COITHI IPASI  Bygffouth Gabadena  8  7047 SUNSET DRIVE SOUTH SOUTHPASADENA, FLORIDA33707 PH: (727)347-4171 FAX:(727)345-0518 WWW.MYSOUTHPASADENA.COM  PLACEINT corporated)  AGENDA  SPECIAL COMMISSION MEETING SOUTH PASADENA, FLORIDA  MONDAY, MARCH 16, 2015  COMMISSION CHAMBERS 9:00 A.M.  CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL  DISCUSSION ITEM  MOTION - TO REMOVE DAN CALABRIA AS MAYOR AND COMMISSIONER FOR REASONS OF MALFEASANCE, MISFEASANCE, NEGLECT OF DUTY AND INCOMPETENCE - CONTINUED FROM THE MONDAY, MARCH 9, 2015  SPECIAL COMMISSION MEETING.  ADJOURN  Ordinances may be inspected by the public in the office of the City Clerk at City Hall from 8:00 a.m. to 4:00 p.m. Monday through Friday with the exception of holidays. In accordance with Florida Statutes, you are hereby notified that if a person decides to appeal any decision made by the Board, Agency or Commission with respect to any matter considered at such meeting or hearing as noticed in this notice, he will need to insure that a verbatim record of the proceedings is made, which record includes testimony and evidence upon which the appeal is to be based. Any persons who may need such a record can arrange for a court reporter to attend the public hearing. In accordance with the Americans with Disabilities Act and F.S. 286.26, persons with disabilities needing special accommodation to participate in this proceeding should contact the Clerk's Office  at (727) 347-4171 at least 72 hours prior to the meeting.    City Charter  Page 1of10  HOME GOVERNMENT RESIDENTS BUSINESSES COMMUNITY HOWI DOP(FAQS) Search...  Font- Font+  DUTHPIE  The City of  Pouth gPabadena  PLACEN rporateil  Florida  "Ourl Place ini the Sun"  CITY CHARTER City Commission City Attorney Departments Public Notices/Agendas Meeting Minutes Contact Us  Home Government City Charter CITY CHARTER  1  ARTICLEI General Provisions 1.01. Creation and powers.  The City of South Pasadena, created by Chapter 31277, Laws of Florida, 1955, shall continue and is hereby vested with the governmental, corporate and propriety powers to enable it to conduct municipal government, perform municipal functions and render municipal services and may exercise any power for municipal purposes not expressly prohibited byt the Constitution, general or special law or County Charter. 1.02. Corporate limits. [Amended 6-13-1995 by Ord. No. 95-06, Ref. of3-5-1996] The corporate limits oft the City of South Pasadena, Florida, shall consist of alll land within the boundaries set forth by the legislature in Senate Bill 864, Laws of Florida, Acts of 1955, plus all lands annexed subsequent to June 28, 1955, as reflected in the complete legal description adopted April 27, 1993, and filed with the Department of State, May 4,  1993.  1.03. Power andj jurisdiction.  The power andj jurisdiction of the City shall extend over all lands and over all bodies of water and the air above, to the extent allowed by law within the corporate limits, and to all land without the limits of the City owned, leased or operated by the City. The power and jurisdiction oft the City includes alle extraterritorial powers andj jurisdiction previously granted by Chapter 31277, Laws of Florida, 1955, as amended, or any special or general law. The City shall continue to exercise the power of eminent domain within or without the limits of the City which authority was granted by Chapter 31277, Laws of Florida, 1.04. Legislative powers of City. [Amended 10-9-2007 by Ord. No. 2007-06, Ref. of The legislative powers of the City shall be vested in and exercised by the City Commission, consistent with the provisions of this Charter, the United States Constitution, Florida Constitution, laws of the State of Florida and laws and ordinances of the City, The City Commission may not expend or authorize the expenditure of public  1955.  1-29-2008]  itp/mysouthpasadena.com/govermmenlciy.charter/ndex.php  3/4/2015    City Charter  Page 2of10  funds for a political advertisement or electioneering communication concerning an issue, referendum, or amendment that is subject to a vote of the electors without first  holding ap public! hearing. ARTICLEII The City Commission 2.01. Membership.  The City Commission shall consist of five (5) members who shall be electedi fromt the City atl large as provided int this Charter, one (1) ofv whom: shall be elected asi Mayor. 2.02. Election and term. (Amended 6-13-1995 by Ord. No. 95-06, Ref. of3-5-1996] The election of City Commissioners, including the Mayor, shall be as provided by this Charter, general and special law and ordinances of the City. The terms of the City Commissioners, including the Mayor, shall be three (3) years. No Commissioner, or Mayor, shall serve more than three (3) consecutive full or partial elected terms in either office or in a combination of the two (2) offices. The calculation of consecutive terms 2.03. Vacancy. [Amended 12-16-1986 by Ord. No. 86-18, Ref. of 3-3-1987; 6-13-1995 by Ord. No. 95-06, Ref. of 3-5-1996; 6-26-2001 by Ord. No. 2001-03, Ref. of3-5-2002] (a) The office of Commissioner, including the Mayor, shall become vacant upon death, resignation, removal from office in any manner authorized by law or forfeiture of office. Forfeiture of office shall be declared bya a majority vote oft ther remaining members of the (b) A Commissioner, including the Mayor, shall forfeit the office if the person lacks, at any time during the term of office, any qualification for the office prescribed by this (c) The Commission shall have the power and authority to remove any member of the (1) For malfeasance, misfeasance, neglect of duty, habitual drunkenness, incompetence  shall commence on March! 5, 1985.  Commission. Charter or by law. Commission: or  permanent inability to perform the official duties; (2) Upon conviction for af felony;  (3) Upon conviction for ar misdemeanor related tot the duties of office; or (4) Upon conviction for the commission of any federal felony orr misdemeanor. (d) The Commission shall have the power and authority to suspend without pay any  member oft the Commission: (1) For any cause: sufficient for removal; (2) Upon arrestf for at felony; or misdemeanor.  (3) Upon arrestf for a misdemeanor related to the duties of office; or  (4) Upon indictment or beingi informed against for the commission of any federal felony (e) Any such suspension or removal shall only occur after reasonable notice to the Commission member being considered for suspension or removal, and such Commission member shall have been given an opportunity to be heard and present a  defense.  ttp:/mysouthpasadena.com/govermenlciy.charter/ndex.php  3/4/2015    City Charter  Page3of10  () Ifthe Commission member is acquitted or found not guilty or is otherwise cleared of the charges which were the basis of the arrest, Indictment ori information by reason of which the person was suspended under the provisions of this section, the Commission shall forthwith revoke the suspension and restore such Commission member to office, and the member shall be entitled to and be paid full back pay and other emoluments or allowances to which the person would have been entitled for the full period of time of the suspension. If during the person's suspension, the term of office of the suspended Commission member expires and a successor is either appointed or confirmed, such back pay, emoluments or allowances shall only be paid for the duration of the term of office during which the suspended Commission member was suspended under the (g) AS suspended Commission member may, at any time before removal, be reinstated (h) The suspension of a Commission member by the Commission of the City of South Pasadena creates a temporary vacancy in such office during the suspension. Any temporary' vacancy in office created by the suspension ofa Commission member under the provisions of this section shall be filled by a temporary appointment to such office for the period of the suspension, not to extend beyond the term of the suspended Commission member. Such temporary appointment shall be made in the same manner and by the same authority as provided by $2.03(k) or 2.03() oft this article, as applicable. () No Commission member who has been suspended from office under this section may perform any official act, duty ori function during thes suspension; receive any payor allowance during the suspension; or be entitled to any of the emoluments or privileges () An member of the Commission shall be removed from the Commission upon the unanimous affirmative vote of the members forming the quorum present and taking part in the determination. The Commission, by a unanimous vote of the members forming the quorum present and taking part in the determination, shall have authority to suspend a member. The accused member shall not be entitled to participate in the deliberations or decision in relation to the suspension or removal. A quorum must be present and voting for the Commission to act under this section. For the purpose ofthis section, a quorum: shall be constituted of four (4) voting members. (k) If three or more members of the Commission are removed by death, disability or forfeiture of office, the Governor shall appoint interim Commission members who shall call a special election, and such election shall be held to fill the unexpired terms of Commission members. If necessary, the newly constituted Commission will appoint a () A vacancy in the membership of the Commission, including the Mayor, except a vacancy caused by resignation after a recall petition has been filed, shall be filled within ten (10) calendar days after such vacancy occurs by a majority vote of the remaining Commission members by appointment of an eligible person. The City Commission shall determine the length of the appointed term and may set a special election to fill the unexpired term. In no event shall the City Commission appoint a member to serve more  provisions of this section, andt the person shall not be reinstated. by unanimous vote oft the Commission ini its discretion.  