the duties of his office or in violation of the City Code or the Commission's Rules of Procedure ; and WHEREAS, the Commission directed that a proper and orderly procedure be initiated to investigate the charges and to impose disciplinary action if it is determined that there are sufficient grounds; and WHEREAS, the Commission wishes to adopt a procedure to follow and establish a time certain for hearing the charges, the Commissioner's response and to determine disciplinary action, if any, NOW, THERFORE, be it resolved by the City Commission of the City of Boynton Beach, Florida, that: Section 1. A special meeting of the Commission will be held the 2~~ day of ~Q~ ~ &~O~ 1990, to determine if the charges which have been made against Commissioner Robert Olenik, Jr., are correct and if correct, what disciplinary action, if any, should be taken against him. Commissioner Olenik is directed to appear to respond to such charges and may, at his option, have counsel to represent him during the proceedings. Section 2. At the special meeting, the Commission will consider the following charges: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 A. Whether Commissioner Olenik on May 30, 19R0, violated City Ordinance 89-29, Section l(c) by dealing with City Department Heads and employees directly, rather than through the City Manager; B. Whether Commissioner Olenik's comments to the press following the May 15, 1990 Commission Meeting regarding the Mayor, Commissioner Wische and Commissioner Artis violate the Commission's Rules of Procedure or Section 2-11 of the City Code with respect to decorum. C. Whether the Commissioner's accusations against the Mayor in connection with the Applied Polymer, Inc., were knowingly false and in violation of the Commission's Rules of Procedure or Section 2-11 of the City Code with respect to decorum. D. Whether Commissioner Olenik's exiting of the May 15, 1990, Commission Meeting constituted a disturbance of the Commission Meeting in violation of the Commissions Rules of Procedure or Section 2-11 of the City Code with respect to decorum. E. Whether Commissioner Olenik's exiting of the May 15, 1990, Commission Meeting constitutes improper conduct in office. Section 3. At the special meeting, the following procedure shall be followed: The Clerk should read the charges and specifications; The Commissioner should be asked to respond if the allegations are correct or incorrect; If the Commissioner states that the allegations are correct, the Commission can proceed directly to a determination of discipline after hearing a brief statement of the facts; If the Commissioner states that the allegations are incorrect, the meeting should continue with (1) opening statements by the Chair and by the Commissioner, (2) testimony of witnesses produced by the Commission, (3) testimony of the Commissioner's witnesses, (4) rebuttal witnesses of the Commission, and (5) closing arguments. Following closing argument, the Chair should state the question: Are the charges made against the Commissioner correct? Each specific charge is open to debate and should be voted on separately. If the Commission votes that the charges are correct, the next item of business should be a determination of penalty based upon a motion for same. Section 4. The Clerk is directed to deliver a copy this Resolution to Commissioner Robert Olenik, Jr. Section 5. This Resolution shall take effect mmediately upon passage. PASSED AND ADOPTED this /~ CITY OF ~'TON BEA~C~, day of June, 1990. FLORIDA -- Co~issione~ Commi s s loner 'J ATTEST: (Corporate Seal) ~UN-14-~gO !~:4~ ]D:~OS]AS AN~ GOREN TEL N0:305-?~1-4923 ~733 P04 1 3 4 $ 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 28 29 30 31 NO. ~' PPPP VI. LEGAL C.2 A RESOLUTION OF THE CITY COMMISSION OF T~E CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING A PROCEDURE FOR TME CONSIDERATION OF CHARGES AGAINST A CO~MI$SIONER FOR MISCONDUCT; SETTING A SPECIAL MEETING TO CONSIDER THE CHARGES AND TO TAKE POSSIBLE DISCIPLINARY ACTION~ PROVIDIN~ AN EFFECTI1rE DATE. cha=ges were made that Commissioner Robert Olenik, Jr. oommltted acts in dersgation of the duties of his offio~ or in violation of th~ City Cods or the Commission;~ Rules of Procedur~ ; WH~REAS~ th~ Commission directed that a proper and orderly procedure be ~nitiated to inYes%igate the oharges'~nd to impose disciplinary action if it is determined that there are sufficient grounds; and W~REAS, th~ Commission wishes to adopt a procedure to follow and establish a time certain for hearln~ t~e ¢~arges, the Commissioner's response an~ to determine disciplinary action, if any, NOW, THERFORE, be it resolved by the City Commis~ion of the City of Boynton Beach, Florida, that: ~9~. A special meeting of the Commission will be held the /~ day of the char~es which have been made against Commissioner Robert Olenik, Jr., are correct and if correct, what disciplinary action, if any, should be taken against him. Commissioner Olenik is directed to appear t~ respond ~o ~uch charge~ and. may, at him ~ption, have counsel to represent him du~ing the proceedings. ~_~_~. At the ~peoial meeting, the Commission will oon~ider the following ohargss, ~- iUN-J4-'90 I~:43 ]D:JOSIAS AND GOREN TEL N0:~05-??1-4923 ~?