##VIDEO ID:0QEomuHT9vw## e e e e e e e e e e e e e e e e e e e e e e e good evening everyone good evening everyone Welcome to our special Commission meeting Monday August 26 2024 the time is now 608 Madam clerk roll call commissioner bass here Vice May Irvin here commissioner Kelly president mayor Taylor here as we stand by invocation L by commissioner B most gracious God as we come before you this afternoon Lord father we come before you oh God me oh God particularly asking for a direction father God father God that whatever's been said and done in here today God Will Be Your Will and not ours we ask you God that you have mercy upon us as a city father God and that you would lead us guide us and protect us in Jesus name amen amen the Pledge of Allegiance Al to the of the United States of America and to the Republic for which it stand one nation under God indivisible with liberty and justice for all all right we're going to go into our public input and because questional meeing we're saying that public input has to be gerain to the topics at hand so public input is open good afternoon former commissioner Gail Miller 14235 Northwest 22nd Place o balaka Florida I came before you all last month and I told y'all I was sick and tired of being sick and tired I told y'all that now we got enough news media in this opaka for the last couple of days and for you all to come up here and talk about find the city manager got news media all around everywhere come on y'all came to me and asked me to support y'all y'all didn't tell me y'all was gonna get up here and be fine and hiring every week we are not going to stand for this I got my recall papers try me tonight I will be to the place in the morning and I will get me enough petitions and we'll have a whole new di up here try me tonight now I'm sick and tired of y'all with this garbage now bring me you want to do something stop acting like if he if he don't do what you ask him to do I want him F you don't do what he want you to do you want him F you don't do what he want you to do you want F commissioner bass they told me you only you the only one neutal up here I'm gonna be honest with you they only you the only one neutral but anytime you don't the man don't do what y'all ask him to do fine I need you all to go get a job so somebody can fire you all and see how I feel to get fired we we gonna ask that you all keep it down now enough it's enough now I don't know what y'all problem is if y'all got a problem y'all need to get on out this city and let somebody come up here who love this city because you're not for the city right now you're only for self because now the citizens if you f him us us got to pay for this man if y'all F him not your $2 us I don't think it's fair not enough it's enough okay now y'all want to do the day-to-day operations of the city do it right stop playing games stop playing games running in church on Sundays and preaching and praying and you come here and be a devil not enough is enough now like I said try me tonight I hope it's on you you got me on news media cuz I'm going to get my bus drivers I'm going to have them walk this street and we going to sign these petition and come the in September it gonna be a new di up here okay um we have to be respectful in the chamber please Chris Roberts 640 do that I like to hear people come up here and talk about stuff that they really don't know we in a $5 million death defit right now you don't even know what you talk about five please please please ass down please please please don't do it that's we could end the meeting she's disrespecting please please disrespecting me Sergeant at Arms thank you she disrespecting me just got to go please no Mr manager Mr manager Mr manager no no now we we respectful to we have to be respectful to every citizen that is talking so we're going to be respectful so what we're asking we're asking we g m Chris have your we you have to be respectful to the commission to the manager whatever you don't like there's ways to present ourselves please please please miss Rob we're in a $5 million deficit we in the last two months we have received 11 lawsuits being sued to the city of opaka right now we talking about people telling y'all everything that's going on we have a police department in which I work for is under um corruption right now for doing all the things that they have no business doing and y'all talk about save The City this this is what cost the money us what cost ta tax's money we talk about you don't like this person you don't like that and guess what everybody in here even the ones that come up to this di have a favor from the city manager too citizens input is still open Tani Mitchell 14225 Northwest 22nd Place word on the street I come to the commission to speak on behalf of my brother-in-law tonight I'm speaking on behalf of my husband Anthony Mitchell and Tommy Johnson last week Wednesday there was an incident that took place over on ruten street and my husband was arrested his name is slandered he's been taken from his job he's missing work and as we speak right now he's still locked up because of the officers of the city of opalak now when the incident happened it happened with an ex commissioner they favored him they took no statements for anyone or nothing Mr Ronnie I do apologize because this is a special meeting we got to State remains of the topics at hand okay it's no problem we can but I just need them to know the police department was not right how they handled the situation nobody contact me no the city manager wasn't there no the police wasn't there the police chief they took statements from no one however things took place in this city yesterday I'm aware I was there and right now it's not looking good so we need to remove that city manager we need to remove that police chief because at the end of the day there's going to be another soup and City op public input is still open Stephanie holding 200 perfect Avenue this is really stupid I mean we are blacks we can't get along on nothing you see what I'm saying when I got word of what was going on this is ridiculous you was you've been friends with him you been friends with him you go out and eat with him and his his fiance now you want to be Too Faced Miss Stephanie please look at where I want to look this my eyes Now call No Name come on I ain't calling no names come on I ain't calling no names that's not an attack now what I'm saying is you've been out with this man and his fiance on like a devil date out eating now all of a sudden he's so bad if anybody work at day County city of um Miami Miami Gardens you know no family on work together you already know this what family work together there only one shift here they can't work no other shift they cannot we're family six people family in in this one over here working together well they don't do that at day County nobody ain't working together this man is doing everything right you stood up here and getting your feelings but you having parties at that par like it's your place it's not yours run down the street you having a party personal and y'all let this happen how she get that much privilege to do that having personal parties attacking this man over stupidness back had the same thing three times about his job where is he faing at tell me that he that did everything for y'all I mean we blacks he going backwards for what and in your office you make sure you take down Marell platform off of that wall take that off I mean that's bad luck yes I'm saying it and I don't appreciate how you got him going back and forth what y'all want to understand what's up why why no more buses for the senior citizen y'all talking about that do come on let's let's do what you need to do stop attacking him every time I turn around you want to F fire yourself fire yourself what you doing so good nothing why you sitting here you a product of my tell why you here thank you Miss Stephanie thank you Miss Stephanie thank you Miss Stephanie um public input is still open I am a product of my retell thank you that's my mother thank you thank you good evening my name my name is Theus Williams 1391 no 95th Street I'm here today I'm not throwing no punches but it's sad because our senior citizen is the one suffering we got a lot of people homeless in shelter sleeping in CS property tax Rising balance going on but it's not how you start it's how you finish somebody ain't finishing it's a broken communication when you don't have the public input who pay your tax it become a problem they put you in office to do right by the people but what are y'all doing this not just opal Locka Miami Garden City of Miami Miami day County all of it is locking the public out who pay their salary people come from all over the world and get what they want but we don't get it water bill going up our senior citizen is on a fixed income how can it pay 10,000 and 5,000 of property tax when they build the ground for us but we're not taking their leadership we building for ourself not for the people not for the people we just fight each other for what I don't know and we and everybody go to church on a Sunday read that Bible then the come Monday morning you're doing the devil's work let's be for real with it the devil is busy in all towns because the people are suffering you got a lot of people in linol field right now nobody cares about Development coming here building over us but nobody asking us what we want every commissioner is not the manager it's the people agenda the people got to be speaking so we need to stop fighting against each other still that's going forward we going backwards it's not it's it's just something missing that it's a communication is broken all over the city we don't come out and vote they attacking a vice president the same way she ain't do nothing if you commit a crime then you got to do the time so I'm asking everybody we got to put our difficult difficult to the side and try to work this out because if you get rid of somebody you know who pay the salary the taxpayers we tired of it public inut is still open I'm good good evening my name is Mary Jackson I resid at 2254 Rutland Street I'm here for an incident that happened last Wednesday regarding Anthony Mitchell and Mr Johnson the on Rutland Street between 8:30 and 9 o'clock I think one of the former Commissioners they po us a lot of stuff with the commission and stuff like that voting and stuff like that Miss Johnson Jackson Sorry Miss Jackson I do apologize uhuh but we have to stay Germaine to the topics at handle what we can do is I can let through the manager the CH speak to you offline and you can give your report directly to him because you don't want to hear it there a way we do things especially I just want to know I'm just let me know you know no no we don't mind hearing it but the problem is we have rules that we have to ABY by special meetings so when it comes down to public input it has to be gerain to the topic okay unless the commission wants to because it's a big issue and it's it's not right the way things was written up in the lies was told and that need to be taken here now they want to talk to me about it go ahead go ahead okay it was the incident that happened I live a couple doors from this incident where the gentleman down the street there walking down the other side crossed over approached Mr Johnson they got into a conversation Mr Johnson ducked he fell back hit his head on the concrete his son was sitting in his truck on the passion of side he got out of his truck running to the neighbor's house where they always be my daddy out here he not moving my daddy not moving the neighbor went out there she's the one to call the police Mr Johnson was laying there out the gentleman went back down the street Chang clothes he had a black shirt in a hoodie put on a white shirt by time the police got down that is totally wrong they never did get a statement from Mr Mitchell the police was ding there getting a statement from this gentleman rigging up all kind of lies all kind of Lies the police report they wrote up Mr Johnson supposed have been the shooter how he gonna shoot he laying down then when they did another report Mr Anthony is the one running after him shooting if you running after somebody shooting you gonna stay there until the police get that to lock you up all kind of Lies was told and that's not right this man is locked up on a bunch of Lies the police never did take a report from Mr Mitchell never did get down there listen to that other man that's not right you don't do people like that we all are human beings and people like that shouldn't run for nothing in this office here nothing even the cops that they crooked they need to be off the force you take a statement from everybody around them you didn't get a statement from the man's son he was in the truck you didn't get a statement from the person who called the police you didn't get a written statement from the one you got locked up now this man locked St for nothing you going to shoot it somebody and say until the police come to go to jail I don't think so yes ma'am that need to be taken care his name need to be cleared he need to get paid for being locked up he you he the probably even know if he got a job and you go back to work that's a bad rep they got there attempt to manslaughter murder or something like that that that's not right yes ma Jackson and Mr manager can you have the chief that's very nasty U we'll take her information and get back with her okay all right public input is still open my name is Roslin Kelly I live at 420 Aladdin opaka Florida 33054 all I can say is here we go again you know I see the slogan uh uh opaka is a great City but I don't see the elected officials allowing opaka to be great you all are elected officials and voting is coming up and we have the right to decide whether to keep you all or let you all go and when I see that you're not working for the benefit of opaka I think it's time for people to uh elect some other officials to do the job because it should be about the city of opaka and nothing else it shouldn't be about personal feelings nothing else it should be about the betterment of the city of opaka for the people of opaka we elected you all because we thought you would do the right thing but that doesn't seem to be happening 25 city managers in so many years I don't know it it it's it doesn't seem right but I feel like that the people that are elected should work for the city of opal locker and not for their own interest thank you public input please please please public input is still open Anon Mitchell 142 225 Northwest 22 place Sharon Peterson 14250 Northwest 22nd Place op Locka Florida I'm like digesting all of this information but I want to know why the city manager has to be fired that's all I got to ask yes ma'am huh anybody got a comment so right so I mean because we need a clarification because from what we see and here as he come and talk to us and the things he say he was doing he was doing it so so I want to know why he put up for for somebody new to why somebody new got to come and finish and try to finish and fumble over the good stuff he doing yes ma'am um so that item was profited and it will be discussed at that time when the presenter not the sponsor presents it all I'm here speaking in his behalf I think we should keep our city manager yes ma'am Brian Dennis address 2140 York street I was asked not to come here but if I had known that qualifying to run to bring a change to the city would have CA Mr Johnson and Mr Mitchell and myself our name to be dragged through the mud I would have never qualified I've been knowing that gentleman and his family for over 30 years all that gentleman do all that man do is go to work and come home and be with his family and his grandchildren that's it I've been knowing Tommy Johnson since he was 16 years old I was introduced to Mr Johnson by his Grand by his aunt misson Mitchell who has passed for six since he was 16 years old we have had a relationship like a nephew and an uncle for that young man to now go where he has gone in the the individual that he works for in Shaquille O'Neal and want to bring back something to the city to help the kid the children of opaka the same way that he was helped you know it it's sad it it's sad when this incident took place everybody wanted to know where I was Wednesday night is Bible study for me those gentlemen don't bother anybody everybody's in the same spot at that place when they get off of work because of the gentleman that stays there they take care of him that's his Godfather they look out for him since his wife has pass and so he doesn't bother anybody the tragedy in that whole situation was for a son sitting in the truck to watch his father out cold on the ground because he slipped and F and hit his head thinking that his father might not get back up you know whether you fire the manager and keep him that doesn't even bother me what bothers me is a charge that's owner man for attempted murder that I'm quite sure didn't when they took him to the police department they didn't get any gun residue off his hand everybody stayed on the scene when I got round there and this man family is torn apart because of partiality that's been shown to a former elected official right don't wrong nobody and I know people have an issue with me coming here and saying whatever I say but here's the one thing that I always know the very same people that turn around and have an issue with what I say always turn around to be the same very same people that didn't turn around and need my help public Empire is still open good evening Dr Michelle Powell family physician residing at 16900 Northwest 14th Avenue