HomeMy WebLinkAboutMinutes Council 051481CITY COUNCIL
WORKSHOP MEFTING
CITY OF PALM BEACH GARDENS
MAY 14, 1981
The Workshop Meeting of the City Council of Palm Beach Gardens was
called to order by Mayor Kiedis subsequent to the adjournment of the
Special Regular Meeting, 8:31 P.M., in the Assembly Room, 10500 North
Military Trail, Palm Beach Gardens, Florida.
ATTENDANCE: Present, were: Mayor Kiedis, vice Mayor Martino, Councilman Aldred,
Councilwoman Monroe, and Councilman Kiselewski. City Manager John Orr
and City Attorney William Brant were also in attendance.
ANNOUNCEHENTS: fIayor Kiedis announced that a meeting of the City's Merit System Board
will convene at 7:30 P.N., on Tuesday, May 19, 1981.
ITE21S BY THE CITY MANAGER:
"NINCHESTER At their Regular Meeting of May 21, 1981. ` ".e Council will consider
COURTS 11'�FUL " "- formal approval of the City Manager's recommendation that the developers
REQUEST TO
DONATE FUNDS IN of the "Winchester Courts II" PUD be permitted to donate to the City
LIEU OF .INSTALL- $15,409.55, which is 100% of what the cost would be for the-r, to install
IP)G BICYCLE PATH oic, =cleipcdestr= path in accordance with the agreement contained
within the Ordinance that created this PUD (Ordinance 12, 193011, in
lieu of installing this path along the west side of Military Trail
between Elm Street and the residential entrance to the Garden Lake& BUD.
Attorney Robert Cook, one of the _`our stockholders in the i;incnester
Developuent Corporation, initiated this suggestion that they be permitted
to donate funds Ln lieu of installing the path in light of the fact that
the Cat;; and County rave, with matching funds, installed one on the
east side of Military Tra l b�.tween Elm Street and PCA Boulevard.
P110FOSAL 0=' The Czty hiana•ger revlewea with the Council the proposal of Mr. Harold
KIMLEY -11QF! u Vick i.E,., Senior Vice President of Kimle Horn and Associates Inc.
ASSOC. '10 PS-- y-
lFoRM Ti- ,71•!� to rcview traffic operational conditions at (1) the intersection of
'1'UIiIES� Larch Avenue and Military 'I -nil, subsequent to the completion of tho
sch(aauled roadway improvements; (2) Holly Drive where the north side is
cloned off' to vehicular traffic the majority of the year; (3) the munic-
ipL,l complex and Gardens Park parking and circulatzcn, and (4) the inter -
3_c�ic,n rf lfacArthur Boulevard .ant Lighthouse Drive to determine the
appro,_riatencss of four -way stop control. The City Manager was requested
to ascertain from Mr. Vick a breakdown of exactly what each studv will
iuci_uds and the cost for each.
City Council Workshop Meeting, 5/14/81
Page 2
INTER- At a meeting in the near future, the Council will consider the adoption
fe GOVERNMENTAL of a Resolution — p articipatin g in an inter-governmental financial A, SISE
PROVISION FOR assistance provision for the liquidation of the $41,075 deficit of Inter -
INTER, -CITY City First Aid Squad, Inc.. In the meantime, the City Manager will
FIRST .4I13 SQUAD,
INC. ascertain documentation substantiatinj7 the percentages each service area
is being requested to donate to the corporation in an effort to enable
them to provide Basic Life Support services as a self - sustained unit, and
a breakdown of their past service liabilities.
E
Ll
RECREATION The City F;anager reviewed with the Council the communication, dated
DONATID "SHADY THE May 193
PROPOSED 1, from Mr. David L. Risinger, Landscape Architect and
LAKES" PUD authorized agent for the "Shady Lakes" PUD application, offering their
input re: the recreational lands /facilities fee that `.would be applicable
for the Project if /.when created by the Council. At their Workshop Meet-
ing of May 26, 1981, the Council will consider the insertion of the
amount recommended oy the C,ty Manager, $33,000, in the blank of Section
5 of Ordinance 7, 1981, providing for the _ _iexation of 39 acres con-
current with the creation of this PUD.
Pl;'PORTS:
Councilman Kiselewski_ reported that per the Council's request, he
COUNCI1149 d
attended the Inter - Faith Breakfast, wni_ch was held in observance of the
1SELEW i=
anniversar of Israel's Independence; and the Scout -O -Rama
p, presented by
the Palm Leach District of the Gulf' Stream Council at the Pa]m Beach
arJl ns 'sign School on i °iay y, 196..
COUI] IL " °;0 "Iiil
Counciawornan Monroe reported on the Beautification. and Environmental
[�JiIRQ'�
--
Committee's meeting of ],lay 13, 1Q81. Tne ninute:, of this meting will
ie placed on frle In the City Clerk';; offic ",,
VICE I.1AYOR
Vice M-I or Martino reported that he attended the Recreation Advisory
'IARTIN
Board's meeting of May 22, 1981. The minute3 of this meeting will be
placed inn file in the City Clerk's office.
1,AYOR Y.IEDl,
;Iayor Kiedis reported that he attended the Flanning and 7oninf; Com-
mi.,sior,'s meeting cf May 12, 19S1. The minutes of this meetin will be
Placed on file in the City Clerk's office.
ITKELS BY THE HP;OF AND COUNCIL:
C(+ NCT: �iAll
Councilman Kioelewski reiterated his requests that the Council be
TSr.L,e,4vS:•':
provided a cost estimate for the placement of markings ideintifyin�,
street addresses in the City and a recommendation o* the City Manager
re: the City's continued participation in the funding of the Senior
Citizen^ Organizati,>n: and that the "Winchester 1" identifying sign be
relocated to where ,t iz in cornplzance with the City's Sian Code.
City Council Workshop Meeting, 5/14/81
Page 3
In response to Councilman Kiselewskz, the City Manager advised that he
has been in contact with the non-subscription newspapers requesting they
Is deliver their newspapers in the City with better care.
Councilman Kiselewski requested the City Manager to contact Mr. Charles
Walker, Palm Beach County Traffic Engineer, suggesting that they improve
the striping of Military Trail, north of FGA Boulevard.
COUNCILWOMAN Referencing a recent "Datagram" of the Florida League of Cities, Council
777170 E woman Monroe suggested that if the State Legislative Delegation dues not
adopt a mandate preventing it, the Council consider an Ordinance pro -
hibiting a tare- sharing form of ownership of buildings.
In response to Mayor Kiedis, the City Manager advised that the specifi,
ticns for the sealed bads the City has solicited for the completion of
the expansion of the Public Works Department's garage includes the ent
project, from the foundation up.
CONCi NTS "r RUM THE PUBLIC FOR ITEMS NOT ON THE A3ENDA,
SAIMUEL In response to Mr. Samuel Carsillo, 10063 Dahlia Avenue, PEG, the City
71 `' Manager /t_ or advised that the State DOT has been requested to prohibit
vehicles transporting flammable materials from traversing Military Trail
where there is residential mousing; the ,Board of Directors of the °air!
Beach Junior College was not receptive to the City's request that they
provide lands at their north campus on PGA Boulevard for a fire sub -
_tation; the County is researching the location of some type of protec-
tyve device between the aidenralk and the pavement under the I over-
pass on Burns Road; the Palm Beacn County Traffic Department is per• -
forrrinr; traffic studies at the intersections on Military 'frail to
determine whether they warrant stgnal_.zataon; and the funds derivea
from developers of ?UDs for the recreational land /facilities account
cann,Dt ae used toward fire equipment /facilities.
h;ayor Kiedis advised Mr. Carsi.11o that he does plan to pursue with Mir.
5:illiam G. Finley, President, their discussions re: the City acquiring
from bankers Land Company lands for a fire sub - station east of the
railroad tracks; and that he would be happy to pursue with Mr. Finley
a request of the Fire Chief that they implement a detailed cket, --th of
ANk where clearing of pathways in their heavily - wooded areas would ce
helpful to the department.
City Council Workshop Meeting, 5/14/81 Pa ge 4
In response to Ms. Lillian Daniels of the Palm Garden Apartments, PBG,
Mayor Kiedis offered that the addition of the center turning lane on
Military Trail will, hopefully, reduce the traffic con,Jestion on this
manor artery.
REVIEW OF THE CITY'S MEDICAL IISURANCE PROGRAM WfTE1 THE CITY'S INSURANCE AGENT OF RECORD,�
r
Mr. Robert Diamond, the City's Insurance Agent of Record, addressed the
Council reviewing the April 21, 1981 memorandum of Mr. Tony Noyes,
District Manager of Connecticut General Insurance Company, re: the
renewal of the City's policy for employees' medical insurance benefits.
At their Regular Meeting of May 21, 1981, the Council will consider
approval of the 8,2/o increase in the City's premium to continue to
provide the same medical insurance benefits to the City's employeees,
plus add full coverage for maturnity and increase the weekly disability
benefit from ~150.00 to $300.0').
REVIEW OF CONCEPTUAL PLANS FOR CITY'S COMMUNITY ACTIVZTlES BUILDING WITH ARCHITECTS,
Eta UL-LVEH AND JUHN UL-L i
® Iessrs. Anthony Oliver and John Glidden of Oliver and Glidden, Archi-
tects, addressed the Council .introducing the conceptual plans they
have prepared as a Dart of the Schematic Design Phase of the Co:rmunity
Activities Building with the input of various members of the City's
staff and Recreation Advisory ?card.
During the review,, of these conceptual plans, Councilman Kiselewski
suggested betterment of the provisions for unorganized activities. Any
further thoughts of the Council will be submitted to the architects
prior to them proceeding to the Design Development Phase.
RESOLUTIONS: Starting at 7:30 P.M., on Tnursday, May 28, 1981, the Council will
HESOLUTIC1'% 34L interview; the applicants the City has on file for the Zoning Board of
1921 Appeals and [Merit System Board.
RE�OLT71nN 37 At their Regular t- leetinL, of June 4, 1981, the Council w)11 consider
9' adoption of Resolution 34, 1981, reappointing /appointing members and an
alternate member to the City's Merit System Board, and Resolution 35,
193', appointing an alternate member to the City's Zoninb Board of
Appeals,
ITE, IS FOR DIt:CUSSlON :
PETITION CF' In response to the March 5, 198! petition of residents of Manson Condo -
R7.STDEN'_''S RE miniums and Palm Garden Apartments, the Council advised they were not
h
77 LAPIDS
uN MIL T1Y 't. adverse to the maintenance of the residential zoning on the vacant lands
City Council Workshop Meeting, 5/14/81 Page 5
along the Holly Drive /PGA Boulevard segment of Military Trail.
The C )-ty Manager was requested to convey this to the City's Building
Department and Planning and Zoning Commission.
DISCUSSION RE: At the May 7, 1981 Regular Meeting, the Mayor, with no objections from
LETT...13 Lhe other members of the Council laced on the a enda of the current,
LL
AE1IN VIQLA- p g
meeting "Discussion re: the March 24, 1981 and May 1, 1981 communica-
CITYIS-77=—=OP tions of Attorney Jack Scarola and the Apr1i 27, 1981 communication of
7T 17S
"A Concerned Citizens Group" re: alleged violations of the City's
Code of Ethics".