oft the office during thes suspension.  Mayor and/or Vice Mayor.  than 15 months.  2.04. Qualifications of members.  (a) Each candidate for nomination and election as a member of the City Commission, including the Mayor, shall have been a resident of the City for one (1): year immediately prior to qualifying and shall be a duly qualified elector of the City at the time of qualifying for such office andl be otherwise qualified as provided in this Charter and shall  htp./mysouthpasademacomgpvemmenely/.charer/indexphp  3/4/2015    City Charter  Page 4 of10  remain domiciled in the City for the term of the office for which the person was elected. (b) The Commission shall be the judge of the election and qualification of its own 2.05. Duties and responsibilities of the Mayor, [Amended 6-13-1995 by Ord. No. 95- 06, Ref. of3-5-1996; 6-26-2001 by Ord. No. 2001-03, Ref. of 3-5-2002] (a) The Mayor shall preside at meetings of the Commission and perform such other duties consistent with the office and this Charter as may be imposed by the (b) The Mayor shall be recognized as the official head of the City for all ceremonial purposes and byt the courts for the purpose ofs serving civil processes. (c) The Mayor shall represent the City in agreements with other governmental entities or certifications to its governmental entities and execute contracts, deeds and other documents. The Mayor shall be the Commissioner of Administration, and shall be responsible for all other duties not specifically assigned to one of the other (d) During the temporary absence or temporary disability of the Mayor, the duties shall be performed by the Vice Mayor. In the event of the death or removal or resignation of the Mayor, the Vice Mayor shall assume the duties of the Mayor until the vacancy 2.06. Vice Mayor. [Amended. 4-21-1987 by Ord. No. 87-08, Ref. of 3-1-1988; 1-19-1988 by Ord. No. 87-25; 10-17-1989 by Ord. No. 89-20, Ref. of 3-6-1990; 6-26-2001 by Ord. The Mayor, at a Special Commission Meeting following each annual regular election, shalla appoint al Vice Mayor who shall be confirmed byar majority vote oft the Commission. In the case ofal Vice Mayor being removed by death, disability or resignation, the Mayor, ata special Commission meeting, shall appoint a Vice Mayor who shall be confirmed by 2.07. Commission meetings. [Amended 6-13-1995 by Ord. No. 95-06, Ref. 3-5-1996] The Commission shall meet regularly atl least once every month ats such times and places as the Commission may prescribe by rule. Special meetings may be held at the call ofa majority of the members, and whenever practicable, upon thirty-six (36) hours' notice to each member and the public. Emergency matters may be acted upon without notice when authorized by a majority vote of the entire City Commission. Unless otherwise specified, all other action of the Commission shall be by affirmative vote of the majority of a quorum present. The Commission shall establish rules and order of business. A 2.08. Salaries of Commissioners and Mayor. [Added 7-16-1985 by Ord. No. 85-17, Ref. of 3-4-1986; amended 6-13-1995 by Ord. No. 95-06, Ref. 3-5-1996; 11-24-1998 by  (Amended 6-13-1995 by Ord. No. 95-06, Ref.of3-5-1996  members.  Commission.  Commissioners.  thereby created: shall bet filled as per $2.03 oft this Charter.  No. 2001-03, Ref. of3-5-2002)  majority vote oft the Commission.  majority oft the City Commission shall constitute a quorum.  Ord. No. 98-12; 11-28-2006 by Ord. No. 2006-08] Salaries oft the Mayora and Commission shall be as follows: Mayor: $672.81 per month. Commissioners: $511.34 per month.  itp./mysouthpasadena.com/govermmenlciy.charter/ndex.php  3/4/2015    City Charter  Page 5 of10  These salaries shall remain in effect until amended by ordinance. Ordinances proposing salary adjustments shall only be adopted during the month of November and must have an effective date of January 1 of the following year. Adoption of any such ordinance shall require approval by a super majority of the entire Commission (4 of 5). Any increase or decrease must be applied uniformly to the Mayor and Commissioners. Salaries shall be reviewed every six (6)) years bya  Charter Review Committee.  ARTICLEI III Election  3.01. Election date. [Amended 6-26-2001 by Ord. No. 2001-03, Ref. of 3-5-2002; 10-14- Elections for the purpose of electing members of the City Commission, including the Mayor, shall be held on the second Tuesday in March of each year to fill the expired and/or unexpired terms as established in Chapter 31277, Laws of Florida, 1955, and continued in this Chapter. In the event the Pinellas County Supervisor of Elections notifies the City that the Supervisor is unwilling to conduct ar municipal election on the second Tuesday of March, the City election shall be held in conjunction with the  2003 by Ord. No. 2003-09; 10-11-2011 by Ord.i No. 2011-11]  Presidential Primary. 3.02. Nonpartisan elections. any nominee on any nomination petition.  All nominations and elections for the office of City Commissioner, including the Mayor, shall be nonpartisan, without regard for, or designation of, political party affiliation of  3.03. Electors. an elector of the City.  Any person who isar resident of the City, who has qualified as an elector oft this state and who registers int ther manner prescribed by general law and ordinance of the City shall be 3.04. Election petitions. [Amended 12-19-1989 by Ord. No. 89-42, Ref. of 3-6-1989; 6-13-1995 by Ord. No. 95-06, Ref. of 3-5-1996; 10-14-2003 by Ord. No. 2003-09; 10-11- All candidates offering themselves to the electors for the election to the office of Commissioner or Mayor shall file with the City Clerk a petition signed by ten (10) qualified electors oft the City of South Pasadena which shalll be int thef following form: "We, the undersigned registered voters, dol hereby petition the City Commission of  2011 by Ord. No. 2011-11]  the City of South Pasadena, Florida, to place the name of  on the  ballot for the office of Pasadena on  at ane election to be held in the City of South  Attached to such petition shall be an announcement in the following form, signed by the person announcing his or her candidacy for the office of Commissioner: "I do hereby announce my candidacy for the office of South Pasadena and do hereby certify that! I am a qualified resident of the City of Said petition and announcement shall be filed with the City Clerk in accordance  of the City of  South Pasadena, Florida."  with thet timeframes established in the City Code.  htp./mysouthpasademacompvemmenlcly_charterindeyphp  3/4/2015    City Charter  Page 6 of10  3.05. Form of ballot. title pursuant tol law. ARTICLEIV Administration  The Commission, by ordinance, shall prescribe the form of the ballot, including the method for listing candidates, for City Commission elections and any other City election. A Charter amendment to be voted on by the City shall be presented for voting by ballot  [Amended 6-13-1995 by Ord. No. 95-06, Ref. of3-5-1996] 6-26-2001 by Ord. No. 2001-03, Ref. of3-5-2002]  4.01. City Commissioners. [Amended 9-24-1996 by Ord. No. 96-11, Ref. of 3-4-1997; At the first regular meeting of the City Commission in March of each year, the Commission shall designate, byr majority yvote, one Commissioner to be Commissioner of Public Safety, one Commissioner to be Commissioner of Public Works, one Commissioner to be Commissioner of Finance and one Commissioner to be Commissioner of Community mprovement. Department designations shall be effective for a period of at least one year. Ifa vacancy occurs on the Commission(s) during the year, the individual appointed to fill the vacancy shall assume the department duties of the Commission member he or she has replaced. If the entire Commission is replaced pursuant to! $2.03(k) oft this Charter, the replacement Commissioners shall each, at their first regular meeting, designate department assignments. The Mayor shall be Commissioner of Administration. These titles may be amended by ordinance. Commissioners shall be directors of ther respective City departments and shall supervise and direct that department through the head of the department. The Commissioner of each department shall have the right to appoint or dismiss the head of the department in accordance with adopted City employment policies, subject to the approval of a 4.02. Head of department. [Amended 6-26-2001 by Ord. No. 2001-03, Ref. of 3-5- The head of a department shall have the authority to appoint and/or dismiss any employee within that department in accordance with adopted City employment policies, subject to approval by the Commissioner of that department. Each department head, under the direction of the respective Commissioner of that department, shall supervise and direct the operations of, and be accountable for, that department. 