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12/17/1979 , , I.,' . . ". cITY-COMMISSION MHHT1NG December 17. 1979 . The City Commission of the City of Clearwater met in special session at the City Hall, Monday, December 17, 1979. at 9:50 a.m., with tho following members present: Cnar1es F. LeCher William Nunamaker Kar1een F. DeBlaker ~Richard E. Tenney Marvin Moore Mayor/Commissioner Vice-Mayor/Commissioner Commissioner Commissioner Commissioner *Commissioner Tenney arrived at 10 a.m. Also present were: Gerald Weimer William Sizemore Lucille Williams Acting City Manager Special Counsel City Clerk The Mayor called the meeting to order and stated the purpose of the special meeting was to receive the findings of facts of Hearing Officer William Sizemore, Attorney, review the testimony, and receive either written or oral responses by both sides as to the Hearing Officer's finding of the . charges preferred by Mayor Charles LeCher relating to removal of John Hurley as Chairman and Member of the Clearwater Hous- ing Authority. The charges are as follows: Charge I - That John F. Hurley, Commissioner of the Clearwater Housing Authority, is guilty of neglect of duty in that he did fail to release or permit private citizens to examine a letter engineering report received by the Clear- water Housing Authority, contrary to the provisions of Chapter 119, Florida Statutes, and Amended Charge II - That John F. Hurley, Commissioner of Clearwater Housing Authority, is guilty of misconduct in office in that as a Commissioner he has failed to follow and apply the concepts of open government as exemplified by Chap- ter 119 and Chapter 286, Florida Statutes, haVing reprimanded and issued directions to the Executive Director of the Hous- ing Authority contrary to the spirit and intent of Chapter 119 and Chapter 286, and specifically contrary to Chapter 119, Florida Statutes, in that both Chapter 119 and 286, Florida Statutes, serve the purpose of providing the public free and open access to the operations of government and in this case the operations of the Clearwater Housing Authority, and the specifications set out below are contrary to that purpose. Commissioner DeB1aker moved to approve the Mayor's rec- ommendation to limit both sides to ten (10) minutes af oral . presentation, with the City having the option of reserving the final two (2) minutes for summation. Commissioner Moore seconded the motion. Upon the vote being taken, motion car- ried unanimously. . Thomas Bustin, City Attorney, reviewed the events of September 20. 1979, when an engineering report relating to Barbee Towers was received at the Office of the Clearwater Housing Authority, and the subsequent events that led to the Notice of Charges and Specifications. He further stated the "Open Government Statutes" were violated and there was neglect of duty and misconduct in office. and he recommended that John Hurley'be removed from office. .IJ . .L '12/11/79,:: v(,":' :.- "." c .... '. , '" , ~ P-t~, >....~. .) William Jonassen, attorney representing John Hurley, reviewed the Brief of the Respondent which sets forth.in chronological order the facts salient to each of the charges and the arguments with regard to these facts. Mr. Jonassen stated in summation that if the advice'Mr. Hurley had requested 'had been received, the actions and charges would not be neces- sary. He stated Mr. Hurley had acted in the best interests of the residents of Barbee Towers. In summation, M~. Bustin stated that John Hurley did not have the right to take the records from the designated cus- todian. Motives have no bearing on this type of proceeding. The Public Records law and the Sunshine Act are open govern- ment laws which should be strictly adhered to. The Commission requested clarification of a number of points discussed by each attorney. Mr. Sizemore advised the commissioners that there were two charges to be considered-- ,..misconduct and neglect of duty--and the commissioners should consider whether or not the facts alleged have been proven and if they warrant removal of John Hurley from the Clearwater Housing Authority. Commissioner Moore moved that Charge No. 1 and Amended Charge No. 2 be sustained and that Mr. Hurley be removed as a member of the Clearwater Housing Authority. Commissioner DeBlaker seconded the motion. Upon the vote being taken, Commissioners DeBlaker, Nunamaker and Moore and the Mayor voted "Aye"; Commissioner Tenney voted "Nay." The meeting adjourned at 10:55 a.m. oj Attest: ct. c:,.(~ City Clerk L .~f~ ~~~ I,' . ~; . ..' . . ~." . , . . ,". . . . ~ .....