Tampa City Council Tampa City Council
Thursday, May 26, 2016
9:00 a.m. Workshop Session
DISCLAIMER:
This file represents an unedited version of realtime
captioning which should neither be relied upon for complete
accuracy nor used as a verbatim transcript.
The original of this file was produced in all capital
letters and any variation thereto may be a result of third
party edits and software compatibility issues.
Any person who needs a verbatim transcript of the
proceedings may need to hire a court reporter.
[Sounding gavel]
09:06:02 >>MIKE SUAREZ:
Tampa City Council is now called to order.
Chair yields to Lisa Montelione.
09:06:06 >> LISA MONTELIONE:
(trying to speak with hoarse voice) I
would love to but (laughter) ...
09:06:20 >> Mr. Maniscalco, if you could take the honors for Mrs.
Montelione.
09:06:23 >> Today it is my distinct pleasure to introduce Reverend
Thorns, a Tampa native and a graduate of the University of
Florida. After completing her bachelors in education, she
went on to earn her masters of divinity from Southwestern
Baptist Theological Seminary in Fort Worth, Texas.
She serves as the manager of chaplaincy at Moffitt Cancer
Center, a position she has held for the last ten years.
Thanks for joining us today, reverend Thorn.
If you would all please stand.
09:06:51 >>LISA MONTELIONE:
What he said.
09:06:51 >> Thank you.
Proud to be here, Mr. Chair, Councilwoman Montelione, and
Councilman Maniscalco, for the honor.
What I would like to offer for you this morning, there's an
open eyes education.
Many of us have grown up in different faith groups where we
are taught that we should close our eyes, bow our heads, and
in so doing we sometimes miss the blessings of the people
around us.
So if you would like to bow your heads, you certainly may.
But if you would like to leave your eyes open to take in all
of those around you, the face of your colleagues, family,
friends, please feel free to do so.
We come this morning to bring honor to those of you who are
giving of your time to be our public servants.
The sun is higher in the sky than when we arose today.
Some of you were awake before the sun came up.
Getting ready for this day.
And as you prepare now for the work of the city, may you be
blessed with wisdom to make decisions, that you will be
presented with many wonderful, good ideas, and the challenge
to choose the best.
May you have the wisdom to do so and the foresight to choose
what is best for the City of Tampa.
Now, in the name
May you continue business knowing that what is best is what
will occur.
Some people will be upset.
Some will praise you.
But may this council leave today knowing it gave the best
and did your best job.
en.
[ Pledge of Allegiance ]
09:09:04 >>MIKE SUAREZ:
Thank you.
First order of business today is our presentation,
commendation of the Officer of the Month.
I apologize.
Roll call, please.
09:09:33 >>FRANK REDDICK:
Here.
09:09:35 >>YVONNE CAPIN:
Present.
09:09:38 >>HARRY COHEN:
Here.
09:09:39 >>GUIDO MANISCALCO:
Here.
09:09:40 >>LISA MONTELIONE:
Here.
09:09:41 >>MIKE SUAREZ:
Here.
We are a little slow today.
Anyway, first order of business is the presentation of the
commendation of the Police Officer of the Month.
And Mr. Harry Cohen will be doing that in lieu of Mr.
Miranda's absence.
Mr. Cohen.
09:09:56 >>HARRY COHEN:
God morning.
And good morning, council.
It's my pleasure this morning to present this commendation
to master patrol officer Roy Paz, Officer of the Month of
May 2016.
For your exemplary services to the citizens of the City of
Tampa and your stalwart commitment to their safety and
well-being we are grateful to you who every day serves as
our own live action hero, although you believe you are just
doing your job, and I believe assistant chief Dugan is going
to tell us about your accomplishments and formally present
the award.
09:10:41 >> Good morning.
Bryan Dugan, assistant chief of police.
Roy, if I could start off with a little bit of humor, this
might be a landmark occasion where Mrs. Montelione won't
have anything to say.
(Laughter).
09:11:00 >>LISA MONTELIONE:
(hoarse voice)
09:11:06 >> It's not nice.
They are all piling on.
(Laughter).
09:11:10 >> I'm sure this is the first of many this morning where
people have found that.
It's always a pleasure to come before council and discuss
one of Tampa's finest.
And truly the best and the brightest.
This month of May is officer Roy Paz.
In January 2015 he saw one of his career goals come to
fruition when he was selected to the unit.
Roy is one of our motorcycle cops.
He's the real deal.
Due to his traffic enforcement efforts Roy has made notable
arrest.
He conducted a traffic stop for a speeding violation at MLK
and Myrtle Avenue.
He found the driver was driving while his license was
suspended and revoked due to habitual traffic offender.
After taking the driver into custody, he did a subsequent
investigation and revealed a quantity of heroin in the
vehicle, resulted in the vehicle being seized and the driver
being charged with drug trafficking.
That offender is now being looked at as a suspect and is
involved in other trafficking narcotics offenses N.march
2016 while on Rome Avenue, Roy stopped a car traveling 17
miles an hour over the speed limit.
During the stop he noted a strong odor of marijuana coming
from the car.
This gave him probable cause to go in and look at the car.
He rotated over 100 grams of marijuana and 520 Xanax pills
that were consistent with recent bulletins on illicit Xanax
pill laced with pentonol.
Roy was able to contact the narcotics squad and follow up on
the investigation.
For those of you who ever had the opportunity to meet Roy,
he is quite the enthusiastic, quite the energetic guy.
If I had half his energy I would probably be the chief
instead of the assistant chief.
Due to his enthusiasm and the way he interacts with the
public Roy gives presentations at schools and community
organizations.
He is one of the lead presenters at the department's
responsibility matters campaign.
It covers underage drinking at Gasparilla.
You all know how important that is.
This program is created for enhancing the safety and the
events reducing the number of underage drinking incidents at
this parade.
In 2016 he gave over 15 presentations at the local schools.
He assisted at the department public relations safety
campaign, after a dramatic rise in traffic fatalities in
2015, embraced the campaign's message and made it his own.
His traffic tip Tuesday, which is a popular segment on fox
13, is a weekly segment during the morning news program, and
that preparation of each segment, each topic is addressed
thoroughly and easily understood.
In recognition of his contagious, positive attitude and his
preparedness to duty,'s of he's been selected as Officer of
the Month for May of 2016.
[ Applause ]
09:14:37 >> Good morning, council.
I have got a little bit of this, too.
I'm Vinny Gericitano, and with me is Abe Carmack.
I am very pleased that Roy is one of the almost 1,000 Tampa
police officers.
Roy, we want to thank you for doing a great job, and offer
you this watch that has the PBA patch on it.
09:15:27 >>MIKE SUAREZ:
Hang on, Roy, it gets better.
You are going to get more.
09:15:39 >> Dan Matheson, chief of security for the Straz Center here
in Tampa.
On behalf of the Straz Center, I would like to present with
you two tickets to a Broadway production of jersey boy.
09:15:50 >> Joe Durkin on behalf of bright house networks.
It's really an honor and privilege for me to come and
recognize the firefighter or police officer, for me
especially.
I had the pleasure of working with Roy and several of his
colleagues during my career.
He's an outstanding representative of the police department.
On behalf of BrightHouse Network we would like to give you
one month free of all of our services.
09:16:31 >> I'm from the Doubletree Tampa Westshore.
On behalf of your dedication we would like to offer you a
complimentary night's stay on our properties.
Congratulations.
09:16:54 >> Bill Currie Ford.
If you get excited about everything else you are really
going to get excited about. This on behalf of the Currie
family and myself we would like to give you a brand new 2015
customized -- (Laughter).
09:17:21 >> That is very nice.
09:17:22 >> Thank you.
Great job.
09:17:30 >> Stepp's towing service.
Congratulations, officer, on a job well done.
On behalf of Stepp's towing and the Stepp's family we would
like to present you with a night in the limousine, and we
appreciate everything you do.
And thanks.
[ Applause ]
09:17:59 >> Good morning, council.
Jill Witecki on behalf of Tampa Theatre.
Your colleagues along the wall said they really like that.
I'm excited about my work at Tampa Theatre, and we would
love you to come down this summer, an annual membership for
you and a guest and a couple of tickets for our summer
classics.
09:18:21 >> On behalf of Busch Gardens, Tampa Bay, it's been my
privilege to know Roy for 20-plus years.
I want to tell a little story.
Even Wednesday we have a crime intelligence meeting which
can be rather intense.
And Roy used to come and give an update for their
organization or their bureau as well as the weather.
And I am going to say right now you have never been so
excited to listen to Roy's presentation of the weather.
It's incredible.
He is probably one of the most enthusiastic, passionate guys
you will ever meet.
On behalf of Busch Gardens I would like to present with you
four tickets to the park and it's always a pleasure, Roy.
Thank you.
09:19:10 >> Linda Hyde, office manager for a nonprofit organization
for diversity initiative.
And we would like to tell you thank you very much for
everything that you do for the City of Tampa and our
community.
And on behalf of the diversity initiative we would like to
present with you a $50 gift card from Publix.
Thank you so much.
[ Applause ]
09:19:37 >> My name is Jeff, PR marketing manager for the Columbia
restaurant group.
I want to congratulate you very much on this honor.
On behalf of Richard Gonzmart and the restaurants which
include all of our Columbia restaurants in Sarasota, Tampa,
celebration, St. Augustine, Clearwater, as well as Hyde Park
village and also Ulele, we would like to present with you a
$100 gift card to the Columbia restaurant, and take that
with your model car and everything else.
Thank you for keeping my family safe on the roads.
Thank you very much.
[ Applause ]
09:20:16 >> Island flowers in Ybor City.
And this is not for you, not for your motorbike but for your
significant other.
09:20:31 >> Thank you.
09:20:33 >>STEVE MICHELINI:
I know this guy, too, and it's not being
from stopped on the street.
I have a little brief introduction I would like to give.
And this is really an honor of all of those who served in
the Armed Forces and public safety.
And the father said, life is precious to me.
Guard it and protect it for me and for each other.
And thank and remember those who lay down their lives and
protect our precious gift of life for all of us.
And remember all those on Memorial Day, those men and women
who have given their lives in the line of service and the
Armed Forces and public safety and all others who serve and
protect.
You are in that group there.
On behalf of prestige portrait, we will provide you and your
family with an opportunity to have your portrait taken.
On behalf of the Ciccis group.
On behalf of Byblos cafe, have a nice dinner over there.
Take the limo.
09:21:50 >> I heard of Officer of the Month.
I had no idea.
Thanks so much for allowing me to be here and for taking
time out of your day to honor the police department as
officers.
And I can't thank you enough for that.
And everyone here, thank you so much.
I mean it.
It's very nice of you all to take time out of your day, and
the gifts, it's great.
Thanks very, very much.
Thank you all for being here, also.
(Laughter)
I tell you, I can't say enough about the police department.
It is a job.
I love it.
And my squad is like the best squad ever.
It is just so much fun every day to come to work and do the
things that we do and everything.
And my supervisors are fantastic.
I could go on and on.
But I just can't thank you all enough for everything.
And what ab nice day!
Thank you very much.
[ Applause ]
09:23:11 >>HARRY COHEN:
Thank you for everything you do and thank
you for making this day memorable.
09:23:15 >>YVONNE CAPIN:
I would like to suggest you come in once a
month and pep talk us.
We could use it.
Thank you.
(Laughter)
09:23:26 >>MIKE SUAREZ:
Mr. Cohen, you are going to do item number
2.
09:23:36 >>HARRY COHEN:
Yes.
Good morning.
Mr. Michelini mentioned, of course, we are on the eve of
Memorial Day weekend so it is very fitting that we present
this commendation this morning to Leonard black.
I should tell everyone, Mr. Suarez, I appreciate the
opportunity to give you this commendation.
I am the grandson of a World War II veteran.
So I am particularly aware and moved by the contributions of
the greatest generation, and want to thank you personally
for your service to our country, and then also on behalf of
the City Council.
We are proud to honor you this morning, Leonard black, and
to honor World War II veteran and flight of west central
Florida co-founder.
You are an American hero that has served the United States
military for more than 25 years, defending the country
during World War II.
Three years ago you decided to give back to your fellow
veterans and co-founded honor flight of west central
Florida, a nonprofit that serves a nine county region with
the sole purpose of taking World War II veterans to the
World War II memorial in washed free of charge.
Since its inception over 2,000 veterans have been recipients
of this service, and through your collaborative efforts you
continue to inspire and volunteer on their fundraising
efforts and all their activities, and we really appreciate
everything you have done for our community and our country.
09:25:10 >> Thank you, sir.
[ Applause ]
Thank you, Councilman.
And thank you, Mike, for taking a lead role in it.
I did nothing except I wanted to -- let me start over.
In 2007, in Greenville, South Carolina, and he was telling
me about it.
And when I came back to Tampa, I was the president of the
Hillsborough County veterans council.
And as my term was ending up, I start while I was doing it,
I got a call from a colonel over in Pinellas County, Fred
Olson, and he was doing the same thing.
I invited him to come over, and we got together, and the
result, we had the southwest central Florida, we had at that
time 38,000 World War II veterans in the nine-county area
wanting to go see the World War II memorial.
I went up on the fourth flight in 2011, and one of the
things I observed most about the World War II veterans when
they got there, as you go around, on the south side is panel
with 440 stars representing -- each star represented a
thousand that got killed during World War 2.
The 440,000 it represented, you see these veterans go there,
and you watch their eyes, and it's a little bit too much for
some of them.
Now these veterans -- most of them require assistance, in a
wheelchair or whatever.
But we provided a guardian for each veteran, whether they
wanted them or not, but each one had a guardian to take care
of them that day.
And when they came back, we had a welcome home set-up, and
that's where they never had a welcome home.
A lot of World War II did, but the majority of them did not.
But New York or a parade in California, but the majority of
World War II veterans at that time did not receive anything
up until they went on their own flight.
As you mentioned, Memorial Day is coming up.
There's a couple things I would like toe share with you.
I spent 15 years in Europe and I visit add lot of the
cemeteries over there.
There is a cemetery in Holland, where there's a family
located nearby takes care of each grave there.
In other words, they adopt a grave and make sure that they
have flowers or whatever on it during certain periods when
it's required.
Another one in Luxembourg, that's where the general is
buried.
He wanted to be buried with General Patton.
He never came home to receive a heros welcome bull he stayed
there and he's buried with his troops in Luxembourg.
The other one that I want to mention is Normandy.
There's a little over 9,000 buried there, and they got
killed on the first day of the invasion in June of 1944.
The reason I mention that one, after the war, they had to
prepare -- get ready to bury the veterans there.
And you know who prepared the grave, the laborers were all
German POWs.
Now, some of those German POWs could have been there on
D-Day.
In fact they did all the labor work for it.
And a lot of people doesn't know that, but it happened.
But again, I want to thank you for this.
It's more than I deserve.
But I appreciate you.
Thank you very much.
[ Applause ]
09:29:48 >>MIKE SUAREZ:
Thank you, Mr. Black.
We really appreciate your service to the country.
I was fortunate enough to be at the World War II memorial on
Memorial Day the day it opened, and the number of men that
came back to visit it is amazing.
We really appreciate -- and let me make sure I get the age
right.
You are 89, is that correct?
09:30:14 >> Yes.
09:30:15 >>MIKE SUAREZ:
You are a Sprite 89.
Believe me.
He came to our office by himself the other day, still an
independent liver.
We really appreciate everything you have done for us.
Thank you for doing honor flight west central Florida.
It's a great accomplishment and we really appreciate
everything you have done for us.
Thank you, sir.
Thank you.
Yes, ma'am.
09:30:37 >>YVONNE CAPIN:
Likewise, I would like to thank you for
those words, chairman.
We are wearing the red POPPY today, as you well know, and I
have one for you if you don't have one yet so that you can
wear the red POPPY which is the world war -- the American
Legion Auxiliary to commemorate the memorial, remember them.
And I want to remind my chairman that 89 is the new 59.
(Laughter).
09:31:07 >>MIKE SUAREZ:
I'm glad you said that because I am 52.
09:31:11 >>YVONNE CAPIN:
Yeah, me, too.
09:31:15 >>MIKE SUAREZ:
Anyone else?
09:31:19 >>GUIDO MANISCALCO:
You are a member of what is known as
the greatest generation, and I truly believe that.
And you are the generation that easily inspires me the most.
And growing up, anybody old was a World War II vet and as a
teenager I was always asking questions and hearing stories
and talking to folks that served, and as I have gotten
older, and time is passing, there's fewer and fewer.
I had the opportunity to meet a World War II veteran, it's
truly an honor and a treat is very special.
So thank you for everything you do.
There will never be another generation like yours.
And, you know, you are irreplaceable.
09:32:01 >>MIKE SUAREZ:
Thank you, Mr. Black.
We really appreciate it.
[ Applause ]
The next item up is a presentation.
I believe Laurie Seavey, please come to the podium.
09:32:18 >> Good morning.
Thank you, council, chairman, for allowing me to be here
today.
My name is Laurie Seavey from make big change.
We are a nonprofit based out of New Hampshire.
I have a home here in North Port, Florida.
And this is Kim.
Kim and I met last October, November.