Tiie .'ullowing is a ver batim transcript of the discussions that trans- -
p.red at the current meeting re: these three letters of complaint:
�J
City Council Workshop Meeting, 5/14/81
Page -6-
MAYOR KIBDIS I think we've gone through the May 24, 1981 letter; and as 7 recall,
two weeks ago we gave Mr. Brant direction to request a declaratory judg-
ment of the Circuit Court. I unders %pnd Mr. Brant has held the request
in abeyance temporarily for reason', which he has tried ro explain I
believe in .j brief or wh,�L,vcr you ;want `]I] it t" us lyre vesterday.
however, we hcivc i letter ChaL was Lhot followed Lhc initlal letter of
March 24th, which has never been presented to anvone. It's been - it
was written originally, I believe to the City Manager John Orr, and to
the various members of the Council, inclading the City Attorney; and it
came, i think, ,omewhat helntcdly t,, th, attontinn of the City Council
as a whole. And just to add to the first letter, which went
quite exhaustively in castigating a certain, individual here on the City
Council, I would like to read the letter of April 27, 1981. It was
addressed to the City Manager John Orr; and it reads
(Insert Attachment "A ")
The other letter that apparently -I might get tired of reading - which
was delivered I believe to the City 'Tanager's cffico by hand - apparently
® the cost of stamps is getting a litLlc bit High, so they acre hand -
delivered to the City Managcr - Lhev saved oighteen - how much is eig%iteen
times seven, anvway" -- it reads from h;ont- ¢umer }', L%-L,11, Reiter, Denney
,ind Senrcv
(Insert 4ttachment "B ")
One thing that I'd 7u-,t like to atik Mr. Dran'. This -ay= no written mem-
or.inoum disclosing c<nflict, of intcresL required b,: Florida Statute have
ever been filed. id' ^'. if in the opinion -f the a]leger, violation that
individual feels that therehas been no conflict of interest, it would be
obviously idiotic of him to start filling out conflicts of interest. You
_rind concoivahly h.ive Lhc City 11x11 covered with letter; of conflicts of
interest because I think of everything from drinking Seacoast water to
weeping the floors to walking around City }fall being a conflict of
interest. I'd be very happy to respond to Mr. Scarola's to my so- called
violation there at some Lime or another but I don't Lnink it's necessary
ur appropriate aL this time. I'm sure LhaL my t,:o gentlemen on either
side of me would perhaps be readv to do the same thing in some fashion
th,iL Lhc CiLy tianagcr cr L11, City Attorney feels agprnptiatc. And, um.
City Council Uorkshop Meeting, 5/14/01
PM
Page -7-
if we could disposo of this one thing, first, Bill. I would appreciate
you dust Suggesting a way that would be appropriate for us
Attorney $rant You're talking about letter #3
\Liver Fa�dis Yes SIT-
Attorney Brant Members of the Council, I submitted a somewhat detailed memorandum to you
and pertaining to letter No. 3 - the memorandum, as you know, is broken
out as to Letter 1, Letter 2, Letter 3. As to Letter 3, 1 point out to
the Council in the memorandum the allegations made are somewhat gener-
,€lized, quite generalized. Tn order to respond to something, 1 think, as
I pointed out in the memorandum, I think the framer of the letter should
be required to do one of two things. Submit more specifics or the Council
has the latitude if you determine that a hearing is going to be held -
at that time before the hearing begins specifics be supplied. In my
opinion, it is too general to respond to. Does that answer your question?
'favor Kiedis I guess. One thing that all of these allegations are doing - if any -
Ching has ever been done in my eleven years on the Counr,il to destroy the
unity of the Council and its effectiveness as a governing body, it's a
continual source or a continual allegations or implications or efforts to
demean or implicanL various Council members in certain activities. Um,
I had heard manv things during ,md ,after the election, whlr'h relative to
`Sr. Aldred and Mrs. Monroe, but I chose not to even ge' of them or any -
thinp like that. I was hoping th,3t all of these things could be - these
allegations could be solved in the proper manner. But it lust seems that
vino seems to build — rm0th0r and I'lere are rosponses and reroris and
letters and the way we're going atit, -e'll be writing letters forever.
If, Bill - ,�f in my case - if I may respond to Mr. Scarola in my case in
writing or whalever. Is it necessary that I de so? Because I knew that
1'vc done absolutely nothing wrong. I -as not a real estate salesman. I
did not assist anybody in my years of employment with Rnval American. I
can choorfully say that I have never received nne stnglo dollar of r_xtra
income for anything that I've done. I have never received one dollar
toward election campaigns. I had never been requested to make one con -
ces ^ion to them in any fasion whatsoever in any kind of a deal that's
even been made, nor have I ever offered any. And, I would like to give
You that as my reply to Mr. Scarola in any allceations he has made to me.
Thev have never asked me to do one single thing - not even hinted at it.
end, I received not. one single dollar as a so-- called real estate
C ,ity Council Workshop Meeting, 5/14/81
Page -8-
salesman. Let me Loll you that. T dtd some clerical work on the sale of
lots, but that was absolutely it. I didn't get one single dime out of it
And, incidentally, if you'd like to know something more. T started in
the past seven years since I've been employed with some facet of that
comp•iny or mother, 1 think my pay increase has averaged probably about
75c an hour over a period of seven years. So, maybe I should join the
City force and get the increases and the maturnity benefits that they
were talkingabout. O.K., I'm through with my little ( ?) to you.
Councilman Slav I make Some comments"
Aldred
Mayor kiedi, L'm Huh
Councilman
1 have several comments to make concerning this letter of April 27th from
Aldred
4 Cnnecrned Citizens Group who chooses to remain anonymous. The first
comment that I have to make is thaL the charges conLained in that letter
as thev pertain to me are nothing more than baseless scurrilous lies and
I cotegcricall,• deny the validity of any anu all of them. My Attorney
Richard Groner, who is in the audience tonight, has further informed me
that this particular letter is libelous on its face. And, I have secured
legal counsel to aid me in obtaining compensation for the damage done my
reputation by this action. and, 1 demand an immediate administrative
hen�ing to remave this cloud from my reputation. A ('.) fellow by the
name n_` Sidney Davidson once observed that the muck shah inherit the
,arLh. I intend to shovel. And, if you think I'm angry, vo,i'ro right.
`lay�_,r Kiedis
You've been angry fcr several weekG. hike, do you have any comments"
':ice
No comments.
Mar;_ i n,
,favor Kiedi,
D,�r"
C'nuncilm-.n
I mink before I make env comments - first of all, T asked Mr. Scarola
1; e Sn1owtil,i
l.t4t week if he had Deny documentation. I'll be happy to mention publicly
anv involvement. I have ,nth any developer in rhis particular City that
1 been rclerred Le, I don't know who Village Home is - I know Village
Home Builders, but I will, not go an; further into that. I would, Mr.
Mayor, though .hat we give Mr. Brant an opporttim cy to tell us trhat he
wrote in the memorandum back to us retarding these three letters, which
the people of the audience haven't_ had the benefit_ of.
Mayor Kicdi=
Cr.;:.. Linda, do you have anvrhing you want to say first"
`.,ounce iw"T,Inn
i' l l -,,iv something ,ifter him.
Kenrne
City Council Workshop fleeting, 5/14/61
_ "ID rapt' �' F �.�,'c^
,�.;yr ',j � ..._
Page -9-
Mayor hiudi< 0. K.
:attorney Brant Shall I proceed'
Maycr Kicdis Yes, go ahead.
AtLornev Thant Basically, I submiLted a memorandum to Lhe Ctty Council Liking ouch letter
chat's been filed by way of complaint and LitLC�i them Letter lit. Letter
P2, and Letter i.3. i,etter #1 was letter of complaint dated March 24, 1981
signed by Jack Sc'r "l,t, .Attornev for undisclosed principals pertaining
to alleged violation of Section 2- 103(x), Article VI, Chapter 2 of the
Code, crherein it is alleged that Mayor John Kiedis violated these code
provisions. \nd, if I m.;v, Mr. Chairman, I'll follow them in sequrnce.
On April 16th after a review of letter #1 my office filed a memorandum
wli-h the CIL-, Council =cLLing up .cveral alternatives to approach the
latter. the lrrter ,ns prnperly filed and our Codes say the Council shall
tike air ion thereon. Fhc one .ilfrrnaLive ras consideration of filing a
de lar:tort' _,udecne>> to deLerminr if ou, ' �c- provision cn this point
r are Sasicallr pnraphrnses itself shall engapc in any political activity
effect ni, the outcome of an election. The question was was it so broad
.is to deny a member of the Council __rtain nn�ic constitutional rights.
-es C'Y,3pter 104._'! Flarida Statute., which is basically on the Same point
as ur Code provision, the dilfe,rence seine tho State Statute on the point
in effect states when you do not use your official office to influence or
in cifoct thrent electors and in Luin offect the outcome of an election.
it's m.ich more restrictive. The other ilLern.itive was for the Council to
,, se Some method of prccecure ,ind cam duct heart»ys cn the letter, at
that nicer ing, t- he ,iILern,it ivu l ,r L) lrcl,{r,tt_,-ry ;udL"IRUnt w.is rnil -horIzed
on motion .seconded and acti n of the Council. At L'rat time, I prepared
my mem- ranaum and basically it wis not prepnrrd for the str3tcav or the
p',sitio^ :;r. Scar,la took. He noL being required to disclose his princi-
pa!:, h, -cause in a deClaratory' action it'_, not a full complete type of l
cnntroceryv that voc sec on television and read in novels. E.i:u a11v,
YOU nay_ an tssuc 1 to an interpretation cif the Ccnatetut -,on some
nrciinanec provision statutory provici.on or oven ccntracL provision. there
the quectioi, is one of legalit, basically. There is a requirement- that,
you must have n respondent - the court has to he —Lally .nfe,rmed by
memorandum and nnrma]ly a dudpmcnt action i-, haled on ,aritterr Uri of �
Pius, cal argumont and normally little of nn L"sirmonv ., =Len vi most
deriarr,tory iudgrn,•nt ac Lions. To effect a decision t,v Lhe court ai:d
uf�tn7.ti , Binding order is is this provision at, the f.icLS -hat are
AL .
City Counril k1orkshop Meeting, 5/14/81 Page —10—
submitted is it constitutional. Does the State Statute preempt the CiLy
Code — I'm dust tracking — I mean, the issue that we're speaking of here.
have constitu-
Also, within the declaratory ,judgment ,ratuLe where you a
tional issue the Attorney General of the State of Florida must be served
c.iith the petition together with the State the Attorney of the Circuit
Where the cnse If fl led. WherU Mr. `;r,arola c?as not required to disclose
the identity of his principals and the next point being by serving the
Attorney General of the State and the State's Artorney's office would it
be binding. I'm not — particularly researched that line of cases until
the issue of your disclosure of principals came up. BuL, ,after having
received d °section from the City Council, I did research the line of
ras's in quite detail and there's i case that was decided by the State
Suprcm�, Court in 1`53 and basically wherein there were some 7 or 8 police
oii teen , believe it or not, were also licensed ettcrnics,and there was
a ruling or book that says if you wish to be a police officer, you can't
hr.tetice law ir, that ditLrict. The on)% ;) -rcon served where the Attorney
General of the State of Floriga and the State AtLorney's office. They did
resonnd. They fiL,_d briefs, they appeared, argued the case, and the trial
judge declared the act to be unconstitulicnal. Then, xt gent up on
CCUrt
appeal !o the State Suprump. The Courr there veld if the Circ.nt
reiies nn the input of the Attorney General or the State's Attorney
basically the Gircuil_ Court ,arc, u i "_ to be an opinic,n— rendering body.
