2008.12.05_TC_Minutes_SpecialTOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
SPECIAL MEETING
Friday, December 5, 2008 1:00 P.M.
Mayor Jim Newill, CPA called the Special Meeting to order in Commission Chambers at
1:00 P.M.
CALL TO ORDER:
Roll Call: Members present: Mayor Jim Newill, CPA; Vice Mayor Miriam S. Zwick;
Commissioner Doris M. Trinley; Commissioner John J. Sorrelli; and Commissioner John
J. Pagliaro. Also present: Town Attorney Tom Sliney; Town Manager Dale S. Sugerman;
Town Clerk Beverly M. Brown; and members of the public.
Pledge of Allegiance: The Pledge of Allegiance was given, followed by a minute of
silence in honor of members of the military, both living and deceased.
Civility Pledge: Town Clerk Brown recited the Civility Pledge for the Commission and
public.
1. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA
• Agenda accepted as presented.
2. PUBLIC CONIlVIENTS AND REQUESTS
• None
3. NEW BUSINESS
A) Selection of First and Second Choice Individuals for filling the position of Police
Chief
Town Manager Su erman - A nationwide search was conducted for the position of
Police Chief. One hundred and five individuals expressed interest in the position; all
the applications were reviewed and there were 26 semi-finalists; the Commission then
Town Commission Special Meeting Minutes
December 5, 2008 Page 2 of 4
ranked their top 10 candidates; out of the top 10, one withdrew his application; oral
interviews were conducted with the 9; the 9 were then ranked based upon their oral
interviews; before the Commission could interview them an additional 4 withdrew;
earlier today the Commission individually interviewed each of the 5 finalists; now is
the time for Commission to conduct a ballot or ask any additional questions. The first
candidate to receive three votes will be the Chief designee. An additional vote will
take place for a second choice in case the first candidate does not accept the position.
Ballot For Chief of Police -First and Second Choice
First Choice: Craig Hartmann - 3 votes
Paul Kiley - 2 votes.
Second Choice: Craig Hartmann - 1 vote
Paul Kiley - 2 votes
Michael Roy - 1 vote
Lanny Wyatt - 1 vote
Craig Hartmann declared the Chief designee
Ballot for Second Choice
Paul Kiley - 4 votes
Lanny Wyatt - 1 vote
Paul Kiley will be considered for the position if the Police Chief designee does not
accept the position.
Town Mana er Superman - A conditional offer of employment will be made to Craig
Hartmann subject to a physical, drug test and a positive FBI background check.
Mayor Newill -What is the salary range? Reply -Advertised up to $104,336.00.
What is he looking for? Reply -Within the maximum range.
MOTION: Vice Mayor Zwick moved to offer the candidate for Chief of Police, a
salary between $95,000.00 and $104,336.00; seconded by Commissioner Pa liaro.
Motion carried by a 5-0 voice vote.
Town Mana er Su eg rman -Are there any other specific terms you would want
included? Mayor Newill -Feel strongly against providing a car. Comm. Trinley -
How about mileage? Comm. Pa lg iaro - In lieu of a take home vehicle how about
a gas mileage allowance? Mana er Su eg_rman - As a city employee they get mileage.
Do you want to offer him a vehicle allowance? (Agreed)
MOTION: Commissioner Pa lg iaro moved that the Highland Beach Town
Commission select Craig Hartmann as their first choice for Chief of Police and Paul
Kiley as the second choice; seconded by Commissioner Sorrelli.
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December 5, 2008 Page 3 of 4
ROLL CALL:
Commissioner Pagliaro - Yes
Commissioner Sorrelli - Yes
Commissioner Trinley - Yes
Vice Mayor Zwick - Yes
Mayor Newill - Yes
Motion carries with a 5-0 vote.
B) Annroval of a Proposed Settlement in the Case of McCra_y vs the Town of
Highland Beach
George Rusty Roberts -Attorney representing the Insurance Trust; I have previously
discussed the law suit with the Commission, and as I previously advised it is currently
set for trial. Since we are currently trying to negotiate a settlement, the trial has been
pushed back. Ms. McCray has already signed the proposed document. The monetary
amount will be paid by the insurance company. For seniority purposes only, the
settlement also includes changing her date of hire to 7/15/07. In September and
October, two other offices were appointed before her on the recommendation of the
former Chief of Police. Recognize that this might be subject to a grievance, but she
agrees not to appeal it if the date is changed. This amount also includes all attorneys'
fees.
Mayor Newill - If we do not agree what would happen? Town Mana er Sum -
While I can support the settlement: 1) Cash - $192,000 and 2) Retroactive hire date to
give her greater seniority over two officers hired before her. These two officers can file
a grievance. If we deny the grievance it will go to an arbitrator. If the arbitrator agrees
to return her date of hire back to the original date, she could always go to a court of
competent jurisdiction. If we do not accept the settlement, then the Town will be liable
for all the costs of any future settlement. Attorney S1ineX - In any settlement, no one
receives what they want. Recommend that the Town accept the settlement.
MOTION: Commissioner Sorrelli moved to authorize the Mayor to sign the
settlement agreement with Deborah McCray; seconded by Commissioner Pagliaro.
ROLL CALL:
Commissioner Sorrelli - Yes
Commissioner Pagliaro - Yes
Commissioner Trinley - Yes
Vice Mayor Zwick - Yes
Mayor Newill - Yes
Motion carries with a 5-0 vote.
Town Commission Special Meeting Minutes
December 5, 2008 Page 4 of 4
4. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED
AT MEETING•
None
5. ADJOURNMENT
There being no further business to come before the Commission at this time, a
MOTION was made by Commissioner Sorrelli and seconded by Vice Mayor Zwick
to adjourn at 1:35 P.M.
Attest:
Beverly M. B wn, MMC
Town Clerk
Date:
APPROV ` -,
Jim N ill, CPA, yor