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03-26-1970 VC SP-MMINUTES OF SPECIAL MEETING OF THE VILLAGE COUNCIL OF' NORTH PALM BEACH, FLORIDA HELD TUESDAY, MAY 26, 1970 Present: ~I Absent: Also Present: VILLAGE COUNCIL Thomas F. Lewis, Mayor Ronald B. Cadby, Councilman H. Mallory Privett, Jr., Councilman Herbert A. Watt, Councilman Thomas R. Bell, Vice-Mayor NORTH PALM BEACH COUNTRY CLUB BOARD OF GOVERNORS Robert W. Martin, Chairman Alden F. Smith Harry E. Lange Richard M. Taylor James E. Taylor George W. Baldwin Dolores R. Walker, Village Clerk Mayor Lewis called the Special Meeting to order at 7:15 p.m. and asked the Clerk to call the roll, all members being present except Vice-Mayor Be11. The reason this Special Meeting of the Council was called was because of the length of time until the next Regular Muting of the Council, and because there is no Manager at the Country Club at this time. The purpose of this Special Meeting is a hearing called by the Mayor at the request of the Chairman of the North Palm Beach Country Club Board of Governors. This hearing is to allow Mr. Dennis Setterfield, Country Club Manager, to make any statements on his behalf to the Board and the Council in reference to the Mayors actions on Thursday, May 21, 1970. Mayor Lewis stated: As outlined in Article IV, Section 8 of the Village Charter, I believe I submitted the necessary informa- tion to the Council for my act of suspending the Country Club Manager. He further stated he would like to strongly point out for the information and edification of the press that only because of derogatory remarks was Mr. Setterfield suspended -- no other reason. The.Mayor- stated that as outlined in the Village Charter and Village Personnel Manual, anyone suspended by the Mayor has a right of appearing before the Council and, there- fore, this hearing is being held for that particular purpose. ' Mayor Lewis addressed Mr. Setterfield and said: "Mr. Setterfield, I suspended you from your responsibilities as authorized by Charter power because I felt .your par- ticular actions on Thursday, May 21, were unbecoming a Manager. The comments made by you were provided to he Board of Governors and I believe are self-explanatory. If you have any statements to make in your behalf at this time, you may do so." ROLL CALL REASON FOR SPECIAL MEETING PURPOSE OF SPECIAL MEETING Minutes of Special Meeting Held Tuesday, May 26, 1970 Page 2 Mr. Setterfield-addressed the Council as follows:- "I wasn't aware that we were going to have company this evening. I do not have to be here this evening. I know I have been ' fired in the press, judged by the membership and discussed by the employees. I have nothing to gain and nothing to lose. ' First of all, I would like a clarification from the Mayor on if I am to state if I made the. derogatory remarks concerning the Village Manager_or why these remarks were made.TM Mayor Lewis gave Mr. Setterfield the statements to read. He then asked: "Did you make these statements?" Mr. Setterfield then replied: TMI made derogatory statements. I donut know if these are the right words. I did make derog- atory statements concerning the Village Manager, yes. I would like to bring to light some other things while we are discussing this. I donut enjoy seeing any'man in the press as I read yesterday. When I was informed by Mr. Martin last Friday morning of my suspension, I discussed with him the thoughts that I had and the discussion we had some three weeks prior to-this time in regard to my resignation. After being totally frustrated in my efforts to carry out the day by day operation of the Country Club due to situations and pitfalls placed in our paths - after the total lack of communication between the Village and the Country Club, I expressed my desire to Mr. Martin to resign July 1, effective September 1, giving sixty days for a transition period. This was our discussion some three weeks prior to events of last week. I then dis- cussed the possibility of resigning immediately. We discussed what would be a reasonable time. I said thirty days would be adequate -- the resignation becoming effective July 1. I received a phone call from the press asking my side of the story. I then called Mr. Martin, having no comment, to find out what the article stated. I was shocked at the articles, and I stated that I would not appear before the Council -- I had been convicted' You gentlemen are here this evening to take action against me -- to suspend me because I violated the Village Personnel Manual. I have been associated with the Country Club some six- teen months -- most of it has been enjoyable. Some twelve months ago, our problems started. The Village Manager since that period of time has attempted to undermine my authority, to disrupt the organization, to demean and malign me in public, and at no time did the management confront Mr. Robbins, make statements to him, or attempt to defend it. For instance, ---- and specifically, the former Greens Superintendent was approached by the Village Manager, and the Village Manager made the state- ments to Mr. Ferguson-that a lot of changes were needed, and when he would take over, there would be changes. I felt that the Greens Corrunittee and the Board of Governors treated Mr. Ferguson unjustly. Mr. Ferguson was working extremely long _ hours. Mrs. L. Hubbard, former employee of the Pro Shop, was 1 approached by the Village Manager to the effect that when he took over, certain things would be changed. The former chef, Mr. Cook, was approached by the Village Manager. Mr. Mayor, _ I feel that you have approached