Rut, tiherr wasn', sufficient controvcrs: and chat_ the courr mill,. me.rnt
,aa� ta_t a membar of the public. Th,re Tas a deccendineopir,ion in that
_asp that basicall',T say= ;f the Statute as Silent as to who sou serve —
Lhat would be quite cnrrcct — but an crd,,r +CIF this magnitude — it was
mandaLury that. ywt — r�c the State's Att,,rn(,y and State's Attorney.
llowe•.er, the courts split and the majority ruled it was net a binding
deciStIn. And that ,could no our case here as well if I served only the
Attornec General and State's Att,rnev n; our Circuit. And, those are not
11 my ±nsLruc'_i,)nS — 7 was of the opinion Lhat my authority- didn't permit
mo t(., pr,+ceod and 4,)n- 1„ur ;ronth, later p "ssibly Lind the Circuit Judy(-,
d rule is tlris 1953 hc,_ that- at would roL be a binding decision
plav it by the time and money would have ncen spent and i thought it •acs
nccns5,try to brink; it har.h to th,� COUnciI to cletrul and p? t your tnsLruc-
VW
ions. Ltnfnrtinately, mam federally funded — legal attornic: -- this
IS, -111a'_ Lhe', co7;5tantIV do it trtak,i , :Iw l,rws and Lhis as what we would be
dnint,, Lire. This cis- has not been ovtrrul (,d — the holdinn of th:.s c.tse.
City Council Workshop Meeting, 5/14/81 Page -11-
This case lion been cited many tames for ether pass,iges in it_. In other
® words - in the legal business it's called dictum - not to bore you with
detail in other words you pull certain paragraphs out of or other reasons.
But the case has never been looked at since on this one particular point.
SO, tho pnInt eetr", as to ('braining the dc'tlaratary ud €ment coon I
Ellin", Lh1t in m,, opinion I need renewed approval or disapproval of the
Council. Because, in effect, this case does remain in the way and I
aiiticipate the quesLioa:. I think you'd be succes,ive if you go ahead.
The c,ise i5 some 2'? w.irs rld and there had been no subsequent holdings
on it arau yep, __'s n,�t ,i conclutivc type of situation _ I 'would be mis-
advi�ing the Council if 1 ..iid that-. But yet the court could well over-
turn that rulirg.
Then, .i, to letter 42. This is the letter signed by A Concerned Cili-
zcns 1,7roup and I point out in m, memorandum the same procedure and action
of the City Council would be necessary as to the »arious complaints
r.tised in that letter if Lt's accepted by the incil• The facts
are
bac;cally rho same - the Same Code provisions as in 1etL r fl are in
issue. Edward Weimer was mentioned in the letter where he allegedly com-
muted certain violations. Mr. t,]eimer to my knowledge as 1 p,,inted out
it the brief unless facts show oth,,rwise is not in officer o- emplovee
ct rho CiLv and dorm, not come nrd.,rihese <.ode provisions. GnJ, then, the
only Fa 'nil connection 1 rc,me up ait'i as fir as Mr. iieimer he is Presi-
d.nL of 'he Senior Citi: ens AEs c i.i; .- ^c,f the City. It's a non- profit
-c
-,o,, - th,_ City .lots par- t:cip -ite b}. giving grants from time to
Lim, to this organization and I Sclievc provide meeting hall. So, it
would he Try opinion he -,could in no way cnmF2 under the provision of the
Code, And, there „ *as two G -rmer members of the Council, in my opinion,
think complainrs pertaining, to them the ocher names mentioned it the
letter d, nom come under the provisions of the Code.
Then, ,is to letter 1`3. It perrnins to sub - Section (g) of Section 2 -103
,f Article V[. IF I'm in too much detail, Mr. Chairman, stop m,. And
h,t. ba_-,ic,zlly saes no official or employee of the Citv sh 11 accept
�thcr r_r,iployriont which might i.npair his independence of dud merit in the
performance OF 111.5 pub] 1C duties. I point in my memorandtim the cnmpiaint
nor overly specific is we found in Letters #1 and 2. Letters 1 .ind 2
conL.iined quite specific allegations. And, aieo, the Florida Statute
112.3143 was cited .ind the violation there there was three members of
tho Crunc.l cited in the P,trer Failed to filo a writt'n r,,ctnorandum as
City Council Workshop Fleeting, 5/14/61
Page -12-
required by the statutory requirement. The Cede prnvLSion applied in
this letter pertains basically to ,in official accepting other employment
which might impair his judgment in the performance of his duties and the
sublectiviLy in this particular .illegaL3.on weighs heavily with the
Council person -hewer that Council por-,n might be i< fo -lint point in
time lies judgment would be impaired, because most people do not know
what `�iese (actors arc and only t.io Council person alone knows. Unlit
we get down Lo the point as to determination of when do you have this
LmpairmenL - when do you have Lho conflict and now ynu're getting into
somewherr the grey ^one - there ,ire some dies on Lbi� poinL but how dO
you come up with sumo application Some rule, how da each Of you deter-
mine at what point in time your judgment is impaired or should be
impaired. 'i•his is a part Lime Council. Sn, th,'refore, you have to si•ek
cmplovment in another occupation. So, the point- being - I think we're
do-ii Lo the question of the requisite of application in trying to deter-
mine fi- conflict and also whether there's snecif>_r gain flewino to
the Council person or deLrimenL to a client customer, officer of a cor-
poraLien one mif,ht be employed by. Then, is .i result- of the vote being
cast - 1 have set up several examples here to the Council for c nsider-
at_on. EmpIcycent (') fill ouL this memorandum. Tnis is the fact -
findir;� hoard. 'They make the determination and nnvthing submitted in
here ha_s.cally _s my opintnn. They -,ir dra•• their o„n conclusions, reach
[heir _•an opinions, an_I them cast th,• ,,�ilut, nnr, so inr.• �_ ^try] r1le
method of procedure accepting the facts, ho•r ,.hey accept them, and also
they -omr to the conclusion rii!e•[crmin._ °41,erher Lhrre has been a viola -
Lior -,r nn ,+iolauon And, b.isi,:a11 ; mr••hnL, 1 Point- tl. m t_r, the
municiptil ethics :r,mmi.,Slon ,11,r St.ite SLiLuLes ]i,i esLnblisheo i Florida
FLhics (_Grlimissiojjwhich covers State l ide. gaaicall », our Cndo Set- this
pa,-ticular Council up as a Ethics Commission to consider the complaints
rind the facts and come tc a conclusion. And, I poinL out nne item here
- there's some as in ]eLLer Y3 - one of the Councilmen is a retail
irr�_h,n ;' in the aroa is I cill her CIri_ X. llr�- X comes into his place
of husiness and buys a $1001 orticic Of fdrnlLl.i� .r something in the
usual - -ourse of business. Some six weeks later, tIrs. h conies before this
( "Juncil co'tplairiiig Lh.iL Lhe Police i)epartmenL is noL keeping the does
;rem runn,n,c, Lhrnugh her ),iiiL She's asking the Council to take ;pedal
action and direct the Police Department to do s meth3n ^about it and the
qucs'_inn of the Councilman who's in the business - should 60 ,ote, on this
p. }rtLCUlar siLUat on - is there sufficient conflict whCrcby n memorandum
City Council Workshop Meet-ing, 5/14/91
Page -13-
should bu filed. I think in thi, particular casr you have to draw a
conclusion - the answer would be no. The Code provision is no vay
tointended
to use your employment of a Council person should be impaired
that you have have to file a memorandum each time. T Chink - I point
out one case here where the Etl)icq Commission retched the decision and
that was where there was a County Commissi�jner in one of the smaller
counties was also a CPA and he represented many people in tax matters
throughouL his County. So, L110 qu--,L2 on rlas should he disqualify himself
each time his clienL .iippeared or proceed to vote on the matter and file
the memorandum required of did he cvOn have t.o mention it at all. The
Ethics Commission's opinion, clients are spuratic - in other words he
may have represented a man a year heforc and in that case, no memorandum
is required. I point out a c1_(s,ic else - il's not i member of the Coun-
cil, bit- an r,fficer of the City - and Lhis does happen - I'm not referr-
inQ t, our Bvildin,, Official of this Citv - this is the case where you
permit Lhe Building Official to He's also a good draftsman.
He drafts plans for various construction contractors and they, in turn,
get an _architect to review them and seal them. And, two days later, they
come back into his office and now he's silting down to —e if the plans
that he nriginally had drawn even th, ,h there's an architect intervening,
whether Lhe: comply with the City's Code or not. I *_htnk in gnat case,
1 mean, you would have Lo dra.,, a lnpi -cal c"ricIuston if you r,cei„Ld
salary or remurcrnrion for dre':'ing cf tnc plan., I thtnk his judgment
could Quite well be impaired in reviewing his -.Tm pra�duct to see if it
complied -ith she Code. That's a rlsssic example. most of these rro-
ulc'n fall in Lhu grey zone. ,111 L'vc dune in this memurandut-i Is to
try tr ^;ve '_ne Couni-i -1 some guic -Ince as to when a conflict dons exist,
wherc 1,adCmenL 15 - _mpzired, _,nd when this memorandum should be filed.
There _s art,Lh'r classic case ,whcce a City Councilman was in full L7 me
real err,te. H,- wac i part Lime Councilman and a lull time real estate
brolkor .ind Lha matLer came before his Council. The contract of sale was
condtLicncd upon icrnnin{„ The qucsticn wi, eoul.l he vote on .t. Ti so,
r,, Tr— mnran,dum required. 4e11, he was in; ,i cn mts ;n^ dig ct1 °.
from ht- "ate ::het-her it wac ncccstiary for the mator vote or i -, in
1 h,IL (air, lie was required Lu f i 1, a mcraur,andurn, huL 1- w.i', '.L i l l per-
mitted fn vote-, And, which you ,et rn voting rnquiromonts nt pul,lic
AIL
When
meeting[,. and how a Councilman can absLain and also, as to
matters �' %� doubt l.efore the Council th;'s- three letter, of Complaint
I In L111'y vole •7i11-n, Lt1Cy 9re allehed LO n-vu pCrtion9 of our
res-larcn, if they file Lhe p! ,)Per rand um, they can
City Council lJaskshcp Pfeeting, `/14/81
All
Page -14-
vote on the issue shnw,n, the conflict in detail .ind Liling it in this
case with the Clerk of the City or under Chapter 236.012 they can file a
memorandum of conflict and abstain. I'd like to point out IL's strictly
at the option of the individual member. As far as legality they may vote
,1- Ion-, ,iS thCy file the memorandum. And, clown to the question -
back Le letters l and 2, the defininnn f anyone. I spent o fair amount
of time at no char-,(, to the City, uccsuse these issues invnlved here are
exu°emely complex. Thev Seem simple when you road the letters and how yo
proceed on and what the ans,�er should he and what point in limo you make
vr`trr decisinn. I found noLhing in pnint out anyone other Lhan, no ques-
Li,,r. in my mina Hie code was idopLed in 1072 - it wa intended to be as
wide pen a4 possible re- re,idt.112. al! the provisions in that - all the
orls in that se�tion - we have hasrcallv conplainL information, hearing,
result, ,1rd violation filed, ,lo an- taken thereon. So Lhe object here wa
If there ijac nL - ,,ed •aronedoing - it was t^ be taken to the Council and
Lho Council is suppose to tike some action tn�reon to resolve the matter.
i oarnphra:,ed here sornewhat, but dic' come tai i conclusion after all
matici -, are dr posed of - I mean pnndin; 1etLcrs - I have reco-nmendcd to
Lhe 'sin .I hev seriously consider adontinf the State Statutes on these
p ,rLs or point into more detail. The on", i r,rm. i left out, i -;r. Chairman
is the gnrstiort of procedure. C.K., my nrii,inil mem1rJndU1n - 1 su,gested
- micht consider, 1 believe in past 2 of Chapter 120 of Florida
.atich 1s the St-Le dmii itiLraLn" Codc, , rrr,hr,d of hr-'cedure
I efore th« ri ,s hoirds. That'-, quite formal. T attached to the
,,ccond memorandum thr' procedure befor, Lhe Florida Ethics Commission.