in Miami Gardens Florida this is the second time that I've had to come to the podium on be of the city manager as a everyone has said this is the third time that he's been attacked now before I get into how inappropriate the actions have been order divine order must rule all things let me say that again divine order must rule all things you set forth an agenda and I've been coming in and out to meetings and you seldom follow the agenda unfortunately that's okay if we get through the agenda and everyone has an opportunity to address the issues now we've been addressing issues that's not on the agenda in fact is under investigation should it shouldn't even be on a discussion so let me get us back on agenda in order Darin William the city manager has been working tirelessly to get this city out of oversight the facts are clear for anyone who needs to look at them not hearsay not feelings not emotions just facts look up the documents sent to the state the amount of money that has been brought into the city you can look that up the changes and growth in the city you can look up it's not about hear say so when you talk about having to fire someone you want to understand are they doing their job are they getting the results that they have been hired to get and then if they're not getting them you give them a written reprimand you ask for adjustment in writing you have a meeting and you evaluate again if that is not happening in Darin William you guys have gotten this city has gotten more than what he's paid for 16 17 hour days seven days a week and viice may you can attest to that my partner has been here working for the city and he doesn't even live here but he loves this city and he wants to see good for this city and that's the type of people you keep who live in divine order thank you citizens thank you form I public and put is open goe hi I'm Merck Williams 1211 Perry Street and I just want to express uh my support tonight for the city manager um and reason being I've been working on the house for two years and he's been assisting in that process but more importantly uh We've Come to I think maybe I was just here a few months ago we were having the idea of hiring this guy and it just seems to be a very Rush decision and I and I think to just ask uh vice mayor Iran to consider maybe pulling back because it just doesn't seem like at this particular time it's a good thing most people get fire for Just Cause but I'm gonna tell you the best way to fire somebody is to work them too hard and let them fire themselves or quit it seems rash it seems rushed it seems inappropriate at this time to make a decision and you know what it's okay to make a mistake and just pull back a bit and say you know what maybe at this time this isn't the thing to do maybe what I'll do is I'll give myself a little more time sounds like there's an investigation going there you sound like you have very concerned senior citizens asking why a lot of questions why Rush why push it so quickly that the public doesn't feel like they have enough information um I just think it'd be better if you madam vice mayor hold it back talk to the D please okay or all of you to think and consider that maybe in this particular case you're going too quick it seems like the public isn't with you isn't that part of it to have them with you at least to educate them along the way as to why you're making that decision wouldn't that be a better thing to say this guy works so hard he left he quit he's done so much work but to fire people and Council if you've ever been a employer of people that you hired to work for you you know you got to lead not just the person you're with but all the people that all the people on the ship all these people are here and it just seems Russo in this particular case it seems like something that's rushed it seemed like a quick decision while an investigation's going on that you need to take some time and there is nothing wrong with pulling back you can do that you can always pull back but when you rush into decisions then you open yourself up for litigation you open yourself up for finding out truths that not every that that having all been exposed yet things to come that you don't know quite know yet so in this case I think it'd be good to ask this commission to to take a step back all right thank you public input is still open all right public input is still open hello how's everybody doing I am Pastor Josiah Frierson 2180 service road I am the great grandson of Charlie Divine who helped form and founded the opal Locka Jets he helped set up this great City pushing for people like Robert Ingram to be the first mayor and if he was here and see what opaka has become quite frankly it's probably a good thing he isn't here because he's probably turning in his grave he was a man that was a proud to be a opal loakan he was proud to tell people about opaka he was proud to say this is his City but what happened what happen that we are as you you you you hear the people I believe elected officials are just that you are elected by the people so therefore if you are elected by the people you should listen to the people and I hear people saying we want this man right here I was fortunate enough to meet this man in a situation that didn't have anything to do with me had to do with my god sister in a situation that she was going through but meeting this man I met first a man then I met a black man and then after meeting a black man I met a man that had a heart I met a man that did his job and is doing his job as we as we've heard funding is higher as it has ever been I met a man that is for the people and I believe each and every one of y'all supposed to be that for the people I'm not throwing Jabs and saying you from this family or you I'm telling you what family I'm from and the family that I'm from we are proud to be opaka and not only that we are we should be proud to have this man doing his job so as the gentleman just said we if it's Rush sit back get get your facts together do your research but quite frankly if funding and everything is at an all-time high we should not take personal vendettas and bring them into the workplace because y'all are doing it for the people so I may be out of line when I say this but maybe as we don't heard people say it's time for people to get out these seats and put some people in these seats and I a lady that's ready to do just that and it's for the people now I'm going to get on out the way and let her do what she going to do God bless everyone I'm Dr Rivia Bane Walden and I am running for commissioner 1860 Service Road opaka Florida 33054 and that is my god brother he was a witness to stuff that's going on here concerning the manager the chief everybody up here and everybody in here cuz I am opaka I am the people for the people of opaka I have had this Justice done to me yet and still it's still being done I'm finding out about certain positions seeing what's going on I do know that we voted him in the manager which we didn't have to we didn't vote him but I know who voted him and he was interr we pledge of allegiance to the flag of the United States of America every time we come in here we say so and so and so and so we're men and women of God as we sit up here cuz I am a reverend myself I have my thoughts and if you come for me if I didn't call for you you will see somebody that know opaka from opaka okay let me say this because I've just been through some stuff I have restraint orders in this city for stuff that's running rapid that needs to be addressed my daughter is being stalked we need to train everybody our code enforcement Miss wil is doing job the manager I sat with him on several occasions and I've called you miss Natasha Irving and you called him and he got back with me on one occasion and I appreciate that what I'm hearing today about this Feud going on no no no oh yeah we need to stop the mess cuz this mess is not blessed I've been prayerful and I've been fasting and if he's removed a lot of other people will be removed say the Lord thy God investigations will come and everybody hand better be clean thank you Dr W we need to get it together he's been on my side yes you have been I've talked to Mr Kelly Dr wal we need to straighten this out yes right yes ma'am we need fresh Oak yes ma'am I am the people for the people um public input is still open I'm Tina from op everybody here probably know me if y'all vote her in y'all making a big mistake she a preacher my son my son C K her daughter know what happened to my son I want Justice and op Locker y' I want Justice and op Locka y'all better not vote her in I my son Justice okay um right we're still in the meeting we're still in the meeting thank you so public input is still open public input is closed all right Madam attorney a resolution of the city Commission of the city of opaka Florida authorizing the city manager to enter into renewal insurance contracts with AVM Inc and Med life for medical dental and vision insurance for city employees for the fiscal year beginning October 1 2024 and expiring September 30 2025 providing for incorporation of recitals providing for an effective date this is sponsored by the city manager all right can I get a motion move it move by vice mayor second second by commissioner B Mr manager uh thank you Mr Mayor so this is this item is for our annual renewal of our health insurance plan uh which expires uh this time every single year so we have to bring it before you in a special commission meeting and we have our HR Director Mrs Mary Adams available to answer any questions that you may have pertaining to this item all right okay do we have any questions for Miss Miss Adams for this item Mr Mayor commissioner Kelly thank you um and looking at the the document I have a couple of uh questions um to HR or whoever can answer I noticed we going back with AED Insurance couple things uh was there a survey done um with the employees regarding AED and their satisfaction and services can't hear you have I turn the mic on please it should be on try try on those items hello yes thank you uh there was not an official survey but we are an HR aware of complaints that we get from uh employees and usually no news is good news and we do all we always do um on boarding as well and so our general response from our employees is that they don't have an issue with continuing to have the service they don't have one I can't hear you really I'm sorry they don't have an issue with continuing with aat but no serve was actually there is not B on complaints that came in or did not come or did not come in why wasn't a survey done because usually every year as part of process with your provider you send something out employees because what I've heard is some of the cost particularly for certain specialty um surgeries or going to Physicians they went up quite High especially deductible and so that's why I'm asking that question of whether there was a survey done and what could be improved since you did hearbs on individual what was what is being done or has been done to improve on that uh we do have our fed representative here as well um and hi Eugene how you doing Mr Mayor commission so I'm e Min I'm the broker hold on Mr Mayor could you have Mr manager had a manager turn the mic up I can't I can't hear my name is Eugene M I am the broker uh for the city of opaka uh I can answer any questions so with this particular plan with with AED um there's certain information I can't give in public form obviously um when it comes to carriers we had a few carriers that would not quote the city because of certain ailments okay again we had certain carriers that that would not quote the city because of certain ailments um with um claims we do have um admed which we decided to keep because the deductible um for the plan year did come down $500 the maximum out of pocket did come down $1,000 uh for this particular plan so we did make improvements for the plan um in which the city sponsors the 100% coverage for so uh some of those issues did get addressed so we really only had one car which was adid no one El no we had uh we had Florida blue and United Healthcare come in as well uh but when it came to pricing and plan design Adit was the best choice we do have options with Florida blue and we did have options but when you when you're doing the negotiations and you have an incumbent uh such as whoever you whoever your particular incumbent is right now and you come in in the single digits you don't typically move that plan because you might need that next year so you don't you don't hop when that when that happens we did start with and again I can't give the percentage but we did start with a high double digit uh renewal uh which was negotiated by the team down to single digits um in the go ahead okay and and you in the documentation from the manag office says there was a 7.74% increase in rates over last year so are we absorbing that cost the city or the employees absorbing that cost well and just so we're clear that was the negotiated rate the initial renewal came in at 26% which was which I which myself and the team negotiated down to seven typically because of the way the contracts are written for the city which have nothing to do with us you do cover 100% of the employee only and I believe that's through your union contracts if I'm not mistaken um so what we do is help you stay in compliance by giving you the cost analysis but we do not have any say so in how your union contracts are ran no I'm not ask about the contracts what I'm asking is it was 26% you negotiated down to 7.74 myself and the team yes well I understand your team that works with you but what I'm asking is would that increase be absorbed by the employees or the city because it is still an increase yes it's it's because you guys pay 100% it's it's absorbed by the city going okay and this question is probably not for you it's probably more for staff uh it's based on the Assumption we had a Assumption of a 5% increase um that the city budgeted and since it's 7.74 I'm looking at the documentation it says if there were no vacant positions in 25 this result in a 37,000 increase over what is currently budgeted but since there will be vacancies there's no adverse impact so my question is we should be as a city intending to fill all our vacancies but we're projecting through the budget and this analysis that there're going to be vacancy so that $37,000 increase will not be an impact that's not for you really that's really for staff that that's you've done your job appreciate it you got us down from 26 to 7 but I'm still concerned because of the budget impact and so I got ask the question now so that's really uh Mr Mayor to staff and the manager and I an answer that oh Mr manager well we always have projections with budgets for uh increases that's how we uh make a determination on how we're going to pay our bills and spend our money and present it to to the commission uh for the approval uh yes Mr anathan did uh project for a 5% increase based off of our utilization uh over the past previous years uh I will say because I can say uh our utilization was a little bit high due to workman's compensation uh which is one second Mr manager can we please please Mr manager thank you um so our utilization was a bit High which caused those increases which uh the team was successful and taking it down from a 27% increase uh to a 7% increase uh we do expect uh and we do have of course vacancies uh which can cover those expenses and we will be bringing forth a budget amendment to address that okay well that ask my question my question is if we're going to fulfill all of our staff in the 25 fiscal year budget we're saying in this document that we're not going to have to worry about increase because there is going to be some vacancies so we either going to field positions or we're not going to fill positions whether we do it through a budget amendment or not and and I don't like to to play on on words because I'm looking straight at the document provided by staff my question simply is the city's going to absorb the 7.74% increase in the rates and your answer was yes I understand you negotiated down to 26 to7 I just want to know if we're going to absorb it because we're going to be doing the budget next month so that needs to be calculated in there one way or the other um it's not on the employees it's really on the budget process so thank you for your your answer um the other question that I had really was when you look at the analysis that I guess you provided the rate history uh from January to March 2023 it went down quite a bit um and then I notice this kind of fluctuates is there a reason why I went down in those months that something happened what exactly you I'm looking at y'all tiny writing here on this thing so right seeing well I got the same documents you all have there what page it's tiny writing you know I don't know n Stu small writing y'all prepared a document n n n of 89 my question really is it went down two or three months significantly I just wondering what was that for if you don't have to answer right now the manager's office the HR direct and give me that answer um later on I just was curious as to how it went down and why because of significant amount but um I'll I'll wait for the anwers thank you Mr Mayor no problem um any other questions to and and just so aware because I know the city's in doing a a wellness initiative uh I was able to negotiate in a free wellness day and free Biometrics through AED also an additional $2,500 for any other health initiatives that the city wants to do and then another $2,500 in uh incidental sponsorships thank you all right um any