these three. people regarding this, but it did not stop there. Our new Greens Superintendent has been approached, our Golf Pro has been approached -- "W_e _ must do something about this - we really should do something about that." Minutes of Special Meeting _,_ Held Tuesday, May 26, 1970 Page 3 - When Mr. Cadby proposed to the Council an ordinance or manage-__ ment change request, Mr. Robbins made a phone call to Mr. Bill Greeley of the Men's Golf Association of the Club, apparently soliciting their help. At one of their meetings, a show of hands was had by Mr. Greeley for the amount of support Mr. Robbins could get. After this politicking, calling the Men's Golf Association, after spending a great amount of time on Saturdays and Sundays in the cocktail lounge, in the dining -- room, discussing the C1ubTs problems and various situations -- these are a few incidents that have been occurring for the last few months. This type of conduct is not conducive to a business- like approach for a business. operated by the Village. Club activities were disrupted as a result of this. On Monday morning, I called the office of the Village Treasurer and asked how many _ names in addition to Mr. Lawrence Robbinsr name were omitted from the delinquent account list. This is a list we receive from the Village. This was an account in excess of 120 days old and in excess of $200.00. "I don't know why the name was omitted, and I don't know if any other names were omitted. To my knowledge, none, she said .'T I then notified Mr. Robbins in a tactful, businesslike manner that he was a delinquent account and I, adhering to policy, would have to suspend him from the Country Club until his account was brought up-to-date. It is events like these that led me to a total breakdown in communications. I learned, along with the.Board of Governors, at the Board of Governors meeting last Wednesday of a very important change on the golf course -- the.Clayton valve in- stalled last, rather than first. It is beyond me that we did ' not have this information.- I called the Village Engineer immediately. They keep me abreast of changes - there are a certain amount of changes that even they are not aware of. After the months the Greens Committee had spent discussing this present irrigation system, that we are ending up with an irrigation system that will probably function all right, but it is not what we investigated, and it is not the type of system that we had in mind. We have an animal that none of us were _ able to determine would be the best for our particular situation. These are some of the events that have made my job ari exercise-- in frustration. Certainly this cannot work for the best in- terests of the Country Club or the Village; and so this is what led me to make these remarks. These remarks were not made by 'blowing your cool'. My voice was not being heard. I can count on one hand the number of times that they who are doing the accusing investigated the events of the Country Club -- only the -__ Mayor, and Mr. Cadby for less than three hours -- anyone else having a desire to get to the facts. I canTt imagine any business- man receiving inputs from just one source. This is another reason that brought me to the remarks the other day. I said them hoping someone would hear my voice, get down to the business of rolling up our sleeves and working out the best possible management of the Country Club. ' It has been suggested that I am not 100% in agreement in hiring a professional Country Club Manager. This will not work unless you give the man complete authority and sever the relationship with the Village. You can pay the man $30,000 a year and he can't circumvent the pitfalls that have been placed in our paths. Minutes of Special Meeting Held Tuesday, May 26, 1970 Page ~E Day by day paperwork of the Country Club is also an exercise in frustration. For example, when a requisition is submitted, it takes as much as much a,s five days to get a paint brush. We are criticized by the auditors for confirming purchase orders. We have a seven-day operation and emergencies do arise. I have enjoyed my relationship with the Board of Governors. I will be happy to help in any way I can to make a smooth transition into any form of management or operation that you gentlemen desire. I will work to the end of the fiscal year, or I can be through this evening, but I. can assure you that I have had in mind the best interests of the Country Club, the members and its employees. My remarks concerning Mr. Robbins have brought this situation to a head, and I hope you will take the appropriate action." Mr. Cadby posed the following question to Mr. Setterfield: "Did I understand you correctly that you have tendered your resignation?T' Mr. Setterfield replied: "It is interesting to me, and possibly to you, how these things have a way of slipping into the press. I discussed my resignation with Mr. Martin. I have not officially resigned. I can resign immediately, or I will remain until the end of the fiscal year, if it is every- oneTs desire. I will write my resignation any way you gentlemen wish it. Yes, it is my desire to resign. 