4.03. City Attorney. [Amended 6-26-2001 by Ord. No. 2001-03, Ref. of3-5-2002) The Commission shall appoint a City Attorney who shall be responsible only to the Commission. The Commission shall have the power to employ special legal counsel whenever in their discretion it is necessary or may be deemed advisable for the preservation and protection of the City's interest. The City Attorney shall be an attorney- at-law in good standing and shall be thel legal advisor and counsel for the City and for all officers and departments thereof in matters relating to their official duties, giving advice int the form of written opinions. Copies of all written opinions shall be kept oni file in the City Clerk's office. The City Attorney shall institute and defend all suits for and on behalf of the City; prepare all contracts, bonds and other instruments in writing to which the City is a party; approve the form and correctness of all ordinances, resolutions, contracts, bonds and any other instruments or obligations of the City; and perform such  majority oft the entire Commission.  2002]  other duties as directed byt the Commission.  4.04. City Clerk.  itip./mysouthpasadena.com/govermenuciy.charter/ndex.php  3/4/2015    City Charter  Page 7of10  There shall be a City Clerk appointed by the City Commission, who shall be head of the Department of Administration under the direction of the Commissioner of Administration. The City Clerk shall perform all duties assigned by state law or  ordinance, resolution or direction oft the City Commission.  ARTICLEV Transition Schedule  5.01. Continuation oft former Charter provisions.  All provisions of the former Charter, as amended by special law or otherwise, which are not embraced herein and which are not inconsistent with this Charter which were not repealed or made ordinances by F.S. S 166.021, shall become ordinances of the City subject to modification or repeali int the same manner as other ordinances of the City. All ordinances in effect upon the adoption of this Charter, to the extent not inconsistent with it, shall remain int force until repealed or changed as provided herein. 5.03. Rights of officers and employees. [Amended 6-26-2001 by Ord. No. 2001-03, Nothing in this Charter, except as otherwise specifically provided, shall affect ori impair the rights or privileges of persons who are City officers or employees at the time of  5.02. Ordinances preserved.  Ref. of3-5-2002] adoption. 5.04. Effective date. manner prescribed byl law. ARTICLEVI Initiative and Referendum Ord. No. 95-06, Ref. of3-5-1996] 6.01. Initiative.  This Charter shall become effective when approved by the voters and filed in the  [Added 7-16-1985 by Ord. No. 85-14, Ref. of3-4-1986; amended 4-15-1986 by Ord. No. 86-05, Ref. of 3-3-1987; 1-20-1987 by Ord. No. 86-21, Ref. of 3-3-1987; 6-13-1995 by The qualified voters of the City shall have power to propose ordinances in the Commission and, if the Commission fails to adopt an ordinance so proposed without any change in substance, to adopt it or reject it at a City election, provided that such power shall be limited to legislative matters and shall note extend tot thel budget or capital program or any ordinance relating to appropriations of money, levy of taxes or salaries  of Citye employees. 6.02. Referendum.  The qualified voters of the City shall have power to require reconsideration by the Commission of any adopted ordinance dealing with a legislative matter and, if the Commission fails to repeal an ordinance SOI reconsidered, to approve or rejecti itata a City election, provided that such power shall not extend to the budget or capital program or any emergency ordinances relating to appropriation of money, levy of taxes or salaries  of Citye employees.  htp-/mysouthpasademaemacomppemmendlyty/.charterindexphp  3/4/2015    City Charter  Page 8 of10  6.03. commencement of proceedings; petitions; procedure for filing referendum petitions, no effect on ordinances while pending; action on petitions, results of election. [Amended 6-26-2001 by Ord. No. 2001-03, Ref. of3-5-2002) (a) Commencement of proceedings. Any five (5) qualified voters of the City may commence initiative and referendum proceedings by filing with the City Clerk an affidavit stating that they will constitute the petitioners committee and be responsible for supervising the circulation of the petition and filing it in proper form, stating their names and addresses and specifying the addresses at which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. Any person who circulates the petition on behalf of the committee shall be at least eighteen (18) years of age and capable of lawfully executing an affidavit. Promptly after the affidavit of the petitioners' committee isf filed, the City Clerk shall, ifr requested byt the committee, issue the appropriate petition (1) Number of signatures. Initiative and referendum petitions must be signed by qualified voters of the City equal to a number at least ten percent (10%) of the total number of qualified voters registered to vote at thel last general City election. (2) Form and content. All papers ofa petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the (3) Affidavit of circulator. Each paper of a petition shall have attached to it, when filed, an affidavit executed by the circulator thereof stating that the circulator personally circulated the paper, the number of signatures thereon, that all the signatures were affixed in the circulator's presence, that the circulator believes them to be the genuine signatures of the persons whose names they purport to be and that each signer had an opportunity, before signing, to read the full text of the ordinance proposed or sought to (1) Certificate of Clerk; amendment. Within thirty (30) days after the petition is filed the City Clerk shall complete a certificate as to its sufficiency, specifying, ifiti is insufficient, the particulars wherein itis defective, ands shall promptly send a copy oft the certificate to the petitioners' committee by certified mail. Grounds for insufficiency are only those specified in Section 6.03(b). A petition certified insufficient for lack of the required number of valid signatures may be amended once ift the petitioners' committee files a notice of intention to amend it with the City Clerk within two (2) days after receiving the copy of the certificate and files a supplementary petition upon additional papers within ten (10) days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of S 6.03(b)(2) and (3), and within thirty (30) days after it is filed the City Clerk shall complete a certificate as to the sufficiency of the petition, as amended, and promptly send a copy of such certificate to the petitioners' committee by certified mail as in the case of an original petition. If a petition or amended petition is certified sufficient, or ifa petition or amended petition is certified insufficient and the petitioners' committee does not elect to amend or request Commission review under Subsection (c)(2) of this section within the time required, the City Clerk shall promptly present the certificate to the Commission, and the certificate shall then be ai final determination as to the sufficiency of the petition. [Amended 10-9- (2) Commission review. Ifa petition has been certified insufficient and the petitioners' committee does not file notice of intention to amend it, or if an amended petition has been certified insufficient, the committee may, within two (2) days after receiving the copy of such certificate, file a request that it be reviewed by the Commission. The Commission shall review the certificate at its next meeting following the filing of such  blanks to thep petitioners' committee att the committee's expense.  (b) Petitions.  ordinance proposed or sought to be reconsidered.  ber reconsidered. (c)P Procedure forf filing.  20071 by Ord. No. 2007-06, Ref. of1-29-2008]  itp/mysouthpasademacompvemmenely/.charterindexphp  3/4/2015    City Charter  Page90 of10  request and approve or disapprove it, and the Commission's determination shall then (d) Referendum petitions; no effect on ordinance while pending. When a referendum petition is filed with the City Clerk, the ordinance sought to be reconsidered shall remain fully in effect, pending approval by Commission vote or by referendum in accordance with the other provisions herein. The ordinance to be reconsidered shall only cease to (2) After a vote of the electors of the City on the ordinance has been certified and the (1) Action by the Commission. When ani initiative or referendum petition has beeni finally determined sufficient, the Commission shall promptly consider the proposed initiative ordinance or reconsider the referred ordinance by voting its repeal. If the Commission fails to adopt a proposed initiative ordinance without any change in substance within ninety (90) days or fails to repeal the referred ordinance within ninety (90) days, its shall submit the proposed or referred ordinance to the voters oft the City. (2) Submission toy voters. The vote of the City ona proposed ori referred ordinance shall be held not less than thirty (30) days and not later than one hundred eighty (180) days from the date that the petition was determined sufficient. Ifno regular City election is to bel held within the period prescribed int this subsection, the Commission shall provide for as special election; otherwise, the vote shall be held at the same time as such regular election, except that the Commission may, ini its discretion, provide for as special election at an earlier date within the prescribed period. Copies of the proposed or referred ordinance shall be made available at the polls. [Amended 10-9-2007 by Ord. No. 2007- (3) Withdrawal of petitions. An initiative or referendum petition may be withdrawn at anyt time prior to the 15th day preceding the day scheduled for a vote of the City by filing with the City Clerk a request for withdrawal signed by at least four (4) members of the petitioner's committee. Upon the filing of such request, the petition shall have no further force or effect, and all proceedings thereons shall bet terminated. (1) Initiative. If a majority of the qualified electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects ini the same manner as ordinances of thes same kind adopted byt the Commission. If conflicting ordinances are approved at the same election, the one receiving the, greatest number of affirmative votes shall prevail to the extent of such conflict. An ordinance created by initiative referendum cannot be (2) Referendum. Ifa majority of the qualified electors voting on a referred ordinance vote against it, its shall be considered repealed upon certification of the election results. The City Commission shall not enact any ordinance which has the same substantive effect as an ordinance repealed by referendum, unless it is approved at a subsequent  be ai final determination as to thes sufficiency oft the petition,  be in effect when:  (1) The Commission repeals the ordinance; or referendum to reconsider the ordinance has passed.  (e) Action on petitions.  06, Ref. of1-29-2008]  (f) Results ofe election.  repealed except by referendum.  referendum. ARTICLEVII Charter Review  [Added 6-13-1995 by Ord. No. 95-06, Ref. of3-5-1996]  7.01. Time frame for review and Committee membership. [Amended 6-26-2001 by Ord. No.: 2001-03, Ref. of 3-5-2002; 10-9-2007 by Ord. No. 2007-06, Ref. of1-29-2008) During the month of March 2001, and every six (6) years thereafter, there shall be established a Charter Review Committee composed of nine (9) registered voters of the City who shall serve without compensation. The members shall be appointed byt the City  ittp:/mysouthpasadena.com/govermmen/ciy.charter/ndex.php  3/4/2015    City Charter  Page 10 of10  Commission. A maximum of one (1) current and one (1) past member of the City 7.02. Duties and responsibilities of the Committee. [Amended 6-26-2001 by Ord. The Charter Review Committee shall be responsible for reviewing the entire City Charter, including the compensation of the Mayor and Commissioners. The Committee may, solicit input from residents, business owners, staff and other cities in conducting its evaluation oft the Charter. The Committee shall make recommendations for any changes to the Charter which the Committee determines are proper and in the best interest of the City. The Committee shall adopt af final written report detailing its recommendations. 7.03. Committee rules of procedure. [Amended 10-9-2007 by Ord. No. 2007-06, Ref. The current member of the City Commission on the Committee shall schedule the first meeting, set the agenda and temporarily open and preside over the first meeting. At the first meeting, the Committee shall elect a permanent Chairperson and Vice Chairperson from its membership. The Committee shall establish its own meeting schedule. All meetings shall be posted and open to the public. Meetings shall be conducted using Robert's Rules of Order as a procedural, guide to at fair and orderly meeting. In order for the Committee to adopt a recommendation for modification oft the Charter, ar majority of the entire Committee must be physically present and vote in favor of the recommendation [five (5) affirmative votes regardless of number of members in 7.04. Obligations of the City Commission. [Amended 6-26-2001 by Ord. No. 2001-03, Ref. of3-5-2002; 10-9-2007 by Ord. No. 2007-06, Ref. of 1-29-2008] The City Commission shall be responsible for soliciting volunteers to serve on each Charter Review Committee. The Commission shall by resolution establish the duration of each Committee, set the date for each Committee's final report, furnish each Committee with staff assistance, including City Department Heads, a recording secretary and legal advisor. The City Commission shall place an ordinance incorporating the recommendations of the Committee on the first available agenda following submission oft the Committee's final report. Nothing in this section: shall obligate the Commission to adopt or submit for referendum any of the recommendations of the Charter Review  Commission may serve ont this Committee. No. 2001-03, Ref. of3-5-2002)  of1-29-2008]  attendance).  Committee. ARTICLEVIII Severability  [Added 6-13-1995 by Ord. No. 95-06, Ref.3-5-1996]  If an article, section, subsection, sentence, clause or provision of this Charter is held invalid or unconstitutional, such invalidity or unconstitutionality shall not be construed tor render invalid or unconstitutional the remaining provisions oft this Charter.  02014CiyofSouth Pasadena. FLI 7047 Sunset Drive South South Pasadena, FL3 33707 Phone: 727-347-4171 fax:727-345-0518 LOCAL WEATHER  Powered ByF Revizel Login  6> 80°FFair  itp:/mysouthpasadena.com/governmenlciy.chartetr/ndex.php  3/4/2015    W.I RUSSELL HAMILTON, II 8901 First Tee Road Port St. Lucie, FL 34986 305.206.2499  March 3, 2015  Mayor and Commissioners City of South Pasadena 901 Ponce de Leon Boulevard South Pasadena, FL33756  Re: Report on Investigation of Administration Department Employment Matters  Honorable Mayor and Commissioners: 2014. Administrative Workshop. Scope and Purpose of Investigation  This is to report on1 the independent investigation you appointed me to conduct at your October 7  As I understand it, I was to investigate, as I deemed appropriate and without restrictions or interference, concerns raised as to some of the conduct and actions of the Mayor, Daniel Calabria, vis-à-vis Administration Department employees, its impact on Administration Department morale and effectiveness, and potential legal exposure to the City.  Role and Independence of investigator  Inc conducting my investigation and in preparing my report, I have proceeded in accordance with my preconditions in agreeing to undertake this engagement = namely, as confirmed in my  retention letter to you:  Irequire that it be specifically recognized and agreed that by my retention: Iam totally independent of the City, the Mayor, the Commissioners, and the there will be no retaliation against anyone from whom I may seek assistance for cooperating with me, for not cooperating with me, or for any assistance or there will be severe consequences to anyone found to have retaliated  City Attorney;  information they may provide;  inconsistent with the foregoing condition;    Mayor and Commissioners March 3, 2015  in order to optimize cooperation ini my investigatory efforts, the assistance and information provided me (as well as my notes and any conclusions, observations, and/or advice I may be called upon to provide) will be kept strictly confidential and the City will use its best efforts reasonably available toitt to insure that confidentiality to the extent permitted by applicable law; my investigation, and any conclusions, observations, and/or advice I may be called upon to provide will not be, or attempted to be, influenced by any City representatives, the Mayor, the Commissioners, or the City Attorney; and, the City consents to me disclosing, as I deem appropriate, any perceived  attempt to influence my independence.  As to the latter two points, I am pleased to report that I did not perceive any attempts to: interfere with my investigation; influence employee's cooperation or candor in talking  with me; ori influence my observations and conclusions.  Investigation = In General  Ireceived a remarkable level of cooperation from all involved at the City. (This was even SO despite their clear understanding that they did not have to talk with me and there would be no adverse consequences to such a choice.) Unquestionably, some individuals I interviewed appeared to have had an agenda different from the objective search of the facts I was pursuing and I took this into account in assessing what I heard from them. And, a few were guarded in how they responded to my inquiries. But, no one refused to talk with me or fully answer all the questions I asked, and all provided valuable insights. Because of this and the immense volume ofi information I was able to acquire and assimilate, I am very confident of the accuracy of the  observations and conclusions detailed below.  Investigatory Activities  My investigation consisted of, among other things:  Review of City Charter;  Review of the City's website contents;  Review of the Employee Handbook (including the Equal Employment and Harassment  provisions);  Review of various memoranda; Review of numerous emails;  2    Mayor and Commissioners March 3, 2015  Review of all documents provided by various indvidualslinternicwed: One or more interviews of each Administration Department employee;  Interviews of other City staff; Interviews of each Department head; One or more interviews of each Commissioner;  Multiple interviews ofand telephone conversations with the Mayor;  Interviews oft the City Attorney;  Interviews of everyone anyone suggested Ii interview (except the former City Clerk, Mary Brastead, the former City Attorney, Linda Hallas, and a former Mayor, Kathleen Peters); Listened to or watched numerous hours of recordings of Commission meetings and Observed the Mayor's interaction with City staff, other Department heads, and fellow  Administrative Workshops (several more than once);  Commissioners.  