other questions to the HR Director all right thank you madam HR Director if any if no other questions to the manager we can go ahead and call the question she say you're going to have an answer to your question good okay thank you madam clerk vice mayor Irvin yes commissioner Kelly yes commissioner baz yes mayor Taylor yes motion passes 4 Z all right going into the second item 62 Madam attorney discussion and action related to City of opaka resolution number 24-16 all right can I get a motion move it move by vice mayor second second by commissioner Kelly and this is madam attorney this is the you just say motion resolution number oh the inquiry Mr manager thank you Mr Mayor so at commission meeting July 24th uh 2026 regular commission meeting uh the commission tasked uh my office with a number of queries that needed to be answered on this date at this special commission meeting and we have our uh police chief uh uh Kenneth Atley here to do the presentation uh answering those questions evening Mr Mayor commission go a slot to please for the whereas number six regarding the city employee traffic crash do we have that do we have that report should no I said do we have and I'm asking because I'm looking in the package I don't see it do we have this that report did you send that to the clerk's office oh yeah we don't have I did not so if we could um uh take a few moments to get copies of this to the commission all right 5 minute bre five minute reset Mr Mayor in case wants to move around you want to take a five minute recess um while they're getting the documents for so we're not just sitting here all right so commissioner Kell made a motion for five minute recess can I get a second all right so this meeting is recess until 7:05 who second second who second no move e e e e e e e e e e e e e e e Welcome to our our special Commission meeting that we have res we we're recessing from our special commission meeting Monday August 26 the time is now 708 Madam clerk roll call Commission commissioner bass here vice mayor Irvin here commissioner Kelly present mayor Taylor here all right so we're going to start from the second item um Madame attorney could you go ahead and read into record item number two please discussion and action related to City of opaka resolution number 24-16 all right can I get a motion moving move by commissioner Kelly second second by um commissioner B Mr manator uh does the commission now have copies of the presentation thank you so I'll now uh ask uh Chief otley to return to the podium to present his presentation Chief do you have everything you need greetings mayor commission so if you go to slide so the I was directed to provide information supporting documentation related to the warehouse portions of this resolution let's go to whereas number six and it SP speaks about the uh employee related traffic crash with the Mii day transit bus that was struck on July 18th 2024 at 3:04 p.m. uh the flash traffic was put out this is the memo that I sent to the manager the time line of events that was asked for uh July 18th at 3:04 the call was dispatched and that the driver had fled at 3:5 we notified the city manager and C who responded out to initiate the investigation at 3:15 o PD was on the scene and the report was in progress at 3:26 we notified the commission via flash traffic at F at 5:45 the ID of the driver was was brought out but it was a false ID because that was the vehicle that the was assigned to the particular driver he was not working that day we determined later that evening that the driver was one of another employee who had signed the vehicle out what you see on uh before you is the OPD traffic crash report that was submitted the next slide shows the drawing of the vehicle striking the Metro Bus next to that is the traffic citation that was written by Officer Bourne and the following uh document is the traffic transmitt traffic citation transmitt that was sent to the clerk of the Courts so another issue that was in question was whether this should be arrestable or not what you see before you is Florida State statutes 316.061 which is the citation at the that was written for the employee this covers leading the SE leaving the scene of an of a crash involving property damage it says it can be arrestable an arrestable offense it is up to the discretion of the offer based on the extent of the damage and whether there are injuries or fatalities if there are fatalities the change the charges change from a from a second degree minator to a felony and those penalties fall under FL State Statute 775.082 and Below uh 31662 uh you can read it it goes into the fines which is uh $500 fine probation and up to 60 days in jail once it goes before the the courts and the judge determines guilt or innocence and the penalties are uh imposed there's a public work Public Works Fleet work order that shows that the employee signed out and signed back in the vehicle next is what you what the the commission requested was the Miami day transit investigation this was written by their investigative team and provided to the opalak police department there you see a similar drawing as what we do because that's part of the whole traffic crash investigation process and then you see the number of the bus that was struck vehicle 1303 there is the GPS location and again provided by Public Works photographs of the vehicle 1303 and the damage to the vehicle that was done by when the vehicle struck the bus also was asked for the OPD vehicle assignments um and these are our vehicle assignments dating back through to March of 2022 and all of our vehicles were assigned by year by officer and they're all present on the on the slide you should have a copy in your in your slide deck there's a flash tra we also T spoke about the flash traffic and how the policies uh when they came out and how we identified uh that a an item should be issued to the commission via flash traffic another question was how did the commission how was the commission removed from this process well through my inquiries it was determined that the former city manager uh James Wright had requested the commission be removed due to uh his requirement that he be notified first before the commission is notified so he would which is the same thing I do flash traffic comes to me from the officers I evaluate it decide on how it's going to be structured based on Florida FBI sees requirements and I then issue it out to to myself or my designation issues it out to the commission the Flasher tra is uh what you see on the right hand side is my policy that I signed uh and the other one on the other side is uh another uh memo that I sent out prior to an administrative order this is an example of a flash traffic so happens to be the one that I sent out uh yesterday or yeah yesterday FBI seed just handout is what you see next and that comes directly off of the this is public record uh commission you can pull this off the website it's nothing it's nothing no secret about it what it details is the requirements for who can receive in information police related information coming from from uh the criminal justice standards uh criminal justice information system um a lot of the the difference is I think commissioner Kelly said at one point that you don't care what it is it can be a condensed version well that is that's exactly what our flash traffic is it's a condensed version because we cannot give you and will not give you information relating to date of birth address and that sort of thing because that is part of the protected items in the FBI sies policy um we have to be you have to take an exam you have have to pass that exam before you allow access to the computer system that FDLE requires us to utilize to do uh research and to do uh subject checks Etc on the street so we have to be very careful what information we release to the commissioner to anyone else next the question was uh what type of criminal investigations and how those investigations are carried out what prompts a criminal investigation so here you have it law enforcement investigations into city employees Charter officers and City commissioners typically involve several key factors yet not much different than any other investigation I thought I I mentioned that in the last time I was up here that not much changes I think commissioner Kelly said that uh in the resolution it talked about some cities have certain regulations well other cities do but we don't um I don't know any other city that has a particular policy that identifies when City official or anybody can be investigated or what process uh they go through in order to investigate that that particular member of the commissioner City official a crime is a crime is a crime and once that person is identified via report via allegation via walk in someone walks into the city or into the police department and says hey this and this is happening the investigative process begins and once that begins it doesn't stop the allegation of complaints investigations often begin with specific allegations or complaints from the public whistleblowers or other officials regarding misconduct corruption or illegal activities then we move into evidence collection so law enforcement is not in the habit of trying cases in public opinion we go through our investigative process we evaluate the evidence we evaluate the statements we look at especially if it's one of our own employees or anyone else we also we look at our internal policies and procedures at during our Internal Affairs investigations however if it's a criminal investigation we then look at the Florida state statutes and uh you know coordinate with the state attorney's office and other agencies that we may be working with um okay I think that's good for that the investigative review that goes with the captain of the the uh criminal investigative division he reviews that with the investigative team to review to make to ensure that all the statements are taken all the investigative processes have been accomplished uh crime scene investigation uh Witnesses body want camera all the items that we that we we normally utilize that you all know about um and we follow through with that that includes the law in you know coordinating with the state attorneys Etc then we coordinate with if it involves any sort of Ethics violation then we would coordinate with the board of Ethics um depending on the severity of the allegation the nature of the seriousness of the allegation fraud abuse of power uh this can determine the urg gency and scope of the investigation this changed from time to time no investigation is Pigeon hold into a certain pattern and path during the course of that investigation that happens that opens up I'd appreciate everyone just be quiet allow me to talk chief chief please thank you if the case is involve an employee of the city depending on the severity all the the same process will be followed Corporation from the individual that meaning The Whistleblower or the the walk-in or the witness or whoever is making that Al allegation that's also very important because if they're not willing to come forward and give a statement then it's a moot point and we now wasting our time and then with the you know Alle more allegations will come out oh well the police isn't doing this the police ain't doing that obock police department does its job we do our job all the time every day every night we do our job other investigative means and methods so couple of things about that commission asked uh how do you go about doing things well there's a lot of things that we're not going to tell you because it'll compromise the ongoing investigation our means and methods will tell everyone how to avoid capture and that's not our job our job is to catch the bad guy loss of tactical Advantage adaptation by the criminals adaptation by the criminals mean mean that if they know what we're doing I don't remember which one of the the Commissioners said when I first came here two years ago oh I watch uh Law and Order and and so a lot a lot of the a lot of the public was that you Vice May a lot of a lot of the public watch these crime shows and believe that a crime can happen at minute five and by minute 60 it's solved that's absolutely ridiculous and I'm sure we all know that and in real life that just doesn't happen I spent the better part of 16 years on homicide and I probably have six or seven cases still pending from 20 years ago it takes that long shootings there's a statute limitations aggravated battery a statute limitation so there are certain things that we can do and must do within a certain period of time in order to accomplish our our goals our investigative goals impact on collaborations what that means is that we have sensitive methods that we utilize to investigate these these invest that we use to investigate these crimes we cannot divulge that we will not divulge that sometimes it comes out on TV but you never really know on TV because they don't even really know and if they do they have coordinators on on the set to identify what can and can't be be identified and and aired on the air and if they do it's skewed so the public doesn't know we discussed closed cases in your resolution you requested what closed cases uh outside agencies have we work very closely with multiple outside agencies we do it on a daily basis we conducted we uh requested a a uh a public information request from FDLE they provided these closed cases four to be exact the cases over there Sergio Perez tasing of Michael steel Jeff Castro battery by Sergio Perez Johan Taylor uh was a a testing issue um and there was a cheating exam through standard and Associates that was investigated uh through FDLE and all those are closed closed OPD investigations March 22 to to present we have a battery of Sergio of Lieutenant then Lieutenant Sergio Perez that was referred to F Ali another battery by Captain Sergio Perez promotional exam the subject officer Deputy uh Chief Jenkins Captain Sergio Perez and Captain Alber Rogers 2022 promotional exam the subject officer was Alin Rogers and the employee promoted was in Johan Taylor there was a domestic violence uh with uh Sergeant Johan Taylor that was an external investigation and a conduct on becoming sleeping on duty was with Sergeant Taylor that's closed as well and it was a sexual battery that is for Officer alende Louie the 16th and that is closed ongoing oilp investigations we rely routinely excuse me work with state and federal agencies any investigation involved involving city of oplock employees would would fall into their purview um if we have something open it's going to be an open investigation just like theirs would and we would not be able to discuss that based on the uh the restrictions um from Florida State statutes 119 if any of those cases that you're asking about I'm not at Liberty to discuss so um okay so next I just wanted to inform the public and the commission that the house bill 601 just came out that speaks about law enforcement officers and correctional officers and internal investigations so that whole process has shifted it hasn't shifted it was just it was morphed and some of some of the items have changed from St uh Florida State Statute 112 and uh it's all it's there in this new house bill that was signed by Governor Dan santis we have State uh uh Senate Bill 184 which is impeding threatening or harassing First Responders I think it's worth the good read and that's the end of the presentation any questions please any questions for the manager or the chief on the inquiry items Mr Mayor commission Kelly um thank you for the presentation let me go back to um on my sheet it says page three um where the crash memo um bring up bring up slide three please you said the c a citation was issued um and it was determined I guess later that evening because initially one employee was supposed to be signed out with the vehicle but it turned out there was another vehicle um not but it was another employee yes sir the time frame that that took place because when we received the information last month or the commentary was like a day or two before you found out I think the manager you even said the manager is the one that actually found out so now has that changed since then the manager management spoke it wasn't two days was actually a couple of hours and and the uh the the uh the employee was written a traffic citation at 7 p.m. that evening so the manager misspoke yes I I probably been spoke to him and he I'm just I'm just reling the timeline what was said to us you know I take detailed notes so I'm only going by what was said then versus now so instead of it being a two-day delay now the the employ was written a citation at 7 p.m. correct two hours and part of the discussion that came up or a question was asked how an employee signs out a vehicle and no one knew there was a different vehicle because the flash driver originally that we received said it was an old c o blocker vehicle it did not initially even say an employee correct I'm I'm asking say on the record because you're on the record I want be on the record say again the first flash drive that was sent out flash traffic flash traffic Drive was sent out just said it was an old city vehicle with decal and not identify being an employee at that first time right that is correct okay so you didn't determine it was actual employee or whatever current car hours Etc until later on the manager I believe the manager when I just said the manager didn't tell so the manager contacted me and identified he knew before I did and I believe he said that in the last commission meeting okay now you you're saying first that the manager didn't