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