And she heard about our nonprofit and saw the work that we
were doing and wanted to bring sunscreen and provide a safe
city, fun city for the City of Tampa.
I had a PowerPoint presentation.
09:33:00 >>MIKE SUAREZ:
It's coming up right now.
09:33:01 >> Perfect.
I'm here today actually for the citizens of Tampa, and to
also engage with you all, part of a nationwide movement,
which is a community sunscreen program.
We are working with the parks and recs, and we have been in
conversations with Gary Daniel, who I believe is the
commissioner, and we have been talking about the last six
months about bringing sunscreen dispensers to the city.
So make big change was formed on the heels of the general
surgeon's call for action in 2014.
Although the occurrences of skin cancer have been on the
rise for years, the disease largely existed as a skeleton in
the closet until the release of the surgeon general's call
to action.
The fact that skin cancer is now the number one most
commonly diagnosed form of cancer with 5 million people
treated annually in the U.S. alone.
One major fact in the surgeon general's report is that skin
cancer is the most commonly diagnosed cancer in the United
States and it's also the most preventable.
And that really rang a big bell for us at make big change,
not only with our nonprofit, but we are on the cutting edge.
I work as a project manager with some dermatology practice
in New Hampshire.
I have been the manager for ten years with people coming in
younger and younger with squamous cell, basal cell, and
really, really bad melanomas, and to hear they may be
preventable we thought we need to have do something.
So with the impetus behind make big change we must act now,
without adequate support, education and prevention, the
destruction caused by this disease will don't skyrocket.
In the surgeon general's call to action, various sectors
across the nation to address cancer as a major public health
problem.
Federal, state and local government members, businesses,
health care and education sectors are all a central part of
coming together and educating on sun safety and the calls to
action and reduce the risks.
The call to action goals include increasing opportunity for
protections in outdoor settings which would include
providing sunscreen to readily available, you know, that
have left the house, want to be at the baseball field, not
to forget their sunscreen.
Kim is working with the academy of dermatology on sun safe
structures to provide structures, not only for the kids but
for the parents that sit there and bake in the sun.
Also, the call to action is to provide individuals with
information that they need to make healthy choices about UV
exposure, how to properly use sunscreen.
We hear in our dermatology practice every day.
"I don't sunburn, I tan."
Well, there's no such thing as a healthy tan.
You all need sunscreen.
House bill 136 in New Hampshire, children in need in the
state of New Hampshire, under the age of 18.
So we were very instrumental in helping that law pass.
The CDC came out with some statistics that I wanted to share
with you as well.
Right after the call to action.
The CDC, they do a vital signs report.
In the June 2015 report the rate of skin cancer among
erican adults has tripled in 30 years despite the fact
that skin cancer is the most easily preventable cancer.
Melanoma is the most deadly form of skin cancer and the
fifth most common cancer diagnosed in the United States.
And just one blistering sunburn as a child doubles a
person's lifetime risk of melanoma.
In 2011, Americans spent approximately $457 million on skin
cancer programs, and by 2013 that number is expected to
triple.
So not only are the incidents rising but we are spending
more health care dollars.
So community action programs are really, really important.
So what I am here today is to talk a little about what we
can do, what the City of Tampa can do, what makes big
changes like to do to help you in the city is to provide
sunscreen, to provide -- make a change is willing to donate
20 of these sunscreen units. This was piloted in the city
of Boston.
And just members like yourself.
Irish, red-headed Ginger, was talking to one of his friends,
who was a medical student, we need sunscreen dispensers in
the city.
I thought, wow, that's a really good idea.
And he tweeted it.
The melanoma foundation, make big change, we were right on
it, got 100 calls that day, had a meeting, met with the
commissioner.
It was the quickest program that we rolled out in the city
of Boston.
It was very successful.
We had a few bumps along the way.
We use an all natural SPV sunscreen.
We thought it's very, very important that that was the only
sunscreen that would go into these dispensers.
So it took a few formulas to make sure we got the right
concoction so the machines would not collapse.
So we had a roll-out.
We had a few bumps and bruises along the way but we are now
certainly over those.
And there are actually 250 units now in the city of Boston.
There's units throughout the country.
There are beaches, campuses, a few in some of the city
garages for the maintenance men that are on the streets,
just donated to the city of Boston.
To the gentleman that just got the award, to the policemen.
They are out there doing their jobs.
I wanted to present this here today and get some feedback as
to what your thoughts may be.
We would love to bring this to the City of Tampa, and help
roll this out.
09:40:00 >>MIKE SUAREZ:
Thank you, Mrs. Seavey.
09:40:04 >>HARRY COHEN:
So Jim Mcgans actually brought this idea
here to me at City Hall.
And I thought it was really brilliant.
And one of the great examples of how a creative solution can
actually not even cost the city any money and provide a huge
service.
And we all nobody how hot it gets particularly during the
summer.
So my question to you is, have you had any contact?
09:40:35 >> Yes, we have been working with Teresa Hills.
It's my understanding they were putting this as a line item
in the budget.
We can put these out there but they need to be filled in
order for them to be working.
How they are filled actually the bladder of sunscreen that
goes into the units, 1,000 ml, 650 applications.
So these units are very durable.
They have a lock and key right here.
We are going to show you what they look like.
If it has been approved in the budget, I'm not sure when
that decision is made, but this is going to be inside of the
unit.
I wanted everybody to take a look at it.
The battery is noncorrosive.
It's motor, heat and cold resistant.
We have these at some of for N in New Hampshire.
They are very sanitary.
And they have working like -- I had one here at my home,
been outside, at our pool has been outside about nine months
and is working wonderful.
09:41:51 >>HARRY COHEN:
I would like to make a motion.
You asked about our calendar.
We deal with the budget later in the summer.
So I was going to ask that the Parks Department, Mr. Bayor,
under staff reports come to City Council on July 14th.
That's prior to when the budget is presented and give us a
status update on how they are coming along in trying to
implement this program.
09:42:12 >>MIKE SUAREZ:
Motion by Mr. Cohen.
Second by Mr. Maniscalco.
All in favor that motion?
Any opposed?
Thank you.
If I could ask a question before you go.
You have not put any of these in Florida anywhere, correct?
Or have you?
09:42:32 >> Kim:
We currently put one at a park but it's -- it's on
the property.
09:42:42 >> And these are at some of the universities in Florida, and
I believe -- they are not in any city.
Tampa would be the second city.
09:42:55 >>MIKE SUAREZ:
It's a partnership with the melanoma
foundation of Florida?
09:42:59 >> No, the partnership with make big change.
09:43:03 >>MIKE SUAREZ:
Have you reached out to the melanoma
foundation here?
09:43:05 >> I have not.
The melanoma foundations, certainly we could, but we kind of
have been working together, and certainly open to any other
options.
I see him looking at me.
09:43:22 >>MIKE SUAREZ:
He does that to everybody.
(Laughter).
09:43:25 >> We are insured.
09:43:36 >>MIKE SUAREZ:
Any other questions?
Mr. Reddick.
09:43:38 >>FRANK REDDICK:
Do you have to be regulated by FDA?
09:43:42 >> Yes, the sunscreen is a formulated, patented, so we are
all set.
09:43:55 >>YVONNE CAPIN:
Do we have an idea of the cost?
09:43:59 >> Sure.
These units themselves are 69.99, $70 for the unit.
Big changes, we are willing to donate that.
The sunscreen comes in a case of four.
So that's $200.
I would assume that throughout the season in Tampa that it
would be approximately 400 to $600 to maintain a unit.
I really think that's on the high side, thinking
conservative.
09:44:27 >>YVONNE CAPIN:
400 to $600?
09:44:32 >> 200 for a case of sunscreen.
And I anticipate a unit, probably units in the cities in
Florida, approximately two cases of sunscreen.
09:44:44 >> Per year, per unit?
09:44:46 >> Per year.
09:44:47 >>HARRY COHEN:
You may have noticed on the front of the
unit that there is a spot for an advertisement.
And there are models that would see someone putting an ad
there and then paying the cost.
09:45:02 >> Right.
We have worked with multiple hospitals that will sponsor 10
or 16 throughout their city.
This area here is customizable.
And we are also working on an info graphic that we can put
on top here that is also another advertising area.
And then utilizing how to use sunscreen so that we bridge
any language barriers that we may have within any city, and
talk about the proper use of sunscreen, how it should be
applied every two hours, you apply it after swimming,
additional advertising space.
An info graphic, in today's society, instant gratification.
We it would be something like somebody showing how you put
sunscreen on, and two hands, two pumps.
09:45:53 >>YVONNE CAPIN:
Thank you.
09:45:55 >>HARRY COHEN:
Councilman Montelione is scribbling a bunch
of notes, and also that the same dispensers could be
utilized for dog parks.
09:46:09 >> Yes.
That's an interesting suggestion.
Tomorrow is what we call national don't FRY day.
It is the beginning of the summer season.
And recognition that we need to take care of our skin.
09:46:24 >>MIKE SUAREZ:
Any other questions or comments?
Is this going to be your first summer in Florida?
09:46:28 >> No.
09:46:30 >>MIKE SUAREZ:
I want to make sure that you are acclimated
to it.
When you are from New England it is hard for people to
understand.
09:46:37 >> Oh, yes.
Laying in the sun.
09:46:40 >>MIKE SUAREZ:
Thank you for the presentation.
It's wonderful.
And Mr. Cohen suggested we are going to have staff look at
it and see what that cost is and hopefully we can work
something out.
09:46:49 >> Great.
Thank you so much.
09:46:51 >>MIKE SUAREZ:
Before I proceed, I have a memo here from
Mr. Miranda's office, he will not be able to attend this
session or the evening session tonight because of a
regularly scheduled out-of-town business meeting.
Now up on the public comments for items number 1, 2 and 3.
Anyone in the public that would like to make comment
concerning items 1, the 2 and 3, please come forward.
09:47:20 >> I want to make a comment.
09:47:34 >> State your name for the record, sir.
John green, Brandon, Florida.
I want to make a comment -- April 7th.
I will allowed to speak on that now?
09:47:54 >> Typically no.
We are running our meeting based on items that are already
on the agenda that we just talked about.
We have a workshop session that we will have public comment
after each workshop session to talk about those issues.
If you are just coming here for general discussion on other
issues, you probably do that at the end during regular
general comment.
I don't think we usually do it during workshop.
It's not an open forum necessarily for any item during a
workshop session.
09:48:20 >> When is the charter?
09:48:28 >>MIKE SUAREZ:
That will be item, I believe, number 4.
I think we have some things on number 5.
So there are going to be several different things that we
are going to talk about on the charter that you can comment
after we finish that particular item.
09:48:39 >> Okay.
09:48:40 >>MIKE SUAREZ:
Thank you, Mr. Green.
We appreciate it.
Is there anyone else in the public that would like to make
comments on items 1, 2 and 3?
All right.
I see no one.
That wants to make any public comment at this time.
Okay.
We are going to go forward.
Item number 4.
Is staff here?
Mr. Shelby is going to handle that.
Thank you, sir.
09:49:19 >>MARTIN SHELBY:
City Council attorney.
I am passing out to you something that I had previously sent
out.
It is a compilation of excerpts from your strategic planning
workshop.
And prepared by the facilitator, the facilitator summary
report.
Basically, if you will recall, there was no official action
taken at that workshop, and if council wishes to proceed
with any of the items that were discussed, it would require
a motion and direction of council.
Obviously, there are certain things that are on today's
agenda that did come out of that discussion.
Number 5, for instance.
Number 6 to follow.
Those were done by motion of council.
But I just wanted, as a process of completion and/or moving
forward with a discussion to provide for you those decision
points or matters that were discussed so that council
should, if it wishes to, give direction to either myself or
to the legal department, to the administration for
information to put on a future agenda how it wishes to
proceed with certain things.
Obviously some of these things are housekeeping items that
council can deal with internally.
If it's council's purview however council wishes to proceed
on this.
I am prepared specifically to discuss the matter of the
charter review committee or commission, whatever council
wishes to call it, perhaps at some point after you wish to
go through this or however you wish to proceed.
09:50:56 >>MIKE SUAREZ:
Mr. Reddick.
09:50:58 >>FRANK REDDICK:
Thanks, chair.
I am going to suggest that we -- item number 4 and we
discuss the establishment of the charter review board.
And I believe when we had the strategic meeting we suggested
that it was brought out through my suggestion that we
establish ab nine-member board.
And I suggest that each member of the council submit one
person, and the mayor appoint two.
And I want to take it one step further from this council,
that we probably want to have maybe two alternates to serve,
just in case somebody backs out or can't make it.
And I think that's a fair position, because instead of
trying to be go through it before, and I think this is a
good time -- there's a lot of things we discussed at the
strategic meeting, and I have a whole list of them here,
that we can direct the charter review board to look at some
of these things.
And I don't think we need a big board, probably won't be a
lot of people show up, but I do believe we can get a nine
member board, one by each council, two by the mayor.
But that would be my suggestion.
09:52:42 >>MIKE SUAREZ:
Mr. Cohen.
09:52:44 >>HARRY COHEN:
So certainly consistent with what we talked
about at the strategic planning session.
What, Mr. Shelby, would the calendar look like for this type
of activity?
How much time would it take to take it up?
How much time would they need?
What would happen to their recommendations once they were
made?
Could you take us through the way that this would work over,
say, the next 12 or 16 months?
09:53:14 >>MARTIN SHELBY:
Sure.
That's a very good question, and that's why I am hopeful
that we'll have that clarified today, because that's
basically what I need to know in order to put together the
documents, the resolution of creating -- now, the first
question I have, you have something called the citizens
review board, which is the CRB.
Now, the questions if you create a charter review board, it
also goes by the acronym of CRB.
So my question is do you want to call it a charter review
commission or charter review committee or does it not make a
difference?
Because they are going to be referred to by their initials.
09:53:52 >>HARRY COHEN:
Let's get into actually what it will do.
09:53:56 >>MARTIN SHELBY:
I talked about how to refer to them
frankly.
But I spent a lot of research and I looked at a lot of
different setups and a lot of different boards, different
cities and different counties.
Normally, it's constituted by either a resolution or an
ordinance by the municipality.
Normally what you have is each member of the committee is a
resident and an elector of the city, and normally they must
remain so during the pendency of the entire time.
If they no longer qualify they have to be replaced.
There are some boards that -- normally they go for a period
of a year with the ability of the City Council to either
extend that time or to curtail that time depending on the
way it works.
Normally, there is a meeting frequency determined in the
document that creates a resolution.
Ran advantage to doing that is to let people know at the
outset of what the expectations are of their commitment.
The advantage to having the alternate required to attend
every meeting, so if they were unable, somebody was able to
attend, or had to leave, walk into it right away.
The disadvantage to not having an alternate, the replacement
would come in and ultimately just start on that day and have
to move forward and not have the history behind it.
Obviously when you have a board, it is a Sunshine Board.
Therefore each member normally, it would say in the
resolution shall be subject to the city's ethics code, and
Florida statutes governing ethics, open meeting, and public
records.
Also, it normally says that the members shall serve without
compensation.
There are some boards that require -- some cities that
require members of their charter review commission to
fulfill financial disclosure requirements that they file,
for the sake of transparency.
Depending on how you wish to have it constituted either
council can select who the chair will be or you can have the
board select who the chair will be.
Of course, the board can be devise its own rules of conduct
if it so wishes, or the council can have that within the
resolution.
Normally, also, in many of the resolutions that I have
looked at, if you set forth who the support staff is for the
board so it's the council who selects who the support staff
is who governs -- excuse me -- who supports the process.
And all of that is language that would be presented to you
depending on your decision points and how you wish to
proceed.
And obviously I could bring that to you very quickly, F and
anything the council needs to have changed, that will be
easily done.
But I would like to have you set forth that parameter, you
give me some direction as to what you wish to see.
09:57:23 >>FRANK REDDICK:
Who is the support staff for the citizens
review board?
09:57:28 >>MARTIN SHELBY:
You mean for the --
09:57:33 >>FRANK REDDICK:
Yeah, the citizens review board for the
city.
09:57:38 >>MARTIN SHELBY:
Well that wasn't designated in the
resolution.
09:57:41 >>FRANK REDDICK:
No, I'm asking, they have a board.
I'm pretty sure they have somebody to support that.
Support staff.
09:57:47 >>JULIA MANDELL:
City attorney.
It is a person who also is the assistant for internal
affairs, I believe.
Or it's another named member of the support staff person
from the Tampa Police Department.
09:58:04 >>MARTIN SHELBY:
It is delineated in the ordinance.
09:58:10 >>JULIA MANDELL:
It is delineated in the ordinance but I
know it's somebody in the police department who serves as an
administrator for one of the divisions of the Tampa police
department.
09:58:21 >>MIKE SUAREZ:
Mrs. Montelione.
09:58:24 >>LISA MONTELIONE:
I am going to try this.
I don't know if anybody can hear me.
I have got backup in case.
When the last budget was passed, a part-time position in the
council budget was established, so we would have the ability
to staff it with that part-time position.
09:58:47 >>MIKE SUAREZ:
Actually, if I may, I don't believe it was
designated a part-time position.
I believe we designated $15,000 in the budget.