know that you notified the manager so now which one is it I notified the manager of the of the crash what's your question gy I asked the question just repeat it because I'm I'm okay received information that night when it when we were talking the manager said that he actually um found out who it was and you all I guess two days later went and did a citation and found out who the employee was Etc so forth you're saying tonight that 7 P.M the same day that you issued a citation correct but the original flash drive that we got didn't indicate even the city employee it just said because I like I said excuse me I don't mean to interrupt the information that I had at the time at the moment was what it was that was a bus a old uh White employee City truck with uh City markings and that's what we knew at the time so we didn't know that it was an employee until after when the city manager the one employees's name I can't recall his name uh came up first but he wasn't present so he couldn't have been driving then we checked it wasn't even us it was public works who came up with that uh that uh public the uh what do you call it the the document from the fleet uh work order that indicates that the employee in question is the one who originally signed out the vehicle and after the crash he signed it back in and left and I think part of the question that the commission raised was how the process works about signing in and signing out a vehicle especially with one that's been involved in an accident and I didn't I didn't hear that in your analysis but I want to be be clear on the flash traffic traffic portion because what I'm hearing now is not what I heard that night so I just want to be clear on that the other part I think it was what did you hear last year on on the 24th par me what did you hear on the 24th check the notes I'm just going by what I what I was told and what we told here okay so I I'm not going to go back and forth on I'm just going about what we were told versus what I'm hearing now and trying to get a Clarity on which it is so you're saying now that maybe you misspoke that it wasn't the manager that gave it to you gave it to him um I I don't know which one it was so to delay that clarify what I want to ask what I want to ask the other part uh because you said a whole lot in in a short time trying to digest it all but you said the desp ex of the officer as it relates to when someone is involved in a accident or situation um versus not being arrested just in a citation so in this case the officer who was on the scene or whoever did the citation decided upon their discretion not to go any further than just a citation what I said was it is at times at the discretion of the officer in this particular case 99% of the times if it's a traffic crash hit and run with property damage it's going to be a second degree misdemeanor the citation being the charging document just like an arrest affidavit that is the charging document the difference is he doesn't go and sit in jail for an hour taking the officer off the road for an hour and a half or two hours and what if whoever it is and a often CLA feain illness now the now they have to transport him to the hospital and then the officer has to stay at the hospital and remain with the with the guy in custody that takes another an additional officer off the road and we had law enforcement supervisors we make the decision we have the ability to look at something look at the eval evaluate the circumstances as they lay in front of us and say okay this is an egregious had he hit the bus ran into a fence uh struck a bike hit a dog which which happens frequently and then run now you're talking about egregious egregious activity the key word Chief and I'm not the judge or the jury is discretion discre because I want just like the citizens sitting here I I want that same discretion for them if they were happen the same situation that's why I bring it up because it's at the discretion of the officer I don't care if it's 99.9% if it's that other 0.1% it's going don't interrupt you it's the discretion and that's the only point I'm making in this case it was the office discretion yes or no it was standard procedure for 99% of the time I answered the question based on the resolution question now in this case it was normal procedures for a hit and run with property damage minor property damage as a manager stated $500 or whatever in in his statement in this case it was going to be a citation regardless of who it was whether it was an employee or Joe blow down the block I I just wanted that state on the record because all the other stuff to me was not really consequential because that was different different statement the other question I have regarding your um report um with the with flash drives or just getting information out and I understand you don't want to take officers off the street and that takes time um going to your FDLE closed cases you said there were from March 22nd to Pres four closed so how many are still open because you listed these four here and you listed Seven more that have been closed and you gave the um information on them but are there still any that are open well the FDLE cases aren't mine so I think you'd have to uh request that to FDLE well didn't you all requested I requested for closed cases closed cases okay okay so your only request are closed cases okay and these closed cases that your ref were closed with penalties I have no information on that okay all right well you you got to hear so I'm just asking a question thank you Mr Mayor thank you Chief all right any other questions for the chief or the manager to this inquiry I I have a question is not for the chief though my question is for the manager I asked that night um about when this accident happened about Mr um the employee that was involved in this going and taking the doing the process that we usually have which is going and um taking the you going to the the the center to get drug tested or whatever I did ask um was he taken and if he wasn't why not because that's the policies and procedures when there's an accident involved yes I apologize I had some submitted uh some addendums like three addendums to uh the Chiefs to the chief's presentation it's not here but I'll be sure that the commission gets that copy and I can answer that question on the record now uh so uh this accident happened on a Thursday uh the individual that was involved in the accident had a planned uh had a plan um and approved two we vacation scheduled right so I just want everyone to follow follow along the uh accident happened on the Thursday uh I believe around 5:00 p.m. the individual clocked out uh then went to his home uh police recovered him at his home generally speaking if he came to work the next day we would have had him drug tested however this individual's vacation started the very next day so for two weeks so even when we had the commission meeting on the following Wednesday this person had not not uh had not come back into the office which is why no counseling or no disciplinary action had taken place with him uh indeed uh the notion was that uh this person was receiving some type of preferential treatment when in fact uh administration had had no opportunity to engage the individual as the accident happened and then his vacation began uh um knowing that there were going to be severe consequences for his actions when the individual returned uh to duty he immediately resigned M M M please please M Mr manager when they went to his house two three hours later to give him a citation why was he not because they take people all time of night to go get drug tested and stuff why was he not taken at that point to take this that is not a that is not a function of the police department to take off duty the employees and have them drug tested we take employees to my knowledge we've only taken employees to be drug tested when an accident happened on our clock and we take them while they're on our clock that's my understanding of our policies and procedures I'm not feeling that one but because when so they never go by themselves to take a a test on our on our clock on our clock yes because this accident happened on our clock and then the gentleman took took that vehicle uh turned it in and went home I'm not feeling that one but I'll let you have it I'm not feeling that one because if I would have done that as an certain employees would have done that there there would have been consequences and it's policy and procedure if we don't follow our own policies and procedures it can't be for this one but not for that one and for this one and not that one that doesn't again uh no preferential treatment was shown to this individual we did follow our policies and procedures to my knowledge no employee and I see the HR Director shaking her head uh no employee has ever uh been taken to be drug tested off the clock on their own time uh I can't as the city manager I can't compel you to go anywhere on your own time uh that has to be on our clock uh this person got into an accident this person got into an accident and unfortunately for us he was able to turn his vehicle in uh clock out and then start his vacation the next day however knowing that this I'd also like to say for the record uh since it seems that there is a a narrative out there that this particular individual was receiving preferential treatment uh which is not the case as I've said uh several times before this individual this was not their first time being involved in an accident uh and in fact they had been counseled for being involved in an accident previous times which is probably why they were aware of what the consequences were going to be for this accident which resulted in their resignation okay for the record I just wanted to be stated if we're going to do things like this for one we have to do it for all great thank you Mr Mayor all right Mr Mayor commission Kelly if uh commissioner bass yourself don't have a question I have a followup um because the chief I don't know if he was answering all related to um Public Safety and police department because I didn't hear the answer so I want to know if he was finished because I had a couple of um questions as related to the policy and procedures that was just uh mentioned because one of the whereas on page 73 of 89 in our package receive deals with the fact of a written policy a factor circumstance and Analysis utilize in order to initiate an investigation so my question is is the is the information we receive here and this is this the policy and procedure of the city opaka police department Mr manager um Chief chapter 15 of the opala police department policy and procedures so okay I'm gonna fall on the sword for this arol all the policies are done I had the whole package prepared for the commission as as I did for the uh with the PowerPoint and I didn't have it I didn't bring it up so we can move on and I we can read it in give me a few minutes and I'll get it done get it back to you policies and procedures are done um it's chapter 15 everything was align and ready for you and I failed to provide them well I don't want you to follow any SW or anything else I just want to be clear on what the commission asks for and what the commission is not receiving understood and the commission very clear this is over a month ago very clear what the commission was asking for and we don't have it okay and and you work for the manager like everybody else other than the clerk and the attorney so I'm only going by the documentation in front of us the other question I had and you said the closed cases because you only asked about the closed cases part of what we also inquired was whether the city is aware of any current investigations being conducted by FDL and if so how many whether the city is aware of any criminal investigations being conducted by Miami day County and so how many whether the city is aware of any other law enforcement agencies conducting criminal investigations of city employees Charter officers and City commissioners and if so how many that is not new that's on the record for what we asked for as a part of the inquiry I'm not going to hold of the meeting but again that's not something we're making up or asking tonight that's a part of the document of resolution number 24-16 and that's why I ask you because you you reference the pages in here of 18 19 that Circle in this document and that's why actually were these the policies of criminal investig ation and the things that we ask for and you're saying you got it it's in chapter 15 but you don't have it here with us okay so I'd still like to get it but I'm not I'm not going to call another recess for you to get it but it goes to the point where when the commission is asking for information and this is not fly by night this is not last minute this is over a month ago as part of the inquiry process to have this information for the commission and we don't have it we don't have it and that's that's the real challenge when you look at what the commission is asking for and what we're receiving and so to me that is not a completion of the process and that's why I wanted to ask the question because I know you had spoke a lot about different things and I was referencing because I always go by what you're giving me and what the documentation is coming from the city manager's office I don't make stuff up I go by the document a so we can get that another time I'm not going to hold up the meeting to go make copies because it should have been a part of this discussion but I appreciate your answers on this particular Point Mr Mayor we can go ahead and move on I'm sorry Mr Mayor um I have one question I don't know if it's for the chief or the manager I would like to know do we have any officers that that are DUI certified with uh breathalyzers and stuff like that Mr manager vice mayor we have five of our also the DU certified as a matter of fact and he these commission Chambers we held the first IPM training and the second we held it downstairs on the first floor our training area and we trained 17 agencies throughout Miami day County here in this facility train them in duy breathalizer and roadsides so yes we do have five presently on our department as well as our sister agencies that trained here okay that lead me to another question when we went to give him was it not appropriate for us to give him a a breathalizer once we ticketed him or why wasn't he breathalyzed or DUI or whatever you call it that's a great question vice mayor thank you so once somebody gets home and I know this from experience once somebody gets home they have a drink and so I just had a drink once they get home you can't do that it's it's not it's not even it's not even reasonable to do that because there's always a way out um there's just not able to do that okay I wanted to know thank you for that great that great answer Mr Mayor um Madam attorney yes there are um a few of the things and I bring them up only for later liability issues just to avoid it um these were questions the the ones that the chief is addressing to one inquiry issue and on that issue there were things that were not addressed which is why um was this issue not reported to ahr how are vehicle assignments made for City vehicles and what is the penalty for driving a vehicle not assigned so in addition to what commissioner Kelly said those are all issues that feed into potential liability issues that um the city commission may want to get responses for whether it's now or at some point later so that these type of issues don't become continual Mr Man yes um I see the do we have any in additional I I do believe that I heard him respond uh to those uh uh queries but if you have any additional information on those or if we need to um unfortunately request some additional time from the commission if you can please address Madam attorney can you repeat what you just said please sure the first is um why was this not reported to HR I don't have that answer the second question is how if I can if I may for an OPAC police employee if it must be reported immediately so I believe there's a yes allow me to weigh in so we have 13 departments here uh and the it's the responsibility of the department head to report to HR here this employee one of the public works department uh employees and and that would be Arya Austin so Mr Austin would have had to be informed uh that his employee was in was involved in an accident and then Mr Austin would then have informed uh the HR Director that one of his employees was involved in an accident uh here again uh the monkey wrench that that went into the process is that this particular employee uh by the time we were aware that he was in an accident was already off the clock and at his home so at that time I'm sure that Mr Austin uh was not made aware and as again it took some a lot of detective work for us even to uh determine who was driving that vehicle as he was not driving his usually assigned vehicle the other question um Chief is how are vehicle assignments made for City Vehicles so for the opalo police department City our vehicles are assigned by senority um our police vehicles are assigned by senority and the newest Vehicles goes to it's a it's a process too lengthy to get into but to make it short by seniority if we have a new vehicle that comes in and the senior guy just got a new vehicle a year ago that next vehicle go to the to the next senior man on the department and what is the penalty for driving a vehicle not assigned that was one of the inquiry questions that the commission had so if someone is driving a vehicle that's not assigned that would be uh an investigation and at