T s less Lcrmai. There you have �,,.o thresholds of procedure - one is
-,CU Wei,h rho conLCnLS oL r'3c leLtcr w t'n sufficient spcCitics. The
Ghair,iiau is Lhe probable c.iuse to Ro to Lhe next step for a fill] and
formal hearing. Thera Ls one other aroma in nur Code Bock and that's I
thr, rh.lrrpr, and 1 r-el, -fined Iram using Thai and thot_Is Section 1C` -1
w11orc:11 if dnV rletcber ,I the Coilnc.il is accusecl of m1 sfea- q,3nce, ci ^]-
feasan�c, r,r nor irasanCC, then 1 boIieve crimes of more perpetttde then
thr r.n Tnci 1 can cnnducL a hearinc. Tl,ev cln Inv out the procedure there.
4nd, quite frankly, 7 retrain from that ,area h au"e ,, all the various
Qther iLems which have ro application to the code provision= we're
nr ^kin- of hore, rhich i5 ,ti,ictiv underth, -EC hics ecr_nn. I'haL doos
�i ;roil %1;S'11 t(, tale .; 1001, .it th.:t. rhat- gives yr,U the two
t_ shouts ;t1 as ell, but i st.cycd ;omu hat ?tsar of that because
City Council Uorkshop Meeting, 5/14/81
Page -15-
of rho vnrious other Vll- opationn - all LhC' other issues involved in
that section.
Mayor Kiedts
mill, in your letter #; - the Ia,t four lines - you said Mr. Kiedis did
not file an writing or orally his position in the matter nor i5 he
requtrrd to do so. WhnL were you talking, about'
At'_,rn(v Brnnr
Oh, by that sir, I ca =, in of l ct, saying, O.K.. for argument Sake only
Mayor Klecli=
No - .lust - 7ust. - ahat were you ,aying9
grLnrnr\ lir.inL
Wh,1t I was saying was that if you had filed a lotWr stating your posi-
"or in writing
Mayor Kicul,
WhaL letter"
grLorney Brant
. s,iv. II vru had or some posit inn. That'., all I'm saying, Sir.
'•t.avor kacdis
'what letter "' rh'hat are• )ou now:' ily letter" Just explain
an simple words
�LLnYne� I'r.inL
I'm t.ryl -nIC to Sir
tf.av-,r i'iedr-
',fell, you'rc not succoedin_-
Ar'orne, Br —
I'm trying very hard, Sir.
Xe y,r Kiodi-,
liriuht. .ry again.
1t LOrne^ Bi ent
I ra pninucb out ns to the need of a respondent, alribht, you have the
i, n, t2 n t 11 l_Lter. Thn al I tines are ,adc• a a, I, ;U 'KICdjS
nn� ! maid if `4r. KiediS had responded - there's no requirement that ycu
d,- sr - -. 've gottar onto a further pcinL of procedurr -- then possibly
—u _ r,u'. �. h_!•.:• 1-+Cnn WQ the rnsp,��i denL techniclly, but I had, I mean,
Lh,-it .,i, r "t my authoriry to do I '.as trying to make a point to Lhe
,_-pnndent is neac:ed, Sir. That '0 alb No retlection or the Mayor
""n rr kieuis
You'_c W king about the allegaLicns or the implications of
,L,rn� Pr"rr'
Thn „yeti nl examplea, cir.
�d,:•.or k:u,L
O.K.. Cause I couldn't maf-e }leads or tails. i th'ught YOU were Lalkin,g
ahnut. I did write a to the Cit.: Clerk. I d,d write the conflict of
inLercSt t.hing which I thought was a bunch of baiogna; but I stilt wrote
it Lo fulfill tt within the 15 days.
oilCanuiLnin
I "ale a couple of Questions for In. Tirane. if you rerali rho initial
K, sc7ewsl.i
rintior we had after some disc scion. The Initial =Lion I tried to pi-n-
p,,.e ':,i t n . {ir_ ;Cu to pur; ue through .her vcr lc it ch.�•inci : a ;.i,lg-
9� ;� •
City Council Workshop Meet>nq, 5 /14/61
Page -16-
menu, nl,in on, ,r +ahetc%cr that trnrld aiLhe•r valtdllte or invalidate our
cement Ordinance an: that sc,mekhat mn.11fied to gu through a declar-
last 10
a :'y judgment h,,= s. i2nT -, from 1:hat I understand from that min-
utes of your talk. that you're _ell>nR me is that you can still go that
rout o h+rt t t ' t;�•izien E akr u5 € nn' m„ntlis.
Aherne. 3r,nt
rCh on^ req+i remert
M,gvnr FI edl s
The p1 ni on
1`tnrn�•v :;rant
Sir°
TI1n,r P:e,1is
Y,ui• op:na,n
Counc,_lm,ar
alai. , ,a1 t.
K1 SC lewd,]
Tia -r Kicdts
No, Tust lot me 1n.turr Lip t
At t..rrcv Br,nt_
Sir.
`favor hledis
o _ keep sa•.1np, Bill. Lhat },„+ ;nn'_ an opinion ',ut you're cpan-
111 r.atin^ th•1r i � ' s £nnni r -ikr F, „tr months. It m,1y Lake Eour days — t
mar *Lake tac weeks, three -,.pegs. Eour weeks — But you ss'. four months.
AOL
Aitnrnev „rant
_'m est Lnlating routsdc time, Sir. b1,ed nr
Tfny,r F1ed:s
e:i, ycu r] dr'L ,av th.3t. =a ct it ma,r take or it Could take four
mo th „ :ou Bald LhQ ; =c 01711 about the 1ttorncy General's npinion
-in,j the Attorney l' _ uprnr•�n ;-ne hack i*lttlrn about ti, -e CaI;s re-
,� 11ng It o.ac4 to t1,e u3 rd -,I TTcLZOn.
11,1 _nr:�ct 6c.�nt
Tl - thy+,.• dicn': ans-.ccr it, Sir,
i.3 or ., i,_
So, ;h,ch s to s11 -ou don', make opinions like Chat — I mean, you
trI Ties. _,rant
; ran onl,; �_strn,ate. Sir.
!^:aor 1, j
0 .t;., cshmatc rn1t ,4 nn sav rt fioinq to take Eour months
Co me ^i,,r1
._ pincer❑ with the -,e,_r,nd rart of this thing
Ruz ;us, - rai, Lea t, L?ar fv
Cnuncl Im1n
)c,r Cnmo 5_ck amd tinu saru 1t', conn.1 hke four mont -hs. My next_ uuest,on
T,t ,1r,.1s4:i
ilcr-c i qui +_kcr mGthvd to dclermane beyond a doubt c17aL
AtLcrn�_; B,.3nt
Theme i, not_, Sir.
CuuncIi 'l-
1 1 '1 r J c:- =1.I
11
1'31
C�t.v Courlc)l lVc)rkshop feeling, 5/14/ 81 Page -17-
ALt„rncv Fran
The tier t lr.,tc,ry furl} ;meat met h,d i•; the nnIY mnLhnti 1 know of a thin
point in Lime.
I - 3s 1 read everything theL W(I've },ad here. Ther,
Couty alir:n
,lc';, a= undersLanC It
Kis'i sl.i
I; -r yn ; el t"', that , n,imbers 1 .tad 2, that might be of fectcd nv that
n l a nt . I'. t )tat rt rc t
ALtorn,,l i;ranr
ihaL v; r.orrect. ;sir.
Cnuntllman
AS rnr as letter number 3 :s cn,erne,l, T have a question.
KisC?CwSKI
ALLorneB 9r.,nr
Yes, Fir.
unc,ln•rn
n Let_ er number 3 it ;,iys clear potential ". Those are the words
t'iselc s'
,•'s making the
g:otea t,T• ^ "t'. Scarola. floes clear potential mean LhaL' h-
charge 01 tnolr mtghL tro 1 h.atgc' - i your• opinion"
Utr Ync.. Rr,tnt
T tlnnl- r•nu rave „ lrybrid hrtwcen the tt* lhat -lie's making ,3 charge -
Lhrre mi ?ht he a cha --c - clear potential. i knot,, ; have upset the Mayor
wuh •;ome of W; legal lingo but, however. _K., you get the clear and
imvnnent dang,v problem. O.k. - what does Lhat mean. And so, in anst,er
to your auosr_,en, I think it's b,DW the ,cope - M4 between the first
:-Cu- St, ,,iron* - in other .,-,rd; - nciu-,11y naking a c`targe and an
inuindn charge by the lao,uage you rust quoted - it's inbetween the two
Ci u t`e1 LItian
wed i , L h c re 2,or I ,aid tla.tt i' t hat" t I cod 11ke Mr. Aldred d c +- to tht,t
„ .•iliin�: to •!t=c,iss an; one• ,{ so it em- in this charge or any of
Lie� k'Ltn_n M' C ' Y. T,uL Ln hav, Ll e thing aired out in the
rot: r sh ]us!- e ;,me "e think= tSiera'_ a potential and then dig
rat^ ,tll m' I I' 11 11 h1.1 '1710 . n,t1t 1 non'r thl:k is nr're ;Q,a ; -y.
YEI r ::r a' s
I ,rcc'
r _ m. cvn. '-Ill le ss the 17 C, 1S soclr t1, 1 Ct-, that la r` wants to prosen
sc ec -sl:l
L'J Y, hr•cov r. la.ac., it done
.1 I ".-,pL
Tr i uprern arid you, sir, y -Pre, in eliect, saying due, Lime, place
m- c l,; t- , what ynu
ur .. r
; ro. "om, right_ nn Ill( Id
kl 5,1 2,•,sr-1
tc +rni';✓ Gr.tn;
T p,,ir, h.it )ui to my m,'mnrtndum
JI- KL2e t--
l Lntla, -m want t, say something?
1
ELI"
� t4 3 Yea i t
Cti Cnt€nrtl llorkr -hop f1reting, 5/]4/131
•' r
Page 118-
1..,un tn.tn
1 gr;tcr ••irh hit. KI -,cIewski. ,ind hlr. Aldred. Anyone in this City or
rlurrrc
other, ;e who feels there hiG bean any •lolation- they have the right -
in fa_e, i fh =_nk they hive the chligatl -on to bring, It to our attention.
A, , I eel cm, s.arnc Lont,ght an I did the last rime 1 made the motion tha
wo,' Ilandtn our rr,'lrro°, 1_ hnmr•. hank \•ni1.
Cvybcd,.'s henrd. Ni,hacl
,,u�nLr i +t +n
1'•1 like Ce make OaC r nn,nt, th2ugh
];ise."..A1
ii.l r ht'd1
0.
