11/06/1979
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CITY COMMISSION MEETING
November 6, 1979
The City Commission of the City of. Clearwater met in
special session at the City Hall, Tuesday, November 6, 1979,
at 9:30 a.m., with the following members present:
Charles F. LeCher
William Nunamaker
Karleen F. DeBlaker
Absent:
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Marvin Moore
Richard B. Tenney
Also present were:
Anthony L. Shoemaker
Thomas A. Bustin
Frank Daniels
Sue Lamkin
Commissioner
Commissioner
City Manager
City Attorney
Police Chief
Assistant City Clerk
The Mayor called the meeting to order.
The City r.fanager read into the record letter of November
2, 1979, addressed to the City Commission and calling the
special meeting for the purpose of determining the type of
hearing to be held relating to the charges from Mayor LeCher
against Clearwater Housing Authority Chairman, John Hurley.
The City Manager recommends a two-phase public hearing.
The first phase will be conducted before a Hearing Officer
under the Administrative Procedures Act of Florida Statutes
Chapter 120.
William Sizemore of Shackleford, Farrior, Stallings and
Evans has been selected as the Hearing Officer to hear the
testimony and determine the facts. The finding of facts and
a transcript of the testimony will be presented to the Commis-
sion for their consideration.
The second phase will call for a continuation of the
hearing by the Commission after review of the material presented
by the Hearing Officer. Representations from both sides, either
in written form or verbally, will be received but no new evi~
dence may ~e presented. The Commission will then make a deci-
sion.
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Commissioner Nunamaker questioned whether they would be
permitted to interrogate and was advised interrogation of either
the attorneys or representatives would be allowed and the Hearing
Officer could be questioned on findings of facts.
Commissioner DeBlaker questioned the time frame involved,
and William Sizemore stated it would be a minimum of three weeks
from the date of the first hearing before the transcripts and
finding of facts could be delivered to the Commission.
,William Jonassen, Attorney for John Hurley, requested that
. 'Chapter 120in its entirety be followed, which, would insure his
, cli~ntcertain rights.
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William Sizemore stated this would complicate the hearing
process and does not a4vise the Commission to take on all the
responsibilities of Chapter 120.
The City Attorney stated the proposed resolution calls for
the Hearing Officer to use Chapter 120 only as a guide.
Discussion ensued concerning the language of the resolu-
tion and Commissioner DeBlaker moved that the last sentence in
Paragraph 3 "That during such a meeting each side shall have
15 minutes in which to make oral comments relating to the record
and suggested findings of fact" be deleted. Commissioner
Nunamaker seconded the motion which carried unanimously.
Commissioner Nunamaker moved that Resolution 79-99, as
amended, be approved. Commissioner DeBlaker seconded the motion.
Upon roll call the vote was:
"Ayes": DeBlaker, Nunamaker and LeCher.
"Nays": None.
Absent: Moore and Tenney.
Commissioner DeBlaker moved to,cance1 the hearing scheduled
for November 13, 1979. Commissioner Nunamaker seconded the
,motion which carried unanimously.
The City Manager advised there would be a Work Session on
November 13, 1979.
The meeting adjourned at 10:04 a.m.
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