some point a disciplinary process will follow through normally though uh before a vehicle if someone's vehicle goes down and it has to go to public works or to to uh Chevrolet or for to get fixed a loner is automatically uh provided for that officer and it's automat it's an automatic uh shift so I had in my two years two and a half years here I haven't had an issue where one of my officers driving a vehicle that's not ass son him so Mr commission commissioner Kelly I had a question I thank you Chief but the questions really were not related to a a police vehicle they're related to a public works vehicle so as the manager said that goes to whoever's in charge of public works that really is not falling under you that's why I didn't ask you that question um about that because those that's a public works vehicle so to me that's not a question for you to answer I mean I know you're answering for the police department and that's why I didn't stop you when you showed us your list of vehicles and all that because the question that came up in inquiry was in public works how do you sign out a vehicle in public works how does it assigned how does it come back and that's a real question and the manager just said that that falls under the directorship of the Public Works director so the question really needs to go to Public Works director in my opinion as to how that process was not um followed now the manager can answer I think he did in a sense but yes um it is the it is the same process but I will call up Mr Austin if there's any specifics that he'd like to add how Public Works assigns their vehicles and before you start Mr Austin uh through the mayor to commissioner Kelly I just want to uh clarify give one point of clarification to the conversation that you were having uh with the chief of police earlier um the chief said that I knew before he did uh that's not exactly correct uh when the chief and the chief did call me to inform me of what happened uh but I had uh two reports in front of me and since I have a more familiar understanding of who our staff is uh there was one report that described um that described the driver as a older white male so when the chief called me and said hey we know who it is we got it we think it's one of our employees it's uh he said a name and and I knew for a fact that that name was a black male I said Chief that's not the right person I said because the the eyewitness testimony here says that it's this was the description I said so you've got to find a public works employee that fits or an employee that has been assigned a vehicle that fixed that description and I think that's what aided them in identifying um um the employee M thank you thank you for the explanation and again see the confusion because we're being told one thing and then secondarily being told something else so imagine the confusion trying to figure out what is right it's nothing against employee because people have accidents people you know that's that's human nature we all so that's not the issue but the issue is making sure the policy and the process is correct and we're getting different information and the public is getting information we need to know clearly what it's the Polish procedure so the manager clarified he kind of assisted because he knew it was not Black versus what have you because originally we were told that that information or that didn't go to the person for two days the chief said 700 p.m. so the manag kind of clarified that so the question really is in public works is it just like the police department in terms of the assigning vehicles but I'll let you explain to us how it is good evening irie Austin Public Works director for the public works department vehicles are assigned specifically for those who have take-home Vehicles otherwise vehicles are assigned by immediate supervisors for the day's task in a on a pool basis of vle is assigned to uh a utility worker for him to use a day somebody else could drive that same vehicle tomorrow however in this case because the individual that was driving that vehicle had a take-home vehicle his vehicle was assigned the second vehicle was assigned to him by a work order and was inspected prior to him taking it out on the road then how did we not know that they had the vehicle as soon as the number came up what have you how could we not know that that vehicles are signed if they signed it out because what was used to identify the driver of that vehicle is our GPS system we do not go to the extent of changing the GPS user information on a consistent basis because uh that that's okay M Miss Austin you said someone signed it out signed it out on a work order from inside the mot so someone signed it out there was a signature of a name I I'm not talking about a GPS I'm saying if you have a process is that what you're saying you have a process your vehicle down you got to sign out for another vehicle correct so when that vehicle of Public Works was in accident and brought back and and whatever how could someone from staff not know that that vehicle had been signed out from someone that shouldn't have had it or well they should have had it because somebody authorized a signature how could that not be known so the police would know way before that would be known but it's not it's not communicated to the police those records are held in public works at the time of the incident Public Works was already closed for the day and this information was garnered to the police the following available work hour so you know and I and I hate to do this but so if I want to have access employee have it at 4:55 because the City closes at 5 so therefore nothing's gonna happen to the next day and I have do it on Friday nothing's happened till Monday it's it's in the public works work order system if someone had requested that information from the public works department from a work order system that was going to be provided to them well the police just said they didn't know the manager said he found out because he just happened to know one employee you know versus another I'm not sure why that wasn't conveyed to them you're not sure why it wasn't conveyed to them but okay all right um there is definitely a disconnect that that needs to be addressed within the Departments when you're talking about a Vehicles being assigned out or sign back in again it's not the idea of an accident because things to happen but we got to have a policy especially with all these new vehicles we got around here that people are accountable and if they're signed out it's should very easy to track that person who signed regardless of the GPS but who signed out for that vehicle and access the information to the police if they should need it I don't care if it's 247 or whatever because you and probably your top folks are always on call it's in their work harder management system sir well obviously you know I guess the police didn't know about the work order management system I'm not sure what happened there okay all right since everybody want to play on words we're gonna play on words nobody's not sure I'm not sure you see where that puts the commission Mr manager because I talk to you not the staff see what that puts the commission and while we have to ask these kind of question because very unclear as to what the policy and the process when you have two departments that are not communicating and so we got to ask the question how did the person even get a a citation how was the vehicle found out that that's very um disheartening to know we don't have something in place from the top to deal um with those kind of issues but thank you for your your answ I appreciate it all right any other questions to the manager as it relates to the inquiry mayor Mr Mayor one second um Madam attorney commissioner k i I know um I don't know if they have it but again goes to the question that I asked at the bottom if the chief doesn't have a manager we can get it later that are part of the inquiry Uh current investigations all the things are just listed they're they're in your document under the uh whereas on page 73 so I don't want to belab the point um but I'd like to get that information was part of the inquiry thank you Mr Mayor no problem all right um any other questions on this Mr Mayor um Madam attorney Mr manager I do have one as it relates to the bonus structure yes can you speak to that yes so so appears that the there are three slides that are missing so and it's on that third slide so when the chief provides the updated one it will be in there but let me just read it for the record um in December of 20 in December of 2023 uh vice mayor Natasha Irvin uh uh requested that Administration work on a a Christmas bonus uh for the employees of of the city uh we worked on that bonus I directed all the department heads to evaluate all of 166 employees before the end of the year uh that was accomplished uh in all 166 employees of the city was evaluated however uh we didn't we were unable able to get a special commission meeting uh to approve approve the bonus in January we were also unable to have this particular item ready for the commission and I again again directed the city staff to prepare for quarterly bonus now we normally just do bonuses uh once a year right now we would like to work with HR to move to twice a year but I requested that the city do a quarterly bonus in preparation uh to get this bonus out however the dates um when this was approved by the Commission in February the dates that are in the resolution were outside the dates of the evaluation period uh and management didn't catch the slip that the evaluation periods have to match uh when we did catch the when we did catch the slip we initiated and put out a new uh evaluation period which ends on September uh within this current fiscal year and have requested the mission to approve the new date and that's where we are okay and that's coming before us uh hopefully SE September September 11th September 11 and the evalu the new evaluation period ends on September 23d Mr Mayor commiss Kelly thank you uh for that response Mr manager um you said it was a slip that staff didn't catch it or you didn't catch the uh time frames outside of the evaluation process yes because we normally only do evaluations once a year so we've now asked the department heads to evaluate all the staff twice but those could not be used uh legally uh according to the law it has to be a a set evaluation period not like a normal quarterly or normal biannual even an annual has to be a period where you there's notice given and that is the period that the we're going to evaluate this the staff on it ends on September 23rd and everyone that participates on there would then be able to uh would then be able to participate in the bond um I I didn't sponsor the item I did support it Vice May Irvin sponsored it um was this communicated to her because I don't remember coming back to the commission and the reason I say that because yes the way it was profited was a one time Merit bonus of 250 that's what was profited on the agenda as a one time because I remember asking the same question employees get evaluations um yearly but this was supposed to be a one-time um bonus who demonstrate satisfaction performance on their annual valuation so the thinking was that they' already been evaluated so you would take that evaluation and based on it being a satisfactory one they would get the 200 $150 or whatever the amount and even in your proposed action on your documentation passed by the commission um it says the staff even recommended the one-time Merit bonus in amount of 250 for the demonstration satisfaction of performance so when you discovered that you could not do that that's why I'm going back again because this was February here we are now in basically September was that communicated because I know we passed it not based on their annual evaluation this was supposed to be a one time really trying to get it done around the Christmas time um and that was the purpose of it so when you realize that you could not do it um on a one time and had to do it based on evaluations was that communicated because I don't remember uh hearing it and again I wasn't a sponsor so that's why I'm asking maybe you uh spoke with a sponsor about it because when we passed it was supposed to be at one time yes sir so uh this was not this was not realized until May or June of this year and that time and the question was uh why can't we do this so it wasn't clear why we couldn't do this so we had to get some clarification on one how do we fix this and how do we address this um when the uh the sponsor did ask for a status and update I did communicate to her exactly what happened as I recited at the at the previous commission meeting uh through text and through uh phone call thank you yes sir all M Mr Mayor I just need to put on the record as I did before he he can't just say he's going to do another one and they're going to do whatever they're doing in September there was a specific resolution that had specific dates that things were supposed to be done that's what the statute requires so if he's saying now that he's doing something in September and it hasn't come back for approval before the commission that's going to be illegal so it's required that there be a specific date a timeline that it State specific when the payments are supposed to be made when the evaluations are supposed to be performed that was not done and so it can't just be where the manager comes back or says it's going to be done in September he actually has to bring back a new resolution for the mission commission to approve with and I and I said this when it was passed I said it's written clearly in the resolution SE 11 that's what's coming back on September 11 so you can't be evaluating right now if you're bringing it back you can't you know you can't nothing can take place before it's noticed before it's published before all of these things are done then it's approved by you all then an evaluation takes place so if an evaluation is taking place right now that's illegal it's improper thank you madam attorney so my suggestion is that you all work that out absolutely yes sir right yes so are we taking this in sections is that what we're doing are we taking in sections where are we well we just did uh the police department yes there are again if I could for the record uh I'd like to again there was a a portion of a slide that was missing from the chief of police uh which had to do with the chief of police do the whole resolution no no he did not oh just that section okay yes and there are three appears to be three slides that are not in his presentation that will be along with the policies and procedures that will be with the uh updated when the when the commission receives the updated one the complete package but I would like to read um those responses for the record uh go ahead okay um whereas the city commission desires to inquire as to the process for notifying the city commission when employees are terminated the city Commission further desires to obtain any written procedures for exit interviews conducted by all employees who leave the city uh HR director is currently working on uh policies and procedures for exit interviews we do not have a print written policy uh for notification of termination uh I notify the commission uh since being requested by the commission to to know when an employee is being terminated so when employee is terminated I immediately send an email out to the entire commission copying uh the city clerk for her records and I'll take any questions you have about that process Mr Mayor commiss I I I I know it sounds challenging and I apologize on one end but I don't on the other because that's why we're having to do this yes Mr manager you do send out and email via the clerk but it's selective some emails say this employee is terminated and it's very vague others terminated it's very de detail others are terminated we don't get anything we don't get anything we get it from the community then we inquire we get some kind of response sometimes and I know may come across you know is you want to beat up the manager I'm not beating up anybody I'm just stating facts I'm stating facts and so when you state the facts Kell listen so what we what we're going to do is respect each other or we're gonna have to and we're going to continue the meeting but we need I can take care of myself don't worry about I can take care myself I can take care of myself commissioner just let folks talk Mr Mayor you're the you're in charge you're the chair you're the chair and that's right I will continue to uh speak as I'm trying to do you gave us information on some what I'm saying for the record since you put on the record is that if you're going to give the procedures of how these ex interviews or terminations are done they need to be done consistently and need to be done in accordance where everybody is treated the same in terms of notification when it occurs now you're saying now that the HR Director is working on policies and procedures and of course we've heard that for a long time on Poli procedures so if we're going to do that and we're waiting on that because again the wants any written procedures so we don't have any currently if what I'm hearing you're saying correctly Mr manager we don't have any currently that's correct okay so that take care that we don't have any so we just having to do thank you Mr Mayor all right all right and that's the one you said that um go ahead I'm sorry you said you had another question for well I'm I'm wondering how we're um going in order I think that's what the manager said he was going to do you