C_LnClIm.in
Excu,e me. _ og"c thu iu th, case oS the third iotter - 1ULcr- 3 -
}'i- @le- sh -
that's i l>_Ll;e bet differmt because someone is char�tng us - correction
w0h '�OmP •���OnSn. W ih- gUOSLion of letter
numl-r 2 and lutLer numbs: L. as ? interpret_ it, there may be a possi-
bilit•; tnst tl,e ordinance that tndividuals are being
eh.-ce� trndcr - i- c-ollll. s ;; _ r,_, €, -,nc _rd:na€,ce Lhat
Ti= auotcd to Lhc third le'_Ler ,. a valid ,Iruin,rncc in Our CLLy, l
tnirk Lhorc'G a c €ifferencc in that respect n� far as seLting up a hearing
_ ,nc --ned.
fl- -e u ^de,-_,tcod Lhc - all of the let_e_ we hwe - eceived from the
Ltornt: gone7al - we WT an ard]nime on our 'woks tVon in vAia until
l`. _ provcn ctherv: e that if T ha,w, recd the inferm;Lion orreL'il-
knsrnie -i to us b,, ilr. Brint that cen it you i.er[ Le ,Celt .f decl_,�c : :ory
lu-"ww, it wtu]1 not he bwd"g. So, _ere are owl Thp ..., would when
SLiil b_ ial,d nn ___ bo,�ks _. Fall, Reach Garde„, as it '3,t-,.
","n", 17 n
7T,, -oe hold - ,, ,a Li e 1,r,1 d a he iring and �r wer 9:
w
I'm .c',dv lnr :. hcnrin� �omorrrw
.d
11.E
-,nrr r •u ,,Lk, a,4c, _ sn that we ask for a aeclar.._nry
idgir ^ -i rd ''.; ;a f €en ,n-* iVA Lv ,t vi Lc, c -1 f hroe to two.
" , - ,F'
iF„ •7r _ F,. '' ..caring
`.'hal - Ill,, m,itlo,n w, for Ilr. Brant to proceed in an
,t_tr7r1f t'. 2'Lt a ri SulL cf ,a dncln,a ory judgment
,._
thim we or, dr Sp cr,, nur- feet. 1 wart to get rid of this blot nu my
char- •ter.
Yuuil
City Council t+rorks hop fleetzng, 5/14/81
; i'rYor I le•dis
.. or+ n
,
Page -19--
1,c re all - that's great but when you stop to think Lhat the first
amendment of the COncLituLinn and the State Statutes almost very clearly
Stntrs that. you Know, a person can speak *whatever he wishes and that
includes you and Linda and ever; body e15e and I can Say without reserva-
tion th,cr rvoiylod% rn Lhrs - that h,ts evrr run for 01c� Lion in this
cr,Tlrnun ty - wheLher it be out in the open ur in behind the doors or any
Clacc else they have had assistance from Councilmen who are incumbents.
So, of you can get .iw,Iv with your c,rmpai nrn7 without doing it in ]public
thsL's whaL's hlpper d but ti-c, moment that anybody has heard of anything
ch'�n5e not to cale,nrt:ed with everyone else
?',h. You - I 'acn't ti 3V anvmuro.
" I tl -. Pra,lL another yues' -ian"
�•r�S. C7 r'.
s ,:n'�cr.tand it . the cur.ent _et of nrdinannes and with, supposed
`ha _ w, tinci them c ,n,r l t ut, ins i .,,,d under - as T n,,r.crst_ ,nd at -
'•tr .71r,3'1mum per t 'h;ct coLild bo -J sscs1, ed b} Lhe Council zitting in
r : : h. i c ac l c'. - would r , n rcrno, e t,lar n"mber from the
r_it
i ;n3rrmum' h..t's the other +end of the soccLrum' Haase
1 cn r he mayxmup, .ZS it hay. been presented by Mr. Scarola
t ILL reps _ ii 7, rc:•.
' on _•i„n tonsure, ret,r�mr�nd, ,� puhl>c reprimand — whatever : -hr Councz]
Cali C i�rr�-�•
X17, r,�mpli "_�� C, {Onr'Y.7 L]pTl
5`--_ - .,Ii 7'.n s nt; I,. I want to E,now whit the spectrum IS — what
f i `. } (_nuns i l Workshnp Ile et > ng , 5/14/81 Page -20-
:I�Iv,r i.t "d I,,
F,-ow / ro to di:imissal
Vice Mayrar
This is a workshop
Martina
Attornr,.
Ilr, Mayor, may I he heard, Sir"
Sea; of a
c ^
Lin - 01f 1� we comlalr'le aur, 1,3c;' - thas we've been hashing this
t!lnq ouL Lry)ng Lc do something - we're trying to follow ;,long the
q�ndcl tneo
,1t` oI ne
1'r s, ir. Far over a rnonth
r r o _.,
tS•o;or t,i ^r'
. S r1r. Brant has outlined to or and, us I said a few moments ago - the
n�ni�or• ,ua; made two weeks aqo or three weeks ago, uhenever it way, three
e.r Is _qc to hove - request a declaratory judgment and up to this moment
rn;l lei u; h s been _alai or done or any iuotion made to countermand that
Ihr oil;, 'piny Mr. Brant w4,s waitrnq wos for final approval of
h,ct 1 rticul,3r motion to proceed and I think we should either give him
t'nat or a motion to change whatever proce—_e ue wish to follow. Do you
have ,ny wish to rhange whatever you said, Mr. tlselewski'2
Attar € »}
i hsn'e a wish to be heard, Sir, before the Council takes anv action on
JC3-, nl:'
that matter
h9si,n; :;ied]S
loa.� mill he t,eard, sir. You will be heard when me are completed.
,ce iIgvcr
F\cuse me, Mr. Mayor, thi- is a workshop meeting and no member of th6,
'.tat car
pubr.tr h�,5 to be heard
rl -rear
Thrt_ is correct
AI,Ir,rnC.
f�•u c rr,e. it fill. I was invited to br' heard LonighL tad I was told
'
Iasi_ V -,I that if T wog here 1 wculd have an opportunit,, to be heard
iv'000dv
�tiorn -y
anrf I ,n;ist upon that oppurtunjty to be heard on behalf of my clients
uorkShop needing and Mr. flortlno 1s exactly
, ,rlht I i
�;Liuirel
';r;, Sir, licit vcu ex,mine your omi records of Vour me -tang 13st week
rnwnla
,ind �oll'LI find Lhcat T uas invited to hr here tonight for purposes of
,ddre;-_inn thi'; rouncil on behalf of my clients and 1 have crafted since
8:'111 to have that oppr)rtuntL} and I ossist upon it.
Yau`re not thc, onl) person that has waited here sins° `3:OU
Artr_�2i r.,
€ know, Sir. There are a lot of intere, -terf citizens
nl.,
..
m
'• ski''
13
['_I ty Cou-)r it hart:
-;hap H,-el ing, 5, 14/!31 Page -21-
,;,_1 votr leep ,In ^t, .,,r You to !,'eep quiet. You have not
,enn im,ater; to cF„ : The rtes, fact thtit you stand up and raise your
eau d c r Fn *,_t, •you r,- _,, _.., till -Itv Council meeting. T hope
L' „��I• z���.�.-
r� „, .!,,mot ,,. rr,.,;��,��n - T,.r l,_�. my cOknoletc trend of thou�Yht
. , r•, �JEIi_
-, �-,- -,( ti, Tit __ CFIn1T,L` -, JOI:- II16t1on.
tit ,-`
'r, -i1 - ` .III;`- Rb� - _ •'Ob! LI °.l_ •' I W:,S - I s t i I I feel_ tl[9 Way
s r tit• `,lr 1: I pct. =nti,i t of r��k'.,�n',_ r� ht� Ink)er ti,r
cl i�riticr br.inr- v_cJI;J -d 5v utir scan
e].jr! f v that bc•forr L,re try to t. 'kc san^
f-cl t'n,a'; I -L!<:c _,- _rr,,d WL' ;trL._ .,a,.ld'.,F.ri",T:I:,
a lblr
_r
rnnr, 'cvo req ;estF- 'ere. :r ,t = I ^ *• frc,, Dic': 'end T believe
frclr Tier; r nd`ur:. , r Ic that ghat
<ccon,l Iettcr
..,- ,•
. :1. ",� r I•r', r , - f ri ,, 1'hpb 'Jfl'tilr,
to, tJ- At!
r, -L_ ,, -, - � „_ - f,rrer lei.., c•rr fora i
t,r=r' I , ut i can't
! t .r „ clik,,,:,tcn to yo I'Gr a
_ r
_
-_ 1 ° _, Lr you •' 1o�lrin,; for ,,
dr-,j mlr,� t:ht_,t. her air
Th,t s cnrrcct
I, "r',r: r cl:na, tc
Z11
M
City C,,,.,nc.,l 'r,,-kshrp ilecting, 5/14/81
Page -22-
-hi- , 'fxr], j I P] -'t 111 of t h' .-Imc_' CT.11310'1.
'iiid so forth in orler to pursuc-
r ThO T—ml-r-., cr t C un. i'l , in lo1-111;' "Ii- "Iy 110mon-ir'dii-1, T
I—Int but r)t,(, tllllni". i mo.-I•, 1',)r yocur cods]-_,ration whr,rc'
0. Tr(? 1 0 i- e that t I L T, y] r as
:i;ric, to ;et around - _hot' w y
rcu ht i' b-,cl, tc th._- C,_,Lmcil to obtain a binding 0f•4niorl. i want vou
'C I j shat, ij I ;L )J, t h 111: j j ,I]r! D -, y()LIr (:On,-,jrIc'r,-at it-, - that why
T . ..... r' if
judgment i,i L,,Tl- way. Thi,-, prior else. The most the
C __i],l F)" tii,a'rI it'I'_I 71 non-binding decision
1-hr: cliLriir1 it - 'Ar. .'corola or any other
i a -,-, 2nt,rvEn_-o - It �,2 point time that tho dismissal -
mot 'lied or -iryonc- I would be affected
1- a yciu ,,Tould have probably within 30 -
T 1, Pl(_ now b-ISrvJ on what elrr talking
- -12 �u . . . . I v;a i 1 or n,,t :ijId. S ,T i,
T" t"'c .in e: e-eJ� a-I ti'-_n q„-S-L!(-,ned
irv, A-[d t,hrjl,'s 7 fr; -pre;: kited
In i
V
n' -1 otters e rd L,
one qr,.ci T�_ � s or
r_pinir)n •.7ritlten by
Why do
'-J-p ,Iiv do w ha✓e
-L,, . T -tr in ]ookin at the
't, it C)j F i , cnn i r� t - m(-
Thc C-d, c-, T
It tl -it'vLA 3,-, L)"Cur
, I "L. you (I'Irl trj-j1 «' the
f"j- n c -1
c to -yc7,,. person pc-'r sE, - if
Ocn not 5c tile same _
-
y _,j ly LnUU c PAS1 1.41. I 1JU i � cc'du
-[f' thr'r'] S •jny il1ci7Qd -IC ,,uff j ci ent,
-,ii::e` �',,-n the ql)estio, IS ;h•_uid th" COL,nc-,,l T:al-e rhr,,recf.
✓ , bottom 'DI, t'-Iat pr-_": ] sinn 2n my
r 2-na cr.. the s!_,,at•um is rxtr(?iieJ.y bro2(J. And, then 1 leave it op for
ru'k- _)r; the point. 7 mean, tnis
:
Caiti council Work,lhop
Fleeting, 5/74/81 Page -Z3-
- yo,,: naJO the no,.er to rule. This is merely my opinion in looking at
'ha 'fray the code is set up - what is intended - what results are to be
_,thieved.
Lctt.er 'do. 2, '•Ir, Brant - if you could ,lust be brief - it's getting late.
Lettcr No. ? ir,, sagned by an anonymous group, period
rrarnt
',es, Sir.
a or
1? S.he council rar,te i to it could drop It in the tra:3n
iarl.i ro
,t,�cr ^ � Grt:,t
iti,t'F: a °. corrccr, vir.