09:58:56 >>LISA MONTELIONE:
Because I --
09:59:02 >>MIKE SUAREZ:
I defer to our legal department.
I think that far when we made that decision, it was --
09:59:09 >>LISA MONTELIONE:
It's both, trust me, because it is a
part-time staff position.
It wasn't identified as to what that part-time staff
position would be for.
It's not identified to any specific council member, but in
council's budget is an additional part-time position.
And they are 15,000 was a separate line item added to
council's budget.
09:59:41 >>MIKE SUAREZ:
Okay.
So your question is or comment, that that would be used for
staffing?
09:59:48 >>LISA MONTELIONE:
Yes, for a charter review position.
I get that budget.
09:59:58 >>MIKE SUAREZ:
Mr. Shelby.
10:00:00 >>MARTIN SHELBY:
Just to clarify Councilman Reddick's
question, in the ordinance it does say the provisions of the
section will be administered by the citizens review board
coordinator as designated by the chief of police and it
lists that person's duties.
10:00:13 >>MIKE SUAREZ:
Okay, terrific.
Any questions or comments to Mr. Shelby or to staff yet in
terms of -- because I think we still need some things that
we need to flush out before we go forward F.not --
10:00:27 >>LISA MONTELIONE:
Remind me of the target date that we
need to have the language settled in order to get on the
ballot in November.
10:00:37 >>MIKE SUAREZ:
We talked about the time frame before as
something --
10:00:41 >>MARTIN SHELBY:
Well, no as a matter of fact, with regard
to the charter review committee, it would very much take,
normally, a year for them to complete their task.
A lot --
10:00:55 >>MIKE SUAREZ:
I don't think that's what she's asking.
To put it on the ballot.
10:01:00 >>MARTIN SHELBY:
Oh, in November.
Okay.
Well, which ballot?
10:01:08 >>MIKE SUAREZ:
We can talk about that, Mrs. Montelione, if
that's all right.
10:01:17 >>MARTIN SHELBY:
It would be a process where either the
City Council would give the charter review committee the
delineation of what it wants to look at, or it could give
suggestions of things they would like us to look at, or it
could give them a very broad-based charge, and then council
or individual council members can actually ask the committee
to consider certain things that are in there.
Cities do it very different, you know.
There's no one way to do it.
The other thing is obviously, and take a look at the second
page of the strategic planning decision points that council
made the consensus that any changes to any power of any
office recommended and approved by the voters would be start
the beginning of the term for that office following the date
of approval.
So you are talking about the next term of City Council then
if it's related to the City Council or the mayor.
10:02:20 >>MIKE SUAREZ:
Any other questions?
I have some questions.
I don't want to take up until -- Mr. Shelby, a couple
things.
One, when we put this onto the ballot and we make a decision
to have a charter review board, do we have to put the
specifics in there or not?
And I think you might have mentioned -- and I want to
clarify -- in terms of the things we look at.
For example, I'm of the mind that we look at certain things
that give the charge to the review commission to look at
certain items specifically, and to the operation of the City
of Tampa's government as opposed to making it a general, you
know, wide ranging thing.
Because I think it's harder for a board to look at
everything as opposed to concentrate on two or three
different things.
And I'm always of the mind that you look at the authority
that both the mayor and the City Council have, the authority
that the mayor and City Council have in relation to each
other and the bay that they are supposed to serve the people
so that you have a little bit generalized in that way, and
then specific questions put to them as to each one of those
types of powers.
So, for example, we are going to be talking a little bit
about some of the audit powers that we talked about
previously, that may be something separate.
But for other charter reviews, for cities, not for counties,
because skew officer does make a difference to me in terms
of what that's going to be.
What have you found in terms of what generally charter
reviews do when it's that kind of relationship as opposed to
a county charter review?
10:04:03 >>MARTIN SHELBY:
Well, I could say this at the outset.
Number one, with regard to putting together a resolution
that creates the board that does not have to go to the
voters.
So City Council will just be able -- we could choose to do
it by ordinance if you wish.
Could you choose to do it by resolution.
Irrespective of how you create the board, whatever has to go
on the ballot will have to do so by ordinance.
Which means it will require the signature of the mayor or
will require an overrule of an item if that's the way
council wishes to proceed.
So in the strong form of government the mayor is certainly
an interested party and an active participant in the
process, the fact that whatever council decides to accept
that recommendation from the board would go to the voters in
the form of an ordinance.
My understanding of City Council's desire to proceed based
on the consensus at the strategic planning -- and correct me
if I am wrong -- is that the way you structure this board,
and by the very fact that there is no process presently
within your charter for a regular charter review committee
or a board or a process, that what would have to happen is
the board that is created by City Council would come to City
Council with recommendations, and would ultimately be the
decision of this City Council as to whether or not to accept
those recommendations as is or to move forward in some form
with putting language that's on the ballot.
So whatever City Council wishes to decide goes on the
ballot, an ordinance would then have to be prepared,
obviously the legal department would be involved in that,
obviously want the city attorney to be an active participant
making sure that everything is -- all the I's are dotted
and the T's crossed.
Normally what happens is a lot of the boards have it where
they will report back to be City Council's incrementally.
They complete their process.
They make their recommendations.
And they make their presentation.
Obviously, you also have the process where now this is a
Sunshine Board, so they are open to the public, and the
public has the opportunity conceivably at every meeting for
public input before that board.
So basically, what would happen is the process would begin
from the time that council passes a resolution or ordinance,
and then you constitute the board.
10:06:48 >>MIKE SUAREZ:
Mr. Shelby, the question about what you have
seen with other boards, again, similarly situated, those
that are city boards with a strong mayor form of government,
what has been the outcome of those review boards in terms of
what they have delineated?
I mean, has there been a direction to change the nature
between how the council and the mayor?
Has it been we are going to provide more powers, less
powers, keep status quo?
Are they specifically doing things that are minor changes to
boards, one of the things that's a minor change here?
I won't say minor, but to change any gender bias within our
ordinances and things like that.
So what have you seen as part of your research?
10:07:36 >>MARTIN SHELBY:
What I have seen is basically, for the
most part, the opportunity to look holistically at the
charter.
Because of the fact of the matter -- and I will share with
you my observation about this charter -- I cannot tell you
when if ever this charter has been taken a look at in its
entirety since its passage in 1975.
10:07:54 >>MARTIN SHELBY:
Sorry to interrupt you.
As an example, we could pass a charter review ordinance that
goes to the voters, or a recommended ordinance to the
voters, to create this board.
10:08:11 >>MARTIN SHELBY:
You could do it by resolution.
10:08:15 >>MIKE SUAREZ:
We could do it by resolution.
And in order to change the charter, though, we have to go to
the voters, correct are?
10:08:22 >>MARTIN SHELBY:
Absolutely.
10:08:22 >>MIKE SUAREZ:
So let me backtrack a little bit then.
As an example, we create the board.
The board comes back with some suggestions.
And those suggestions get put onto a vote at the next
election, whatever time frame we are looking at, whether
it's this election tore next midterm election, which would
be 2018.
We can do either one is what I am saying, doing during a
regular election, to save us money or some other election.
10:08:53 >>MARTIN SHELBY:
Well, if you do it during a regularly
scheduled election, you certainly will save a substantial
ount of money.
The question is whether you want to -- we have to work out
the timeline, obviously.
You could do it the next regular council if you wish.
Next regular council election or prior.
But it does not have to be.
10:09:18 >>MIKE SUAREZ:
But it does not have to be during a regular
council election.
County be a general election, whether 2016 or 2018.
The reason I ask that question is because if you put into
the charter or into what the resolution is going to be,
changing the charter, it doesn't come into force until the
next board and mayor is elected as opposed to it being, you
know, at the same time.
It's a little more difficult to do it at the same time as a
charter -- excuse me, a council and mayor's election, in my
mind, because now you are looking at making the change,
knowing whatever the next council members are going to do,
running for, knowing what their powers are going to be, I
prefer that the way only because it gives you a sense of
when you are running for an office you know exactly what
your limitations powers are going to be when you take
office.
I think that's important for people to know when they run
for office.
10:10:08 >>FRANK REDDICK:
You might have a greater turnout at a
municipal election.
10:10:12 >> In this city you never know.
Hope springs eternal.
But anyway, anything else, Mr. Cohen?
10:10:21 >>HARRY COHEN:
Well, I tend to agree with where I think you
are going, which you have the 2018 general election, and
there are charter changes voted in, you have a four-month
lag to reflect all of that.
You had mentioned being ready for 2016.
I don't think there's any --
10:10:41 >> No.
10:10:41 >> -- with being ready. So what you want from us is
direction as to what type of an ordinance or resolution we
want passed and what some of the details would be.
Mr. Reddick outlined the details of the appointment.
But things like how frequently they would meet, when they
would meet, what the term would be, and then also being the
question of what they would cover.
So I won't ask for the microphone again, I would say that I
do agree with giving specific direction to the charter
review board of what we would like them to scrutinize.
But, on the other hand, I do think they ought to have some
latitude on their own if there are things they feel strongly
about, they can certainly explore them and bring them back
to us and we can decide whether or not we want to move
forward with it.
10:11:33 >>MIKE SUAREZ:
Mrs. Montelione?
10:11:35 >>LISA MONTELIONE:
I wish this had a volume thing on it.
I made copies of the City Council budget, so this reflects
the increase of the half of that, it would have to be
carried over into the 16-17 budget.
I'm not contagious.
(Laughter)
And so that takes care of that question.
Whether or not there was personnel position created.
And then the $15,000 that was referred to, we have done that
by resolution, draft copy of the resolution, but it did
pass.
So that's that.
And I just wanted to clarify, when you said we wouldn't be
ready for '18, that the charter changes put audit and
whistleblower, what we talked about last time, that was that
the council would put it on the ballot ourselves and not
have that fit and wait for the charter review board.
I just wanted to clarify what we are ready for and not ready
for in '18.
10:13:13 >>YVONNE CAPIN:
Okay.
This is for '18?
Tell me again.
10:13:18 >>MIKE SUAREZ:
Make a choice as to when --
10:13:22 >>YVONNE CAPIN:
Whistleblower and the audit.
10:13:24 >>LISA MONTELIONE:
My preference is to put those directly
on the ballot in '18 like we discussed, and further changes
to the charter that would be suggested by a review board
would be in '18.
10:13:36 >>YVONNE CAPIN:
Okay, you are talking '16.
10:13:39 >>LISA MONTELIONE:
I'm sorry, 16.
10:13:41 >>YVONNE CAPIN:
That's what I thought.
Okay.
I agree.
And I agree, and I know we all discussed this, the
corporation to develop communities of the audit, dated May
3, 2016.
When you look at it, this audit was conducted March of 2013.
10:13:58 >>FRANK REDDICK:
Yes, right.
10:14:00 >>MIKE SUAREZ:
And we are going to get more into the audit
in the next item.
10:14:07 >>YVONNE CAPIN:
Okay.
(multiple conversations).
10:14:18 >>FRANK REDDICK:
Let me ask one question.
Then I am going to make a motion.
Let me ask you.
Give me the difference between a resolution and an
ordinance.
10:14:27 >>MARTIN SHELBY:
Well, a resolution is a statement of the
City Council.
It doesn't require the signature of the mayor.
It is easily amendable or rescindable.
An ordinance has to comply with Florida statutes.
It has to be signed by the mayor or passed by five members
of council if he does veto it.
It does require notice in a public hearing to the people.
And before adoption.
So that is a more formal process, and it becomes binding
unless the council repeals it.
10:15:12 >>FRANK REDDICK:
Mr. Chairman, just to get us started here,
I want to make a motion that we ask our council attorney to
develop language in the form of a resolution to establish a
charter review commission consisting of nine individuals,
seven appointed by this council, two by the mayor, and two
alternates.
10:15:36 >>LISA MONTELIONE:
Second.
10:15:38 >>MIKE SUAREZ:
Motion from Mr. Reddick.
I have a second from Mrs. Montelione.
Any discussion before we take that vote?
All in favor of that motion please indicate by saying aye.
Any opposed?
Thank you.
10:15:47 >>FRANK REDDICK:
Now --
10:15:54 >>HARRY COHEN:
Would it be appropriate to make a second
motion to flush out a little of the details?
10:15:59 >>MIKE SUAREZ:
Well, I would suggest, if we could -- we
could clarify this through Mr. Shelby -- maybe when that
comes back we might have that discussion, or we can try to
do it now, whatever the council prefers.
10:16:10 >>HARRY COHEN:
How about a couple to add to it?
10:16:14 >>MARTIN SHELBY:
I appreciate you diagnose that because if
I just got a consensus of council, unless you want to do it
by motion, that's fine, too, but just so I bring back
something that won't need too much work.
Also to refresh your recollection, number 4 on page 2, the
facilitators report listed some of the subjects that came up
during the strategic planning meeting that council thought
that they would like the charter review to discuss.
That can be part of the charge as well.
I can include that, unless there's anything that council
wishes to change in there.
10:16:47 >>HARRY COHEN:
I think that would be a great start.
I think we should incorporate item number 4 in the
directive.
I was also going to suggest that we very broadly aspire to
have the board seated by the fall, that they meet monthly,
at lowest, and that we try to have them finish their work
within one calendar year.
They would start October, they would be finished in October.
10:17:14 >>FRANK REDDICK:
If that's a motion I second.
10:17:18 >>MIKE SUAREZ:
Motion by Mr. Cohen.
Second by Mr. Reddick.
Any discussion on that notion? All in favor?
Any opposed?
Thank you.
All right, Mr. Shelby, do you have anything else to add on
this particular item?
10:17:32 >>MARTIN SHELBY:
Just a question.
And if I understand correctly, you said two alternates.
10:17:36 >>FRANK REDDICK:
Correct.
10:17:37 >>MARTIN SHELBY:
Okay.
I did mention the fact -- and about being subject to the
ethics code, Florida statutes.
Did council have a position one way or the other, or should
I leave that for future discussion about financial
disclosure?
10:17:51 >>MIKE SUAREZ:
That may be something that could be brought
back.
And I will say this before we go to the rest of the council.
I do think that it's important to have that requirement of
people that are serving on something those as important of a
board as this, that they should have a financial disclosure
to understand what the relationship is to anyone that might
have business before the city.
So Mrs. Montelione.
10:18:12 >>LISA MONTELIONE:
I'll make a motion to include financial
disclosure would be a requirement of being seated on the
board.
10:18:20 >>YVONNE CAPIN:
Second.
10:18:22 >>MIKE SUAREZ:
We have a motion from Mrs. Montelione.
Second from Mrs. Capin.
Discussion.
10:18:28 >>HARRY COHEN:
You know, I'm a little uncomfortable
committing to that yet, because I don't want us to put up a
roadblock that will prevent a lot of people from wanting to
serve.
You know, my question would be how detailed a financial
disclosure are we going to require?
And that would be how I would make a judgment.
10:18:48 >>MIKE SUAREZ:
I think it's already statutory.
10:18:51 >>JULIA MANDELL:
City attorney.
I believe once you become what we would deem an appointed
officer, which this would fall under that category, ethics
code will obligate that.
So it would be just similar to every other board that we
have.
10:19:10 >> It would be the short form.
10:19:13 >>JULIA MANDELL:
Short form, yes.
10:19:15 >>MARTIN SHELBY:
Thank you.
The reason I asked the question is because some of the
boards state they are appointed, so designated, to make sure
there is no question.
10:19:29 >>YVONNE CAPIN:
I think if you just stated it specifically
to let them know, you are an appointed officer,
blah-blah-blah, whatever.
10:19:40 >>LISA MONTELIONE:
I would say motion stands because as Mr.
Shelby pointed out, some call it out in the resolution.
10:19:49 >>MIKE SUAREZ:
Do you have that motion?
Mrs. Montelione, do you want to repeat it?
Sorry.
10:20:00 >>LISA MONTELIONE:
That the resolution for the creation of
charter review board include the provision of appointed
members having to complete a financial short-form
disclosure.
10:20:15 >>MIKE SUAREZ:
And we still have the second from Mrs.
Capin.
10:20:19 >>YVONNE CAPIN:
Yes.
I just want to add, appointed officers.
It's very specific that they know that's one of the main
reasons that they are cog doing this financial report.
So are you okay with that?
10:20:36 >>MIKE SUAREZ:
Do you accept it?
Okay.
We have the amended motion.
Any other discussion on that amended motion?
10:20:44 >>HARRY COHEN:
I want to say for the record I am not going
to support the motion.
I might support the concept when we come back with it.
I want to have a little time to think through it.
I don't know if we should require it or not.
I want to think about it.
10:20:57 >>LISA MONTELIONE:
What Mrs. Mandell said is it is
required.
10:21:02 >>HARRY COHEN:
No, Mr. Shelby said it is our choice whether
to include it or not.
I think what Mrs. Mandell said, if I could clarify, is if we
include it, it will be the form 6 that's required of all the
other officers.
10:21:15 >>MARTIN SHELBY:
I think Mrs. Mandell -- that it is a board
that way, it wouldn't be required.
10:21:22 >>JULIA MANDELL:
It would be my thought that this board by
its characterization would create that the members are
appointed officers.
However, your budget advisory board does not fall under that
definition because they are advisory in nature.