yes all right go ahead yes I'm going to there were three slids missing from Chief's presentation and I'm going to give the information uh the very next one uh is the city commission expressed great concern uh during the July 24th uh City commission meeting regarding the use of City commission Chambers for pictures taken by a candidate familiar to the city manager who is running for city office in a nearby municipality the city commission specifically desires any written policies and procedures on how the city commission change ERS is made available to outside persons not concerned uh not connected with the city the city commission desires a detailed report on all instances uh where the commission Chambers and any facility that has been utilized and approved uh by the city manager without knowledge of the city commission during his tenure with the city uh the city commission further Desires in investigation into the name of the photographer involved who took pictures related to the discussion that took place during the July 24th 24 meeting the time and reasons allegedly provided that led to the approval of a city manager authorizing political photos uh to be taken with the within the chambers of the city commission so let me address the easiest portion first um and that's just providing a roster of the entities uh that have utilized the commission Chambers uh on November 3rd 223rd 5,000 Role Models uh did an induction ceremony here and took photos uh on January 8th 2024 the walking onestep led by a Wayne Rollins uh utilized the commission Chambers as well uh on January 24th 2024 uh the um the DAT Chiefs meet and greet uh was allowed to occur here um and and then our own Police Department utilized the chambers on April 3rd 2024 for a police department mandatory staff meeting uh Mr Rollins came back back in May 20 2024 and walking One Stop utilized the commission Chambers and a IPM training uh that the uh chief of police discussed uh where our officers were uh got training and certifications occurred on a April 29th April 30th and May 1st uh in addition uh there have been to my knowledge no political photos uh ever taken Within These Chambers um the photos that were presented to the commission by a resident were photo phot taken from an iPhone those were not professional photos taken by by a photographer uh the candidate in in the candidate in question uh Dr Michelle Po councilwoman elect for the City of Miami Gardens is running for Miami Gardens was running at that time for a Miami Garden seat if we look at all of her political campaign materials uh all of her photos utilized were taking and utilized we're taking in Miami Gardens and utilized for eras in Miami Gardens uh I was in the commission Chambers uh on on the on the date in question uh the party uh I was attending with them to go to um to Miami Gardens I was actually the subject was supposed to be the subject of the photo shoot that was to be done by Brooks modeling uh a modeling company that did not that did not occur uh I declined uh I decline and he said well I want to see myself taking some work so I took photos of those were photos that I took from a iPhone and they were never utilized for any political or campaign campaign purposes uh by that candidate's campaign I'll take any questions that you have regarding that issue any questions for the manager okay I'm sorry I have a question but I need to go back one if to the first whereas um commissioner Kelly did M Mr manager I'm sorry goad you commissioner Kelly did say that we have been waiting on um these policies and procedures for a while and we have and uh Mr Mayor my question I would like to ask um HR um or the manager somebody when are we're expected to have these um policies and procedures because if I'm not mistaken we have not updated our policies and procedures since uh 2018 or 2008 or something it's been a really long long long time I think uh and I can answer that I believe that the last official version of HR policies and procedures for the city of opalak I believe is 2006 is the excuse me 2007 uh so we've been operating on policy and procedures uh when you you know Data Systems Information Systems uh technology was quite different in 2007 than it is in two 2024 so our actual policies procedures are 14 years old uh Mrs Adams has been working diligently since uh being brought on in December uh she has presented to myself and assistant city manager Lawson the first version the first draft uh we have gone through I believe approximately onethird of that draft but it's significant work it's significant heavy low to bring a city in HR policy procedures from 2007 to 2024 forward 14 years uh I anticipate to answer the vice mayor's question I anticipate we wish we should have that done in the next 30 to 45 days okay thank you now Ma if I may go to my question um if I wanted to take pictures that were not if I wanted to rent out this room to do pictures or whatever is there a procedure is there a procedure that I have to go through to rent out this room no we don't rent out this room okay so the so how do how do one get to take pictures in this room well if you're utilizing it for one of the lists that we said here um then you would contact either the clerk's office or contact the city manager's office if you're in this if you're in this room and you want to take a picture you can okay okay all right um I would like to add a portion uh add an addendum to the portion of uh Chief's Pres a where he just covered uh investigations uh whereas with respect to the matter involving three or more par employees fired by the city manager during the year 2024 pertaining to the discussion held at the July 24th 2024 City commission meeting the city commission desires to make inquiry and investigations as to whether uh as to whether inquiries involving Park sponsors have anything to do with the do with the three or more Park employees fired by the city manager and if so the nature of the inquiry um so let me respond to that first uh that was an uh and I'll say what I believe I can say that as as stated before on previous two occasions that's an open investigation and um I want to be clear uh the city manager doesn't or should not uh be directing investigations um and in fact often times as you are the head of the organization I'm looked at first I looked at first uh I received the first phone call who is this uh who is this person how do you uh how what is her relationship with the city of what is her relationship with the city of opaka and it was quite a surprise to me uh when uh Miss Carolyn ranoso came to the city commission and said you know discussed about the sponsorship program I turned to the assistant city manager and I said uh do you know do you know this lady because I don't know her and neither of us knew her so when officers came to ask you know what's going on here what's the relationship we weren't able to answer those queries but we were we were asked first uh so I think that there seems to be a pres a perception that the city manager is somehow directing the FDLE directing uh Miami day public Corruptions unit uh directing the FBI or even directing opaka police department and that's just simply not how it works and I'll take any questions you have about that process if if if I may ask because this um Miss Carolyn also issued letters those letters were not for the city manager's office those letters was giving to our assistant Mr Mesa to give to the day is I don't believe they ever got one I got mine because I requested it we never got it so those letters were not for the city manager's office they were for us so how did you guys get that get that letter so again when you say how did you guys get that letter uh there is a difference between the city manager's office and the opaka police department I'll speak how I got it those and I didn't get all of them but I saw there were a ton of those sponsorship letters still left on the chairs I was still very curious not having any previous knowledge of that and I picked up I picked up one I picked up one and then for further clarification and I think this is important to note anything that you receive is a public record anything that you receive is a public record uh so anyone could request it from you uh anyone could go to the clerk's office and State uh when did we receive this so um I hope that clears up no it doesn't Okay because how did how did the police department even receive them when they were designated for us and we were the only ones that didn't we did not get it they were in an envelope I'm not aware that you didn't get it but again I will say for the record there were letters that were being I saw them being handed out into the crowd we're talking about the sponsorship letters what whatever papers I picked up one I I picked up one I believe there's like three or four versions I picked up one myself Miss Carolyn is in in in the um no no no no no um yeah I I I'm going to say I don't believe that and uh what was for us need to come to us going forward it needs to come to who it's designated for we don't get to get things that somebody give to somebody and then for the police department but then we have it it doesn't work like that it it doesn't work like that I saw the we the ma the mayor directed her to give it to Stephen but yet and still we didn't receive it but it became some kind of part of a investigation uh totally calls for totally well let me uh respond to that uh again I found out that we had opaka police department uh officers in pompo from you I was not of I I do not control the movements and investigations of officers it would be improper I found out from you that we had officers uh in pompo that's not how police departments work that's not how City manager's office work um you cannot have a city manager that can control investigations and can say open investigation on this person close the investigation on that person and I am aware that that has happened in the past I'm aware of that but as improper and my office has never done that nor will we ever now to the to comment that you know those were intended for you and you didn't receive them I have no dog in that race I I don't I'm not going to do it Mr Mayor commissioner Kelly thank you I'm I'm going again by the document presented um page 74 of 89 as to the request of the inquiry by the commission the commission desires make inquiry investigation as to whether employees fired by the city manager um if so the nature of the inquiry and also desires make inquiry investigation as to whether inquiries involving Park sponsors have anything to do with three or more employees fired by the city manager and so the nature of the Inquirer the city manager shall be required to specify the rationale behind an investigation taking place subsequent to the termination of Park employees the city manag shall State what other investigations are taking place by naming specific agency's department and contact people responsible for conducting investigation of Park employees the city manager shall name any person said to be involved in reports of alleged ethics violations made in connection with Park employees if the city's Police Department is involved in investigating reasons associated with the firing of Park employees if not the city manager shall detail the results of any closed investigations the the P person responsible for conducting the investigation shall be named if the city manager alleges that investigation is ongoing and active State the date the investigation started and how long the investigation expected to be maintained those are the questions from the inquiry Mr manager those are the questions that we need to get an answer because those are ones I'm referencing absolutely and I look forward to answering those as I stated there were three slids missing uh they will be in your updated package I had referenced that that question was going to be answered and I I'm sorry I don't mean to cut you off but you keep referencing the packet and it's like the fourth time that you say it is there anyone in here in your office that can go get that packet that you keep referencing the three pages that I'm missing and bring it to the commission um because you I'm not sure if I have a copy in the or if the chief has a copy uh in his office assistant city managers neither I'm not sure if they so the answer is I I don't the answer is no you have it on your email or anything the answer is no sir uh okay Mr Mayor I just wanted to put that on the record since we're putting things on the record because that's a part of what we ask for in inquiry so the manager said that sent some information he plans to to get to us later but I wanted to be on the record because that is specifically what the commission desire to make inquiry regarding this points again nothing not making up it's part of documentation that was approved back in July so we can go ahead and move forward to the next um bullet point Mr Mayor um I I do want to put on since yall are putting things on the record sometimes I'm told that ethics was here or ethics looked at or review the commission meeting or something like that and I just don't want it to be stated and not and my not addressing the issue of political campaign activities um you can find on the commission of Ethics Mi a County um Commission on ethics website it specifically talks about political campaign activities may not involve the use of public resources in support of any political campaign or candidate including office stationer telephones computers vehicles uh taxpayer monies must be used exclusively for public purposes so people can't just come and take pictures inside of your Chambers so I don't want you all with campaign season coming up you you know coming and just using the resources of the city and and getting TR so I want to put that on the record in case miam county is watching that your you know your legal attorney did tell you um you cannot do that kind of stuff okay thanks and Mr Mayor thank you madam attorney just Madam clerk just to add to that that memorandum from the commission on ethics is provided every election year to all City vote block employees via email and we post it on the bulletin outside of the elevator on the fourth floor thank you and Mr Mayor just so that manager thank you sir so just so what there we're clear and And to clarify the point once again uh to my knowledge there have not been any political photos taken inside the commission Chambers Mr Man you want to go to the next bullet point please uh yes uh so our final bullet point regards the uh regarding the three uh employees that were terminated I will provide uh the bullet point detail from uh I'll give some more details to the bullet points uh that are in uh um the the chief's presentation um on um on on Sunday June uh June 29th I attended locals Baptist Church um where where I after the service I decided to tour the parks facilities uh after after the service the first church the first Park that I decided to uh review was seagull Park upon arriving upon seagull Park the gates were open residents were on the park residents were on the Pavilion as it should be um at that time I the the employees do not have to actually be on the park but I since it was so early around 11:30 at that time I decided to go inside the park just to let the staff know that um we have residents on the grounds maybe they weren't aware that residents were on the ground they don't have to stay out there with them but they need to know that they're there and come out and check on them from time to time upon getting to the doors of seagull Park I found them locked uh which was very disturbing and very shocking to me I looked uh I looked on the door and it had a sign there it had two signs there one it had a clock that said we'll be returning at 9:30 a.m. beside that clock it also had a sign with a telephone number that says if you need anything call Butler so I took photos of the gates I took photos of the residents on the park I took photos of the clock I took photos of the note on the door and I sent them to the assistant city manager Shema Lawson I then decided I saidwell uh my concern was what happens if something happens to any of these residents are out here and there's no uh member of the park staff on the grounds my next concern is we have Park we have residents actually on these grounds that are being utilized this Sunday morning where are they going to use the restroom SEO Park is locked um so I then went over to Ingram Park when I arrived to Ingram Park the staff was outside uh with the resident I walked over to the staff I said hi I just uh left uh I just left seagull Park um I just left seagull Park uh do you know who's supposed to be there uh that staff member that staff member said uh I don't know um but let me call someone she called the number that was uh she called the number that was posted on the sign for Butler and um and she didn't get an answer but I was still standing there when that employee Terrence Butler called her back and I'm standing there listening to their exchange and he said to her he said to her uh well she first said to him she said the manager is here and he just came from seagull Park he wants to know who's supposed to be over there uh and is it supposed to be you and he says to her uh he says to her yes I left to go get something to eat that was the response that he told her now here's a problem the challenge that I have with that is the sign that he left on the on the park door said I shall be returning at 9:30 a.m. it was 11:45 when I arrived so he got off the phone with her uh I left uh I left I drove off and I immediately called his uh supervisor