Preface  Before addressing the specific concerns that have been raised, a couple preliminary observations may be helpful in putting the specific concerns brought toi my attention, and my observations and conclusions as to them in context. Therefore, those preliminary observations will be outlined first; followed by a delineation of specific concerns raised and my observations as to those  specific concerns; and, then, some conclusions will be presented after that.  Preliminary Observations  The following observations are provided ini no particular order of priority or significance. And,I well recognize you are already familiar with them. But, provide them anyway because of what Iview to be their significance and I believe they assist in informing one or another of the Iam sure each of these individuals may well have provided valuable background information. But, as I understood: my charter, I was looking at the current Administration Department and the current Mayor'sa actions vis- à-vis it during his mayoral tenure. So, in an attempt to control costs and better insure my objectivity as to my specific charter, In made aj judgment call to not interview them. If, however, any of you feel the observations made and conclusions reached in this report might be better informed by my interview(s) of one or more of those While the input provided by these hours of viewing/listening was valuable in several respects and very interesting, al lot ofit was not. Therefore, because Ia am not ablet to accurately quantify in terms oft time between the valuable andi invaluable, I will not bel billing for any ofthet time expendedi in surveying these recordings.  observations I made or conclusions I reached.  individuals, I willl bel happy to dos so andi issue ai revised report ifIdeem it necessary.  3    Mayor and Commissioners March 3, 2015  The City Governance  As you all know, the City has a fairly unique form of government which has each Commissioner and the Mayor functioning in both a legislative capacity and an administrative capacity. In the latter regard, each Commissioner oversees one of the City's departments, with the Mayor, by Charter, responsible for the Administration Department. This gives each Commissioner and the Mayor an extra roll which carries with it a greater responsibility to leaven their conduct and  actions recognizing that role makes them part ofmanagement.  City Staff  City staff, as a whole, is small, with the. Administration Department consisting of only the Clerk, Deputy Clerk and Administrative Secretary. As ai result, each staff member must perform a wide range of duties and there is little-to-no excess capacity to be able to handle additional demands on their time without shortchanging other responsibilities or creating additional, unbudgeted  expense to the City in the form of overtime.  City Staff Recourse  Given the City's form of governance and City policies as they currently exist, department heads (such as the Clerk) have no clearly evident source of appeal or reçourse in the event the department head's director is perceived to be acting inappropriately toward them, or seeking or making inappropriate demands. Asa a result, each Commissioner and the Mayor have to be held to an even more elevated standard of conduct toward their subordinates to guard against the risk of any such perceptions being generated without any readily apparent form of recourse. This is especially SO as to the City Clerk vis-à-vis the Mayor in that the usual human resources source for recourse is not even available because the Clerk is human resources and the Mayor is her  administrative "boss". The Mayor  The Mayor is a very bright, well-educated individual with abundant business and management experience. This experience apparently (based on information he provided me) includes the capacity to be a nurturing mentor to subordinates. He can also be very personable and affable, and aj pleasant conversationalist when he wants to be, and is quite articulate. Further, I believe he has the best interests of the City at heart, at least as he perceives those best interests to be. But, despite all these very commendable qualities, the Mayor also has a capacity to be snide, petty, condescending, sarcastic, belligerent and unnecessarily combative, and has what seems to be an almost manic need to pursue personal vendettas. This is all objectively evidenced by: (1) recorded public meeting comments; (2) the content and tone of his written communications (some of which he, himself, provided me) and which he conceded were written very much like the way he often talks in person and wants to communicate his feelings; and (3) the various  formal complaints he has pursued.  4    Mayor and Commissioners March 3, 2015  Finally, I am absolutely convinçed that the Mayor genuinely does not view anything he has done or said as in any way inappropriate or unprofessional. In addition, I am also convinced that he firmly believes that nothing he has done or said could be perceived by anyone else as being in any way inappropriate or unacceptable unless that person is totally ignorant or has a vendetta against him. Consequently, in his view, anyone perceiving his conduct and actions as being inappropriate or unacceptable is, ipso facto, necessarily either a fool or out to get him.  Twenty-First Century and Professional Workplace Perspective  We are now in a twenty-first century workplace environment and the City Administration Department is decidedly aj professional one. While this is certainly not unique to the City, it does help inform my observations as to the rather enigmatic manner in which the Mayor has dealt  with the City Clerk and my conclusions as to that treatment.  Concerns/Issues Raised  From my, interviews, I discerned the concerns and issues raised as to the Mayor's conduct and  treatment" to be (in no particular order ofimportance):  Lack of personal and professional respect for the person and position; Manner of communication - condescending, rude, belligerent, and accusatory; Communication delivery - often yelling, threatening, and strident in his oral communications (prior to the Commission decision to restrict his substantive oral communications with Administration staff), and his written communications (exclusive of"yelling", unless one considers capitalized, bolded, underlined written communications  tol be a form of written yelling");  Concerns for physical safety given the Mayor'sb belligerent tone;  Periodic mild profanity;  Need to provide the same document or information multiple times due to repeated  requests by the Mayor for the same thing;  Al large number of other concerns were: raised by al broad array ofindividuals Ii interviewed and from observation ofm meeting DVDs. Because these concerns were outside the scope of my investigation charter, I am not addressing them int this report. But, Idid: address some ofthem ini the presentation to the Commission you werel kind enough to allow me to make at your November 18, 2014 Workshop. Having reviewed subsequent email exchanges and Commission meeting/Workshop DVDs it is clear that the message I was trying to deliver was either not very well articulated by me or not well received especially by the Mayor (despite his imploration in the invocation he delivered. at your January 6,2 2015. Agenda meeting). Thati is genuinely very unfortunate in terms ofsmooth, efficient  governance of the City - not to mention everyone's! blood pressure.  5    Mayor and Commissioners March 3,2 2015  Numerous, often burdensome requests that objectively appear to be unrelated or only arguably related to regular City business; and, then demanding that his requests be given priority over other Administration Department responsibilities, sometimes impeding accomplishment ofthose other responsibilities due to the attendant delay generated by the Refusal to acknowledge answers he does not like, and insistence that, thus, his related Being put in the awkward position of being told to do things by the Mayor inconsistent  Mayor's demanded priority treatment ofhis requests; inquiry/request has not been responded to;  with the direction given by the Commission as a whole; Insecurity, angst and anxiety generated by all the above.  Observations on Specific Concerns  Introduction  Itis readily conceded that not all of the numerous individual examples brought to my attention are being addressed in this report. This is not because I necessarily determined them to be unfounded, insignificant or irrelevant. Iti is merely because I did not feel that addressing all of them provided any added value for you. So, Iv will focus on a couple examples which It think most clearly demonstrate what I found overall. That said, I am more than willing to address You will also note that even as to the examples provided, the treatment is not exhaustive. This was not unintentional. Rather, the relative level of treatment is generally tied to what I deemed necessary to illuminate a conclusion outlined below. But, again, if more detailed treatment of  further any particulari incident/concern you would like further explored.  any particular example is desired, I will be happy to provide it.  Credibility  Almost universally, the Mayor categorically and adamantly denied the conduct/actions attributed to him. Consequently, to reach any conclusions from my investigation, Ihad to make credibility By and large, If find the recitation oft the events, conduct and actions as related to me by various people to bei more credible than the Mayor's denials and his recollection of the events, and his  resolutions. And, Ihave done SO.  perceptions ofhis conduct and actions.