CITY OF OKEECHOBEE DECEMBER 12, 2016, SPECIAL CITY COUNCIL MEETING 55 SE 3RD AVENUE COUNCIL CHAMBERS OKEECHOBEE, FL 34974 SUMMARY OF COUNCIL ACTION PAGE 1 OF 6 AGENDA I. CALL TO ORDER - Mayor December 12, 2016, City Council Special Meeting, 10:00 A.M. II. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk Mayor James E. Kirk Council Member Noel A. Chandler Council Member Mike O=Connor Council Member Gary Ritter Council Member Dowling R. Watford, Jr. City Administrator Marcos Montes DeOca City Attorney John R. Cook City Clerk Lane Gamiotea III. NEW BUSINESS A. Conduct interviews with six applicants for the Chief of Police and consider selecting the top two applicants. COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk called the December 12, 2016, Special City Council Meeting to order at 10:00 A.M. Clerk Gamiotea called the roll: Present Present Present Present Present Present Absent Present Additional City staff members present were Fire Chief Smith, Police Lieutenant Hagan and Executive Assistant Brock. The purpose of this special meeting is to conduct the interviews for the Chief of Police position. As instructed at the November 22, 2016, Special Meeting, Clerk Gamiotea extended an invitation to Applicants No. 1, Mr. Christopher Alexander; No. 2, Mr. Jeffery Cavender; No. 4, Mr. Marty Faulkner; No. 5, Mr. Alfredo Ferrer; No. 13, Mr. Paul Miles; and No. 16, Mr. Robert Peterson. Initially all accepted the invitation. However, on December 2, 2016, Clerk Gamiotea received an email from Mr. Ferrer withdrawing his application from further consideration citing personal reasons. Distributed at the start of the meeting to the Mayor and Council was an Interview Appraisal Form for each of the five applicants, listing the same 10 questions to be asked of each, an area for comments and to mark the answers as outstanding, above average, average, below average and inadequate. Mayor Kirk suggested using a value to each response (five being the highest, one being the lowest) so they could be totaled at the end. He explained further, should any of the Council need the applicant to elaborate further on an answer, they may ask at that time, or should they have specific questions of the applicant, they may ask at the appropriate time or at the end. Mayor Kirk then asked the applicants to exit the Chambers and remain in the reception area of the Administration Office during the interviews as a professional courtesy to each other since they would be asked the same questions. Everyone agree, leaving the Chambers with Mrs. Brock escorting them in and out of the Chambers for their specific interview. AGENDA III. NEW BUSINESS A. Conduct interviews with six applicants for the Chief of Police and consider selecting the top two applicants continued. DECEMBER 12, 2016 - SPECIAL MEETING - PAGE 2 OF 6 COUNCIL ACTION - DISCUSSION - VOTE The questions consisted of describing the characteristics most important of a Police Chief; whether Officers should wear body cameras; whether profiling should be a lawful tool for law enforcement; plans for existing department employees; methods to increase community involvement and support; how to foster cooperation with other law enforcement agencies; their career goals; why they were the candidate for the position; and lastly each had an opportunity to ask questions of the Mayor and Council. The applicants were interviewed in alphabetical order. No. 1, Mr. Christopher Alexander of Franklinville, North Carolina holds a Bachelor’s Degree in Criminal Justice and is presently pursing a Master’s Degree in Public Administration. He served in the U.S. Marine Corp from 1984 to 1988. He became an Officer with the New York City Transit Police Department in October 1990 until retiring in December 1997, after being injured in the line of duty, and moved to Florida. From 2000 to 2005, he worked as a law enforcement officer with the City of Punta Gorda Police Department. From mid-2005 to 2009, he worked for the U.S. Department of State as an International Police Liaison Officer, serving mostly in the Middle East. From 2009 to 2011, he worked for the Greensboro, North Carolina Police Department. Then from 2011 to late 2013, he again accepted an offer from U.S. Department of State, to be deployed to the Middle East area, this time working in the capacity as an Embedded Police Mentor. Since August 2014, he has worked as a Criminal Court Magistrate in Guilford County. At