So whether or not they fall -- depending on how you put the
board up.
10:21:48 >>MARTIN SHELBY:
Given the way you define it?
10:21:53 >>JULIA MANDELL:
I would characterize it as appointed
officials and they need to fill out the form.
But at the same time, you know, there is your advisory
committee.
I think goes a little farther than that.
So you might want to -- I mean, maybe it would be a good
idea to go ahead and put in the there.
But I think that's the way you characterize it probably
falls into that anyway.
10:22:17 >>FRANK REDDICK:
In the Hillsborough County charter review
board, we had a short form 6 by the election office.
10:22:25 >>MIKE SUAREZ:
Any other discussion?
The amended motion still stands.
All in favor of that motion?
Any opposed?
Thank you.
Is there any other discussion on item number 4 before I go
to the public?
Mr. Shelby.
10:22:44 >>MARTIN SHELBY:
Would you like me to bring it back -- next
week would be a little short.
But would you like me to bring it back on the 23rd of
June?
10:22:52 >>MIKE SUAREZ:
23rd of June?
Had motion from Mr. Cohen.
Second by Mr. Maniscalco.
All in favor?
Any opposed?
Okay.
Any other discussion of item number 4 only before we go
forward?
10:23:10 >>YVONNE CAPIN:
Got it.
10:23:11 >>MIKE SUAREZ:
We are good then.
10:23:12 >>YVONNE CAPIN:
No, I have got some.
Sorry.
10:23:17 >>MIKE SUAREZ:
You are on the second page.
10:23:24 >>YVONNE CAPIN:
Second page.
Council attorney should clarify guidelines to council, and
thought it was dead which maybe it is, but here we go.
Initial point -- during attended public events which have a
role -- I am going to move forward and see where we go.
I am going to tell you, parking is essential to this job, to
meet and engage and participate in the many opportunities
that come to us, and it is an important part of what is done
on City Council.
I wrote this real fast.
But understand and serve -- to better understand ag and
serve the city -- the constituents -- City Council voted --
was voted in to represent people of Tampa, and it is assumed
that the council members were vetted by the voters on their
stance and issues important to the voter.
However, you are also voted in and elected to represent
those that did not vote for you.
So the better reach and increase awareness of constituents
to serve the needs.
I feel that parking for City Council is not a perk but a way
of engaging and encouraging more participation and
understanding for our citizens.
This is not -- is an important part of what is done is to
better understand and serve.
I would want to move this forward because when you look at
the budget you are talking about pennies.
And to be called a diva and whatever else the media called
me, they can do it again.
I would propose this for the next term.
I think it is important that this is part of what you are
engaged in.
Yes, they want you to be like the regular citizens.
You are not.
You are an elected official.
They elected you to represent them.
They elected you to be engaged.
They elected you to understand and serve, to go to be
their -- to be at their events.
So they don't have to -- the public doesn't have to be at
the events.
We should be there, and we are.
So, therefore, for the future council to be able to
participate, I believe that it is important that this is
included.
And when you look at the budget you are talking pennies.
And to get that kind of reaction over pennies was just, in
my opinion, very uncalled for, being as what -- I always
say, people say, well, that's a part-time job.
It's a part-time job, full, with a full-time commitment.
We are out Saturdays, Sundays, nights.
It is important, and it is -- and it's not in your job
description, but it should be.
It is exactly how you find out what your constituents want.
So that to me is -- I would move it for the future council,
2019.
10:26:44 >>MIKE SUAREZ:
Before I go forward, Mrs. Capin, I want to
clarify.
Are you asking that it be part of charter review discussion
or are you asking for us to pass an ordinance that would not
be in force until 2019?
10:26:58 >>YVONNE CAPIN:
Correct.
The second one.
10:27:00 >>MIKE SUAREZ:
The second one?
And I just wanted to make sure from our legal department
what is the process for doing that since it's not a charter
review, but where does it fall?
10:27:20 >> You goat an expense account every year when the budget --
as far as your parking for that expense account, no charter
change, no amendments, no fee change.
That's within your bailiwick to decide what your expense
accounts will be like.
And that won't require amendments to any ordinances but the
ordinance is set by city.
That may be a simpler way of doing it.
It's your decision how to handle it.
One is simpler than the other.
10:27:47 >>MIKE SUAREZ:
And what you are stating is that it's just
an administrative issue for us individually in order to use
our budget based on that?
10:27:55 >>SAL TERRITO:
Right.
You decide what your budget is going to be as a separate
branch of government and if you want to add that to your
expense account those your decision.
10:28:02 >>YVONNE CAPIN:
Mr. Shelby, since you were part of that
discussion.
10:28:08 >>MARTIN SHELBY:
And I don't have an answer or response to
Mr. Territo, but if I understand your concern, councilwoman,
let's say, for instance, where you park at a parking meter,
if your meeting goes long, or you are unable to feed the
meter, or the two-hour minimum meter, you may very well get
a violation.
10:28:31 >>YVONNE CAPIN:
I mean, there are cards to feed the meter
remotely.
My point is this, that I feel that in the future, it's only
going to be more -- more events, more participation, and it
would just encourage it.
It's just part of the job.
And part of the job is finding the parking space.
And we are not -- we are not like the public, because the
public has a choice.
And we don't.
We serve on those boards.
We do this.
And I do believe that it is not a perk, it is -- it should
be part of the job we do.
10:29:10 >>MARTIN SHELBY:
In that case, I think what Mr. Territo
suggested --
10:29:15 >>YVONNE CAPIN:
And I may or may not be here in 2019.
10:29:20 >>MARTIN SHELBY:
We can address this during the budget
process, and that can be taken up at that time.
10:29:28 >>MIKE SUAREZ:
I apologize.
I want to make sure we get clarification before we move
forward, that it is a matter of budgetary item being added
in, or -- I'm a little bit confused as to what the process
would be or what we should be diagnose next so that we can
move forward with her motion.
I want to make sure that people understand so someone
seconds and we go forward.
10:29:53 >>MARTIN SHELBY:
If I can, Mr. Territo, so I can say my
sentiments and you can address those.
We had this discussion in the past and there's also concern
about how the fees are set, and there's also certain, I
guess, covenants, or contracts, or interlocal agreements
that talk about how that sort of money from that department
is an enterprise fund pledge, certainly would affect
enterprise.
10:30:15 >>SAL TERRITO:
It's not a matter of being free.
In effect if you think it's costing you $500 a year to park
and use your credit card, that that would be reimbursable
expense that you could put in for.
I'm not sure what your expense looks like, if there's a
limitation on it, but always add parking fees to be that
particular list if you want to.
I'm not sure how that part of your budget looks.
10:30:40 >>MIKE SUAREZ:
I apologize.
I want to make sure we have clarity so we can move forward
with her motion as to what that actually means.
If it is a resolution asking for this but does not come in
to play until 2019 as you suggested, or ordinance -- I just
want to make sure.
Is it a resolution then?
And I think that's what we need clarification on.
10:31:07 >>YVONNE CAPIN:
My issue here, if it is included in the
City Council budget, then it is paid for, then it's added to
our budget, which is not -- is not -- if it's specified just
for that, and it's paid in advance to the parking, I don't
want -- what I want to see is that you are moving, and you
are moving from one event to another to another to another,
and you are not looking at that meter or that you ran out or
whatever.
It's paid in advance for whatever time, and it is noted that
you are city council and you are parked there and your
parking is paid for.
So if it is paid to City Council, as opposed to City Council
members getting in the their budget, I would agree.
10:32:01 >>MIKE SUAREZ:
It would be a separate thing.
So I am not sure how to proceed and I would like some
directive as I can.
Is it an administrative function?
10:32:12 >>SAL TERRITO:
I don't nobody how you would do that in
advance payment.
How do they know it's you, somebody using your car?
10:32:20 >>YVONNE CAPIN:
What are the green tickets?
10:32:23 >>SAL TERRITO:
The green tickets work in garages and
anyplace where you put a ticket in.
I'm not sure if it works on parking meters.
10:32:29 >>YVONNE CAPIN:
How are they paid for?
10:32:31 >>SAL TERRITO:
They are paid for out of your budget.
10:32:34 >>YVONNE CAPIN:
Okay.
It's exactly the same thing.
Except it's parking meters.
It's exactly the same thing.
10:32:40 >>SAL TERRITO:
I don't know if the parking meters take
those green cards.
10:32:43 >>YVONNE CAPIN:
It's not a groan card.
It's a matter of letting the parking meter people know that
when they see the City Council, a sticker or whatever, it
has already been paid.
10:32:54 >>SAL TERRITO:
That's more difficult to do.
I think if you put your credit card, City Council credit
card into a parking meter, it's taken care of by that.
I don't know mechanic cannily how that works.
I know what you are asking.
I don't know the answer to that.
I'm not sure if it's automatically prepaid there.
Has to be some indication of how it's automatically prepaid.
10:33:15 >>YVONNE CAPIN:
But the green cards are prepaid.
All it is is a green card.
And you just --
10:33:23 >>SAL TERRITO:
All I am saying is as a Parker meter I don't
know if they work in parking meters.
They will work in city garages.
It's easy to find out.
I don't know the answer.
I don't know if you can use a green card in parking meters.
If you can, then it's easy.
10:33:41 >>MIKE SUAREZ:
The clerk has a question.
10:33:42 >>THE CLERK:
I need clarification on the motion that was
made.
10:33:46 >>MIKE SUAREZ:
I think we are still trying to clarify that.
Oh, the last one, which was I think June 23rd.
10:33:53 >>THE CLERK:
Right.
For that one item or all the items that the motion has been
made previous?
Because we made about three or four motions and did not have
a date.
10:34:02 >>MIKE SUAREZ:
I think all of them will ride together,
would be my guess.
Correct?
Mrs. Montelione, another comment or question?
10:34:11 >>LISA MONTELIONE:
I expect what Mrs. Capin is asking for,
I couldn't support it because in my five years, I have
served on mostly all Hillsborough County board that serve on
the advisory -- on the housing board and the Hillsborough
River board and I serve on the MPO.
So I have not had a problem.
My outside boards I do personally as a council member.
The county boards most often, I park here in my parking
space and I walk the two blocks to the Hillsborough County
center.
I think it's personal experience, but I have not had an
issue where it's come in to play.
Now, finding the parking space is a whole other issue.
I have gone to lunches or dinners that we are invited to in
our professional capacity as an elective member of council.
And driving around because there is no alternative way for
me to get here.
We don't have a train.
I could take the bus.
But depending on what time we get out at night I might not
be able to get out.
So it's finding the parking spaces that's difficult for
everybody.
Sometimes you just have to plan ahead.
But I haven't had, with the boards that I serve on, I
haven't had an issue with parking because they are all
downtown and over at the county center.
Except for the river board, I park at City Hall which has
free parking in their parking lot so it's not been an issue
for me.
10:36:14 >>MIKE SUAREZ:
Mrs. Capin.
10:36:16 >>YVONNE CAPIN:
I still stand by it and I think that it is
a very important, encouraging part.
And yes, it is difficult, would be more difficult to find a
parking space.
And then when the meter doesn't work you are walking a block
and a half to the next meter which has happened to me.
But, you know, it happens to everyone.
But the amount -- I am not talking boards, I am talking
events, I am talking constituent, I am talking meeting
constituents for coffee, meeting these people constantly.
It's a constant everyday, every single day.
So the boards is not even the issue.
It's a issue of meeting with the constituents, going to
their events, parking in the, understanding what is
important to them, and it would make life a little bit
easier.
And if that's a problem, then I feel bad for the next
council that comes on board.
So it stand it is way I --
10:37:21 >>MIKE SUAREZ:
The motion stands as you have suggested.
Clerk, do you noticed clarification on the motion?
I'm sorry.
10:37:27 >>YVONNE CAPIN:
Clarification?
All righty.
That for 2019, we have a method to be determined where the
incoming City Council will be able to park at city meters
and be recognized that that is part of what they do, as part
of their job, or part of there -- to be -- meeting
constituents for coffee is an official business.
Three and four when they have issues about issues that's
coming up or have happened.
I think that is official business.
10:38:21 >>MIKE SUAREZ:
Okay, that is your motion.
Is there a second?
I have a second from -- motion from Mrs. Capin, second from
Mr. Reddick.
All in favor of that motion indicate by saying aye.
Okay.
Opposed?
Okay.
10:38:37 >>HARRY COHEN:
Let me make a suggestion that we skin this
cat a little differently.
Sorry.
Why don't we simply add to the purview of the charter review
board a discussion -- because we are talking about the next
council.
It isn't about us personally.
Compensation, the way that our per diem is figured, and how
it works, and whether or not there is a budget that each of
us has, and an examination of whether or not it's adequate
to meet our needs.
It's certainly an appropriate thing to look at and have them
report back to us.
10:39:24 >>MIKE SUAREZ:
Is that in the form of a motion?
10:39:29 >>HARRY COHEN:
Yes.
10:39:30 >>MIKE SUAREZ:
You got that, madam clerk?
We have a motion by Mr. Cohen.
Second from Mr. Maniscalco.
All in favor of that motion please indicate by saying aye.
Any opposed?
Two nay.
10:39:46 >>YVONNE CAPIN:
I have another motion.
We can bring up motions anytime we want, right?
10:39:51 >>MIKE SUAREZ:
All right, we got that.
I apologize, Mrs. Montelione.
10:39:54 >>THE CLERK:
Motion carried with Reddick, Capin, Cohen and
Maniscalco voting yes, and Suarez and Montelione voting no.
10:40:08 >>MIKE SUAREZ:
Mrs. Capin, I apologize.
10:40:12 >>YVONNE CAPIN:
Let's dive right in here and drill down.
I want to bring up the pay to City Council.
The annual salary toe City Council is 43,546 dollars.
The minimum pay to our aides is 50,523, maximum of $75,000.
They earn every penny.
But here we go.
I believe that council members -- and again, future council
members -- I'm termed out -- will be compensated at the
$50,000 line, which is in line with the minimum of a council
aide.
And I think it's really important to attract more people to
the job.
And then I would not increase the allowance unless, you
know, charter review board.
And I can see -- but I am going to bring it up, because it
needs the sunshine.
It needs the sunshine.
That council is paid less than the minimum of the beginning
starting aide.
And I think it should be at lowest at that minimum of
$50,000.
That's my motion.
10:41:48 >>MIKE SUAREZ:
Okay.
And that's to be part of our charter review discussion?
10:41:53 >>YVONNE CAPIN:
Yeah, it could be, but I would pass it
right now.
I mean, I would pass it for the future.
2019.
We are not starving, but it should be -- you know, it's just
really -- it goes with the -- you know, this is not a small
city. This is not a little budget.
This is not -- we are the second or third largest city in
the State of Florida.
Third.
And this is a lot of responsibility.
And I want the best of the best.
And if I can get it up to $50,000, hey, that's fantastic,
the city got a bargain.
But that's what I feel at least it should be.
At least.
10:42:38 >>MIKE SUAREZ:
There's no doubt they already have a bargain
with all of us.
(Laughter).
10:42:42 >>YVONNE CAPIN:
I sure am.
(Laughter).
10:42:48 >>FRANK REDDICK:
[Off microphone.]
10:42:50 >>YVONNE CAPIN:
Well, they have to be elected to this term.
10:42:56 >>MIKE SUAREZ:
We have an election to go.
So we have a motion by Mrs. Capin.
Do we have a second to Mrs. Capin's motion?
Okay.
And the clarification, I will clarify for you, that it is
only for 2019 and going forward.
Correct?
10:43:16 >>YVONNE CAPIN:
Correct.
10:43:18 >>MIKE SUAREZ:
Do we have a second?
I do not see anyone stepping forward to give a second.
It dies for lack of a second.
10:43:24 >>YVONNE CAPIN:
I am going to make another motion, to add
it to the charter review.
10:43:28 >>HARRY COHEN:
We actually just passed a motion telling
them to look at issues of compensation.
So basically we'll look at that issue.
10:43:39 >>YVONNE CAPIN:
Compared to aides and the rest of it.
10:43:42 >>MIKE SUAREZ:
Compared to everything.
I think so.
10:43:44 >>YVONNE CAPIN:
I just want to bring it up.
There you go.
10:43:47 >>MIKE SUAREZ:
Any other discussion on item 4 before I go
to the public?
Anything else to our strategic planning session?
Okay.
To the public.
This is a workshop session which means that after each
workshop we ask for opinions and comments from the public on
that particular workshop.
Please limit your comments to what we have just discussed
about the charter review.
Anyone in the public that would like to do that at this
time, please come forward.
10:44:14 >> Good morning.
How are you, council? My name is reverend Dr. Russell
Meyer, the co-chair of Tampa for Justice, pastor of a couple
of congregations in town, resident of Tampa Palms.
And I'm very excited to hear about a charter review
commission, and the way you laid it out, I look forward to
what it brings.
This weekend is a time when we remember those historic
words, that a government of the people by the people and for
the people shall not perish from the face of this earth.
Much blood has been spent on that.
And we need to do everything possible that we can to make
certain the widest participation of our community is
involved in our common government.
And not having reviewed the city charter since 1975 in a
holistic way, a whole lot of things have changed since 1975.