Lett_r - eery r,i ilar c-_pt it ha_; an attorney's name dour at the
,.1
bottom
mi research _ OK, in :�y opinion he gialif ,.s as a person
Sv�e :layer
He ;tIal-rfiee ac a person?
•]�rtir.c
Prrsun
i-ce a rot
o.: ahcu his -routi tnat ;;e rcpt sets?
1 -aycr
t *crr.e.. 3.-an`
ou'rr talking about princi,.
b`Ice ,;ayor
i",atIs correct. Croup, principals, whatever they are. Hhat's the
i�rt, Ln
�lifer,nce'? ;,:;ey arc both anonymous letters. One has a lawyer's name
tc xt rr ti,- botto-: and ornF no, nots:ly's narre. They both are anonymous -
r,re letter . if someb-cy Lr the audience wants to stand up, I'd Eladly
nia3 Leh?na :r,; '- c- iorandurj 1 :,,cep quoting
J1 c- F,—,-r
%,GU lxe p quorinr- at
`tune; rar:r
. . . . . . fair amount of ti ,s, 'Sir, and what you see is a
c�)ndenced version. Ut,:erw,�e, i didn't plan to write a book
T r, 7n't Enow law crs had conf dcntaality with clients
1,-jrt In
C l ^ sn
Zure jr,
V' rCL
710
. r-, l h,l
Cc do ennineers
tt_., ran
........ c�n_`'iCertlality, yea. Under c-.rtain conditions.
M
l"J
Pity= i,unc,1 horkshop fleet rng, 5/14/81
Page -24-
V!cc ;'a ;:r Wraid thr2 br• one cf the conditions?
tcoI'n r�rlt ?)ot nece wary- Nr. Scaroia's rositien before the Council have the
dtt, denting '.has based on the provision in the code. I've researched
tllt2 back4round, the history for this particular
CO'I,,� , ,,OVIIS_U�',, and t]`e yJr-.it]On '"Dew gUaJ1fy as a neroon. I mean
t;ut what, 1 2 uute to. Ther -'s a signature, there's an address,
t` ^]n', out in the memoranduri I find it
heca [sc rormaily timen a complaint is filed there has to be
- _i.ln_,n. point cf anyt'.,i -,f;. Also, the complaint is sufficientiy
Lc t,-,is .c iric l then, should tney be put to the test...... and
all of the facts. I see the point that you're trying to make.
:',�].) Oti•' ;U;; ^-. m,_,, �,Ir. r_iClt, Lut _ Ju3t z�in't - ! find It diffir-ult to Sit
[r lyre aril do =�I :rith anonvmous cer,piainl_ . And _T really don't want to
n ve t.r .eal kith anonymous complaints. I didn't run for the City Counci
real] -y' to dial ;_Lth ar.; of this stuff herL. 1 'm here to offer whatever
_cadcr. =t,ip I possi:ly hays on benalf of t::e res, dents of the City; and
tt,1s is nJthin¢ more than a witch',unt trat coul,l have been ^andled caring
course c_� the election. There was ample time for anyone to do this
-tiff. _. _i:•ctien was ov-r in ;;arc, and t'r.ese letters are ❑ated two,
�? ; ;, lrG�•t', aft:,r 'he election, it's olivloUs t1":dt 1t'�', just a
w[;:.t scmel,)Jd', is aft'cr o- ho. eS to J� neflt by Cr r P
cOini ti0n
diff C�.7it and I for rine rally don't even ;ant to discuss
�_� __ _ ]r:� ^ °. .i =,7: `✓� �,'t C[7 Liith `` ?e 7Uclness of running the Czt�'.
i ran i'or this office ... Th °t'S noiM1 i feel amit it, Sir.
can ,:a, ali ti,:. ti,o-_ usnt, - he can have :y tiF'1
:. , - [:z_c_ , r =,, d, , cu .:ant to do if unCcr ti,,� declaratory- ,judgment?
__I.._ ,d_ •rotes last tfnJ'_. a think that's the easiest
4 _ eu t i e y -'ur 1lruct _:n, mill. That emceed witn the declaratory
meat. You know, .e tali! about three or four months but we very
11 pr posed *wc -ico ,he .herif_ ,s uestion -- we sent it to the
,,up, ^3i1� C'r•ut•L and year. 3-t it resolved a situation that
proved a coint that the Cicy Council was correct in that case. However,
itust.cn r:ad beer taken care of prior to that time and everybody
urn_i _tit. happily. Nothing ,Tas done improperly. The one group asked
,r in3unctinn, they got it and it went to the Supreme Court and the
�rr�tl ia,�s vendicaccd in their rights.
ti�.'�.• � W -� h4 � i% 2iw J�'�. 4 . �_. � a...1�" �. �'�w_ n siu�'S.d -i�4� s.... ,.i .l-.. �!'t .l = .Sa> -.- _
Ccunc 1 i "onc�lmf f1peting, 'i,'14 / 11
Page --25-
icC ' L, ✓� r 1Jhatr_ver your pleasurc is
th'- s3enda. Are there any petitions and communications?
nnuu'o :: p. Jay I J -tst ask one question on that the very last item on i;r. Brant's
t ]It-Tr
cm.3t, wo ca77.;nFl Mr. Fr_ant``: -your advice 1,o us _ re;Qarc'r:
r talk _, 3r,nt's sz;:- •page
Upon conLIudlnC final action n?^ the above pPnd3_nF ISSues it is recommen
CC�1. ''Y'OVi:.]Cr? lei l:. sue Ci, j. -.11 _..� all [il^O)VLC]OnL on ethics in the
3_1-1c be c,r,-,dered atrendrnent to co.;ply only with statutory require -
r.n, AlriL'ht, I'-, _n the min,r it , but long ac I'm in the - I
: ar aa, ion-, as 1'v- L'ot bid`- cy ',that has been decided up here -
,n x recwl. _ som ^tatem ❑t on t;`r declaratory judgment ever, though,
Lt i;- net bl. ing - 'w ulc. that to a good guideline for us to go bacr: to
1 --il'A on i ma, ( tris : or mc'thinLL a i'1LLlc bit ca ^-icr to under -
-t'.ra _rd rc cur< the, -c l_ no confusion in the future?
1 rr,c, r nt idct n >`e ^ear! 1 Ma'am
that raricular polar
,i,:-'•J" ray' -i -i., _)Ll m -,t sdmil , E3 I tC73t i.1lc proC°_d'ure.- is -.dry `✓aCu? 2na tr,er'e'
t at a SC'11_16nce tr, it of ;ituatjr.ns like th _. It
does ?t cutlln'e tL� syaem of
.,�8` _c Cbrr.•,.,� .�lY That'? Wny I ad?�ri1.ltCaL].V^ prOC °�UCC.
- .n
- .-._Y,.. beat a �,er_ but I'd i?k- tr find Dut about
_ __ I _ -r ., nner -• _' - - -_ �c zet t` thi cleared u, becaus_
u; z.n the dr'r12rarcry judm:;ent 2nd I'd 1;ke to asr: li them' is
tr;?t :-r' can D�f 2 ctf =nite st3tement through you t'rcm
r omcr} Leta] :a, to whit the charges are if t:.ere are cnar�,os so that
rr L Up a heaf,in , rand /or if v7e earl sav if you dun' r- have any
ecif',,i chart sYe're Y 't going to set up a hearing. I, tnat possible?
rcjd th'L., t;ing, you know I', be happy to an °war any questions
_- - ne _ r frat i;, ,,�nri or 1.3aer with hr. Uca1rola r'ev9rd.—LrC the letter
�•L _ ._ - _ SL. tt]C_'"'C' �.'r; no C;"1w'i'F'�` -'U iil_;'?E' �iit�'1 ., ^,° worJ :.Isar ^Oten i lHl
doesn't say anything. L Lt po: "'able t') ask
- f„
m
;§ii. `t
/14/c J Pa;ae 26
1_���r�'�� Irani
:•_a, :lr.
_un loran
T Won't know :,ow the rest of the Council feels.
'•1a; V ':P-` L.,
i'vt- a . eady pleaded my case. I ,lust 'r,ope the next th.rnE isn't that I
pcn'cLLL. out oC thy' City Clcrk',; CfS'icc
If, �11 TI--1
.',e ' 1 , L dOn' l '7�l , r:t to do it on trj ol.:n but
_
1, y -
._ r
t'-', Lett r -nr; s! ck tired of this whole 7amn thin;?'
ills - J -u clec:r the air rind I ,,iouid like to see this part trouE,ht
,. -_o
t our y "s there _. a r gear char•-e
u• r ,,c i _
i_ this would h pretty >aJd of you had r,o respond to every on ,-: of
ar
a charke tnat's Been brow -?,t against ycu. I'll be happy to talk
t any` lore that. Car yv'a - 1 ,,culc n,-il e a motion if nt2ciessary or can
m2l;e a mot s- n
a rnrion
kn,-w. hog.; do you feel _t°
_°'uncil,o °.en
;'r.•,• d�r,`L _;��� m2;:_ � r,q•,�sY _ _. � haarir:,�
r,,,,.+ ,_ i' the Counci.i .., .n rjEr�e- I
l.o` ,, — fr ^r" ._ --lty back to Mr. t_aroia asklrg I
i'or° c f c ch -r__s = t�_ made and of, they are then made then tnat we
n ,Id a he&rjr'g 7n tnoze specif 1,: charges
ciar, Fs sno lld al.,o relate to how you have vioiDtcu anything
'_ u, ".'�� c.,
Ti�ar, ,,,v,af, T`m ,ay�nr; 1'irc ch`, ,_, ;t•��t ;,�U rave vloldL� ^d �;c2us? tru �
as, in .. case lctezr number l or letter
l aon't have any interest in it. My conscience is as
Ibjr,u , roc clear ,., E, pane c£ Ma s Sc) I don't concer ^n �ryse7l� with it.
_._. flea it"'m on t1),
JrP_
ri:ink !t`�, donc. I trig;': we E,otta r,et - r.�c ^ncus ci tnc
City Council Workshop Meeting, 5 /14/81
J
n
E
Page 27
Mayor Kiedis Alright - I agree with you - whatever you want, to do, Don, I don't care.
How about you? I'm tired of all this
Vice Mayor First of all, I sincerely invite Mr. Scarolri to take up residency in this
Martino City cruse he can certainly help us witn our Ordinance Code
Mayor Kiedis Just
Vice Mayor Sedordly, I don't
Martino
Attorney
You want to invite me to speak, Mr. Martino?
Scarola
Mayor Kiedi:
No
'Dice Mayor
I'm sorry, ,1r. Scarola, 1 don't have the gavel. - i - as far as Don is
„artLna
cnn-erned and you're referring to letter -,3
Council, an
Letter 3 which .isn't covered under
,Vice ilaycr
Rignt. If somebody in the audience wants tc step up and offer some
Martino
questions to me, I would be glad to respon4' to them. I see very little
in tnis letters. My conscience is clear. 11 there every any question
in my mind about a ,judgment that I have to make can somebody I do
business with I have made it a corr,n,on practice and anybcdy that attends
Council meetings full well knows that I put a s��'emen:. into the record
and ask that the recora maintain that statement througnout any delibera-
tinns t1,at may ensue with that particular 1'Lcce of business. It's a
common practice that Mike [ °iarc�inu has always had and will always follow.
I am a retail merchant. I do business with a lot of people, and I invite
all of yew to come to the store because that's why I'm in business and
that's how i feed my family. I hav,. nuthing to bile.
riayor ;:ird,s
Than.' you, l,;ik`=
Vice ;Tayor
And, I'rn ready to go home
,Martin)
Mayor F:icdjc
We'�c trot one mure Ltern on there - ?etat.ori: and Comuiunlcrl ions arid,
John, you have any?