the conclusion of the interview, Mr. Alexander distributed a copy of additional materials to Clerk Gamiotea for the Mayor and Council to review which contained expanded personal information, specific programs he played a part in at various positions as well as some statistical data he researched on the City relating to criminal conduct reported. He encouraged the Council to review the full year’s 2016 report scheduled for release in January 2017 as based on the data he found, crime rates are up by approximately 29.8 percent. Within this statistical data, he included suggested programs that could be used to combat the rise in crime. In closing, Mr. Alexander wanted to convey that he has traveled to Okeechobee twice in the last two months during which he took advantage of this time to speak with officers who had no idea who he was or why he was visiting. He wanted the Mayor and Council to know that the officers had nothing but positive things to say about the agency and the City. Their attitudes were positive and they were quick to brag about their peers, sharing how much they enjoyed their squad mates and working for the City, they were professional and courteous. In his opinion, their reaction spoke volumes as a place he would enjoy working. No. 2, Mr. Jeffery Cavender of Momence, Illinois holds a Master’s Degree in Public Administration and a Bachelor’s Degree in Criminal Justice. He worked as an Officer then Investigator for the Orland Park Police Department from January 1990 until he retired in August 2013 to accept the position of Police Chief for the Village of Grant Park. Then in late 2013, he was offered the position of Police Chief in his hometown, the City of Momence, where he has continued since. Additionally he also works as an Adjunct Professor for the Olivet Nazarene University. Mr. Cavender shared information about the various programs he has initiated as Chief throughout the years and the extensive training and education he has completed as well as the ability to inspire leadership of his subordinates. Should Mr. Cavender be offered the position he would have to go through the process of obtaining his Florida law enforcement officer certification through the Florida Department Law Enforcement, which would take approximately 30, but no more than 90 days. DECEMBER 12, 2016 - SPECIAL MEETING - PAGE 3 OF 6 AGENDA III. NEW BUSINESS CONTINUED A. Conduct interviews with six applicants for the Chief of Police and consider selecting the top two applicants continued. COUNCIL ACTION - DISCUSSION - VOTE No. 4, Mr. Marty Faulkner of Okeechobee holds an Associate of Science Degree in General Studies and is registered with Excelsior College with a few classes away from his Bachelor’s Degree. Due to his graduation of the Sergeants Major Academy, he qualifies for a Master of Science Degree in Management with the U.S. Army Reserves. He has been employed with the Okeechobee County Sheriff’s Office since April 1995, has over seven years of active military service and 16 years of active U.S. service. He retired as a Sergeant Major. Mr. Faulkner elaborated on his leadership training through the years as a Reservist as well as the various positions he has held within the Sheriff’s Department. In closing, Mr. Faulkner distributed to Clerk Gamiotea, for the Mayor and Council to review 37 letters of recommendations he would like for them to consider as a means of understanding the community support he would bring as the City’s Police Chief. These letters were from signed by More 2 Life Ministries Senior Pastor Cary McKee; City business owners and/or managers Mrs. Christa Luna, Mr. Bert Culbreth, Mr. Brendan Pritchard, Mrs. Malissa Morgan, Mrs. Toni Bennett Doyle, Mr. Danial M. Enfinger, Mrs. Linda Tewksbury, Ms. Donna Wildes, Mr. Ben C. Sims, Mrs. Amy Trammell, Mrs. Debra Sales, Mrs. Paula M. Younger, Mr. Aaron J. Parriott, Mrs. Mary Bullington, Mrs. Deborah Schooley, Mrs. Kim Hargraves, Mr. Danial Creech, Mr. Bobby Keefe, and Mr. Terryl Wisener; County business owner Ms. Doris Lewis; County Judge Jerald D. Bryant, FBI Special Agent S.V. Johnathan O’Neil, Assistant State Attorney’s Mr. Ashley K. Albright, and Mr. Robert O. Moeller, Palm Beach County Sheriff’s Office Captain Michael Kirschner, Plantation Police Department Lieutenant James K. Dourvetakis and Retired Colonel Malcolm McMullen, U.S. Army Military Police Corps; City residents Mrs. Sandra Peace, Ms. Raia Black, Mr. Shawn