*  Because ofhis fervent, almost religious beliefin his position, and his impressive command of the spoken English language, the Mayor can be very persuasive. But, when everything is viewed objectively, I cannot credit his denials/recollctions: even though, as noted above, Iam firmly convinced he blindly believes in his righteousness in  all respects addressed in this report.  6    Mayor and Commissioners March 3, 2015  Mayor's Treatment of Administration Department Staff- In General  The conçerns noted above are almost exclusively (but not entirely) related to the City Clerk, The Deputy City Clerk, Brianna Whetherwax, has not directly personally experienced any of these issues other than on one occasion at a Commission meeting involving a City vendor which played out in front ofa all of you and I need not recount. But, she has been privyt to any number of occasions where the Mayor's conduct or actions bore witness to the validity of the conçerns raised. And, this has created a genuine level of anxiety, insecurity and unnecessary stress with her that is unhealthy from an employee morale perspective. She also corroborates, and has had to The Administration Department's Administrative Secretary, Virginia Alvarado, has not had directed at her any of the actions or conduct noted above. But, she has witnessed and corroborates the legitimacy of various of the concerns outlined above; she has had to deal with some of the issues generating those concerns; and she has been called upon to be the instrument  Carley Lewis.  deal with some ofthese issues.  offulfilling the Mayor's often redundant and, thus, burdensome requests.  Mayor's' Treatment ofthe City Clerk  To illustrate my conclusions as outlined below as to the Mayor's treatment of the Clerk, Iwill focus on one event which I believe epitomizes much of that treatment. And, though I focus on only this single exchange, I believe it is exemplary of other interactions between the Mayor and  the Clerk. Indicative Example  On August 28, 2014, the Mayor called the Clerk to discuss the Clerk's August 27, 2014 written response to a public records request for a copy ofa canceled check Commissioner Arthur Penny As recited by the Clerk, the Mayor incessantly and unrelentingly repeated his insistence that:  had issued out ofl his campaign account.  She was wrong inl her response;  She was illegally refusing to respond tol his public records request;  She was not doing her job;  The Clerk's response to the Mayor had indicated that the cancelled check was not aj public record mandating disclosure by Commissioner Penny. And, parenthetically, iti is noted that Commissioner Penny was not required to provide a copy of the cancelled check to the City and the City did not have a copy ofit or the means to compel  Commissioner Penny toj provide ac copy.  7    Mayor and Commissioners March 3, 2015  She wasi refusing to comply with the law;  She and her response were being manipulated by the City Attorney who, he insisted, was behind her response all in the face ofher repeated assurances that the a City Attorney was  noti involved;  She obtain a copy of the check for him from Commissioner Penny.  Also as recited by the Clerk: the Mayor's tone was belligerent; he was yelling at her and used mild profanity; he also made thinly veiled, indeterminate threats against her and the City Attorney; and, because of this and the clear anger in the Mayor'stone, she became concerned for The Mayor does remember this conversation. But, he does not remember any particulars about the conversation other than he was following up on his request for a copy of the check and expressing his conviction that the Clerk was wrong in not obtaining and providing him the requested cancelled check. However, he adamantly denies particulars of the conversation as recited by the Clerk, denies that he said anything wrong or acted in any way improperly or was anything other than cordial and polite during it. On the other hand, he volunteered that he remembered being very frustrated with the Clerk as to the answer she gave him, her refusal to admit her answer was wrong, her inability to comprehend the fallacy of her position and that, For the following reasons, I credit the Clerk's recitation of the exchange over the Mayor's denials. And, indeed, I find the Clerk's handling of the situation demonstrated commendable  her physical safety.  thus, she was being unresponsive tol his public records request.  poise and equanimity.  Initially, the Clerk was able to recount the conversation in great detail consistent with what she had relayed at the time to the City Attorney immediately following the conversation. This is in contrast to the Mayor's lack of specific recollection as to what Further, given his admitted frustration with the Clerk, her recitation of the content of the conversation and her recollection of the Mayor's tone and manner is consistent with the tone, manner and content of oral (both recorded and anecdotal) and written communications by the Mayor when he is similarly frustrated withl her and others. Ina addition, both the repetitive, wrong-headed insistence on the Clerk's unresponsiveness and his tone in the conversation (though perhaps not the full intensity ofit) as related by the Clerk is consistent with another conversation reported to me independently by someone else who witnessed this other exchange. And, significantly, that person was, otherwise, very favorably disposed to the Mayor and rather ill-disposed to the Clerk.  they said to each other.  8    Mayor and Commissioners March 3, 2015  Finally, I note the Clerk's general ability to accurately recall details of events (for example, discussions at Commission and Workshop meetings) Icould objectively verify versus the Mayor's vague and indistinct or inaccurate recollection of those same or  similar events.  In sum, If find credible the account ofthis conversation, as well as other conversations", as recited  to me by the Clerk.  Commission 's Reaction/Response  To its credit, the Commission as a whole took the situation very seriously when it was brought to its attention. After reviewing the interaction as related by the Clerk through the City Attorney, and hearing the Mayor's response and his adamant denials, the Commission promptly resolved to, at least temporarily: prohibit one-on-one substantive oral communications between the Mayor and the Clerk and her staff; and require that all substantive communications between the Mayor and Administration staff be either in writing (e.g., email) or in the presence of another As I understand it from reviewing the pertinent Workshop DVD and interviews with Commissioners, the Commission did this with a design to: attempt to ameliorate the detrimental and unnecessarily stressful morale impact apparently being caused by the Mayor's behavior; eliminate the credibility issues engendered by unwitnessed oral communications; and try to protect against the City's risk of potential legal liability exposure generated by the apparent abusive treatment by the Mayor (especially given his unique position as director of Administration and, thus, part ofd direct management of Administration Department staff)s. Based on the considerations delineated below I conclude the Commission's responsive action (and applaud the Mayor's acceptance and endorsement of this action) was imminently appropriate and, given the apparent strictures imposed by the Charter's direction that the Mayor be director of Administration, did about all it could do, without the Mayor's cooperation and  department head.?  consent, short oft the Mayor'sr removal from office.  Considerations:  Though, as noted earlier, I focus on this one exchange, it is just emblematic of other interactions between the 7 Itis noted that, on at least two occasions in public comments and at least once in an email, the Mayor has expressed his satisfaction or concurrence with this arrangement and even once expressed his preference for it in 8 In this latter regard, this desire to eliminate potential legal liability risk is entirely consistent with the Mayor's expression of his general philosophy in another context to the effect that: "I want to protect the entity I serve and  Mayor and the Clerklexamined.  order "to avoid this kind ofhistrionics."  that means tol have. : full liability covered from every which angle. Nothing less will do."  9    Mayor and Commissioners March 3, 2015  My conclusion as to the credibility of the Clerk's detailed recitation of the event versus The Mayor's unrepentant contemporancous denials to his fellow Commissioners of his conduct as related by the Clerk and subsequent equally intransigent denials to me: fueled by what I believe to be his genuine (even if misplaced) perceptions that his conduct was The conclusion, based on the last consideration, that the Mayor is incapable of self- The potential significant legal liability exposure to the City of the Mayor's apparent conduct of which the Commission was now on notice and any failure by it to, at least, try  the Mayor's vague recollection;  totally acceptable;  regulating his own behavior;  tot take appropriate remedial measuresl.  