Our understanding of how democracy works best and just the
various components of the community are really like and how
they can be best be represented so it's very much needed.
We would very much like to see a civilian investigative
panel as part of a new city charter.
We know now from Florida corporates and other kind of
rulings that the current charter review board that has been
established, under an administrative function, can have no
real oversight of the police department.
Florida courts have been very clear that once an internal
affairs process has been set up for the discipline of sworn
officers, no other process can have any say whatsoever
internally, administratively.
The only way the community or the City Council could
actually have oversight over the police department is to
have an independent body that comes from a completely
different mechanism that's not anywhere associated with the
administrative function of the city.
Right now, the way we are constituted, Tampa Police
Department, which is filled with wonderful officers, is a
function of the mayor's office.
And so the community needs to be able to actually review law
enforcement policies, civilian investigative panels is
required in order to do that.
Thank you very much.
Bless you in your work.
10:47:07 >>MIKE SUAREZ:
Thank you.
Next, please.
10:47:11 >> John Green.
I'm in agreement with this review board.
And I'm wondering will the process of the City Council
election be included in this process?
How the election went on May 7th, after watching the
videotape --
10:47:39 >>MIKE SUAREZ:
If I can interrupt you.
There was no election of Tampa City Council on May 7th.
10:47:44 >> Well, when you speak of chair.
10:47:49 >>MIKE SUAREZ:
I apologize.
Thank you, chair.
10:47:51 >> After watching the videotape several times, I was pretty
disturbed from what the city had mentioned about there not
being a chair and pro tem at the time prior to you all
conducting business.
But my main point what I wanted to bring up is what the
clerk read from.
She said that votes will be counted by raising their hand.
And during the time that the pro tem was elected you all
took a motion, and during that motion was around the
30-minute mark in the tape.
When nobody raised their hand during that motion.
Only one person did, and that was Capin.
So looking at that tells me that the process in that wasn't
right.
And in my opinion I feel that it was -- the process was --
that the process was violated along with other things that I
read from your policy as well.
Now, one thing, I understand that -- one thing I do
understand is it clearly states that the chair should
decide, or conclusion of any motions or things like that
about how to conduct the election.
And reading that, the whole process was flawed, and
especially when than the pro tem was elected and nobody
raised their hand.
So how do we determine -- how do you determine if everybody
said aye when it clearly states from the clerk who was
conducting the election that votes will be counted by the
raising of the hand.
And to me it seems like it was out of order, when actually
it says the election of the chair will be held first.
The chair.
(Bell sounds).
10:50:15 >>MIKE SUAREZ:
And I will point out if you look, rules were
suspended in order to go back and do the pro tem first, and
then went back to chair.
So I would suggest that you look at that tape again.
10:50:25 >> Yeah, and I did.
And I'm reading your policies and procedures.
10:50:32 >>MIKE SUAREZ:
I understand that.
Mr. Green, I would point out one thing there, was no chair
at the time.
There was no chair.
The chair's term ends on March 31st every year.
So -- sir.
There is no chair at that time.
The clerk runs the meeting.
The clerk is the one that institutes any of the rules and
any of the procedures at that time.
So I'm not having a discussion with you, sir.
I'm just --
10:50:56 >> Some of what the clerk does and I'm telling what you the
clerk did.
10:50:59 >>MIKE SUAREZ:
Well, sir --
10:51:03 >> The chair will be elected first.
10:51:05 >>MIKE SUAREZ:
Again, go back and you will see that we
suspended the rules to be go back.
10:51:11 >>YVONNE CAPIN:
I have a question for you since you brought
up my name.
I want to know exactly what you saw.
Tell me again.
10:51:18 >> What I'm saying was, after you all went through the
process, I think it wags like on the 13th time, and
that's when you suspended.
You took a motion to vote in the pro tem.
10:51:32 >>YVONNE CAPIN:
Correct.
10:51:35 >> That was after you elected the CRA.
And that actually was out of order because you needed a
chair to conduct business, in my opinion.
So after you did that, then you made a motion to vote the
pro tem.
Correct?
And at the time, when you took the motion, on the clerk's
papers that she's accepting this election, it says all votes
taken by the raising of the hand.
Is that correct?
And I have the paper right here.
Would you like to see that?
10:52:15 >>MIKE SUAREZ:
She's asking you a question.
10:52:17 >> So when the clerk asks all in favor, everybody says aye,
and Mrs. Capin was the only one, was the only one who raised
their hand, and that's at the 30 minute mark on the video.
I purchased the video.
10:52:33 >>YVONNE CAPIN:
Let me say this, then I am going to ask.
I made a statement that during that time when I was
appointed, took 17 votes, but there were 22 applicants, not
7.
So that was something that was noted.
10:52:56 >>MIKE SUAREZ:
Thank you, sir.
Next, please.
10:53:00 >> I'm Ed, Ed Tillou, Sulphur Springs.
I came intending to speak about three items but it's been
restricted more than I realize it would be.
I will be able to talk about one of them when you get to
item 5.
But item 4 had an interesting twist to it.
There was apparently a 4-A and then a 4-B and C and D added
to it.
So I think it's open season to talk about that.
10:53:29 >>MIKE SUAREZ:
No, it isn't.
We are talking about the charter review, sir.
10:53:32 >> Well, I know, but then it was brought up as C and D.
So something I have spoken about in the past, the need for
City Council in order to represent the people better, that
you should all be given convertibles, hopefully volts.
But in this particular case I would say Mrs. Capin should be
given a Segway, and that way take the Segway into meetings
and she wouldn't have any parking tickets.
That would be better for the environment.
That would be better for global warming and climatic change.
Anyway, I leave it at that.
10:54:22 >>YVONNE CAPIN:
Really, come on.
10:54:23 >> Segway.
10:54:27 >>YVONNE CAPIN:
Got it.
10:54:30 >>MIKE SUAREZ:
Is there anyone else in the audience to
speak on item number 4, charter review discussion?
Sir.
10:54:35 >> Derek Chamblee, Google D-E-R-E-K-C-H-A-M-B-L-E-E.
Google C-Y-B-I-T-E-O.
Google Derrick Chairman below, citizen lawyer.
Google Derek Chamblee, St. Paul.
On the charter, the first thing is that rather than give the
power to a new group, almost like a new City Council, this
is the power that you already have.
Just appoint a committee, just appoint a committee to meet.
You can open the committee meetings up to the public.
You can get input from the public so it's not taking your
time to examine the charter.
I once again want to remind you, you are getting bad legal
advice -- and it came up whether or not you have subpoena
power.
You have subpoena power.
Told you that last year.
As far as the police review board, a strong mayor situation,
under review, perhaps changing the charter, just appoint a
committee.
Just appoint a committee.
And then whatever those recommendations that come from the
committee, you are going to need to vote on the language,
particular language along with your lawyer to put on the
ballot.
Meanwhile, the citizens aren't going to wait.
And we have a number of groups that are participating in a
recall, to hold a recall election in the spring so that we
get a new mayor.
And we read in the "Tampa Bay Times," Google "Tampa Bay
Times," E-N-T-E-L-I-N-T-E-R.
We read in the times that the mayor is thinking about
getting a job with the Hillary Clinton Administration should
Hillary Clinton win the election, and I'm deviating from the
charter issue, to the mayor issue, the strong mayor issue,
and there are those, Mr. Reed was speaking about in the
election of a chairman, and we found out that should Mayor
Bob Buckhorn decide to run for governor, he's already an
absentee mayor.
He's running around the country campaigning for presidential
candidate Hillary Clinton, hoping that, you know, perhaps he
can land a job in Washington, and at any rate, there's a
recall election.
We can get the signature.
We are not going to need that many signatures to get a new
mayor.
And when that occurs, and the mayor steps down or goes
somewhere else or gets another job, then chairman Suarez
would be next in line.
And we just feel that whoever the next mayor is, he should
run in the spring election and be elected by the people.
Thank you very much.
(Bell sounds).
10:57:40 >>MIKE SUAREZ:
Anyone else in the public that would like to
comment on item number 4?
I see no one.
Let's move forward to item number 5.
We have our legal department come forward.
Discuss this issue.
10:57:54 >>JULIA MANDELL:
City attorney.
I have provided to council members yesterday a charter which
provides to you information related to the five comparable
strong mayor form of government cities.
Interestingly enough, there is a lot of strong mayor forms
of government cities and most of them are relatively small,
so I chose the five that are comparable, and delineated
within that chart the process that is used for the choosing
of an internal auditor, the reports, the processes related
to that.
I did it actually in the way -- it does set forth exactly
what this process is for those cities.
Interestingly, three of them had their internal audit
function under the legislative branch of government, and
Orlando and St. Pete had it within their mayoral function.
The other thing that I thought was very interesting is the
use of an audit board is part of the process in many of
these jurisdictions.
I did provide you that information.
I am available for questions.
But I really think that what City Council would be really
need to do at this point in time is think begun what it is
they would like to have as part of their change, if that's
the way City Council would like to move forward.
We would need to go ahead and put that in the form of an
ordinance.
That is the ordinance that would be utilized for the
purposes of setting forth what would go into the referendum.
10:59:40 >>MIKE SUAREZ:
Councilman Montelione.
10:59:44 >>LISA MONTELIONE:
Thank you.
So you are saying all five of these cities have a strong
mayor form?
10:59:51 >>JULIA MANDELL:
All five cities have been determined built
Florida League of Cities which has a very handy listing of
what types of ghost each one of the municipalities is set up
as.
So all five of those are considered strong mayor forms of
government.
And are comparable in size like that.
11:00:10 >>LISA MONTELIONE:
Well, St. Petersburg is on the list.
But it would seem to me just from watching their actions
that mayor Kriseman is not as strong a mayor in his powers
as our Mayor Buckhorn.
Would that be a fair assessment?
11:00:34 >>JULIA MANDELL:
In terms of characterizing the strength of
a mayor --
11:00:39 >>LISA MONTELIONE:
I mean, mayor Kriseman said -- I don't
mean individual personalities.
I'm talking about the role --
11:00:49 >>JULIA MANDELL:
His role is a little bit difficult in that
T sense that, yes, the mayor has a seat at the council
table, or their City Council table.
Same thing with Orlando.
The Orlando mayor is a mayor commissioner.
However, it's really -- the way it's usually distinguished,
it's distinguished in how much authority is placed within
that mayoral role and how much authority is placed within
the legislative role.
There are differences, but in terms of categorizing them as
what we consider a strong mayoral form of government, the
Florida League of Cities has characterized them in that way
as my review of the charter, characterized in that way as
they have a level of independent administrative authority
and executive authority versus having their authority
delineate directly from the legislative branch or
combination.
11:01:43 >>LISA MONTELIONE:
Thank you.
11:01:44 >>MIKE SUAREZ:
Mrs. Capin.
11:01:45 >>YVONNE CAPIN:
Yes.
And out of the five strong mayors, under internal audit name
and designation, three are legislative branch.
11:01:55 >>JULIA MANDELL:
That is correct.
11:01:59 >>YVONNE CAPIN:
That's the point right there.
That is what I as a City Council member am looking for,
which is the checks and balances that we are so fully known
for.
So I think that that is a very important part of an audit --
an auditor should be an independent from the executive
branch, if possible, to be able to be hired and fired by the
mayor, to me the perception is -- and perception as everyone
knows is everything -- that -- and then when we get an
audit -- I will bring it up again -- this audit -- and this
isn't the only one. This audit is dated May 3rd, 2016.
This is when it came to us.
This audit was conducted March of 2013.
It took three years to either correct the deficiencies.
I am not sure. I am looking through it.
But that is an issue.
That is a huge issue on how we can conduct our business here
if we don't get these audits on time.
Therefore, I believe that the legislative branch should
be -- and they could look at it in the charter review,
internal audit name and designation would be through the
legislative branch.
And I believe that's very important.
It would take four votes of the seven to appoint anyone as
opposed to one person that hires and fires the auditor.
That doesn't work.
And I think that if you go to the League of Cities, and
to -- as a matter of fact, I was involved right after I was
elected, elected officials, national association of Latin
elected officials, and it was an educational seminar that
was up in D.C., and one of the things that came up was that
the auditor, the auditor, needs as much independence as
possible.
And I think four votes would pretty much guarantee that as
opposed to one hire and fire.
11:04:36 >>JULIA MANDELL:
Again I provided this information for your
discussion.
It is completely within your legislative role to delineate
what it is you would like to see in the ordinance, change in
the charter, and ultimately that goes through your ordinance
process, and then sog assuming it passed through council
would be on the ballot, that it is within your bailiwick --
11:04:57 >>YVONNE CAPIN:
I would point out that the top two the
legislative branch, Jacksonville and Miami, the two largest
cities in the State of Florida.
So again, I know it's for discussion.
That's what I am doing.
I am discussing it.
So with that, I would like to make a motion -- well, it is
on the charter for the audit.
It's included?
I need to include this into the charter.
11:05:29 >>MIKE SUAREZ:
Would you like to wait till after everybody
has a --
11:05:35 >>YVONNE CAPIN:
Yes, I will do that.
11:05:36 >>FRANK REDDICK:
Thank you.
Mrs. Mandell, let me ask you a question.
I don't know if you have the answer or not.
But when I look at Jacksonville and looking at Miami and I
read the small print --
11:05:49 >>JULIA MANDELL:
Sorry it's so small.
I can't read it either.
11:05:51 >>FRANK REDDICK:
And it says something about the -- this is
on Jacksonville -- ordinance, examination on special -- any
office or department, or agency of the independent -- let me
ask you a question.
On the strong form mayor of government, right?
11:06:19 >>JULIA MANDELL:
That's right.
11:06:21 >>FRANK REDDICK:
What role does the mayor player if they
request an ordinance based on this -- wharf if the role, the
mayor's role, I see where the City Council has got the
authority to make all these recommendations, requests.
And this is voted on by the City Council, what is the
mayor -- does he intervene or block this?
11:06:50 >>JULIA MANDELL:
My understanding, the way it works in
Jacksonville, within their charter, and keeping in mind that
Jacksonville is consolidated with government with the
county.
The form of government, has a much larger reach, and within
their charter there are certain departments that directly
under their legislative branch, and certain departments that
directly under their executive branch.
This particular department is under the legislative branch,
and it's been given through charter and through ordinance
authority to conduct audits.
And obligate it is mayor to be -- to allow his departments
to be audited or -- I'm not sure -- to be audited, and is
obligating the mayor to allow that to occur.
It doesn't necessarily obligate the mayor to implement,
because if it's within the mayor's bailiwick, then that
would be a decision he would have to or she would have to
make.
So that's why it's important to look at these strong mayor
forms of government and seeing how these are set up because
that's information component, in a strong mayor form of
government is different, and either a weak form of
government or alternatively a council administrator form of
government.
11:08:10 >>FRANK REDDICK:
Soap in Jacksonville and Miami, I see
where the commissioner can -- if someone put a motion
forward, if there is majority, four votes to turn this
request down.
And Miami and Jacksonville is basically similar by the
legislative branch and not the executive branch?
11:08:37 >>JULIA MANDELL:
That's correct.
And actually both of their auditing functions are very well
delineated within their charter, as well as with an
ordinance.
And it is direct authority that comes from the legislative
branch, but again you ask a question of implementation and
where the authority comes from for implementation.
A lot of these the way they characterize their auditing
function is it is intended to be a balance with the mayoral
and executive function in order to give that legislative
branch, at least examine that function as opposed to
intended to be part of internalized -- for example,
St. Pete, interestingly enough -- and I'm sorry I am kind of
wavering on this because I think as a counter point has
nothing in their charter related to an internal audit
function, nothing in their code related to an internal audit
function.
It is wholly and completely a department set up by the mayor
under the mayor's authority through a specialized charter
that the mayor has signed.
And so from that perspective it's intended to be something
that is the mayor's check, him or herself, versus a
legislative check on the executive function.
11:10:00 >>FRANK REDDICK:
My final question is if we want to have
greater input and request an audit, we want to have this
charter review board, charter review commission to review
our request to have greater input, it seems to me that we
will need to have discussion by moving it from the executive
branch, what administration has full control of audit to the
legislative branch to give more leverage and more input.
Is that correct in my interpretation?
11:10:37 >>JULIA MANDELL:
As I said it's completely as part of your
charter review function and part of your legislative
function to make those determinations, to go ahead and pass
ordinance to be allow that change to occur, and if it's this
council's will, from whatever purview, to go ahead and make
those kind of changes, that is entirely within your function
that we think it should be better under the legislative
branch or some kind of joint -- however it is you make that
call, it goes through the process, and the mayor as an
ordinance has an opportunity -- would have an opportunity to
override it assuming it passes, it goes to the referendum.
Those are really fully your discussions to have and whether
you think it's functional or not.
But keep in mind the norm for these types of strong mayor
forms of government is as a check, but doesn't take over
that implementation function.
So I think that's a significant distinction.
11:11:39 >>FRANK REDDICK:
Thank you, chair.
11:11:41 >>MIKE SUAREZ:
Before I ask for a second round, Mr. Cohen.
11:11:49 >>HARRY COHEN:
I want to follow up because I think that
really the heart of the issue is where this power is going
to lie.