M. Norton, and Mr. Dylan Tedders; and County residents Mr. Mickey Bandi, Mr. Brian Sell, Mrs. Kelly Owens, Mrs. Tabitha W. Trent, Mr. Keith Stripling and Mr. Elbert Batton. Mayor Kirk called for a lunch recess at 11:52 A.M. advising this recess would be at least 45 minutes. Lunch was served to the applicants, Mayor, Council, City Staff members assisting with the meeting as well as the press or others who wished to remain within the Council Chambers. Mayor Kirk reconvened the meeting at 12:44 P.M. No. 13, Mr. Paul Miles of Okeechobee holds a Master’s of Science Degree in Criminal Justice, a Bachelor’s Degree in Public Administration and is a graduate of the FBI National Academy, Quantico, Virginia for law enforcement. He served in the U.S. Marine Corp from August 1979 to September 2007 retiring as a Master Sergeant. Additionally he has been employed with the Palm Beach County Sheriff’s Office since January 1987, initially serving in the Corrections department; currently he is the District 9 Commander Captain. He served as the Commander of the Village Royal Palm Beach, which is a defacto Police Chief position by contract with the Sheriff’s Office for five and a half years. He also works as an Adjunct Professor for both Kaplan and South University teaching in Criminal Justice, he was previously an Adjunct Instructor for Palm Beach State College. Mr. Miles offered that his years of experience were invaluable and that his commitment is unwavering, shown by him only have had two jobs since he was 17 years old. DECEMBER 12, 2016 - SPECIAL MEETING - PAGE 4 OF 6 AGENDA III. NEW BUSINESS CONTINUED A. Conduct interviews with six applicants for the Chief of Police and consider selecting the top two applicants continued. COUNCIL ACTION - DISCUSSION - VOTE No. 16, Mr. Robert (Bob) Peterson of Okeechobee holds an Associates of Arts Degree in Criminal Justice. He served in the U.S. Coast Guard from 1978 to 1984. He is the only applicant being interviewed that is currently employed with the City Police Department, serving as the Interim Police Chief. Mr. Peterson previous worked for the City, as an Officer, from 1983 to 1987. He was rehired in December 1996, and has worked in the positions of Major, Detective Sergeant, Sergeant, and Officer. In addition to the City, he has also worked at both the Glades County and Okeechobee County Sheriff’s Offices, and with the Seminole Police Department. Initially Mr. Peterson implied he was not going to apply for the Chief’s position, which contributed to the City’s decision to conduct a search outside of the Department. The Mayor and Council questioned the change in his decision. Mr. Peterson explained the employees within the department were his main concern and driving factor. They asked him to apply, additionally the sent a letter of recommendation and endorsement for Mr. Peterson, as well as one submitted from Fire Chief Smith, Public Works Director Allen, and recently retired Chief Davis. Mr. Peterson went on to state he met individually with each employee as he wanted to make sure he had full support of the department. There were many factors and situations happening at the time of Chief Davis’ retirement in August. One Chief Davis’ was considering returning or reapplying after 30 days, which is the minimum required due to him being in the Pension DROP plan. Mr. Peterson conveyed to the Mayor and Council his commitment to the City, improvements he has already implemented since being appointed Interim Chief and programs he would like to begin or expand within the Department. This being the last applicant to interview the Mayor then asked each Council Member to tally their Appraisal Forms for each applicant and list their top three applicants in order from first to third. When the tally lists were received, a top applicant could not be named. Mr. Cavender and Mr. Peterson both were ranked first on two lists, and Mr. Faulkner was ranked first on one list. Mr. Miles was ranked second on four lists with Mr. Faulkner being ranked second on one list. Mr. Cavender was ranked third on four lists with Mr. Faulkner ranked third on one list. Mayor Kirk stated he did not want the City Council to hire in a new Police Chief without at least four votes. Elaborating since he would be retiring in January, he would not vote to make the decision, as he did not believe it to be fair for a new department head to work with an elected body that the majority