05/19/1987 - SpecialProceedings of the Special Civil Service Board Meeting of May 19, 1987.
r Present. Dr, Joseph Carwisc, Chairman
Tom Chenoweth, Member
David Keyser, Member
Johnnie Williams, Member
Syd Snair, Member '
H. Michael Laursen, Personnel Director
Deborah Lally, Personnel Department
Miles Lance', Assistant City Attorney
Gerald Weimer, Assistant City Manager
Jeffrey Harper, Assistant Personnel Director
Robert Walker, Assistant City Attorney
Sid Klein, Police Chief
Joseph DeSantis
Louis Kwall, Esq., Attorney for DeSantis
Margot Pequignot, Attorney for DcSantis
Theresa DeSantis
Vito DeSantis
Russ Lazio
The meeting was called to order at 5:00 P. M.
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The only item on the agenda for this meeting was the disposition of the Joseph DeSantis appeal.
Chairman Carwise asked Secretary Laursen to provide some background on the case and make any
necessary' introductions.
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Secretary Laursen supplied to the Board members copies of the ordinance and the respondent's
exceptions to the order of the Hearing Officer. He also gave a brief background of the case.
Dr. Carwise asked whether the attorney for the City wanted to make any presentation. Robert
Walker, Assistant City Attorney, did not make any at this point but reserved his right to do so later.
Louis ? Kwall, attorney for DeSantis, presented his case to the Board members. He related that Dr.
Vincent Scotko administered an extensive psychological exam to Sgt. D? Santis and found no reason
to disqualify him from law enforcement. He summarized the personnel record of Sgt. DeSantis as
including , consistently exceptional ratings. He discussed the use of deadly force and the Police
Department's General Orders 80-6 and 72-23, as well as the City's Guidelines for Disciplinary Action.
He related respondent's position an the findings by the Hearing Officer relating to the Heywood
and Vondereau incidents. He also related numerous instances throughout this state where other
officers were exonerated for actions which were worse than those of Mr. DeSantis. Mr. Kwall
stated Joseph DeSantis' actions were justified in order to protect himself and the others involved.
Mr. Kwall advised the Board it is his contention that Mr. DeSantis was treated unjustly because he
was never suspended after his first offense in accordance with the City of Clearwater's Guidelines
for Disciplinary Action. He asked the Board to consider all the facts and make a determination to
allow Joseph DeSantis to be reinstated as a Police Sergeant.
Joseph DeSantis spoke in his own behalf indicating he acted appropriately in each incident.
Miles Lance, Assistant City Attorney, attempted to brief the Board members on the nature of the
initial charges against Mr. DeSantis. Mr., Kwall objected to Mr. Lance's comments on the .basis that
all this information was already presented 'to the Hearing Officer, Mr. Lance felt the Board should
have copies of the original Termination and Dismissal Notice.
Proceedings of the Special Civil Service Board Meeting of May 19, 1987.
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After some discussion among the Board members, Tom Chenoweth moved to adopt the
Recommended Order, of the Hearing Officer and comply with the penalty imposed. This motion died
for lack of a second.
?`: '. ... Syd Snair moved to accept the Recommended Order of the Hearing Officer but reduce the penalty to
a 3 to 5 day suspension instead of a dismissal. The motion was duly seconded by David Keyser.
Board members Snair and Keyser voted "aye;" members Williams, Chenoweth, and Carwisc voted
"nay." The motion failed.
Discussion ensued regarding what other action the Board could take. Mr. Williams asked for
additional time to review the materials. Dr Carwise asked that the Board be supplied with a copy of
the Termination and Dismissal Notice. Miles Lance suggested the Board should be provided copies
of the transcripts of the proceedings before the Hearing Officer and, the Board concurred by
consensus. It was determined the Board would reconvene on Tuesday, May 26, 1987, at 5:00 P.M. and
make a 'final decision in this matter.
Toni` Chenoweth moved to have a meeting on May 26, 1987, at 5:00 P.M..
Johnnie . Williams and carried unanimously.
The meeting adjourned at 7:25 P.M.
Respectfully submitted,
r'.;. H.'t Michael L ursen
' Personnel 'Director and
Secretary to the . 'Board
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The motion was seconded by