And, you know, we discussed one option of proposing a change
for this November's ballot.
We also -- it appears we'll have the option of giving this
to the charter review board to discuss for 2018.
We can go either way.
The one thing that struck me while Councilman Reddick was
questioning you about this and we are looking at this matrix
is that I don't know if we can really flesh out the
structure we would want and get it on the ballot in 2016 and
be prepared to really have a full community discussion about
it, or whether or not it needs the time from the review
board.
And here is my fear.
My fear is if we put it on without it being particularly
well thought out and it failed, we are done with the
discussion and it's going to undermine the effort.
This is what I think Councilwoman Capin said about the three
out of the four, you know.
It is three out of the four, but there's a fourth one where
there's still at least some limited council involvement.
It seems to me that only St. Petersburg really doesn't have
any council involvement at all, and in some of these places
where they have consolidated governments, you know, they may
have an elected auditor.
A lot of these counties, the clerk is the county auditor.
If that person is directly elected, I'm not sure, but I
don't think Duval county is one of the ones where they have
lost that power.
I think they have that power.
11:13:45 >>JULIA MANDELL:
Well, the city of Jacksonville retained
that part under their charter even though they have a
consolidated function, and none of the governments that I
did look at -- and I look at some non-strong mayor form of
governments as well -- had an elected auditor.
If the function either came from the executive branch, if
there is they're was a separate executive branch, or from
the legislative branch, if it was a mission from the
government with an administrator or weak mayor system when
you really had the mayor sitting as almost like a super
council member, but not really being the sole executive
function running through that weak mayor.
So I am not saying there's not one out there.
But I have not seen from a municipal standpoint any form of
elected --
11:14:39 >>HARRY COHEN:
I would just finish my comment by saying
that this is a very complicated -- this is a more
complicated analysis, I think, than just who has the power.
There's all sorts of options for having to divide it up and
creating the checks and balances that I think everyone is
looking for.
And there's nab question.
Councilwoman Capin pointed out this audit.
But we know there's been a real frustration from the council
about getting the audits timely and really having any
ability to have input into them.
So a lot of food for thought here, I think.
11:15:15 >>JULIA MANDELL:
If I can just add onto that.
I certainly wasn't expecting it to be as complicated as big
of a policy issue when I first started working on it.
And she called all of these jurisdictions, she called the
national league of municipalities.
I was on the Florida league.
We both had communication was them.
There is a definite policy component to this conversation
that I think you need to consider, because certainly it is a
function that could be a significant function for every
governmental entity.
So you know, in my research -- and you probably know this
already -- there's also external guide lanes for internal
auditors, similar to attorneys where they have rules and
regulations they need to follow in terms of their
independence.
The same thing goes with independent auditors, and they have
licenses to maintain, et cetera, so you have a level of
professionalism that just generally comes with that level of
an office while at the same time recognizing that there
is -- that it is a balance against whatever activity is
occurring within a governmental entity, and then you also,
as I said, have implementation function which is just as
important.
So I think it goes to show that this is, over time, become a
much bigger question in some of these larger jurisdictions,
with saint really on some level being the outlier because
they had nothing in their charter.
There's in a obligation for them to even have this other
than the mayor implementing it on their behalf.
11:16:57 >>MIKE SUAREZ:
My apologies to Mrs. Montelione.
This is your first bite at the apple.
I apologize.
11:17:05 >>LISA MONTELIONE:
The first one was just to clarify the
form of governments.
11:17:10 >>MIKE SUAREZ:
My apologies.
11:17:12 >>LISA MONTELIONE:
I am going to try to get through all of
this.
I think we are making this more complicated than it needs to
be.
I think when we first brought this up, we had two very
simple things in mind.
And the way I see this is that the mayor would still be
requesting the majority of their audits.
As the chief administrator and having the responsibility of
the departments reporting to the mayor and having weekly
staff meetings, whoever the mayor is, is going to be able to
see some problems rise over time through their staff
meetings, and as any manager would through her direct
reports.
There are things that start to come up in staff meetings,
that the rest of us in the general public may not see.
So I still see most of the audit would be requested by the
mayor.
As we said, I think that most of us, saw this request to put
this on the ballot in 2016 to do two things.
One would be giving the council the authority to require an
audit of the city auditor.
So if there was something that came to our attention, after
discussion with our council, fellow council members, we
would have the ability to direct the city audit, to conduct
that audit.
I think we even talked about limiting that to three or four
audits -- a simple majority vote.
So I think we already set out some of that groundwork.
It wouldn't be the entire audit department reporting to us
as maybe some other jurisdictions V.it would simply be the
ability for us to request an audit of the city auditor by
super majority, if things come to us that may be the mayor's
priority list or come to their attention.
The other is that we would have the audits delivered to us
at the same time that they are delivered to the mayor's
office, and that would solve some of the problems we have
talked about before, getting the audits way, way, way after
they are initially implemented.
So I would support a position that would say when an audit
is requested and the city auditor engages in that process to
audit a department, we are notified that XYZ department is
being audited, where a schedule is given to us on a
quarterly basis of what audits are in process, so we would
be able to see when the audit was started, when it's in
process and what is a reasonable time to expect that audit
to be delivered.
And those all.
I mean, I don't know that we have to have this tremendous
conversation about, you know, the community input.
You know, the voices of the community are very important.
We meet every Thursday at council sessions.
We get e-mails from them.
But the process of audit, as I see it, is two very simple
positions.
And I would like to see this in '16.
Thank you.
11:20:52 >>HARRY COHEN:
It would seem to me you could do both.
Could you do two simple provisions in 16 but still have a
full-fledged examination of the issue by the charter review
board.
I think it would certainly be an appropriate function for
them.
I think you make a good point about the two narrow issues.
We did make a decision about the simple majority.
Mrs. Capin.
11:21:15 >>YVONNE CAPIN:
Okay, agree, agree, agree on all of that.
And we do hear from the constituents, except I go meet them.
We all go meet them.
The way I understood, if it still works this way from the
previous auditor that was here at the city, that the auditor
suggests to the mayor maybe four or five departments that
the auditor feels should be looked at.
The mayor picks the ones that the auditor is going to look
at.
That's the way the auditor explained to the me.
11:21:58 >>JULIA MANDELL:
That is my understanding, that the audit,
the internal auditor comes forward -- and that's the same.
I think it's the norm.
You come forward with a list of the auditor and the
department that hasn't been audited for a while, or there's
some formula that they come to, they come up with their
list.
That list would go to whoever is the ones that is
responsible for that function.
The mayor under these forms of government, is either through
an audit committee or City Council for that list,
recommendations are made, changes are made, and there's a
final list, and as the auditor goes through those -- that
list, the audit moves forward, and there's also the ability
to call for special audits both within our administrative
function as well as under all of these other ways that they
are set up.
11:22:56 >>YVONNE CAPIN:
The only thing that I don't know if the
auditor prioritizes as to where the most important need
might be.
When they bring the list to the mayor for him to choose
which ones are going to be audited.
So that right there -- again, I would -- this would be for
the charter, and maybe later, because there's more to this.
And, you know, when we look at this, I am looking at
Jacksonville, Miami, Orlando and West Palm Beach.
I totally X'ed off St. Pete.
What I am looking at is that when the auditors request a
true -- the internal audit report to, City Council, City
Commission, city management, audit committee, that's what we
are talking about.
It needs to, at the minimum, at the minimum, come to City
Council.
And at the same time that it comes to the mayor.
And that is, I think, what we were talking about was it
needed to be -- and timely, at the same time.
11:24:19 >>JULIA MANDELL:
My only concern from a legal perspective
about that, given the form of government you had and where
the internal audit function is, when you have a draft, that
is not a public record.
I can't say without researching it more fully whether or not
that internal audit function isn't directly under the
legislative branch.
Under our form right now, whether or not by giving it to
City Council members as a draft, it now becomes a public
record.
I don't have the answer to that.
But that is something that I think you need to know prior to
making that --
11:25:02 >>YVONNE CAPIN:
According to our charter --
11:25:04 >>JULIA MANDELL:
No.
11:25:06 >>YVONNE CAPIN:
So it's a public record in Jacksonville,
eights public record in --
11:25:09 >>JULIA MANDELL:
No, this is what I need to research.
Yes, in Jacksonville.
In those jurisdictions where it is within the bailiwick of
the legislative body to have that function performed under
them, they do receive draft support.
And I imagine that they are not public records.
I haven't had those conversations with them yet.
And I want to.
What I do not --
11:25:32 >>YVONNE CAPIN:
What you want to find out is how and why
they are not public records?
11:25:37 >>JULIA MANDELL:
Under Florida statute they are not public
record.
Under Florida Statute, they are not public record until they
become final.
11:25:45 >>YVONNE CAPIN:
Okay.
11:25:46 >>JULIA MANDELL:
What I don't know is say we keep the
function directly under the mayor as it is right now, but
you put in either the charter or some form of an ordinance
that it is to come to City Council as a draft.
What I don't know without researching it further is whether
or not you lose that exemption as not being a public record.
And before you make that decision I feel that's something
you would want to nobody.
11:26:15 >>YVONNE CAPIN:
And it is a draft until the mayor signs it?
11:26:18 >>JULIA MANDELL:
That's correct.
11:26:20 >>YVONNE CAPIN:
So in order to make that happen, it would
have to be a charter -- maybe the charter review, but on the
charter, the internal audit name and designation be
legislative.
11:26:32 >>JULIA MANDELL:
What I am saying is I don't have the
answer to that question without having researched that
specific point.
So again, it is up to you to decide how you want to change
your charter.
But I'm just saying if you wanted to keep the charter in its
current form and just say that City Council can ask for a
certain number of audits, and that all audits come to City
Council as a draft at the same time they go to the mayor as
a draft, I would want to be able to advise whether or not
coming to you -- it would be an exemption of the public
record.
And that's my only issue and concern that I am bringing to
your attention.
And I'm happy to research it.
I just wanted you to be aware of it.
11:27:15 >>YVONNE CAPIN:
So when it is the function of the
legislative branch to name and designate the internal audit,
then the draft is not sunshine.
11:27:29 >>JULIA MANDELL:
That's not what I am saying exactly.
What I'm saying is I don't know if they have lost the
exemption because it is going to their City Council or their
audit board.
I will say that if it's under the legislative branch I would
imagine there's a better argument for it.
But I just don't the answer to be T that question.
I would need to find that out.
I just wanted to bring that to your attention to let you
know that that is something that we would need to consider
in moving forward.
11:27:59 >>YVONNE CAPIN:
Okay.
We just voted for the 2016 to put the two items on the
ballot.
Correct?
11:28:12 >>MIKE SUAREZ:
No, not yet.
11:28:16 >>YVONNE CAPIN:
I thought we did.
It was brought up.
Okay.
I would like to know more about these legislative branch
appointments and the reports and how that works.
So I move that the city attorney bring us back that
information -- I'm sorry.
11:28:48 >>MIKE SUAREZ:
Do you want it to come back July 14th?
11:28:53 >>YVONNE CAPIN:
Is that when we are coming?
Can we get it sooner?
11:28:56 >>JULIA MANDELL:
I would be happy to come back on the
23rd meeting to give a report on that particular -- to
be able to report back on that particular issue.
I might even be able to do it in the form of a memo.
11:29:09 >>YVONNE CAPIN:
Okay, great.
11:29:11 >>MIKE SUAREZ:
Perfect.
So we have the motion.
23rd of June.
We have a motion from Mrs. Capin.
I have a second from Mr. Cohen.
All in favor of that motion please indicate by saying aye.
Any opposed?
Mrs. Montelione.
11:29:24 >>YVONNE CAPIN:
Excuse me. I am not going to be here the
23rd.
I will be in D.C. at a round table.
11:29:34 >>LISA MONTELIONE:
I am not going to be here for the
charter resolution either because that was also put on the
23rd.
11:29:39 >>YVONNE CAPIN:
23rd?
I will be in Washington, D.C.
At a round table.
That's a done deal.
11:29:48 >>MIKE SUAREZ:
Okay.
11:29:49 >>MIKE SUAREZ:
Mrs. Montelione.
11:29:56 >>LISA MONTELIONE:
Again I think we are making this too
complicated.
Mrs. Mandell, as it states, I have stated -- it is stated in
our charter it is a draft until the mayor signs it.
Correct?
11:30:13 >>JULIA MANDELL:
Correct.
11:30:15 >>LISA MONTELIONE:
As a draft, it is under seal, if you
will.
11:30:20 >>JULIA MANDELL:
There's an exemption of public records law
for that particular document.
11:30:25 >>LISA MONTELIONE:
All I am asking and what I stated before
is that it be delivered to us at the same time that it's
delivered to the mayor.
Still unsigned.
11:30:32 >>JULIA MANDELL:
What I am saying-oaf.
11:30:35 >>LISA MONTELIONE:
So it is still an unsigned document,
state law in our charter says that our charter -- that it is
not a public record.
11:30:43 >>JULIA MANDELL:
I don't know -- what I am concerned about
and I, is by having it go to the body that is not
responsible for the audit function, whether or not by
disseminating it loses that exemption.
That is all.
I just don't want -- I feel that it would without
researching it and looking at it.
The other thing I want to look at is I want to find out if
other jurisdictions that have it go to either an audit board
or go to their City Council or whatever their designation
is, that it's their opinion by going to a board versus going
to an individual, whether or not -- I just need to be able
to research it.
That's my point.
11:31:31 >>LISA MONTELIONE:
Mrs. Mandell, by changing the charter
the way we are suggesting that it be changed, aren't we also
changing the function is no longer --
11:31:44 >>JULIA MANDELL:
That's nominate what I heard the intent.
What I am suggesting to you is I need to be able to
research.
11:31:50 >>LISA MONTELIONE:
I'm saying by giving council the
authority to request audits, doesn't that fundamentally
change how the charter states it right now?
Because right now the City Council is not authorized to
request audits.
11:32:03 >>JULIA MANDELL:
I am simply saying that it's a nuance that
I think it's very that I go ahead and take a look at --
11:32:12 >>LISA MONTELIONE:
I agree it's important.
11:32:13 >>JULIA MANDELL:
I don't want to answer --
11:32:15 >>LISA MONTELIONE:
And make it way more complicated than it
needs to be.
11:32:23 >>MIKE SUAREZ:
If I could, I haven't spoken yet if I could
make some comments about this.
I have two things.
I am going to take up your suggestion, Mrs. Montelione.
I think that because she doesn't nobody the answer to it
doesn't mean the answer isn't the same answer that you are
coming up with.
But that's all she wants to Don is be able to research it
because I think that a limited power that we have talked
about, which is to either issue one or three audits through
the course of the year, do a super majority.
I don't think it automatically gives us the executive
exemption that's part of the Florida statute.
That's I think part of the problem that she's coming up with
and what she wants us to look at.
Secondly, we always have to look at what the balance of
power is.
We are not taking over the audit function.
And the difference between some of these other
municipalities and -- there is a very important distinction.
All of them, except for us, essentially were City Council
weak-mayor government for the most part.
St. Pete is one of the newest one in the way it changed.
It became a strong mayor government probably 20 years ago is
my guess or probably less than that.
And these part of the reason why they still have an 8-person
board, with a 9th vote as the quote-unquote mayor.
The in nature of the mayor's duties has changed
significantly in St. Petersburg than they were say back in
the 80s.
That's one of the things that we need to remember.
We always have had -- and I don't know the time frame but we
had a strong mayor government for many years.
We may be the oldest strong mayor government in the state in
a city our size if I am not mistaken. Anyway, the questions
that we have had in our previous discussion before today,
and what we are talking about today, which is a limited form
of two things, one, a timely reporting back to us of the
audit so that we have the ability to change those things,
whether they are budgetary, or suggestions administratively,
or even change ordinances or resolutions to make the
administration do certain things that we would like them to
do based on the fact that the audit has come back with
certain answers to questions or certain performances that
were put as part of the audit.
So I think that's a clear delineation that is not a function
of the executive, but -- excuse me, not a function of us as
an executive, but requiring them to come back, and if that's
a charter review requirement, we will make that a charter
review requirement, and I think a time frame can be settled
between ourselves and the mayor in terms of an 90-day or
120-day, whatever that may be, we will come up with that
number so that the mayor would have to come back to us after
a draft audit had been presented by our auditor.
That's the first thing.
Okay.
The second thing of course is that super majority to
initiate some audits of our own, I think it's important.
Here is why. Balance should always be, what is the mayor's
administration doing at that particular time, any mayor,
doesn't matter who it is, and whether or not they are
actually administering the city in a proper manner, and
actually making sure that those people that work under the
administration of that particular mayor are following the
rules, are making sure they are doing things the right way,
that they are not wasting money, that they are being more
efficient.
The only way that we can measure that is through an audit.
For us to not know or not have it in a timely manner makes
our job much more difficult.
So I think it's a fairly simple and I think a reasonable
request to make that go forward.
And I think that all of us have said that in different ways
but definitely all in agreement that we are not asking to
remove any kind of powers from the mayor specifically.
We are looking at nibbling at the edges to make sure that
when we want to have an audit, we should have it timely, and
secondly if we want to initiate an audit that we have a
limited power to initiate that audit.
