1992.02.18_CRB_Minutes_Regular TOWN OF HIGHLAND BEACH, FLORIDA
CHARTER REVIEW BOARD
REGULAR MEETING
Tuesday, February 18, 1992 10 : 00 a.m.
Chairman Ray Murphy called the Regular Meeting of the Charter
Review Board of the Town of Highland Beach, Florida to order at
10 : 00 a .m. in the Commission Chambers at Town Hall . Others in
attendance were Vice Chairman Betty Dodd, Leon J. Canova, Robert
L. Lowe, Daniel C . Stump, Betty Goldenson, and Russell Richardson.
Absent were Paul R. Kane, Leonard Bell, Helene Harris, and Edison
Brandt .
Also present was Town Clerk Anne M. Kowals . Town Attorney Thomas
E . Sliney and Town Manager Mary Ann Mariano were not in
attendance.
Minutes of the January 21 , 1992 Regular Meeting of the Charter
Review Board were approved, as submitted, upon MOTION by MR.
STUMP/VICE CHAIRMAN DODD. Same carried without objection.
OLD BUSINESS
Approve numerical changes for Article II of Section 2 . 01
Chairman Murphy, noting the last page of the Worksheet for this
meeting contains the Numerical Changes for Article II , Section
2 . 01 , entertained a MOTION to approve the numerical order. A
MOTION by MR. LOWE/MR. CANOVA approving the numerical order as
listed on the last page of today' s Worksheet, carried unanimously.
Article III , Municipal Organization and Officers ,
Section 3 . 02 - Town treasurer; bond; depositories ;
disbursements; bond accounts; accounts ; audit . -
paragraph 3 .
Following discussion of this matter at the January 21 , 1992 meet-
ing, it was the consensus to defer voting on the amended paragraph
to the next scheduled meeting in order to give members the oppor-
tunity to review a copy of Florida State Statute 166 . 261 which the
Town Clerk was requested to distribute to each Member in advance
of the February Meeting. With each member having reviewed said
State Statute, Chairman Murphy read the paragraph under
discussion:
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Charter Review Board Meeting Minutes
February 18, 1992
Page 2 of 4
"All monies derived from the sale of municipal bonds shall be
received by the treasurer and kept by him or her on deposit
in a special fund in the name of the town in full compliance
with Florida State Statute 166 . 261 . It shall be disbursed
only upon resolution and order of the commission, upon checks
or drafts to be signed in the manner described in the above
paragraph. "
MOTION by VICE CHAIRMAN DODD/MRS. GOLDENSON to approve the para-
graph as read by Chairman Murphy carried unanimously.
Article III , Section 3 . 08 - Creation and abolishment
of offices; appointment of officers; salaries; bonds .
Members discussed this section at length and recommended deletion
of the third sentence (Department heads of the town shall be
approved by the commission and shall hold office at such salaries
as may be fixed by it. ) The paragraph will read:
"The commission shall have the power and is hereby authorized
to create such offices as may in its judgment be necessary
for the good government of the town. The commission shall
have the power at any time to abolish any office created by
it . The commission shall have power to prescribe the
functions, powers , and duties of all departments of the town,
except as otherwise provided in this charter. Employees of
the town may be required to give such bond as the commission
may prescribe by ordinance or resolution and may be required
to take oath to faithfully discharge their several duties . "
MOTION by MR. RICHARDSON/MR. STUMP to delete the third sentence of
the paragraph was favorably received by the members .
NEW BUSINESS
Article IV. Mayor, Municipal Court and Police Powers
Section 4 . 01 . Suspension and discharge of personnel .
During deliberation of Section 4 . 01, it was the consensus to add
"with the exception of the Police Chief" in the first sentence
following . . .employee of the town. It is recommended the para-
graph read as follows :
Charter Review Board Meeting Minutes
^ February 18, 1992
Page 3 of 4
"The town manager shall have general supervision over all
town affairs , shall see that all of the ordinances are faith-
fully executed, and shall have the power to suspend or dis-
charge any administrative officer or employee of the town,
with the exception of the Police Chief, for cause including
misconduct in office, or neglect of duty. The mayor shall
have the authority to suspend the town manager for the above
reasons, and shall report his or her action in writing with
the reason therefor to the next regular or special meeting of
the commission for its approval or disapproval . "
MR. STUMP/MR. RICHARDSON MOVED to accept the paragraph as amended.
Same carried without objection
Section 4 . 02 . Town judges authorized.
It was the consensus to delete this section completely. MOTION
to delete was made by MR. STUMP/MR. CANOVA. The MOTION received
unanimous approval .
At this point in the meeting, members discussed and agreed to
amend the title of Article IV. by deleting "MUNICIPAL COURT" Inas-
® much as the recommendation to delete Section 4 . 02 was approved.
F7 VICE CHAIRMAN DODD/MR. LOWE MOVED to delete "MUNICIPAL COURT" from
the title of Article IV. The MOVE was favorably received. The
title will read :
"ARTICLE IV. MAYOR, AND POLICE POWERS . "
Section 4 . 03 . Chief of police and policemen; appointment;
power of arrest; duties .
During deliberation, Chairman Murphy noted he discussed this
section with town officials who agreed this paragraph should be
made into three paragraphs . At the conclusion of the delibera-
tion, MOTION was made by VICE CHAIRMAN DODD/MRS . GOLDENSON to
delete "and policemen" and substitute "his" for their and change
salaries to "salary" as well as to add a second sentence. The
MOTION carried without objection. Paragraph one will read:
"The commission shall have the right and authority to appoint
or employ a town chief of police; and to prescribe his salary
by resolution. The town commission may suspend or dismiss
the chief of police for cause and after a hearing . "
Charter Review Board Meeting Minutes
February 18, 1992
Page 4 of 4
Paragraph two, amended upon MOTION by MR. STUMP/MRS . GOLDENSON,
which MOTION carried unanimously, will read as follows :
"The chief of police and/or policemen shall have the power
and authority to immediately arrest with or without warrant,
and take into custody any person who shall commit, threaten
or attempt to commit, in his or her presence, or within his
or her view, or whom he or she has reasonable grounds to
believe has committed an offense prohibited by ordinance of
the town, or prohibited generally by law, and shall without
unnecessary delay, upon making such an arrest, deliver the
offender to Palm Beach County jail whereby the offender will
be processed through the Palm Beach County court system to be
dealt with according to law. "
The third paragraph, unanimously approved by MOTION made by MR.
STUMP/MR. LOWE, will read as follows :
"The chief of police and his subordinates ' duties , in
addition to these herein prescribed, shall be such as may be
prescribed by the ordinances of the town. "
Finally, a MOTION to approve the entire Section 4 . 03 as amended
was made by MR. RICHARDSON/MR. STUMP. Same carried without
objection.
Section 4 . 04 . Power of arrest in "hot pursuit. "
At the conclusion of brief discussion, VICE CHAIRMAN DODD/MRS .
GOLDENSON MOVED to leave Section 4 . 04 as is . The MOVE was
favorably received.
Chairman Murphy advised the next Regular Meeting of the Charter
Review Board will be held on Tuesday, March 17 , 1992 at 10 : 00
a .m.
This Regular Meeting was adjourned by Chairman Murphy, upon proper
MOTION, at 10 : 55 a .m. �j
A ST: APPROVED: l/// .%Ce5 ^ / 49'
Ray Murphy, M.IYI�Chairman
Date: ..-c4 r/
, amk / Betty Dodd, Vice Chairman
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