~ POS 1 3 4 6 8 9 ~L! 12 14 15 16 l? 18 2O 21 22 23 25 26 27 28 29 3O 31 32 33 A. Whether Com~issioner Olenik on City 0rdinanoe 89-29, Section 1(c) by Department ~eads and employees directly, rather than through the City Manaqer; B. Whether -Commissioner Olanik's comment~ to the pro~s following the May 1~, 1~9'0 Commission Me~=ing regarding the Mayor, Commissioner Wi=the and Com~issloner Artt~ violate th~ Commis~ion,~ Rules of Procedure or Section 2-11 of the 'City Code with respect to ~ecorum. C. Whether th~ Commissioner's accusations ugain~t the Mayor in connection with ~he 'Applied Polymer, Inc., were knowingly false and in violation of the Commlssion~s Rules of Procedure or Section 2-11 of th~ City Co~e with respect to deoo~. D. Whether comm±~oner 01enlk,s exl~ng of ~he May lS, 1~90, commission ~eeting cons=~utea a disturbance of the com~ssion Meeting ~n violation of the Commissions Rules of Procedure or Section 2-11 of the City Code with respect to decorum. S. Whether Co~lssioner Olenik's exiting of the May 15, 1990, Commis~ion Meeting constitutes improper conduct in office. ~. At the special meeting, the following procedure shall be followed: The Clerk should read the charge~ and specifications~ The Commissioner should be asked to respond if the allegation~ a~e correct or incorrect; If the Comun~=ioner states that the allegations are co~ect, th~ Commission can proceed directly to a determination of ~iscipline after hearing a brief ~tatement of the faot~; If the Commi~slon~r ~tate~ that the alleganions ar~ incorrect, the meeting ~hould continue with (1) op=ning ~tateme~t~ by the Chair an~ by the Commi~sioner, (2) testimony of witnesses produced by the Commission, (3) testimo~y of the Commissioner's witnes~e~, (4) rebuttal wit~esses of the Commission, and (5) closing arguments. ~UN-l~-~90 13:~ ID:~OSIAS AND GOREN TEL NO:305-??l-492j~ 1 2 3 4 5 6 ? t0 11 1)- 14 16 17 18 20 22 25 26 27 30 31 34 Following closin~ argument, the Chai~ =hould =tare the question: Are the charges made against the Co~mieeloner torte=t? Each sDeoif±c Cha~g~ is open to debate and ehould be voted on separately. If the Commls~ion votes that ~/%e oha~ge8 are uorreot, the next item of bu=tneee ~hould be a determination of penalty based upon a motion for same. ~[~1_~. Th~ Clerk is directed tO delive~ a ~cpy of thi~ Remolutton to Commission~r Robert Olenik, Jr. ~~1-~. This R~eolutton shall tak~ effect immedia=ely on passage. PASSED AND ADOPTED BY THE CITY CO~ISSION OF TH~ CITY OF BOYNTON B~ACH, ~LORIDA T~IS DAY OF .. .~_~ 1990. CITY OF ~OYNTON BEACH, FLORIDA CITY OF BOYNTON BKACH, FLORIDA Mayor Vice Mayor Commissioner ~Ommlssione~ .... Commissioner ATTSST: CITY CL~RK ( CORPORATE SEAL) ~UN-14-'~O 13'.43 ID:IOSIAS AND ~OREN TEL N0:~05-~?1-492~ ~7~ POG 10 11 12 13 14 15 16 17 18 19 ]0 22 26 27 30 3~1 33 34 Following closing argument, the Chair =hould ~ue~tion: Are the charges made against the Commissioner correct? Each specific charge is open to debate and should be voted on separately. If the Commission votes that the oha~ges are correct, the next item of hu~ines~ should be a determination of penalty based upon a motion for same, ~9~_~. The Clerk i~ directed to deiive~ ~ copy of this Re=olution to Commi~ioner Robert Olenik, Jr. ~ectio~ 5. Thi~ Resolution shall take effect i~media~ely on paSSage. PASSED AND ADOPTED BY THE CITY CO~MISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THIS DAY OF .~ , 1990. CITY OF ~OYNTON BEACH, FLORIDA CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: CITY CLERK (cOR~ORAT£ SEAL) ~JN-14-'90 13:41 ]D:JOSIAS AND ~ TEL NO:305-?71-49~5 tt?D3 P03 4. The special meeting should.proceed as follows: The Clerk should read the charges and spec!fication~; The Commissioner should: be asked to respond if the allegations are COrrect or incorrect: If the Commissioner states that the al!~ation~ arm correct, the Com~ission ~an proceed directly to a determination of discipline after hearing a brief statement of %~he facts~ If the Co~missioner mtatem that th. alle~ations are incorrect, the meeting should continue with (1) opening statements by the Chair and by the Commi~ioner, (2) testimony of witnesses produced by the Commi~io~, (3) testimony of the Comm!ssOner's witne~se~, (~) r~buttal witnesses of the Commission, and (5) ~io=ing arguments. Followin~ clo~ing argument, the Chair should stat~ th~ que~tion~ Are th~ oharge~ made a~ainst the Commissioner correct? Each ~pecif~c charge i~ open to debate and should be voted on ~eparately. If the Comm~ssion votes that the ohar~es are correct, th~ next i~em ~f business should ~e a determination of penai%y ba~d upon a motion for same. I have ~repared a draft Resolution incorporating the foregoing prooedu~ and based upon ~he c~argem -against Commissioner Olenik as stat~ at the last Co~lssion meeting. If Re~lution should be ~ended before adoption. Correspondingly, if ~he cha~es now se~ fo~h ~n =he ReSolutio~ are too broad, ~ should be delete~ by amen~ent. L/B