Besides, in my view and based on my experience, it was the right thing to do despite the recognized creation of an unavoidable minor impediment to the smooth and most efficient  functioning ofthe Administration Department. Mayor's Document, Information and Support Requests  The Mayor, as a citizen, certainly has every right to make legitimate requests for information and documents from the Clerk. But, the Mayor, as director of Administration, should likewise be particularly mindful of and sensitive to the small size of that department, and the department's other varied and important responsibilities; and, thus, he should be especially sensitive to the Further, given his position of authority as a Mayor and director of Administration he should be very careful to guard against the perception that he is using his position and the right it provides", to seek or insist on receipt of momatogumeteupen to which he is not In addition, in his legislative role as a commissioner, the Mayor certainly has every right to request support from all the constituent departments (including the Administration Department) as to matters coming before (or likely to come before) the Commission for action. But, as director of the Administration Department, he has ai responsibility, more than any citizen or other Commissioner, to recognize the limited resources of that department to meet all the demands 9 Which has been evidenced by subsequent email communications of similar content and tone, but which, at least, does not carry with them the possibility ofimminent physical enforcement ofhis frustration and anger. 10 See also note 8a above as tot the Mayor's expressed philosophy as toj potential legal liability exposure to the City. 11 Under the Charter, as director of Administration the Mayor has the "right to : dismiss the head of the  burdens and potential unintended consequences his requests generate.  entitled or for priority handling because of that position ofauthority.  department" subject to approval oft the Commission.  10    Mayor and Commissioners March 3, 2015  placed on it and the costs to the City of extraordinary demands, and carefully evaluate the importance to the City of the motive. for his support requests and temper them accordingly.  Despite these seemingly axiomatic givens, If find the Mayor has:  Made numerous requests for records (exceeding the number of formal records requests from all other South Pasadena residents and other sources combined) many (if not most) ofv which, when viewed objectively, had no or only arguable import to the. City and the Assigned burdensome, time-consuming projects to the Administration Department staff of little significance or import to City business, but more for his convenience or, Repeatedly made requests for documents and information hel had already been provided; Often wrongfully accused the City Clerk and her staff of ignoring his requests and inquiries because either he had forgotten or misplaced the responses he had already been Demanded that his requests be given priority, and, when those requests were not fulfilled as rapidly as he would have liked, made follow-up demands accusing the Clerk of  City's regular business;  apparently, to pursue his own personal agenda;  provided, or he simply did not like the response or disagreed with it'?,  ignoring him.  Conclusions  In sum, as the above demonstrates, the City has a significant problem because of the concerns related to me are legitimate (with one possible exception'). And, to one degree or another, those In a word, the Mayor's treatment of the City Clerk has been inexcusable, unprofessional, demeaning, and possibly discriminatory. And, yes, I well recognize that was more than "d" word. But, no one word (other than, perhaps, deplorable) could possibly encapsulate what IH have  concerns should also be of serious concern to City.  concluded.  12As one Commissioner once pointed out in connection with another matter on which the Commission as a whole unanimously disagreed with the Mayor, "there is a difference between 'ignoring' something and 'disagreeing' with 13 Ido believe the Clerk's subjective concerns for her physical safety were genuine and palatable. But, I found no objective evidence to support a conclusion that the Mayor posed ani imminent threat of physical injury to the Clerk.I am, however, further of the opinion that the Commission's decision to take steps to minimize any such risk was entirely appropriate especially given the consequences and significant liability to the City attendant to me being  something."  wrong in my conclusion in this regard.  11    Mayor and Commissioners March 3, 2015  Further, given the Mayor's extensive high level financial services business management experience, his conduct is both that much more mystifying and concerning, and that much more unforgivable. The Mayor's conduct and actions simply have no place in a twenty-first century professional work environment especially from someone as well-educated and supposedly indoctrinated into the mores of the modern workplace as the Mayor and in the Mayor's position And, there is absolutely no evidence that he has even attempted to be a nurturing mentor to the City Clerk over whom, as Mayor, he has managerial responsibility under the City Charter. Indeed, all the evidence (both objective and anecdotal) points to the contrary beginning with his symbolic apparent refusal to sign the resolution appointing her as City Clerk" Further, even more disturbing, the tone and manner of his communications with the Clerk demonstrates he has made absolutely no effort whatsoever to develop an even minimally constructive working relationship with the Clerk despite his management position (and the responsibilities that entails) The Mayor expressed his respect for the Clerk and her capabilities. But, he has exhibited a very contra-intuitive, to say the least, way of showing that "respect." Consequently, his actions lead me to conclude that his expressions of respect were disingenuous and he actually has nothing but enmity toward her and, some might conclude, he actually has a deep-seeded, almost paranoiac, In addition, the Mayor's demands on the Administration Department staff have, among other  as director of Administration. And, it should not be tolerated.  relative to the Clerk.  distrust oft the Clerk's.  things:  caused other Administration Department projects and responsibilities tol be delayed; detrimentally impacted morale and created unnecessary angst and stress among caused redundant work which, thus, unnecessarily increased workloads with no attendant  Administration staff; benefit to the City;  14 This failure with reference tol his treatment of the Clerk is particularly instructive given (or perhaps because of) his thinking that she didi not have enough "experience" (which some might perceive as acode word for "too young") for the position and questioning whether she could do the job because she had just had a baby and would, thus, presumptively not have the requisite dedication (which others might perceive as suggesting she was "too female"). These perceptions gain support in his characterization of the Clerk to me as: "nice young woman"; "very young - younger than her years"; "immature". Given these perceptions and his managerial role vis-à-vis the Clerk, one would have thought he would have redoubled his efforts to be a nurturing mentor. But, all evidence is to the 15 Inj passing, Inotet that this apparent distrust seems to spill over to the City Attorney. But, here, there is al little of the "chicken and egg" conundrum in that the Mayor occasionally appears to feel everything is a conspiracy orchestrated by the City Attorney and/or a couple Commissioners for which I found no basis whatsoever.  contrary.  12    Mayor and Commissioners March 3,2015  created at least the perception of insistence on preferential treatment because of his generated costs to the City in the form of attorney's fees attendant to the Clerk necessarily and wisely having to obtain legal confirmation of the position she had taken int the face of the Mayor's adamant and insistent challenge oft that position. There has been an additional unfortunate byproduct ofthe Mayor's actions and behavior toward the Clerk about which you should be concerned. In reaction to the actions and behavior of the Mayor toward her (which, by all accounts and evidence, began with her elevation to the Clerk's position), in my view, the Clerk has become increasingly more defensive inl her interactions with the Mayor, progressively more suspicious ofa a Mayor's intentions and motivations, and, perhaps, overly sensitive to the Mayor's actions, and tone and manner of his communications with her. While this is totally understandable's, it contributes to an extremely dysfunctional situation for the City. To operate most efficiently and effectively, there needs to be a collaborative, mutually- respectful working relationship between the Mayor, as director of Administration, and the Clerk, as head of Administration. Yet, what you have on your hands is a situation which is totally inimical to even a minimally collaborative, respectful working environment in this very important facet oft the City's operation. This is because of what I perceive to be a combination of the Mayor's deep-seeded and almost paranoiac distrust of the Clerk, and what I perceive to be the Clerk's defensiveness towards the Mayor, distrust of the Mayor's motivations, and heightened sensitivity, along with the anxiety, frustration and stress this has generated in the other Administration staff. This, of course, is all in addition to the potential legal liability exposure, additional unjustified burden, and historic and ongoing potential expense to the City Ins sum, Iwould very much like to give the Mayor credit as being well-meaning in his pursuit of what he perceives to be in the best interests of the City. But, ift that is the case, his efforts in this pursuit with respect to the Administration Department have been clearly misguided with at least three important consequences. First, what hei is doing is exposing the City to potential liability in his treatment oft the Clerk. Second, they are creating an unjustified burden. on the. Administration Department and generating unnecessary expense to the City. And, finally, they are introducing an unnecessary dysfunctional component to the most efficient and effective operation oft the City.  position; and,  noted above.  