did not select. He also cautioned relocating a person from out of state with a family without full support of the Council. The Council then turned their discussion to whether a selection could be made from Mr. Faulkner, Mr. Miles, and Mr. Peterson. Discussion ensured with each Council Member offering their reason for their top ranked applicant. Council Member Chandler moved to hire Bob Peterson as Police Chief; seconded by Council Member Ritter. Discussion continued, Council Member O’Connor noting that since Mr. Peterson joined the DROP plan this year, he could only work for the City for five more years. Council Member Watford interjected that was not necessarily accurate as he could retire for 30 days and then return should the City Council at that time wish to extend that decision to him. Mayor Kirk called for a vote. DECEMBER 12, 2016 - SPECIAL MEETING - PAGE 5 OF 6 AGENDA III. NEW BUSINESS CONTINUED A. Conduct interviews with six applicants for the Chief of Police and consider selecting the top two applicants continued. COUNCIL ACTION - DISCUSSION - VOTE KIRK – NO RITTER – YEA VOTE: CHANDLER – YEA WATFORD – NO O’CONNOR – NO MOTION DENIED. Mayor Kirk stated he wanted to be clear he was not voting against the applicant. However, he was not going to be the deciding vote. He then asked the Council to list in order their ranking from first to third out of Mr. Faulkner, Mr. Miles, and Mr. Peterson. Mr. Faulkner and Mr. Peterson were both ranked first twice. Again, the Council discussed the merits of the applicants with no one offering any changes. As the discussions carried on, Council Member Watford stated that he knew this decision was going to be very difficult, and requiring a super majority vote made it even harder, although he understood Mayor Kirk’s stand on this issue. Council Member Ritter also noted his agreement that whomever the City hires, they should have the support of the majority of the City Council that will be in office after January. Council Member Watford continued stating, the three votes are there and under normal circumstances the previous vote would have passed. He was surprised by the number of phone calls he received from individuals of the community, of whom he highly respected, offering their endorsement of Mr. Peterson. However, this was not the applicant he had intended to support. Mayor Kirk again called for a motion. Council Member Ritter moved to select Mr. Peterson as the Police Chief; seconded by Council Member Chandler. KIRK – YEA RITTER – YEA VOTE: CHANDLER – YEA WATFORD – YEA O’CONNOR – NO MOTION CARRIED. The applicants were asked to return to the Council Chambers. Mayor Kirk stated in his 28 years on the City Council, this was the most qualified applicants the City has had apply for one position. It has been one of the hardest decisions they have had to make. He thanked each one for their time, explaining they all did so well it made it that much harder of a decision and encouraged them to apply with the City on any future positions. In closing, the Mayor announced the position was being offered Mr. Peterson. The Mayor and City Council made it clear during Mr. Peterson’s interview and during their deliberations that Departments need to be certain when they promote an assistant (or second in command), to be certain that individual is being groomed to one day be promoted to their position. Should an employee not be able to handle the position, they need to be removed, and not be permitted to continue in that authority. The City Council prefers to promote from within whenever possible and they wish to see employees being groomed accordingly so that they can meet the minimum qualifications when the vacancies arise. DECEMBER 12, 2016 - SPECIAL MEETING - PAGE 6 OF 6 AGENDA IV. ADJOURN MEETING – Mayor There being no further discussion, nor items on the agenda, Mayor Kirk adjourned the meeting at 3:01 P.M. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. _________________________________ Dowling R. Watford, Jr., Mayor ATTEST: _____________________________ Lane Gamiotea, CMC, City Clerk COUNCIL ACTION - DISCUSSION - VOTE [NOTATION FOR INFORMATION: The salary and effective date will be processed through normal procedures. Should Mr. Peterson want to address additional benefits and/or salary than what was authorized, the matter would need to be brought before the Mayor and Council.]
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