John urr
No
Cit, Xa,tager
ilayor Kiedis
Linda?
Councilwoman
No
,Monroe
Nayor Kiedis
Don?
Councilman
NO
Kiselewski
City Council Workshop Fleeting, 5/14/81
I]
C�
El
Mayor Kiedis Me? No. Mike?
Page 28
Vice Mayor
I don't have anything
Martino
Mayor Kaedi,3
Mr. Aldred'?
Councilman
None
Aldred
Mayor Kiedis
Now we'll g2ve you about, 11:40, give you 4 minutes, Mr. Scarola. .Just
a moment, Sir. The meeting has been covered. The direction has been
given to the City Attorney to proceed with a request for a declaratory
judgment. At that point, there's really nothing more that can be done
regarding this administrative hearing until he gets a response from
Circuit Court or whereever he has to get it from. And, I would ,Just
beg you indulgence to mark time and wait until he geto a response on that
Because we can talk here forever or you know until 1:00 in the morning
�,oing to accompl,sh any ir,..,! than we did. I think
we're quite exhaustively went through I•ir. Brant's a - or he did rather -
�,.is brief here and 1 think everybody is reasonably satisfied that they
u:�derstand what's going on. So, if there arc no objections, I would
t -isk for adjournment, otherw7.se - 'rdiiat's your name, Sir.
Attorney
Excuse me - are you given- me my four minutes t, respond to rr. Brant's
ScarolQ
ni ,e pages
F.a;or K,edss
Hold Lt. tcu've ne,�er answered my question, Sir. 1 asked you a question
if _;ou wanted to talk and you didn't say anytni.ng.
Attornev Yes, Sir, I sure do want to talk because there is something that can be
Scarola accomplished, The people of this City can be informed as what a travesty
you have just committed.
Nayor Kzedla 'ghat a travesty?
Attorney :carols I'd be more t�.an happy to speak........... about that.
P!ay,)r Kiod3s Look. You will speak as a gentleman or else 1 will ask that you get
flack to your cent.
A torn. Scarola Sir, you can cut re off anyi-ime you want to cause you've got the gavel
and the Police Department do;�mstaLrs. If' you want to throw me you can
throw me out anytime.
r"ayor Klodis Very gocd. Very good. I shall. Alright, you've said enough of that -
just give you the f- -,r -.,i_iutes
City Cuuncil Workshop Meeting, 5/14/31
Page 29
Attorney Scarola
Yes, Sir. I'd .like to observe first of all that I find it extremely
einteresting
that you're so fast to respond to the charges that were made
in letter number 3 and so quick to case a self - interested vote to avoid
responding to the charges made in lc, or 01. If, in f ;rct, there has been
au unprecedented dLvision on this Council caused by those charges. If,
in fact as you all,ged there has been an unprecedented diversion from the
proper business of this City as a result of those charges then the blame
for those facts, sir, rests squarely upon the shoulders of those who
initially committed the ethical violations and subsequently refused to
confront them directly. With regard to Fir. Brant's memorandum. He
suggests in his memorandum that there were two alternatives considered
and in fact there were three alternatives considered. The third was a
,otter to the Attorney General and quite interestingly that letter has
never been made a part of the public record in these proceedings. The
Attorney General, in fact, responded to Mr. Brant's request for an
opinwr,. xr:u to -� Attorney General saga and I will quote directly from
his letter
rlayor Kieais
it's really not necessary. We've received a copy of it
®
Attorney Scarola
Yes, Sir. I know, but it's necessary for the people of the City to
understand exactly what the Attorney General said.
Councilman
Then read the entire thing
F. IsF"J -,w 1. :1
Attorn "y Scarola
He said I observe that tn,2 lcrgality or validity of the City's Code of
Ordinances is a judicial question and thus until a Court rules otherwise
the Ordinance in qurstion are presumptively valid and must oe given
efi'oct. fIureovor our office 13 without a requisite authority to rule
a city ordinance invalid. So, option number 1 is out the window, let's
go to option 2
;:yor ;1::dLS Finish. Finish what he said would you please.
faturne5 1-;carola Yes, Sir. 1 think he said sincerely yours,
i1 yoz r u_�ir did hu rofur 1,r,;
Attorney '_ =arola rlc sayo I trust you will understand the position in which this office
is compelled to take in this mauter. Sincerely, Division of Opinions,
® Anne Curtis 'ferry. Wow
t ;ayor ii-J -Ls You diar.'t fin]sn
Attorney Scarola Well, Sir. You can use your four minutes after I use my four minutes
City Councii Workshop Meeting, 5 /14/81
Page 30
Mayor Kiedis
O.K. You're fast runnlrg out of time
Attorney
Yes, 1 understand that
Scarola
1,,avr)r Kiod s
(D. K.
Attorney
The option is whethor or not this body is authorized to seek a declarator
Scjrola
,judgment and Mr. Brant throws up a red hair and he says cause I never
identified my clients we don't have anybody to sue. Well, I could give
you fifteen names and you still wouldn't have anybody to sue because in
order to obtain a declaratory ,judgment, you've got to have a party with
an adverse interest. My clients allege that this Ordinance is consti-
t,-itlonal. rir. Brant is obliged as Attorney to this City to take the
po.,i:io: that this ord�.nanc�• is constitutional. i?ow can 'r,e sue my
c7.ientc and ail,-,-e .ern teat, action that they have an adverse interest?
Because they d_,n'L. Yaa can't obtain a declaratory ,judgment for that
rcazorr an:i .,,r t'nc lurtr:e: reason that the supreme Court of this State
in the opinion cited by i;r. Brant in his memo says it ,lust can't be
done that way - ,they're not ;,ping to issue advisory opinions. And, it's
doing to take you four :r,onthS to get to the Circuit Court and the Circuit
Court is goinrr to tell you that and you could appeal it and go to the
District Court and the District Court is going to tell you the same
thing and ycu can appeal it from there and after a year and a half at
the Supremo Court and the Suprer:: Court is going, to reaffirm the opinion
they issued in 1959 because there is absolutely no basis whatsoever to
change that opinion because It is not the business of the Courts to
give advisory opinionf, when there is no adve se interest before the
Courts. It'a a very basic principal of constitutional law as embodied
in this State and they're not going to change it because you, sir, want
to avoid huv n, to respond to the charges in this case. And that's
,hit it's all about. Now, I coula go on at considerable length with
r,,3pcct to i.r. Brant's memorandum and his examples about a retailer
d, es _ ilOc orLh of bu:;ines.� with somebody and whether or not that
c r ,tttutu; ,r conflict of 7ntc,ri,!ot. DUt, jet me ask you this, Sir, what
if that c,�;ne retailer Ccuncilman is doing a $100,000 worth of business.
41ouid that sane wom_in who appeared before the Council asking for some
® action on the part of the Council. Don't you think, Sir, that's the
kind of conflict that ought to be disclosed. Perhaps you don't. Perhaps
you're the kind of person, ;ir, who doesn't care about those kinds of
conflicts of interest or disclosure of those kinds of conflicts.
City Council Workshop Meeting, 5/14/81
40
E
Page 31
Vice Mayor [ vould you like to make a charge and put it into the record?
Martino
Attorney I've made my charges with record, sir, in writing in black and white
-arch
Vice T;ayor 'They're very ambiCnous just like you're statement. Thank you
lirt., no
Attorney I"hank you very much
Scarola
MAy.)r Kiedis Thank you. Sir, what was your name, Sir.
Attorney
Ply name is Richard Groner. I'll lust take a couple of minutes. I do
Richard Groner
of 'N yle, Jones,
not represent or am not part of this Mr. Scarola but I certainly must
lanir31: a
advise the Council that I share his view about the advisability of a
de.:lar ,,tory jjudgment. Our's is an adversary system of ,justice. If
:.cmebody runs l,rto you, you con sue them. If' you have a dispute about
a fence in your back yard, then it's John Jones versus Dick Smith.
3 A 'when !,r. Pram :.it-- down to try and dra, , declaratory, a complaint
for a declaratory decress he's uoina to have what - the City or the
Council of Palm Beach Gardens a.�ainct - there'~ nobody or. the other
side. It's just not the way to go about it in my opinion. And, I
think that's what Nr. Brant pointed out in his memorandum. she Supreme
Court of ",he State of Florida . . . . .. . . . ..
Mayor i ieuis hank you
Tcnanulman dased upon what I'vc here here, Mr. Brant, would !�ir. Aldred, Idr. Y.iedis,
Yiseleti:sr :i
and Pirs. Monroe find themself in that position to be that adversary
Councilman No, I think the lavf is fine.
P.Llred
Coup ;1Eat.n G;clj, I'm caking whether you agree wit}, she charges or not -
{.i AlesVski tnat's not the poiLnf, Mr. Aldred. Ts that the adversary you're talking
about? Ur, can John L'ru�,rn stand up and say, fur example, can i, Don
K- LselewskL, private citizens, stand up and say I thin',: that law is wrong
and challenge it?
You as pr,ivatu citiz,�n? No. That won't work either. ,li)at arc you
t') d'r, _•uc th Katy vi' Palm Beach Garden,;.
Counc.iL =»n Y,7
hiselel;: k L
® fit'orn-Y _ronor 'fou arc, the City Of' Palm Beacn Gardens. You're on the City Commission
Councilor n ido, No. That's not - Forgc-t rne. hly next door neighbor.
easelesrsLi
City Council Workshop Meeting, 5/14/01 Page 32
Attorney 3rorer Can somebody else do it?
Councilman Yes
Kiselewski
Attorney Croner I don't know what their advcrsariil intere�t is. What - then, you
know let's
Councilman Well, that's the reason I specifically asked
Kiselewski
Attorney Groner ............... I frankly don't think it's going to work. I do not
believe and that's exactly what the Supreme Court of the State of
Florida said in that ca.e. You can name the State Attorney as being a
representative of all the citizens and you still won't have it done
- the way that the law of the State of Florida requires
Councilman Mr. Kiedis, Mrs. Monroe, and Mr. Aldred are the ones that are being
Kiselewski
charged under this law which may or may - bn a good law or a con-
stitutional law. Are they not in that position?
Attorney Groner No. Not for a declaratory decree about the validity of the statute.
® The way to go about it is to have a hearing and then let somebody con-
test the constitutionality of the hearing. That's the whole thrust uf
that case in Mr. Brant's letter.
Aayor Kiedis Well
r°.ttorney Ironer And that's the lair of the state rignt. now
Councilman I'm afraid that our legal counselor nns told us to Fo one �,ay
Kiselewski
Attorney r,ronar Ot . O.F:., I tnouL ?it the: was what his memcrazidum said. The rrcrent
law of the State of Florida says that you can't do it that way. If you
want me to make a test case out Of' this and Lry and overturn that
predicament, I will, but I also advise ye,z that for the past 25 years
that's been the law of the State of Florida that you can't do that.
Isn't that right, Mr. Brant?
At,tr.,rney Brnnt
Nayor Kiedis
Councilman
is i se l ews'<i
Mayor Kiedis
ThL ca ;c ha,, never been overturned as I poLnt'ed Cu;, to tk:,_ Council,
That i-- correct
Let's not got into this
All I gotta say is that he said it a jot clearer than you dzd, Bill
We're going around and around What did you want to say, Mike?
City Council Workshop Meeting, 5/14/81
WO
U1
Page 33
Vice Nay m
I just want to say, Mr. Mayor, this is a workshop meeting; so we can
Martino
conceivably give direction
Mayor Kiedis
Yes, we could talk to everybody in the audience and I think
Vice Mayor
This is the first time we've gotten znto this much detail.
