01-02-1940 Speical Meeting1
MINUTES OF THE MEETING OF
MIAMI SHORES VILLAGE COUNCIL
JANUARY 2, 1940
A special meeting of the Miami Shores Village Council
was held on January 2, 1940 in the Village Office at 7:30 P.M.
All members of the Council were present, this meeting
being called pursuant to the action taken at the last special meeting
on December 23, 1939.
Mayor Kitson requested all people in the audidnce that
wished to be heard to address the Chair and be recognized in order
to avoid confusion.
Mr. Milledge renewed the motion to discharge Mr. Simmons
and after a few minutes delay Mr. Stockdell seconded the motion. Mr.
Milledge stated that "hiring and firing is not a question of court
trial, but simply at the will of the Council and anyone can be dis-
charged at the will of the Council. However, I have a very definite.
reason for making the motion. Regardless of the fact as to whether
or not Mr. Simmons obtained the consent of members of the Council,
the fact remains that he misrepresented to me the fact that he was
receiving pay at the dog track and this is true of two other members
of the Council. When the question came up about mlary of the present
fiscal year he talked with me several times and each time in the
discussion he told me what he had to do to earn his salary. He men-
tioned night work at the dog track for which he received no salary.
At the last meeting Mr. Simmons was questioned concerning the borrowing
of money from George Burckell. Simmons told of hits father dying and the
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first person he saw was Mr. Burckell from whom he borrowed one hundred
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and fifty dollars (150.00). He displayed on the table the note of
which he was the maker and Mr. Burckell payee, dated September 7,
1937 and told us that the note had been paid in January of 1938.
Simmons refused to turn over the note and I saw him personally at
the drug store in the presence of Mr. Arnold and asked him to turn
over the note to the Village for safe keeping and investigation for
reasons I stated to him that I questioned the accuracy of it. He
said he would have to ask Mr. Burckell's permission to do so."
Mr. Worley, the attorney representing Mr. Simmons, stated
that the reason the note had been refused to the Council was his own,
Mr. Worley's advice to Mr. Simmons, not to give the not to anyone. He
further stated that the note was Mr. Simmons private property and that
he did not think anyone could deny that the note had been paid.
Upon putting the motion to a vote the result was:
Mr. Stockdell
Mr. Milledge
Mr. Lindsey
Mr. Pruitt
'Mr. Kitson
and the motion was not carried.
Yes.
Yes.
No (With request to explain
vote)
No
No
Mr. Lindsey stated that the reason he voted "No" was
because members of the Council of which he is now a member had made
arrangements at the time ho was not a member of the Council for the
Biscayne Kennel Club to pay Simmons ten dollars ($10.00) a night, and
regardless of personal feelings in the matter, he could not vote
against Simmons. He stated that this did not mean he was satisfied
with Simmons' conduct or with the conversations which he had with
Simmons and the fact that Simmons had left him with the impression
that he had not received even a present from the Kennel Club. Mr.
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Lindsey stated that he was giving Mr. Simmons the benefit of the
doubt.
Mr. Miliedge then made a motion that Mr. Simmons be
requestedto turn the note over to the Village for an examination as
to handwriting to find out if Mr. Simmons spoke truthfully to the
Council. This motion was seconded by Mr. Lindsey and carried by.a
four-fifths vote with Mr. Pruitt voting "No." Mr. Stockdell then
made a motion that Mr. Simmons remain suspended until such time
as the Village Manager could request custody of the note susposedly
given to Mr. Burckell and the report of the Village Manager could
be given to the Council and action taken thereon.
Mr. Lindsey then made an amendment to Mr. Stockdell's
motion that Mr. Simmons remain suspended until the next regular
meeting of the Council, the Council then to determine whether or
not the suspension is to be without pay. The amendment to the motion
was seconded by Mr. Miliedge and the vote on the amendment was as
follows:
Mr. Stockdell Yes
Mr. Miliedge Yes
Mr. Lindsey Yes
Mr. Pruitt No
Mr. Kitson No
and the motion was carried.
The vote on Mr. Stockdell's motion as amended was put
to vote and the result was:
Mr. Stockdell Yes
Mr. Miliedge Yes
Mr. Lindsey Yes
Mr. Pruitt No
Mr. Kitson No
and the motion was carried, after which the meeting was adjourned.
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APPROVED BY THE COUNCIL:
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