December 12, 2016 - City of Okeechobee

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.]