Martino
Mayor Kiedis
It's 10 minutes to twelve nou and I thank it's about time.
Man in
I ,lust have
aud1e ncl
Nayor Kiedis
Just one fast one
t•;an in
I'm not a lawyer, O.K.
audience
Flayor Ki--• its
ourray, ;o ahead
Man in
So, I can't oo into all this. But as a concerned, a person who gust
audience
cane to s_c •,�iat was F,oing to happen tonie;—, it seems that Mrs. [*Ionroe,
Mr. Kiselewski, Mr. Aldred, and Mr. Martino have said tonight bring
the charges to me - let me answer them. And everyone has been cut off -
you ge for the declaratory judgement with which noone seems to agree on
or says its us,-lass, it'll take four months - why not bring it out a-,to
the open like everyone seems to say right here tonight and get it
over with so the Council can go bacV doing what they were elected to do?
iedis
Threc votes .were cast two weeks ago to ask for a declaratory jud3ment.
But there's nobody to come forward on this thing, see. So, I think
we'- ✓e hashed this thing over enough. The City Attorney has has
direction and, hopefully, instead of four months, it " I be four Jays
until he comes back with his result and then we can go on about the
other. Could I ask for a vote
-dice Mayor
I move for adjournment
Tear` ino
: -ioyor K-Le,Jr:,
S-eond? You want to second the adjournment?
Councilman
I guess so.
Kiselewska
[ -;ayDr K edis
All in favor
All Members of
Aye
the Council
ADJOi3RNNENT With no further business, the meeting adjourned at 11:58 P.M..
ATTAMIENT "A"
C"1% i•,< ^,n r •- _ Jong. Orr:
}' 1 3c :ch .i7J• n City 11
itr'ry Tr�:il
Z- 60/V
a7c rc,u_, o`' cti�nccrnc'l eit) ^r_nr-, whD 11 1cc° to brie,.; to
y.,ur nLivn 3,1 c•. ant ir;tproprictjes' In th_' con_luct_ of thc' city'...
_,:cunt municipal elections. Pur:,u�int to th'2 provisions of i,alm
ac.lch C,aracn`, CO -i hrticic V1, Scet)on 2 -107, wh�rC-. it states
v city o f iCiL�l i:. acting in vloliativn of th^_ City's Code,
of Iah Cs, inclividaals should suba,t sra:rrv- to the City ; ana,:er for
action, in Sacc'Ion 2 -103 (a) of th-2 City's Cone of Ethic; it
rel<ltcs in dart
councilm�.n in a con tinuinq term of offiery shall tole an
zlcttivc part Ln, solicit for or make contribution; to a caty Politict;l
r -:I 'i�a x gn.. .
in violation of that section, City X an <a Z- :onroc took
n active part in and .sot i citcci , u1 wort for th_ ce,r ;di'3ates of
Richard Aldred ar)d Ro)kert Langsfeld. The activ3tios of Councilwoman
Monroe incli)ded but were not limited to a campaign of telephone
`,oliuituti.oIls, literature distribution ,:n, verbal endorsc-Ir_nt�,
all promoting th2 candid =cy of Ro'b::rt Lan, .fell. Still furth =r,
<<- clr ctzon h_ aaquarters th•= fir,al runoff elccr-,.on result:;
�.cre counted, Councilwoman ; :onroe wLs oa. orved a<; 1 ;.Cing emotionally
ov,lrcol:e to the point of tears because her candidate had i--sen
defeated.
I .1 so in violation of this sag C section was Courcilry :ni picharO Eldred.
i;r. 1.ldrc cl cngagiad in telephone solicizatiens an3 verbal en =orse_
rn_nts of cardidatc Rolasrt -Tangsfeld during the- munici_-�nl runoff
elect—'On. Still further, it was obvious that during the course of
the recent past City election Councilrrman Aldred conspired with
cz,n3i` ate P.gb•IIrt f anq ,fcic3 rQgarding sign placc:rcls as each produced
signs that wcrc- idcnticcl in `:iZe, etc., exccpt for each other':,
11Cssage. Still CurthGr, Councilman Aldred, Canlidate Robert
LE,ngSfeld a.ncl p st CouncilM an Sar,luel LeaU_ic- were cb:;ervcd at thv
politacUlly -- ir.s, xrc =c, functions Cn�Or�,ing cuch u
othr'scanaidF cy.
Also, Councilman 1,1drod, Can:lidatc R.Dbert Langsf_eld and mast
Council,riDn Laur,c delivered literature to our doorsteps stapled
toaethrr as ore pz:c %;age.
WC furt.hcr arc: concerned that our recent Past- l:ayor_, Dick
publ i cl y, p,-ivatcly <:nd any -which -way he could endorsed City Council
can] -Ld_tc:> Rir_harc! 7.10rcd, Rol- rt Lan,r:,fcld ara Sa,-Iucl Lnurie.
rr•,ntarn tnat "contLnuinq term" juet th.'.t. i� :,, I., C! y
s n c7r ctca oif)ci.a u. it thu ,nu= ))ciPz:l elcctio:, r""ults
E
1.
C'iI ; c "_ TL, "in Cl
Fc.ae 2
-- . i:ey also displ yc3 tti-) IjL]cZ:l :,�It,eZ.,r-_ S 0n hi..
for tv,,, of the and was active
:� tcic:p o:._ _.o1�Gitrtaons endorz ;3r:q sr.�o' c r;iidt:tcs,
lc i also notes_ thnr the Preside k,t of the, Pala beach Sardens Senior
Lyol itict•lly cnc3orsEod Council
c .. ,i3otes acre, rd Aicarud, itoturt Lan:x: vela an? SL:r,-ol Laurie.
i'n =r,< eninrse :entc rio_% ared in th,_ newtiG,aFµ _ as "' "1'_ as on
c,—,ip�rign literzturc,s, His ho:re also h.a'3 P01 cicnl plccarus
3i_:1�yGd on his lawn.
..e ex" ,2ct and dcmanc`i that this complaint forwarded to the City
council for actaon as provided in I- .rticle VI, Section 2 -106,
which provides that Code of Ethics violations conFtitutes grounds
I
or rer,,oval from officca.
Very truly your.,
1, Concern:-,d Citizr.ns Group
® cc, 1-, -,yor John Kicc ir'
vice r -.aycr :;iYe :,arta no
Councilman Richard Aldred
councilman Donald Kiselewski
Councilwo:an Linda Nonroe
City _•ttorn_y ,,illiam Brant
q*
E
El
''ATTACHMENT V
1 1'1 !'V• \ "1
+ ,I f +' \V 1•.11:
1 I:,' 1'Iv im
JI I I FI
IAIJ N L\I .11:
GI U]'� •' f X11`, I1t `�
RC,1,! Dt ,an1 Gcow a,m
JU`,I NI J RI nI H
1:V_ 11 V L I' VC AL' 11I
C'I ty Nan,l(tCx John 01-1:
f.tl l„ tir,1C L C lrcl 11 t, City ii,lll
11. 1•1113 L-al-y '1'x:111
P,i l rt Twach C., r c',c n 1`102-le-1
V,
may 3, 1080
bay t"%vrj
Alum"
D t - 1 3 1 q t he c - rnlrsL' n1 3 nvc'-. f I c;.l I i c,. j 1,1rr, I,� It t r•' conCer11 i ncl my
prim .orrr;l:•unc ;ulcr- of .,'ic!1 24 19.1, d , ,:iorial eviclence of
e"1)Lcr,I violatir>n : on t1, c' i`_trt- o C I Ty C`oul cII hers hs; be ;1
1)1:nu`?llt to rly at tr r,tion - Accord', i-,- I , purs',i '!it to the provisions
Of l'rtll'! i', 'lull C rcicn', 0) 6lr,_n," . •i, 1`17:', �'1, 3 -2 -72 as contains;;
Iii t',IiPI ? >c•.' iI G.1:-ci'111 C(`-i -', i,rt3:1. `:1 2-107, thC• >=ollot:il,q
jnfc,Irl It Io;) 1', `.i'1'nu t tk.l IC, �'ou fore 2- (7,(,(! 1nr'ICd.la LC, ly to the
l'•tlm 11, ac-11 C,:, Ct' •nt• CI Ly CoLl',cr l act 1 oil coics 1st L'nt with the
I - ovistnn . n City c'o,Is,, i�rtir_I \'i, Sec L 1o.i 2 -10G.
fiuhr,c( 1(m W or t1+" , code W i;Ll IC4 prWrous that:
NC) c)Fftc•ial or ITIq .loaCe Of th • City sh,zlI accept othcir
cmi)loynu!nt 1;11ic}t miclht tnll,air h'., indencnC[c'ncc• of
_ludgiq"nt in the P ^rCorrrtrlcr of his puhl1C: duties.
Collf`_,11y tci this, cq:pms:: prol,cl)1W,_i, I tlp,wrb that Cotlnc111m)
(°(111., 111,1r Liilo ,I lr3 1;1 ;oIr.,::, }.i h, I, ;III in 1) rivato clp..1oy-
Irc;it %111ch hr:s a cloc:r potc:rlt.icil of i1'fl_uer•cincl them 11 the discharge
Of th ",I 1)llbl',c• chit Ics. Spc'cif)caily, Coiulcilman I:aeCli :rts
rl,lployr�d <ts ,I rc,ol Cst:at^ .,,Ilr,sm::n I,y prLv.:tu interest:; relicinL
up•;n Fhe C, t" Counc 1 ? for thct r r,c(J';or1I_tc ,' :\,,tl,r; •m nt_, courlc`3 tn; In
1-1 r) 11;3°. ,,cl lttc- t- tivc Co!.trclttu, -11 1 l lLiOnPhIpb 11it_h v,ariou'_:
iev(,loi++• I- t, ) c - t iv,' w i l 1 1 1 n Lhu C i t y of t'arin Beach Gardens. Counci Wan
Ri,rlc,: +,l:I 111, a hur,inr:,, relat3ors ?ilp with Lhc developers of
VIII;Irw Ilcn,1 •• W�Ihui the C'iLy 1i11.L',.
0
F1,ry 1, 1981
Page two
Not only ha%'C' Ilrcr,c burini.,t; rc'lation> hip 1, r ~;lintaincd in
v i G l r l L i o n of Lhc C l l y ' s ; Ccxlc• of 3: 'lic3;, bllu 111 c• i.nutes of thr C) Ly
Counc i l ind i CEI Le tha L no v r it Lun i,--rrIoran do disc] asi nci conf 1 i cLs
of inter :;1. IF; reduirnd by P.ioricla Stat.uto x11:.3143 hrlvc ever
been Pled by Counr.ilhlan Kicdi;., :;:rr,tino, ar l:isulr:s }:i.
On bo}la11 of my clients, I dem7::d th¢it this complaint be inmediatcly
fol- %�arclod to the City Council for act ion consistent wi th the
provi";aonss of ralnl Beach G�lydens Code, Article V1, Secti.on 2- -106.
Very truly
-r � . 0 / :)
,1ACR SCARC)
7S /db
cc, Mayor actin 1•:) CCl i s
Vice Vayol' ?1i ke Martino
Counci Irlan 1�ichrircl Aldred
Counci lean Donald 1:i selcl s'
Coll nc 1 l.N701717 n Linda INon� -oe
City AtLorney tdill <lr Brant
State Attorne} David 11.
hf0.VTG0,%ff:'R); L }Tll_, RL'MY]?
YROr ESSION.V. ASSOCIATION