uh who was the superintendent darari Griffin and uh when spoke to Mr Griffin I said to him I said what's going on with seagull Park uh he said to me and this is what he said to me he said the gentleman that's supposed to be there Terrence Terrence Butler he got a headache and he went to Walmart to go get some aspirin and I said toari there's a lot of I have a lot of challenges with that response I said first and foremost I said first and foremost uh he just told another employee uh that he went to go get something to eat and Mr Griffin said well I can only share with you what he said to me um the next thing I said I said uh the next challenge I have with that response is every single Parks facility is has a first aid kit in that first aid kit is aspirin so if he wants to address a headache while he's on our clock I said the most appropriate thing for him to do is to open up one of those first aid kits and take out the aspirin um uh Mr Griffith said to me I was not aware that we had uh first aid kits at every single one of the parks facility and I also was not aware that the first a kids had aspirin I said what darari that's a problem I said I have promoted you to superintendent of the parks that is the second in command of the parks facilities you should know these things and be aware of these things and I Then I then it was a time for a teaching moment I said to Mr Griffith who uh I promoted to that position uh he'd been on the parks grounds for 13 years and I saw an untapped Talent uh so that's why I promoted him to the park superintendent and uh and that's why I promoted him to the park superintendent and so I said to him I said you need to understand the liability of having someone on your clock and driving around uh throughout Miami day County I said if something happens to him on his way to onto Walmart whether he damages uh whether he damages another vehicle or injures himself injures another person I said the city of opaka we're liable for that I said we are we are liable for that and then I had the discussion with him about what about the what about the residents that are utilizing the park you can't just let him leave the facility like that uh he if he need if he's sick he needs to clock out and go home and somebody needs to come there and replace him um and that's the conversation that's the conversation that we had um upon um uh upon having that conversation with him I did say I said what I'd like for us to do I said let's get some additional uh remedial Management training and that was the discussion that we had that I had with him that was the discussion that I had with uh and I had that conversation with Miss Lawson as well uh and she and she agreed at that at at that point though the determination uh when I met with Miss Lawson the next day which that Monday was this that Monday June the 30th was to uh uh terminate Mr Terrence Butler uh for abandoning his shift he had uh um um he had been with the parks parks for less than a year he was a part-time employee and uh for him to feel comfortable leaving those residents uh on that Park uh was unconscionable to me uh and and at that point he was his uh services with the city of opaka was terminated now um and for me uh that was the end uh however once Terrence Butler was terminated uh several employees approached um Miss Lawson uh and said well if you're going to terminate uh if you're going to terminate um Terrence Butler for what he did you need to look at this employee and you need to look at that employee which Miss Lawson did um um those two employees uh one was darari Griffith where a claim was made uh by one of his co-workers uh that he uh had another job um outside the city of Obaka where he attended that job excuse me one second can we take one at a time oh we got let he going to run through all three and then we ask questions or you have questions oh okay goe I I'll take questions okay for Terrence berer so you said that that that there was a clock on the the door that say be back at 9:30 correct is that a standard clock sign that have the little things where you put 9:30 yes and I can share the photos with you as oh no I'm saying cuz that's that's the time to part opens am I correct um it said I will be back at 9:30 so that's what I that's what I took the picture of and that's how I'm saying from the night before that 9:30 could be there so if anybody show up they know that the park somebody will be here at 9:30 well vice mayor that's even worse to me because that seems to indicate to me that he either didn't update it before he left or he didn't even clock he didn't even come there so for me that's even that's not I I I don't that no what because you go to businesses all the time and they have it it just stays there all the time what time it comes back and stuff like that um thank you so much um aspirin you said that the the the first aid kids have aspirin in everybody can't take aspirin my husband can't take aspirin if you give them aspirin you're going to be called a 911 I've just recently started being able to uh accept aspirin um so everybody can't have a aspirin everybody can't take aspirin has this man been written up before like we're so quick to immediate immediately follow people fire people but how does these people are informed of their rights as employees when our when when our paperwork haven't been uh updated since February uh February 28th of 2007 so so let me let me respond to both of those uh first please please because we've been all night asking him to be quiet all night please Vice so um you you made two statements there one about taking aspirin and two about um opportunities uh so as a city manager I represent the staff so it's a tenuous position where uh I work with the staff I represent the staff I support the staff but I also have to discipline the staff here I had already uh and I did not put this in his file uh but I this particular employee had already had had just been with us barely a year and I had already had an in with this with him that I did not share with the assistant city manager and I did not share uh with the parks director uh uh one Sunday he works uh he works on Sundays uh assigned to Seagle Park one Sunday my fiance and I uh went to breakfast at um Jackson Jackson soul food uh we were in there eating soul food and the gentle this employee came in while supposedly on his shift and I walked up to him and I said well he saw me I saw him um and I finished my food I turned to I turned to my fiance I said you know that's one of our staff members and she goes is he supposed to be in here right now I said well I said well he could be on his lunch break uh and somebody could have uh and and come somebody could have relieved him for him to come here he could be you know they do food runs sometimes so they assign one of them to go pick up food for all of them so I said I'll say something something to him on the way out and I did and I he and I said is somebody at the parks right now he said no I said you got to take care of that make sure it doesn't happen again and he was like yes sir so now unfortunately he's not here well but his story is did you check to see if he was even working that Sunday well I asked him a question and here's what most important thing you wanted to know if I given that that gentleman an opportunity and so I didn't uh I gave him Grace I did not look to discipline him on that day but if now a year later the exact same thing happens on the exact same sun on the exact same day uh yes I am going to take uh I am going to take action for him and then to the reference with the the aspirin um whatever it is you take um you know that is not important to me but what's not going to what's not going to happen is that you be on the clock for the city of opaka and be somewhere else beside your duty station now what I'm glad you mentioned that what would be what would be appropriate well if he would have called uh Mr Griffin and said Mr Griffin can you come stand by I'm going to run to Walmart and get whatever I need or I'm gonna go home when I get whatever I need but according to Mr Griffith that wouldn't happen he just left okay now let me say this and I'm not the only one that received it if you fired him because he left or whatever I have several pictures in my phone of you not in city of opaka the last two weeks you were out campaigning at the at the library when you indeed supposed to be here that's not true oh that is absolutely not true and I'm and I welcome to I welcome to address that because I received those same photos the first photo come come please please please and in fact I find that infringement on my part on my personal life um there was one day that I was out there and I was on leave that day uh on and and the other photos that you have was a was a Sunday I I know the photos that you have uh they were they were Tak you know the ones that I have I I I do I do it's fine I do uh one was taken of the chief of the police with the with the I'm not referencing that photo okay all right well the the other the other photo the other photo I actually received from a member of the commission and I addressed the member of the commission and I said I said I am I was not campaigning I said I was um my partner she left her purse at home and by and she left her purse at home and by the time I got to City Hall I had already had photos of me dropping off her purse to her I did not campaign I did not hand out flyers I did not get on the microphone and I wasn't even there at that station for more than 15 minutes but I do find it I do find it interesting that um photos would be taken of me uh outside the city of opaka uh inside the city of miam City of Miami Gardens uh twice on a Sunday twice on a Sunday and one on a Monday when I'm on leave and Tak him back to members of the commission and then share and then those members of the commission would share them um Mr Mayor again please please Vice May okay okay you go if you say so that's what it is okay if you say so commissioner Kelly thank you um I'm not going to address the aspirin or the bottom line you upheld the assistant you said the assistant city manager made the decision to terminate him no no I never said that uh the assistant you didn't say that no sir okay well tell me what you said then because I thought you said the cist city manager is the one that runs that is over that department yes so who made the determination to terminate this gentleman I did I did say I met with I do take I take recommendations from all management okay so she recommended it and you upheld the recommendation yes okay um and again okay so you upheld recommend that's what I was asking you oh yes sir okay thank you um I'm going back again to what is here is that the the normal because you say they had done something a year before that you had gave them Grace yes um and on this particular case because of what happened nobody's a strong advocate for Parks than me so I want to see staff uh there um and so I'm not I'm not getting into that part what I'm getting into is you felt at that point again I can only ask this in inquiry session that that road to the level of termination when you indicated that there needed to be some remediation and some training um for staff but in this case you felt it Rose to the level of termination I stated that there needed to be remed remedial Management training for Mr Griffith the park superintendent I stand by the termination of Terrence Butler because he wasn't there he abandoned his duty station and put the residents of the city of opaka that were utilizing those Parks facility at risk okay so if an employee is not where it's supposed to be and they're abandoned their job then that's ground for termination depending on the circumstances here here he put the residents that were utilizing those Park facilities at risk I'm not I'm not disagreeing you're the manager you can do that what I'm only going by is this and Mr Mayor to my colleague I'm to say this because it really applies all of these I appreciate the answers you're giv the challenge I have is this was part of an inquiry that we were supposed to receive in writing okay supposed to receive in writing and what what's unfair is you're giving the facts as you see them the employees and whoever else is not here to defend themselves the public whoever's watching is only getting what is being said my position and you know this and everybody does I go by black and white and we requested all of this whatever you're saying is fine if that's what you wanted to do but we requested it and documentation written documentation which is not being provided so now we're going Point by point we're hearing your your explanation which as the manager you can have and you're within your rights to terminate Etc but the commission made a directive to receive this documentation and right which we didn't get we don't have and so that's the challenge I have because we don't have we're hearing this now about not being there aspirin all of that is fine you upheld the ciity manage decision that's fine with me as well because you hire and fire my challenge for this is we requested this as part of the inquiry in black and white and we did not get that and so that's that's the challenge I have because now I'm hearing this just like I've heard other things but I can only go by and what I try to go by what is in documented form because that's the only thing I can point to that has a record and so what you're saying I'm notating but I want to say that to my colleagues we ask for it that's why you Haven an inquired to get things in documentation uh form so I I want to make that very clear uh with regard to this employee since the vice mayor broke it up so now we'll move on to the other ones I guessed no problem Mr manager yes so uh once Terence Butler was terminated um several of his several arcs employees approached Miss Lawson at different times to my understanding uh making complaints that they felt that the termination of Terence Butler was unfair when other employees on the parks department were allowed to do according from their perspective same or similar things um and at that point in time um Miss uh Miss Lawson shared with me what had been shared with her and requested to look into it I said absolutely if these things have been shared with you you must look into them um there were uh two individuals that were named uh one was Michael King uh a statement had been made by uh two employees that he was being allowed to uh clock in and clock out excuse me clock in and then leave uh for the day and they even gave uh dates and times to my understanding in and Miss Lawson looked into that uh pulled the uh pulled the payroll records and found where he had clocked in but did not clock out um and when that was verified we now have employee testimony we now have a financial record supporting the employee employee testimony a recommendation was made to me to terminate uh uh Michael King and I accepted that recommendation Mr May Mr Mayor vice mayor okay Mr manager is there a time clock at Ingram Park no so you don't know if he was pocking in at sherbundy and then driving over to Ingram Park to start his day he was not assigned to Ingram Park so I what I do know is where you're supposed to be uh now if that changed uh the parks director should have said said that but that's not what the parks director said to my belief he to your belief worked at Ingram Park I was under the impression that every Park had a a a check out well even if he worked at even if he did work at Ingram Park which does not have a clock out wherever he clocked out to start his shift that's where he should have went back to to end his shift but that did not occur okay sir so if you clocked in if you were able to find your way to clock in you need to be able to find your way to clock out but that was not what was shared with me okay so okay okay so listen this is what we're gonna do if the chatter from the chamber continue we're going to ask you all to leave because we can't keep doing we're trying to conduct business but you all keep interrupting when people are talking we gave you your time doing public input to speak and I stopped everybody when interrupted you all so I'm asking you to give the same Grace and respect to the people that are up here on this di talking um the manager the vice man had the floor so we're going to give it back to them so we're asking that you please stop go ahead V okay [Music] um so had had had Mike been written up before this is his first offense what H H how how do we go about saying that's it he's fired well I'm I'm glad you I'm glad you asked that so the question one second excuse me sir because if I made say so he was away with the Army Reserves and the only way he found out that he was fired was through Facebook as to him being fired he didn't know he got off the plane from doing a two week or whatever train they do for the United States Army and it was on Facebook that he realized that he found out that he had been fired all right so I'm not sure how that's pertinent to what he did uh and as a veteran and as a veteran myself well is pertinent because how do you not inform somebody that they're being terminated I'll let Miss lawon address that if she wants to go through the process that was but you f you fir her Miss l fire I yes I sign a piece of paper but I don't do an exit interview with a or a meeting with an entry-level part-time employee that doesn't occur man okay sir go ahead to the next one sir okay so oh I'm sorry no that was the next one I just want to ask a question everything that you just said again we don't have it in document it documented and the employees on