01-26-1993 Special MeetingMIAMI SHORES VILLAGE
SPECIAL COUNCIL MEETING
JANUARY 26, 1993
The special meeting of the Miami Shores Village Council
was held on January 26, 1993, at the Miami Shores Community
Center commencing at 7:38 p.m. with the following members
present:
Mayor Steven Johnson
Henry T. Courtney
Herb Spahn
Stephen Loffredo
Robert Cook
Also present: Gall Macdonald
William F. Fann
ITEM *1 DISCUSSION OF EMPLOYMENT STATUS OF VILLAGE MANAGER
Mayor Johnson Introduced the Item and reviewed the background.
He reviewed his reasons for his dissatisfaction with Ms.
Macdonald's performance as Village Manager. The reasons are as
follows:
Her interest In leaving Miami Shores for another
position.
The fact that she denied that she was currently
seeking other employment.
Failure to adequately manage the people working for
her.
An apparent disinterest In actively pursuing the
Interest of the Village.
Misleading the Mayor regarding her retention of the
title of Clerk and Manager.
Her strident lobbying of Council In support of PCM In
their dealings with the Village.
Mayor Johnson denied violating any law with regard to this
matter. Mr. Cook moved that the Miami Shores Village Council
suspend Ms. Gall Macdonald's employment with pay pursuant to
Section 30 of Miami Shores Charter, which states, in part, "The
Council shall appoint and prescribe the compensation of the
following officers... :Village Manager, Clerk... and Attorney
who shall hold office at the will of the Council." Such
suspension to be effective immediately and subject to her
request for a hearing at a later date. Mr. Courtney seconded
the motion. Mr. Loffredo stated that he was shocked and
appalled that the motion is being considered by the Council
since there has been no previous conversations regarding Ms.
Macdonald's performance. He spoke about Miami Shores traditions
and stated that he was concerned with possible violations of the
sunshine law. He also spoke about Village support of the
Village Manager. Mr. Cook stated that citizens have approached
him that are dissatisfied with Ms. Macdonald. He stated that he
sees no violation of the sunshine laws. Mr. Spahn stated that
at the end of August the Council gave Ms. Macdonald a merit
Increase. He said that he was proud of how Ms. Macdonald
organized the Village after the hurricane. He spoke about the
Club and the Council protecting property values. He also stated
that the situation was not handled professionally. Mayor
Johnson stated that previous supporters of Ms. Macdonald have
come to him regarding Ms. Macdonald not continuing In her
present position. He stated that the Council can remove the
Village Manager without cause. He said that he tried to deal
with the situation with decorum. He also said that there is no
malice in the action he took. Mr. Loffredo spoke about the
history of the Downtown Revitalization Board and the new group
run by the Chamber of Commerce to promote the Village of which
Ms. Macdonald was only one member. He stated that the Village
Manager Is being the scapegoat for the will of the Council In
this matter and the fire station matter. Mayor Johnson stated
that Ms. Macdonald assumed the responsibility for developing a
marketing plan. Mr. Spahn stated that the new Council should
have the chance to work with the Village Manager and review the
matter In July. Mr. Courtney stated that he was upset that Ms.
Macdonald did not support him In his ethics commission problem
and he was upset that she did not ask for the Club rent when it
was due, that the confidence of the Mayor and Vice Mayor is
necessary for government to work well and that he was concerned
with Ms. Macdonald's objectivity In dealing with PCM. He also
stated that he was not able to support the motion for immediate
termination; however, encouraged Ms. Macdonald to seek other
employment. Mr. Joe Serota, from the law firm of Weiss, Serota
and Heffernan, represented Ms. Macdonald. Mr. Serota reviewed
Ms. Macdonald's employment history with the Village and stated
that legislators cannot make decisions in private and carry out
the action In public because the action would be invalidated.
He stated that Ms. Macdonald deserves to be treated decently and
fairly by the Council. Mayor Johnson stated that there was no
threat to put Ms. Macdonald out on the street. Mr. Spahn asked
for public comments. Mayor Johnson stated that public comments
are not appropriate.
Mayor Johnson called for a recess at 8:54 p.m.
The meeting was reconvened at 9:20 p.m.
Mr. Serota stated that Ms. Macdonald appreciates the support of
the citizens and that she Is willing to resign under the
following circumstances:
1. Severance pay through June, 1993 If Ms. Macdonald
leaves immediately or she will stay until June 30th;
however, If she Is asked to leave before that time
then severance pay will be paid through June 30th.
2. 100 percent payout of all accrued leave benefits.
3. Actual attorneys fees related to Ms. Macdonald's
alleged ethics violation.
Mayor Johnson stated that the offer to resign immediately under
the stated terms would be agreeable to him. Mr. Cook withdrew
his motion. He stated that he is comfortable with Ms.
Macdonald's offer to resign immediately with severance pay and
to pay for her attorney fees for the ethics problem. Mr. Spahn
suggested that Ms. Macdonald stay until June 30th for a smooth
transition. Mr. Courtney stated that he agrees with Mr. Spahn.
Mr. Loffredo stated that his position is that Ms. Macdonald
remain. Mr. Spahn moved to accept Ms. Macdonald's resignation
effective June 30th and to approve payment of 100 percent of
accrued leave benefits and attorney's fees for the ethics
charge and, In the event that the Council should have a change
of heart and terminate her Immediately, that she still be paid
severance pay through June 30th. Mr. Courtney seconded the
motion and the vote was as follows:
Spahn - Yes
Courtney - Yes
Loffredo - Yes
Johnson - Yes
Cook - No
The motion carried.
ITEM *2 ADJOURNMENT
The meeting was adjourned at 9:45 p.m.
Scott W. Davis
Village Clerk
Steven J.
Mayor
son