So the two issues that I think we are going to deal with are
the two as Mrs. Montelione had mentioned and what we have
discussed which is whether or not we can put the time
frame -- and I would ask that the legal department to answer
this question -- if that can be done by ordinance or does it
have to be done by charter, the limitation on the time frame
of the audit be delivered to council.
11:36:46 >>JULIA MANDELL:
City attorney.
I think that could be put in the charter, or alternatively
language put in the charter which says that it will be --
that there is limited number or number of audits
requested --
11:37:03 >>MIKE SUAREZ:
Let me interrupt you.
The question is time frame of delivery of audit, not the
other issue.
11:37:08 >>JULIA MANDELL:
Could you either do it in the charter or
put it into an ordinance.
11:37:12 >>MIKE SUAREZ:
So we have the option of doing either one.
I think the more significant discussion concerning
initiating audit probably would have to be as part of the
charter, because that's the way that our charter currently
reads.
11:37:25 >>JULIA MANDELL:
That's correct.
11:37:26 >>MIKE SUAREZ:
I wanted to bring that out because we might
be able to do one, and that doesn't have the same time frame
we are looking at in terms of putting best the voters but
the second one definitely we need to be able to put before
the voters.
I just want to clarify that so we understand that we do have
the power to do at least one of those but probably not both
of those.
Mrs. Capin will be first.
I finished my comments.
11:37:47 >>YVONNE CAPIN:
I want to amend my motion from June
23rd.
And that's what I asked for, exactly.
Everybody has talked it.
But what I asked for was for our attorneys to come back and
give us a report on the exactly how the sunshine works or
doesn't work with the legislative branch.
11:38:09 >>JULIA MANDELL:
Well, I'm answering what you now posed to
me as a hybrid but I can't answer.
11:38:21 >>YVONNE CAPIN:
I know, but what we discussed before I made
the motion was that -- to know when the legislative branch
is in charge of designating the auditor, requesting the
audit, then the City Council and the City Commission, which
is in Miami and Jacksonville, are exempt from public
records.
11:38:48 >>JULIA MANDELL:
I imagine what they are, but what they are
suggesting is a hybrid of that and that's what I still don't
have an answer for.
11:38:54 >>YVONNE CAPIN:
Then you have an answer for the other one?
11:38:56 >>JULIA MANDELL:
Because it's listed as a hybrid.
Everybody.
11:39:04 >>YVONNE CAPIN:
Pleas read back the motion.
11:39:05 >>MIKE SUAREZ:
Mrs. Capin, if I could, I think there are
two separate and distinct issues.
One is when we talk about initiating those audits -- and I
think this is legitimate question when we are asking for
those timely drafts to come back to us -- if we look at the
draft to become a public document at that point and that's
the only question she wanted to have answered after further
research.
I think that's one point, if I am correct.
11:39:33 >>JULIA MANDELL:
That assumes that the function of the
auditor stays under the executive branch.
11:39:37 >>MIKE SUAREZ:
Correct.
11:39:40 >>JULIA MANDELL:
That's different than Jacksonville or
Orlando.
11:39:44 >>YVONNE CAPIN:
I want to know how Jacksonville and
Orlando, we will get the report, and that's what my motion
wags.
Going to look at it, and how the City Council, City
Commission, and their role of sunshine or not --
11:40:01 >>JULIA MANDELL:
A legislative branch.
That's what I asked to get more information on.
11:40:05 >>YVONNE CAPIN:
Right.
11:40:06 >>JULIA MANDELL:
Because it's assuming that the function is
staying under the executive branch as it is right now in the
City of Tampa, but having the legislative branch also
receiving that draft audit.
And I don't have an answer, as I stand here, asker to
whether or not under the sunshine law, since the function is
not under the legislative branch, that would be problematic.
11:40:27 >>YVONNE CAPIN:
So then you knew the answer before I made
the motion because the legislative branch in Jacksonville
and Miami that the City Commission is not sunshine?
11:40:39 >>JULIA MANDELL:
I'm sorry if I am not answering your
question.
11:40:41 >>YVONNE CAPIN:
Read my motion, please, if you can.
No?
You can't?
It's not there?
What does it say?
11:40:55 >>THE CLERK:
It says come back on the 23rd, and she
says she will put out a memo to the questions, and that's
what I have down for right now.
I will go back down and listen to the video.
11:41:09 >>YVONNE CAPIN:
Anyway, I am going to amend that to June
23rd.
I am not going to be here.
So I want to amend my motion to July 14.
And I apologize to anyone in here.
And again I am going to be real specific here.
To look at Jacksonville and Miami who are comparable cities,
actually larger, and their budget, particularly Miami, very
large.
Here we go.
How, since it's the legislative branch, when the audit is
requested, after the audit is requested, who does the
internal audit report to?
Here is the City Council and commission.
The discussion went -- I want to know how sunshine or not,
because it's legislative, we didn't know the answer to that.
That's what I wanted to know.
How that -- okay, we got it?
No?
Okay.
When the audit, the office of the council of the audit per
charter is under the legislative branch in Jacksonville,
Miami, it was stated that it could not come to us as a draft
because it would be sunshine.
I want to know how it happens in Jacksonville and Miami that
it does come to City Council and commission.
That's the question.
Whether July 14.
11:42:55 >>MIKE SUAREZ:
Before you go to discussion, are you done?
11:43:04 >>YVONNE CAPIN:
Yes.
I have another motion.
11:43:06 >>MIKE SUAREZ:
Motion by Mrs. Capin.
I have a second from Mr. Cohen.
He wanted discussion.
11:43:11 >>HARRY COHEN:
I just wanted to be clear.
The question that Councilwoman Montelione raised regarding
who Ask and when, that's coming back on the 23rd
already.
This issue for the 14th --
11:43:25 >>MIKE SUAREZ:
Let him finish his comment then we can go to
questions.
11:43:28 >>HARRY COHEN:
I thought it was already scheduled to come
back on the 23rd.
11:43:32 >>MIKE SUAREZ:
That's what the clerk has.
Finish your comment.
11:43:36 >>HARRY COHEN:
Councilman Capin is asking a separate
question here, correct?
11:43:41 >> Right.
11:43:43 >>HARRY COHEN:
I just want to make one comment.
It's not really toward the motion.
And that is, remember that any draft that would be presented
to City Council at the same time as the mayor, whether it's
a public record or not, is there seven copies of it that get
distributed here, it's going to be a public document
regardless in the sense that, you know, Mr. Daniels sent it
and all of our friends are certainly going to get ahold of
it when it's in draft form.
So we just need to be aware of the fact as we move through
what the schedule is going to be that at some point these
issues are going to be floated publicly regardless of
whether it's public or not.
11:44:30 >>YVONNE CAPIN:
Maybe we have to change the charter that
the auditor is named by City Council.
I want to nobody how they do in the Jacksonville and
MySpace.
And I understand that.
And it's the 14th.
We have the motion.
Then I have another motion.
11:44:45 >>MIKE SUAREZ:
A comment on that motion, Mrs. Montelione?
11:44:48 >>LISA MONTELIONE:
The only thing I wrote down is coming
back on the 23rd is the discussion for the item number
4, which is referencing the same as came back in the
strategic Planning Commission.
Item number 4.
So how is it coming back?
11:45:16 >>HARRY COHEN:
So I was under the impression -- and if I am
mistaken we need to clarify it now so we know when we are
getting when.
11:45:23 >>LISA MONTELIONE:
Because I didn't make a motion.
11:45:25 >>HARRY COHEN:
I was under the impression that the issue of
the ballot language for 2016 related to the two points that
you made, which were the super majority and -- what was the
other one?
The delivery of the draft, that those were coming back on
the 23rd.
That's not the case, maybe there needs to be a motion made
for that.
But the reason I picked that one that it needs to come back
sooner, we are running out of time on that.
11:45:53 >>LISA MONTELIONE:
That's my point.
11:45:55 >>HARRY COHEN:
Yours is a broader question.
11:45:57 >> Deliver a memo.
11:46:01 >>MIKE SUAREZ:
Hang on.
I will recognize you if you wait a moment.
Go ahead, ma'am.
Your turn.
Go ahead.
11:46:13 >>LISA MONTELIONE:
It's hard for me to speak to begin with,
and then I get spoken over and I get interrupted.
I was not finished.
11:46:20 >>MIKE SUAREZ:
Please continue.
11:46:25 >>LISA MONTELIONE:
It's difficult for me to have the
strength to put this out.
But if we wait until the 14th for the elementary legal
department to come back, we will be past the time to be
clarify language to get it on the ballot because I'm sure
after the 14th there will be more discussion and there
will be another motion.
So we need to get on the 23rd.
We need to get this back and we need to vote on it and we
need to move forward.
We can't be putting this off down the road because we will
run out of time and it will not be on the '16 ballot and
this audit section is the most important thing that we can
do as a council.
It is vital that we pass this -- and I don't want to keep
putting it off.
So, madam clerk, is it going to come back on the 23rd,
to request the language to put it on the ballot?
11:47:24 >> No.
11:47:30 >>LISA MONTELIONE:
That's what I thought.
So the motion to come back on the 23rd for the items
contained in this memorandum, and --
We have a motion on the floor.
11:47:43 >>YVONNE CAPIN:
I want to -- yes.
Here we go.
I agree with Councilwoman Montelione.
We don't need to kick the can down the road.
We have done enough of that.
Here is the thing.
Mrs. Mandell, you said you could do it as early as when as a
memorandum object?
Just so that we have the information when it comes back.
11:48:07 >>JULIA MANDELL:
I could probably have a memo done in the
next week to ten days.
Wouldn't be a problem at all.
So if you want me to have that ready for you for the
23rd, that's fine.
Whatever you would like.
I do think that both of those issues should be put out at
the same time.
11:48:24 >>YVONNE CAPIN:
I agree.
I won't be here.
I took my fellow -- trust my fellow council members will do
the right thing.
You know what?
I mate call in my vote.
I think I am going to do that on the 23rd.
I am going to be in D.C. but I can call in and listen to the
discussion and that's what I am going to do.
11:48:39 >>MIKE SUAREZ:
You have a choice, Mrs. Capin.
You can either change the date do it 2nd if she's able
to get something out that quickly or do as you mentioned
call in during that time.
11:48:47 >>YVONNE CAPIN:
Well, where to come in at the same time, it
would behoove the council to have as much information as
possible.
11:48:57 >>MIKE SUAREZ:
I wanted to give you the opportunity.
11:49:01 >>YVONNE CAPIN:
I understand.
11:49:01 >>JULIA MANDELL:
And at the same time, if it's going to be
the motion of council to ask for an ordinance of the changes
you are discussing we can do all of that at the same time
and after that if you are deciding on the ordinance, you can
also be informed on the sunshine law issue that I have
raised, and then go forward in that manner.
So it would be -- June 23rd.
11:49:27 >>YVONNE CAPIN:
I want the information before June
23rd.
To get it to us in memo is fine.
11:49:35 >>MIKE SUAREZ:
She's making a suggestion you get it back to
us in memo form prior to the June 23rd date.
And you made a commitment --
11:49:43 >>JULIA MANDELL:
Yes.
11:49:45 >>HARRY COHEN:
If I may make a suggestion.
We only, on the 16th, we have a workshop and a budget
workshop.
And we have not a large workshop calendar.
Perhaps we could do a special call on the 16th.
Deal with this issue separately.
Everyone will be here.
And that will give us the time.
That will give her the time.
11:50:07 >>YVONNE CAPIN:
Okay.
So I am going to change to the -- well, I already made my
motion.
11:50:13 >>MIKE SUAREZ:
I would make a suggestion and this is a
procedural matter.
Since he made a comment about a special call, we don't have
a special call yet voted on so we can't put your motion
forward on that special call meeting. So I would suggest if
you don't mind tabling your motion at this time so we can
clear it and then get to the special call, and then continue
from there.
11:50:32 >>YVONNE CAPIN:
Okay.
Sounds like a plan.
11:50:36 >>MIKE SUAREZ:
Sounds like a plan.
We are going to table that motion for the time being.
We are going to actually entertain a new motion and make
sure, Mr. Shelby, that I am proper, my rules of Robert's
Rules of Order to be allow that, to table the motion until
we have this other motion.
Mr. Cohen.
11:50:52 >>HARRY COHEN:
Make a motion for a special call meeting
immediately following our already-scheduled workshop session
on June 16th to take up the matter of audit.
11:51:03 >> Second.
11:51:04 >>MIKE SUAREZ:
Okay.
We have a motion by Mr. Cohen.
We have a second from Mr. Maniscalco.
Any discussion on the item?
Mr. Shelby had some comments.
11:51:12 >>MARTIN SHELBY:
For the purposes of setting notice
properly, perhaps you could set it at 9:30 a.m. if you wish,
or 10 a.m.
11:51:22 >>HARRY COHEN:
We could set it at 9:30 but it's immediately
following the workshop.
11:51:28 >>MARTIN SHELBY:
But at least people will know it's 9:30 or
sometime thereafter.
11:51:31 >>MIKE SUAREZ:
We have a time certain.
All in favor of that motion?
Any opposed?
Thank you.
Mrs. Capin, if you would like to make that other motion.
11:51:38 >>YVONNE CAPIN:
Yes, that we continue with that motion, and
it will be for on or before June 16.
11:51:48 >>MIKE SUAREZ:
Than the special call meeting has already
been set for the 16th so out want her to come back at
that time.
11:51:56 >>YVONNE CAPIN:
I would like to have it -- yes, that will
be fine.
Yes.
That's fine.
I wanted it before, but that's okay.
11:52:02 >>MIKE SUAREZ:
We have a motion.
There was no second -- the second I believe was Mr. Cohen.
Do you accept that as a continuously motion?
The motion for her to come back to us, ma'am.
11:52:13 >>YVONNE CAPIN:
On June 16th would be my request, which
again Jacksonville, Miami, how the audit is delivered to
City Council and commission without it being sunshine.
I just want to know how it's done.
11:52:32 >>MIKE SUAREZ:
We have the motion.
We have a second.
11:52:35 >>HARRY COHEN:
Second.
I am going to ask for a friendly amendment to incorporate at
the same time the two items that Councilwoman Montelione
brought up which --
11:52:51 >>MIKE SUAREZ:
I think it's better to do separate motion.
Let's go ahead and vote on that motion.
Clerk, are we clear now are? Okay.
Motion by Mrs. Capin.
Second from Mr. Cohen.
All in favor of that motion indicate by saying aye.
Any opposed?
Now, let's -- sorry, clerk?
11:53:05 >>MIKE SUAREZ:
Rescind the T motion for June 23rd.
11:53:15 >>YVONNE CAPIN:
I rescind the motion from June 23rd.
11:53:17 >> Second.
11:53:18 >>MIKE SUAREZ:
Second by Mr. Cohen.
All in favor of that motion?
Thank you.
Now, entertain a motion for the other items.
Mrs. Montelione.
11:53:26 >>LISA MONTELIONE:
Well, the first motion that we talked
about, the charter resolution motion, that was made earlier,
we need to change that date as well.
So I am going to move -- do I have to rescind this or can I
just amend it?
end the date of the previous motion regarding the
strategic planning session and the items contained in the
memo from the strategic planning session to be heard on the
16th at the special call meeting.
11:54:02 >> Second.
11:54:03 >>MIKE SUAREZ:
We have an amended motion from Mrs.
Montelione, a second from Mr. Cohen.
All in favor of that motion please indicate by saying aye.
Any opposed?
Thank you.
11:54:11 >>LISA MONTELIONE:
And before I make the motion, I want to
remind everyone, because back a while ago, Mr. Shelby laid
out for us the dates, and we are coming dangerously close.
We will have to have the first reading and a second reading,
and pursuant to section 2.10 present to the mayor, council
would have to reconsider it and pass by a two-thirds vote.
So that possibly taking out three council sessions right
there, with the first, the second, and having to come back
if the mayor vetos it.
And it has to be in into the supervisor of elections by
August 31st of 2016 and on the ballot in November.
So we only have five council meetings between now and August
31st, that only these two meetings for us to agree on
language to ask Mr. Shelby and the legal department to come
back with language.
I just want everybody to be on notice that we are running
dangerously close to being out of time.
So with that said, I would like to make a motion to have the
legal department working with Mr. Shelby to bring back
language for a charter amendment regarding audits by the
City of Tampa, that the City Council would have the
authority to require the city auditor perform audits -- just
perform audits by a super majority vote of council.
11:55:54 >>MIKE SUAREZ:
That is a motion on the floor by Mrs.
Montelione.
I have a second from Mr. Cohen.
Any discussion on that motion?
All in favor of that motion please indicate by saying aye.
Any opposed?
Thank you.
Next, ma'am.
11:56:06 >>LISA MONTELIONE:
I wish this microphone had an extension
on it.
11:56:11 >>MIKE SUAREZ:
I do, too.
11:56:12 >>LISA MONTELIONE:
I would like to make a motion that
council -- and there may be some discussion on this one --
that council be notified when an audit has been requested by
the administration of the city auditor, and a schedule of
audits that are in process by the city auditor be delivered
to council, that further an audit be delivered to council as
a draft pending Mrs. Mandell's -- her opinion on whether
that draft would have Lee main a confidential document until
signed by the mayor.