record who made the complaint or who said you need to look at everybody because you said it's it's documented so we don't have it is it documented and the employees on record that said whatever they said and everything is documented um that we can see it because obviously part of a process I'm assuming is it document is this document which you just said and the employees on record so I'm giving you the information that I can provide you uh as again as I shared on on July 10th these are now subject to criminal investigation um whenever um the chief of police approached me when this matter began to blow up and he uh and the HR Director said to me stealing enough time has to be reported uh and I I shared with them both that I'm aware of that and that we're going to move forward on that uh let's see if we can resolve these issues first um as this blew up and moved forward uh and became a Facebook story uh it became uh times sensitive to get that information and not look like we're delaying so at that point I did follow the recommendation and submit these uh uh and submit uh the files over to the appropriate uh law enforcement authorities but the challenge I have Mr manager while you sent these files over with your study making statements that are saying that they document no no no you're making stat about employees or whatever but we don't have that but you're saying you gave it to appropriate agencies which is fine then we should not even be discussing you shouldn't be discussing if it's an open investigation correct I agree I well but you you're you're talking as though it's not if it's an open investigation criminal investig which you just said but yet you're referencing various points of this yes sir situation yes so if it's an ongoing criminal investigation nothing should be said at all but yet you already given out several bullet points of why this should take place why you did this again if it's an open criminal investigation beyond your purview that's why the document that we asked for said whatever the agencies we didn't ask for you know like what they're doing specifically it said whatever the agencies that are doing it we just want to know who they are and that's why we want inocent form we're not trying to get into specific detail but you're giving certain detail bullet points at Jackson restaurant aspirin if it's open investigation on these things then we don't need to to hear about them because they open investigation being done by somebody we just need to know based on what we ask in that whereas those agencies and what they are doing we're getting bits and pieces which to me is going out in the public but it's not the whole story and I'm not debating whether you know you you hiring fire you you made that decision my challenge is we're not following the inquiry process as we ask in the documentation that's all I I'm concerned but now you see Miss Lawson can weigh in ETC but if it's an open investigation criminal investigation which is what you said correct yes I said that on July okay so then why we even only thing we should be doing then is you answering the questions that were raised as a part of the inquiry not any specific details but you're going into certain details but not all details so to me don't go into any of them if it's an open criminal investigation that works commissioner Kelly that works perfectly for me that would be if I challeng is manager you already open if I if I may finish sir I'm I'm I'm I'm talking um the the challenges maner come on that was that come on we we've been we've been working good we've been doing real good so it's a appropriate for me to be interrupted but it's not appropriate for me to interrupt is that what I'm hearing actually Mr manager Comm commissioner Kelly was talking but you interrupted him that's not true that's what happened he asked me a question I answered and I was trying to answer so I do agree with commissioner Kelly but I stated that these were these were under investigation on July 10th before the commission require this go ahead Mr manager so I informed the commission on July 10th before this inquiry came forward that uh these were under criminal investigation now I've had to have significant coaching on what you can say and what you can't say what I am able to provide what I'm able to provide you is the reasons for termination post that in the commencement of an investigation I can't provide you those details fin manager yes sir I don't interrupt you all I want is the reasons all I want is the reason you just said you gave the I wanted the reasons and black and white you gave the reasons verbally the reason should be in black and white per the directive correct of this inquiry that's all I'm saying yes sir thank you Mr Mayor thank you Mr manager yes sir okay all right so we're gonna move on from that um any other questions or concerns to the manager as it relates to the discussion item as a whole Mr Mayor um umiss B I just have one quick question where are the photos with the city manager working 9 to5 in opal ala that's all okay I'm sorry not 9 to 5 9 to 11 12 1:00 in the morning where photo Mr Mayor ver the same place where the park staff is here from 8 to 10 o'clock at night the photos in the same place being comp no no no we're not we're not doing that we're no no no no we're not doing that we're not doing that we're not doing that we're not doing that we're not doing that all right so uh Mr manager you said that the the additional the documentation you're going to yes absolutely give to the commission yes perfect so we're um moving on from this item Mr Mayor commissioner Kelly since we're putting things on the record I I want to put on the record that per the requests of resolution number 24-16 exercising inquiry and investigation Authority many of the directives and the questions that were asked and raised as a part of the discussion and put in black and white in documentation have not been answered by the manager on admission by the Chiefs on admission bits and pieces were left out some reasons were given for things but not actually given it to us in the document I just want to state that for the record thank you Mr Mayor thank you commissioner Kelly as we move on to item number three a resolution of the city Commission of the city of opaka Florida terminating city manager Darin E Williams and appointing an interim City manager providing for banking Authority incorporation of recitals and an effective date this is sponsored by vice mayor Irvin all right can I get a motion move it move by vicem man second second by commissioner Kelly Vice man yes this is my this is my item and as many of you all said I have no personal issue with the city manager we have been I have been the number one advocate for the manager but when I ran I ran on something so simple as standing up for what's right that's what I ran on and I'm going to stand up for what to write at all times now I am I am saying that the manager have conduct on becoming of a city employee I would say that uh we are in violation of rule number 19 I would say gross negligence in handling Affairs of the city willful disrespect of a direct order uh demand or policy of the commission if any of my colleagues would like to um chime in and add something more that's what I have um at this point any um discussion from the commission Mr Mayor commissioner Kelly um as you know I always am going to look at black and white page three of the manager's contract um again and everybody knows that I did not support the manager's contract but I have tried to work with the city manager I've met with him even gave me evaluation and suggestion on things I felt he need to work with so it's not happened in a a vacuum but what I will say is when I look at section three um Clause B again term for cause when you look at handling the city Affairs and it was stated early about we are have so much money but if you look at the trend over the last couple of years and look at the information even given to us by the budget Department we're on a downward Trend in terms of city funding and if we don't do something we're going to mess around and hit that threshold of being under 5 million that's documented that's not my words you can go look it up the second thing is a disregard of order demand or policy of the commission on many occasions and they are documented as well where this commission has given directives to the manager through policy for things to take place that have not Tak taking place and so for me um I I have several that I can go through but I could just go through one tonight because it's a part of this inquiry it was required certain things be given to this Commission in writing not verbal not partial but given to this Commission in writing whether it's through the chief or another department but ultimately it goes through the city manager and so when you do not follow the policy the steps directives given by the commission um then to me that's for with cause because you're not following the order or the policy of the commission and that's what the commission does we set policy we don't do day-to-day we set policy and that's what I look at and there are several things um that could be used in terms of um information towards that but I can just use the one tonight from inquir because even that we've not received information that we should have received um even going back there's several that should have been done that have not been done and so for those reasons I will support the termination of the city manager with calls because I don't just do it on the whim I don't do it based on feelings but I do it based on policy section three b list and termination for calls for those that I just mentioned thank you Mr Mayor all right any other discussions on this item Mr Mayor um everyone in this room knows that I am one of the greatest support of our city manager when our city manager came to our city we were about two years ago we were so much worse off than we are right now let truth be told I am not looking for a perfect manager because there aren't any what I'm looking for is someone to get the job done when we were voted into office we were voted into office to be the voice of the people and if we are listening to the people tonight our city manager will continue to be our manager until his contract is over I hate sitting here I and that's a strong word I hate sitting here the smell the taste in this room will cause you to vomit history is repeating itself every two years two and a half years if our city manager doesn't jump when we say JUMP we get rid of them that's not right we're moms we're daughters we're business owners we're leaders in Ministry we don't get it right all the time our Min our our uh parishioners don't leave us and how many of us been on our jobs or supposed to be on your job and you elsewhere tell the truth and shame the devil that's what my Bishop would say my personal opinion a lot of this is personal don't Don't Clap I don't want them to throw yall out please don't do that a lot of it is personal and I am sick and tired of being embarrassed tired of it I'm tired of seeing the media I'm tired of seeing it in Facebook where the city of opck is doing it again and again and we're taking a hundred steps backwards every time we change a city manager yes we had some that we should have changed we had something that we should have never hired to begin with but when you have a city manager who's willing to stay in the city morning noon and night because he's not perfect because he's not jumping when when we say JUMP we say fire him let's be for real treat others the way you want to be treated our evaluations okay what happened to our evaluations why we trying to just fire the man without even doing what we said we were going to do and half of us sitting up here ain't did nothing and what's been done it was with all of us and let me tell you this I had six weeks sitting on my back after surgery that's why didn't see me I'm talking a lot and I'm going to take my time because my mouth was shut all night laying on my back thinking about this city thinking about what we have done and not done my personal opinion is opalak is is where it's at in the negative part because of Mayor and commission not working with the city manager it's not all his fault it's our fault too and no I'm I have no intentions of ever and again you know why this makes me sick it makes me sick to my stomach to have to come up here and look at your faces that we're supposed to be representing and we're sitting here like bumps on the log talking smack wasting my time when I could have been home resting this is ridiculous putting on record if you all decide to let go the city manager tonight is on your head and like a gentleman said earlier go ahead step out and Sue the city manager and when he comes back with his lawsuit you tell your grandchildren how they gonna pay that bill tell our our senior citizens who living from paycheck to paycheck how they G to pay that bill if he was so wrong I would be the first one to say get rid of him he is not perfect by a long shot let me see the perfect person in this room hold your hand up and say I'm perfect if that's the case get your casket and lay in it because you're dead now everybody already know Mr Williams when I have an issue with him I don't have to put it on Front Street I go to his office or call him on the phone we the one that give our city a bad reputation because we air our Dirty Laundry us our sister cities don't do this they going to their man commission meeting in 45 minutes they're done we pull everything we have something to say about everything as if we don't do agenda briefings this is ridiculous I'm going to shut my mouth and you know what the vote has not been called yet but my vote is yes we keep me we gonna keep him you understand what I'm saying and I'm I'm just gonna let it go because I'm talking a lot and I'm getting frustrated because the more I think about this this city is going to hell in a handbag and most of my colleagues would not say that but but I have nothing to lose nothing to lose and if it's if you don't agree with me that's your business but guess what I'mma always be fair and upright when I get up in the morning I say God give me clean hands and a pure heart and that's how I operate Clean Hands not one of you can look anywhere and see anything about commissioner bass you know why I mind my business and I don't take anything personal it ain't about me it ain't about you it's about us we are opaka it's about us and the generations that's gonna come after us it's not about disrespecting our peers and our colleagues and disrespecting our our department heads and disrespecting our charter members that's what we do in opaka come on y'all it's time for us to change 1926 repeating itself the 80s repeating itself the 90s repeating itself and we're sitting here here and I hear some of you reference the election this is your fault because you go to the Post not doing your research and you put people in office and if you want to include me that's fine because my prayer is God if I'm the wrong one take me out if I'm not supposed to be here Lord take me out now I don't mean kill me I mean just move me that's my prayer you know why I serve you all not always to the best of my ability and they my colleagues probably won't tell you that but I don't always do 100% you know why I have to work another nine to-5 to help take care of my family let's be true not only to ourselves but to God and to our people let's give Mr Williams an opportunity to make his wrong right aren't you tired of seeing us in the news aren't you tired of going through the same thing over and over again I'm telling you the God's honest truth my husband had to Tau me into to stay here tonight because I wanted to leave the climate smells and it stinks and I want it to be better for my grandchildren and my great-grandchildren to come and who don't like what I'm saying don't make me go there with you don't make me go there with you please please please don't make me do it I don't say much because my mom told me empty canisters makes the most noise and I believed her and it still is God bless her soul and so those of you who are out there supporting Mr Williams tonight qu to you God bless you don't clap I don't want to send you guys out done thank you okay um I want to be clear me and the manager have had our differences it's not a secret everybody knows it and for that reason Mr manager you know I did not support you being here I didn't vote for you to be here but we had a discussion so and we got a lot tonight and vice mayor I I wish we would have done this in a more respectable and a more professional manner so you know how I feel everybody it's not a secret it's not a secret we've had our differences so I can't support it tonight I cannot support it for calls tonight so that's where I'm at and I know it's not a favorable a favorable um response but maybe in the future Mr manager we can have a discussion to see the next steps where we're going um how we going to move forward but I I just hope that we can do this in a more amicable respectable and a professional manner so that is so at this point I cannot support the item as it stands tonight so Madame clerk we are we are um without calling the question clearly divided clearly divided um so we can call the question anyhow and we can go from there Madam clerk commissioner baz no vice mayor Irvin yes commissioner Kelly yes mayor Taylor no motion fails two two motion to adjourn all right can I get a motion to adjourn Mo to adjourn this second move by commissioner Kelly second by Vice may this meeting is adjourned