Retaliation Concern  Ihave a very real concern of retaliation by the Mayor in response to this report given the Mayor'sevidenced vindictiveness toward his foes, perceived foes and those supporting them.  16 And, indeed, I applaud the Clerk for her commendable tolerance and commitment in attempting to remain professional in dealing with the Mayor. But, I believe she has allowed the burden of these efforts to cause her to  sometimes instinctively react tol himi more negatively than the circumstances seem tos suggest.  13    Mayor and Commissioners March 3, 2015  The retaliation could take any number of forms and I will not attempt to delineate all oft them. 17 I will note, however, that I would consider attempts to interrogate City department heads and City staff about the concerns highlighted in this report to be retaliation. This is based on: (1) the assurances of confidentiality you allowed me toj provide to those non-elected individuals; and (2) that such interrogations by one of you would almost certainly be viewed by them as retaliation or a potential precursor to retaliation against them depending on their answers to the questions In this regard, I think it is imperative that I reiterate and emphasize two of the conditions you approved prerequisite to my agreement to undertake this assignment. Namely: (1) "there will be no retaliation against anyone from whom I may seek assistance for cooperating with me, for not cooperating with me, or for any assistance or information they may provide"; and (2) "there will be severe consequences to anyone found to have retaliated inconsistent with the forgoing  askedls.  condition."  ThereforeIr request, and strongly recommend that:  each of you reaffirm your position that any retaliation will be severely dealt with;  each of you understood and accept that; and  ini fact, the promised severe. action will be taken should any retaliation occur. 19  Please do not hesitate to contact me should you have any questions or would like to further my  observations or conclusions.  17 Ih have a confession to make. Without request or solicitation from anyone, I originally delayed providing this report in order to give thel Mayor ample time to complete his long-overdue evaluation ofthe Clerk. Idid this in due deference to thel Mayor so that, if that evaluation was negative, no one could claim the negativity was in retaliation  for my report.  18 Which would, in turn, certainly make any answers suspect and, thus, oft no credible value.  19 Inj passing, I well recognize that I have no practical means to enforce your original agreement or to challenge your refusal to make such contemporaneous reaffirmation, or to challenge your breach of either. But, in my view, that would be evidence contributing to the palatable anxiety and insecurity already existing among the Administration Department staff because, unless one ofy you wanted to reserve the right to retaliate, why else would  you refuse?  14    Mayor and Commissioners March 3, 2015 Very truly yours,  MA W. Russell Hamilton, II Cc: Ms. Carley Lewis David Ottinger, Esquire  15    REASONS FOR SUSPENSION OR REMOVAL OF OFFICE MAYOR CALABRIA - CITY OF SOUTH PASADENA, FL  (All of the actions listed in this document are on record spoken openly at  city meetings and are officially on the record.)  At the September 2, 2014 meeting, the Commission voted and put the mayor on notice of investigation and the possibility of suspension or removal from office, in accordance with the terms of the City Charter, Section 2.03 Vacancy. These are  some of the behaviors by the mayor causing this action:  Harassment, retaliation & general creation of al hostile work environment Cost to the City of an outside professional to investigate & report on the harassment of city staff. Hourly rate of $225; hired by consensus of the  fors staff employees of the city.  Commission on October 7,2 2014.  Ther mayor did not follow the procedure imposed on all city commissioners to provide an annual performance review to the city clerk. The due date for this review was October: 31,2014. She has not yet received this  review for which she is entitled.  Cost to the city of additional legal fees based on the mayor's requests for documented information and multiple public records requests. The city attorey provides detailed invoices each month specifying any activities that are not part of the retainer and who requested them.  Ther mayor refused to abide by an official commission vote naming vice mayor Penny as the voting delegate representing the city at the annual Florida League Conference. He submitted his own name & application as the voting delegate and was turned away by the Florida League citing vice After the Commission voted that no letter of termination was to be submitted to our then current IT consulting company. until we had a replacement, the mayor took it upon himself to generate that letter  mayor Penny's official acceptance.  terminating their contract with the city.  Delivered March 3, 2015  Page 1    REASONS FOR SUSPENSION OR REMOVAL OF OFFICE MAYOR CALABRIA - CITY OF SOUTH PASADENA, FL Additional hours of work have been imposed on the administrative staff by the mayor due to multiple public records requests and verbatim meeting  minutes  Onr numerous occasions the mayor refused to perform his duties as mayor of South Pasadena as described in the City Charter, Section 2.05 (a) & (c) which is "Neglect of Duty', which is failure to act with the prudence that a reasonable person would exercise under the same circumstances by refusing to sign minutes and contracts because he disagreed with the  vote of the Commission.  Pending state attorney's actions in the Ethics Commission issue regarding the signage at Valenty's Liquor Store on Pasadena Avenue Belief by the mayor that city resolutions are not valid and they don't have to be adhered to even though presented, documented and voted on by the Commission. The mayor's refusal to abide by resolutions he does not agree with. For example, stating that he will continue to write letters without Commission approval because he is the mayor.  Onn numerous occasions the mayor has deliberately gone againstrefused toa abide by amajority vote or consensus of the commission, which is the local legislative body. This is in direct violation of the City Charter, Section Admittedly not being a member of the 5 person Commission team - and having a 1/5th vote. Believing that he has additional privileges as mayor in our weak mayor, 5 person Commission form of government. Missing a number of city meetings due to illl health or other reasons - to date he has missed 24 of98 meetings or 25% of the total number of  2.05 (a).  meetings.  Disrespectful treatment of our city attorney continual in all correspondence with the city attorney, mostly copied to every  commissioner and staff director.  Delivered March 3, 2015  Page 2    REASONS FOR SUSPENSION OR REMOVAL OF OFFICE MAYOR CALABRIA- CITY OF SOUTH PASADENA, FL Former City Clerk with 24 years of service retired early due to her  mistreatment by the mayor.  Shouting out at the city clerk at the end of our Administrative Workshop on January 6, 2015 that she better get a tape recorder because he will speak The mayor believes the Administrative Department runs the city, not the Commission. Reference the January 6, 2015n meeting video at 1:26 Allo commissioners, including the mayor support the residents and business partners in our city. The mayor stated and believes that commissioners can only meet with residents or business partners on issues related to their departments. This is not documented anywhere in the City Charter or City Codes and is not a true statement. He most recently stated this again at the meeting of January 20, 2015  to her lanytime he darn well pleased."  minutes in.  Memory issues, for example:  forgetting that he approved the resolution on Commission members writing letters to the public. Reference the January 6, 2015 meeting forgetting that he approved the letter written by Commissioner Neidinger to the Lutheran Residences (done at the prior meeting) Reference the January 6, 2015 meeting video at 1:49 minutes in. *making numerous requests for the same document(s) and tape recording(s) that he previously asked for and received. Details can be  video at 1:20 minutes in.  provided to support this.  *after a directive from the Commission that he meet with Administrative staff personnel with a witness present, he didn't remember when that was made nor why other directors or commissioners did not have the same requirement - and he agreed to  this at the meeting on September 2, 2014.  Delivered March 3, 2015  Page 3