11:57:07 >>MIKE SUAREZ:
Okay.
11:57:09 >>LISA MONTELIONE:
And have the department act on Mr.
Suarez' suggestion that a 60, 90, or 120-day time limit be
put on that audit being signed by the mayor and becoming a
public document.
11:57:27 >>MIKE SUAREZ:
We have a motion from Mrs. Montelione.
Are you straight on that motion, clerk?
11:57:31 >>LISA MONTELIONE:
I have it written down.
I know it's hard to understand me.
11:57:38 >>HARRY COHEN:
I'm really not clear on what it is exactly.
I apologize because I know you are having trouble speaking.
I don't understand.
11:57:49 >>LISA MONTELIONE:
Which part don't you understand?
11:57:52 >>HARRY COHEN:
We are getting a report back that
Councilwoman Capin asked for and it seems to me you are
getting ahead of that.
11:57:58 >>LISA MONTELIONE:
No.
We are going to be getting on the 16th -- the question
that Councilwoman Capin asked which quite frankly I'm not
too clear on what it is.
What I am asking for is what I asked for earlier, which poem
seem to be clear about.
Okay.
So that council be notified when an audit is undertaken by
the city auditor, and that we have a schedule from the city
auditor of what audits are in process, and a requirement to
be decided number of days when that audit would be signed
and delivered to council.
That's what chairman Suarez had asked for.
So I am trying to incorporate his request into this motion.
If you want to do a separate motion for what Mr. Suarez was
asking, that would be fine with me.
11:59:08 >>MIKE SUAREZ:
It may help clarify, Mrs. Montelione.
It may make it easier for Mr. Cohen.
11:59:17 >>LISA MONTELIONE:
So we'll do a separate motion on what
you had asked for.
The first part would be that council be notified when an
audit is undertaken by the city audit department.
11:59:28 >>MIKE SUAREZ:
That is the motion on the floor by Mrs.
Montelione.
Defensive a second on it?
11:59:36 >>HARRY COHEN:
I will second that.
It seems to me what you are really asking for is that City
Council be given the audit schedule.
11:59:41 >>LISA MONTELIONE:
That was the second thing that I said
that he said was confusing so I adjustment simplified it.
11:59:48 >>HARRY COHEN:
Okay.
I am trying to make it more simple.
11:59:50 >>MIKE SUAREZ:
That is your second.
We have the motion with Mrs. Montelione, second by Mr.
Cohen.
All in favor? Any opposed? Thank you.
Go ahead.
12:00:01 >>LISA MONTELIONE:
Thank you.
So a separate motion for -- let me see.
I'm trying to use few words.
Correct me if I am wrong.
For a determined number of days, reasonable, 60, 390, 120
days, that the mayor has to sign an awed Toyota make it a
public document.
12:00:37 >>MIKE SUAREZ:
We have that motion on the floor.
Defensive a second?
12:00:39 >>LISA MONTELIONE:
Do you want to hand over the calendar,
Mr. Suarez, so I can do it in a motion?
12:00:51 >>HARRY COHEN:
We have a motion and second for discussion
on the motion.
I would just like to say, I want to vote on that motion
after we hear the report on the 16th.
But go ahead, Mr. Reddick.
12:01:02 >>FRANK REDDICK:
I just want to make sure I am clear on
what the motion is.
You are saying they have two weeks?
12:01:13 >>MIKE SUAREZ:
If I could, I will take it up for you.
No, what we are trying to settle is a time frame in which
the mayor has to provide to us that audit that has been in
draft form.
So he doesn't have a year to then deliver the audit as we
have seen with other audits that we have had.
He has up to -- and I think we were going to discuss 60, 90
or 120 days.
We haven't decided on the time frame.
We just want to have a discussion about that.
12:01:40 >>FRANK REDDICK:
Oh, okay.
12:01:42 >>HARRY COHEN:
Any other discussion?
Okay.
All those in favor of the motion please indicate by saying
aye.
Opposed?
Okay.
12:01:53 >>THE CLERK:
Motion carried with Cohen voting no.
12:01:58 >>MIKE SUAREZ:
Mrs. Montelione, any other motion on this?
12:02:06 >>THE CLERK:
And with Capin and Miranda being absent.
12:02:09 >>LISA MONTELIONE:
I think that completes it.
12:02:12 >>MIKE SUAREZ:
Any other discussions on the audit function
that we have gone through before we go to the public? Okay.
The public has -- anyone in the public that would like to
talk about this issue, item number 5 concerning internal
audit and the powers of the council and the mayor in
relation to audits.
Sir.
12:02:32 >> I'm Ed, Ed Tillou, Sulphur Springs.
Okay.
Some of the issues that came up in the discussion, some of
the issues that came up reminded me.
City of Baltimore was a part of Baltimore county, and then
it split off.
And I might research that because I am kind of curious about
it.
But that apparently happened with Jacksonville.
In any case this concept of a strong mayor, the specifics of
this issue, and I think what it is, I had mentioned, like
admiral Collins, I have some familiarity with rowing
because --
12:03:27 >>MIKE SUAREZ:
Let me interrupt you for just a second.
This is about the internal audit issue.
12:03:32 >> That's fine because I think this is something that should
be brought to the auditor's attention.
12:03:38 >>MIKE SUAREZ:
Okay.
12:03:41 >> Derek Chamblee just bought brought up that the mayor has
a lot of power.
He blamed you because he said you rescinded a lot of your
power, and I say this is a perfect example of that.
The point of it is this, that the community is delighted
with this.
This they're seems to be some, looking down on the
electorate and feeling they couldn't distinguish between
having a park which is good, doing things to the park, and
doing these specific things.
There's a difference between these.
And I have focused on the rowing thing.
That is not for the community that exists.
That is for the community that will be in place after the
existing community in our prospective place.
In other words, it has designs on West Tampa, and this is an
example of it.
Now, a poor man came and he said he would like to play
basketball.
He was an older gentleman.
12:04:48 >>MIKE SUAREZ:
Mr. Tillou, again, you are going far afield
as to what we were discussing.
General audit issues.
Please make your comments concerning what we talked about in
our workshop, which is per our rules.
If you don't mind doing that.
12:05:03 >> But the point of it is that an audit, an audit, could
take this out maybe, an audit could exist, a veto power, and
this bears a specific of why this is a very important issue.
This is an important issue because we have the specific,
which is wrong.
And the thing is what's wrong about it is not that something
is being done with the park.
I was brought -- this little thing says with.
A friend of mine, when I was in Stanford, he had whiffle
ball golf courses that can be tens of acres instead of
thousands of acres.
So there could be a Tiger Woods wiffle ball golf course
there and maybe ten acres of the park.
Be a splash pool.
There should be a pool about this deep where kids can be
taught how to swim, which should be a prerequisite everyone.
(Bell sounds).
12:06:01 >>MIKE SUAREZ:
Thank you.
12:06:02 >> And this is stuff an auditor could bring attention to.
12:06:05 >>MIKE SUAREZ:
Thank you, Mr. Tillou.
Anyone else in the public that would like to talk about this
issue, the internal audit discussion that we had?
I see no one.
I would ask our counsel to give us, I would say, maybe ten
more minutes or 15 more minutes so that we can go?
15 more minutes.
Mr. Maniscalco has the motion.
Mr. Cohen the second.
All in favor of that motion?
Any opposed? Thank you.
Item number 6.
Mr. Mueller.
12:06:34 >>ERNEST MUELLER:
Good morning, council.
Good afternoon, council.
I council asked the legal department to come back today and
provide a review of the current policy within the city team
researches department, whistleblower protections for city
employees.
Justin will be stepping up here in a second to review that
policy with you but also at least give you a summary of the
state whistleblower statute that also provides protections
to the city employee, and also after reviewing the
transcript of last month's meeting, we thought if time
permits and if you want to hear it we can also provide a
review of the anti-retaliation provisions of so state and
federal statutes that also provides protection in
opposition, causes and participation causes, that provide
those protections to City of Tampa employees.
So with that.
Justin Vaske, legal department.
The first thing we are going to look at is the city's
whistleblower policy which is section B-23.3-A of the city
personnel manual, and I have copies of that policy.
Briefly, any city employee can file a complaint ands what
can be reported will be anything, fraud code of violations
ethics and weight of funds, expensive uses, labor law
implications,
Other items such as waste, harassment, environmental
violations, and any other abuse or neglect of duty.
And there is also a hotline that complainants can call in
and also an option for employees to allow for anonymous
reporting of their complaints.
In addition it adopts the State of Florida whistleblower
act, and it's section 112.3187, and that allows any employee
of any state, regional, county, local or municipal
governmental entity to file a complaint.
Now, this employee, or the discloser must do one of the
following under this state statute.
The discloser must disclose the violation of his or her own
initiative, and a written and signed complaint of the act,
to participate in an investigation of a violation, refuse to
participate in a retaliatory action based on a violation,
call in to the hotline for whistleblowing or Medicaid fraud,
or provide a complaint to his or her supervisor which is
then forwarded.
Now, the discloser must not have committed or potentially
participated in the violation and cannot get protection from
retaliation if they are in the state correctional system.
The discloser must identify himself or herself, but the
discloser's identity is confidential without written
consent.
Now, what can be reported under the state law, violations of
any laws, rules or regulations that create a substantial
specific danger to the public health, safety and welfare,
improper use of governmental office, including gross
malfeasance, misfeasance, gross waste of funds, suspected or
actual Medicaid fraud or abuse, gross or neglect of duty,
also what can be reported is discrimination on the basis of
race, color, religion, sex, national origin, age, handicap,
or marital status.
Now, there is protection from retaliation for all
governmental employees in the State of Florida.
This includes City of Tampa employees, even those that do
not have bargained for positions.
The whistleblower act prohibits retaliatory action, and
those actions include discharge, transfer, devotion,
withholding of bonuses, reduction in salary or benefits, or
any other adverse action taken against an employee within
the terms of the employee's employment.
Now, in addition, there's another added protection from
retaliation, which is under the Florida civil rights act,
and an employer can't discriminate against any person
because that person has opposed any practice which is
unlawful employment practice, or because that person made a
charge or participated in any manner in an investigate
proceeding or hearing under this section.
In other words, the State of Florida governmental workers --
once again this includes City of Tampa employees -- cannot
be discriminated against for opposing a lawful employment
practice or for participating in any investigation.
Now, keep in mind a lot of this language inures federal law,
and that's my next bullet point, which is that there are a
variety of laws that protect workers from retaliation, and
this language is in the title 7 discrimination act, equal
pay act, the age discrimination and employment act and the
ericans with Disabilities Act.
12:12:43 >>MIKE SUAREZ:
Mrs. Montelione.
12:12:47 >>LISA MONTELIONE:
To be part of the report that we got
today, but do you know how many -- probably don't -- human
resources.
Maybe you asked in anticipation.
But how many calls has the lot line received since 2013?
12:13:07 >> I don't have that answer.
12:13:08 >>LISA MONTELIONE:
So to have human resources report to us
at our next regularly scheduled meeting under staff reports,
A, summary of the use of the hotline, how many calls have
come in, what types of issues are reported, and, if
possible, the resolution of those, for instance, what action
has been taken by the administration to correct or track the
concerns called into the hotline.
12:13:43 >>MIKE SUAREZ:
Motion by Mrs. Montelione.
Defensive a second?
I have a motion from Mrs. Montelione, second from Mr.
Maniscalco.
All in favor of that motion?
Any opposed?
Thank you.
Any other questions?
12:13:54 >>LISA MONTELIONE:
Can you tell me what the difference --
this is a procedure that was signed, as you said, by
executive order.
I have actually two questions.
If it is already federal law as you stated or the language
merits state law as well, does the mayor feel that's
referring to an executive order, reiterating the same things
that are in federal or state law?
I.
12:14:32 >> I do not know the policy considerations for placing this
in the manual.
All I can say is that state law is referenced in this policy
but I do not know the --
12:14:42 >>LISA MONTELIONE:
The point I am making is that in a
perfect world, there wouldn't be any retaliation or
consequence to an employee reporting something they saw
fitting into these categories of waste and abuse.
But we know that it happens.
I mean, it's human nature.
And there have been cases across the country, some here in
our own city, of reported retaliation.
So there must have been some impetus for putting this in a
policy.
So my question is, what differentiates a policy from
something being in the charter or codified by ordinance or
resolution?
12:15:41 >> Well, speaking to the employee's manual, that is in the
purview of the mayor, and as mentioned earlier the
strong-mayor form of government, and this is in the mayor's
personnel manual.
12:15:55 >>LISA MONTELIONE:
So at any time it can be changed?
12:15:59 >> By executive order.
12:16:00 >>LISA MONTELIONE:
So what my feeling is, to make this a
permanent part of the code, because employee protections
can't be changed, not without a vote by the public, or maybe
in the case of a resolution or an ordinance, majority of
council.
I would like this to become part of -- so that any future
administration cannot rescind or change this policy.
12:16:36 >>MIKE SUAREZ:
Would you like to make that in the form of a
motion to come back on June 16th when we are talking
about charter review are?
12:16:42 >>LISA MONTELIONE:
Thank you.
12:16:43 >>MIKE SUAREZ:
I think we have a motion, clerk.
Do you have that clearly?
12:16:50 >>LISA MONTELIONE:
The motion would be to basically take
this executive order and convert the executive order into --
I need legal advice here.
Would it be an ordinance, a resolution, or in the charter
discussion?
12:17:12 >>MARTIN SHELBY:
May I ask is it your intention rather than
just take an executive order -- because we had some
discussion about this previously.
Rather than just take an executive order and convert it, is
it your desire to ask council to consider creating perhaps
whistleblower provision within the code of ethics that would
be part of the city's ethics code, and be immortalized in an
ordinance within that section are? Is that your desire?
12:17:40 >>LISA MONTELIONE:
What is the strongest way possible.
12:17:42 >>MARTIN SHELBY:
A resolution --
12:17:45 >>LISA MONTELIONE:
Well, changing the code, right, would
take another vote of council.
12:17:50 >>MARTIN SHELBY:
Yes.
It or it would have to be in the form of an ordinance and
would have to go to the mayor to either sign or veto it.
12:17:59 >>LISA MONTELIONE:
There seems to be some discussion at the
podium.
12:18:01 >>MARTIN SHELBY:
But again the question is -- and there are
frankly it -- I think Mr. Vaske is more familiar with this
than I am but there may be more advantages to having it
phrased the way it is in this executive order and to put it
directly, put the language directly into an ordinance or
resolution may not address your concerns.
Resolution obviously doesn't have -- is not codified.
12:18:25 >>LISA MONTELIONE:
No, but if we change the code of ethics,
and an ordinance for the code of ethics, then it would be.
12:18:33 >>MARTIN SHELBY:
Yes.
12:18:34 >>LISA MONTELIONE:
Thank you.
So that's what the motion would be.
Is to amend the ethics code of the City of Tampa to contain
whistleblower provisions such as stated in the executive
order.
Mrs. Mandell, Mr. Vaske?
12:18:54 >>MIKE SUAREZ:
That's a motion.
Do we have a second?
We have a second by Mr. Reddick.
Motion by Mrs. Montelione.
All in favor of that motion?
Any opposed?
12:19:04 >>LISA MONTELIONE:
Thank you, council.
12:19:07 >>MIKE SUAREZ:
Any other comments or questions regarding
item number 6?
June 16th.
Thank you.
Okay.
Is there anyone in the public that would like to comment on
item number 6 concerning our whistleblower protection?
I see no one.
Okay.
Information reports from our council.
Mrs. Montelione.
12:19:30 >>LISA MONTELIONE:
No new business, sir 123479 Mr.
Maniscalco.
12:19:33 >>GUIDO MANISCALCO:
I would like to move that Tampa City
Council present a commendation to mount Zion AME church in
celebration of 127th anniversary to be presented on June
12 at the event.
12:19:45 >>MIKE SUAREZ:
I have a motion by Mr. Maniscalco.
Second by Mr. Reddick.
All in favor of that motion?
Any opposed?
Mr. Maniscalco, anything else? Mr. Reddick, sir?
12:19:57 >>FRANK REDDICK:
Just requesting a commendation to present
to the Tampa department of solid waste for their 2016 man
and woman day on June 16 at 9:00 a.m.
12:20:11 >>MIKE SUAREZ:
Motion by Mr. Reddick.
A second from Mr. Maniscalco.
All in favor of that motion?
Okay.
Motion passes.
Is there anything else that the council would like to
discuss?
If not we are adjourned -- oh, excuse me.
Motion to receive and file from Mr. Maniscalco.
Second from Mr. Reddick.
All in favor of that motion indicate by saying aye.
Any opposed?
If nothing else we are adjourned until 5:01 p.m.
Thank you.
(City Council meeting adjourned.)
DISCLAIMER:
This file represents an unedited version of realtime
captioning which should neither be relied upon for complete
accuracy nor used as a verbatim transcript.
The original of this file was produced in all capital
letters and any variation thereto may be a result of third
party edits and software compatibility issues.
Any person who needs a verbatim transcript of the
proceedings may need to hire a court reporter.