11/08/1999CITY COMMISSION SPECIAL MEETING
CITY OF CLEARWATER
November 8, 1999
Present: Brian J. Aungst Mayor/Commissioner
Ed Hooper Vice-Mayor/Commissioner
J. B. Johnson Commissioner
Robert Clark Commissioner
Ed Hart Commissioner
Also Present: Bill Horne Assistant City Manager
Pamela K. Akin City Attorney
Cynthia E. Goudeau City Clerk
Brenda Moses Board Reporter
The Mayor called the special meeting to order at 1:00 p.m. at City Hall. The meeting’s purpose is to review e-mail issues.
The City Attorney distributed resumes of individuals who are available and qualified to review the use of private e-mail for City business by the City Manager. She reviewed hourly charges:
1)$200 - former Judge John Andrews; 2) $195 - Harry Stewart; 3) $175 - Fred Karl; and 4) $155 - Chip Rice. Ms. Akin said the candidates had indicated they can commit sufficient time
to ensure a fairly short-term project.
A project focus was recommended to: 1) review the possibility of intentional wrongdoing related to e-mails, and 2) develop policies and procedures, which satisfy State law and will
be distributed to all employees and made available to residents. The City Attorney suggested resolving the e-mail issue first before considering policies. She felt an initial report
could be presented to the Commission within 30 days of the review's start.
Commissioner Johnson moved to employ Mr. Rice to conduct the e-mail review.
Support for the project focus was stated. The importance of all employees understanding e-mail communication requirements was noted. In response to a question, the City Attorney said
the City’s written policy and procedures regarding e-mail do not address private e-mail accounts. The policy must identify what is permissible and how documents are to be retained.
The City will seek the State Attorney’s advice on specific legal issues. The City Attorney said it is important to determine if a violation was intentional. If a violation is discovered,
the Commission will determine appropriate action.
Concern was expressed regarding expenses when no evidence indicates the law has been willfully violated. The City Attorney said the review will focus on interviews to determine intent.
It was felt this is a public trust issue and must be resolved in a timely fashion. In response to a question, the City Attorney said if evidence indicates intentional violations, another
authority may step in without the City’s request.
The motion was duly seconded. Commissioners Hooper, Johnson, and Clark and Mayor Aungst voted “Aye”; Commissioner Hart voted “Nay”. Motion carried.
In response to a question, the City Attorney said she will request Mr. Rice start immediately. She has assumed a maximum cost of $25,000. In response to a question, she said all candidates
had agreed $25,000 for the process is sufficient. The cost of a computer specialist, if needed, is included.
It was recommended the City move forward with rewriting policies and procedures soon.
The meeting adjourned at 1:25 p.m.