'I would not consider remaining-past October 1970. Another incident -- It is curious to me that when we were dealing with our golf course crew, and they stated .they did not desire to be employed by the Village any longer, I picked up the golf course crew's checks, went to lunch, came back in forty-five minutes, and already Mr. Cadby had received a call from the press about the wage dispute and walkout. An anonymous woman caller made this call. This brings back memories of the last campaign. A personnel record was disclosed to a candidate. Mr. Robbins has implied that a member of the Council divulged this confidential information. I have since learned that this is not confidential information, but the unfortunate thing about this was that the information contained was not true. False statements were made, and at the meeting which Mr. Watt and Mr. Privett attended, not one man since that time has tried to set the records straight. I am an employee of the Village. I have no right to involve myself in politics, yet I was the topic of great debate duri.n~ the last campaign. A gentleman and I had met, and discussed the problems. This man took a complete audit report, studied it, and came back with a list of questions and set the records straight. He held a cocktail party and ironed out the false statements about me personally and the club opera- tion in general. Mr. Cadby posed the Following question to Mr. Setterfield: 'TDid you say that this delinquent account is still delinquent?" Mr, Setterfield replied: "It was paid this past Monday. There ' was no payment for some 120. days prior to that time." Mr. Setter- field then continued: "If it sounds like we are being petty, when you live with pettiness day by day, it is not petty. Mr. Cadby asked Mr. Setterfield: "These three hours you and I spent, why did you not avail yourself of the opportunity to fill me in on some of these things?" Mr. Setterfield replied: "I felt Minutes of Special Meeting Held Tuesday, May 26, 1970 Page 5 that the Council was aware of a great many things. The day by day pettiness you would not have time to listen to, and I do not have the time to give to that input information every evening.TM Mr. Watt asked Mr. Setterfield: "You say that essentially these ' statements are true? In context, these statements are true?" Mr. Setterfield replied: "Yes, I made derogatory remarks to some employees. I might point out that at. least one of these employees has attempted to engage the Country Club staff in discussions concerning Mr. Robbins. Mrs. Voznick has made state- ments concerning Mr. Robbins, and I could have a sworn, police attested to statement from Mrs. Voznick if this would be of any help." Mr. Watt asked Mr. Setterfield: "Was there a third incident of this kind on that day with someone else? Between yourself and a member of the Club, was there a third incident such as this on that particular day? I have heard the story that there was a third incident outside of what we have here between you and a _ Club member." Mr. Setterfield replied: "No sir.' Mr. Watt asked. Mr. Setterfield: "Do you think the statements you made tonight justify your actions in the HaI1 that day?" Mr. Setterfield replied: "That is not my decision. You have the Personnel Manual. We are using a Personnel Manual here. We_ have not used it in the past to discipline the Village Manager.T' Mr. Privett asked Mr. Setterfield: "With regard to the Village Manager contacting Mr. Greeley and the Golf Association, what took place at the meeting?" Mr. Setterfield replied: "We ob- served the incident in bits and pieces - we were not in the whole meeting. We observed certain men, when we did go into where they were having this meeting, would stop speaking and become embarrassed. In essence, when the waitress was serving, a lot of this transpired. This was the statement Mr. Greeley made to the thirty-two men who were in that luncheon that day." Mr. Privett asked Mr. Setterfield: "What was said?TM Mr. Setter- field replied: In essence, Mr. Robbins was attempting to gain support through the Men's Goif Association.to support the change in management, the type of operation and support the ordinance -. __ he personally favored which is the Country Club falling to the Village Manager or he, as an individual, operating the Country Club. They did, in fact, attend the Council Meeting, but not in the numbers they hoped to. Mr. Privett asked Mr. Setterfield:- "In regard to the Village Manager's activities in the bar and the dining room, what did you mean?" Mr. Setterfield replied: "This has-occurred for the last month. These discussions make great Scotch and water phil- osophy for the rest of the patrons in the cocktail lounge and _ dining room to such a degree that it disrupts our operation. I do not know what he is saying. I did not go to each member to find out what he had said, but it does disrupt our organi- - zation. It certainly does not make for an atmosphere that would be conducive to enjoying yourself on a Saturday or Sunday." Mr. Privett asked Mr. Setterfield: Was Mr. Robbins overdue account greater than any other delinquent accounts?" Dlr. Setter--_ field replied: "No, but it was in the top ten." Mr. Privett asked: 'Did you suspend the top ten?" Mr.. Setterfield replied: Minutes of Special Meeting Held Tuesday, May 26, 1970 Page 6 "These delinquent accounts were being handled in the normal procedure. On any account 120 days past due, they are sus- pended. I made a phone call. I did not go through the series of letters or phone calls due to the age of the account and the way coe found out -- I had no record. Mr. Privett asked Mr. Satterfield: "With regard to having this account settled, did you follow the same procedure as any other account?" Mr. Satterfield replied: "He was treated as all other delinquent accounts, yes." Mr. Cadby asked Mr. Satterfield: "Are you aware of the telephone campaign of members of the Country Club requesting them to come out and oppose the ordinance placing the Country Club under the Village Manager, and ending the conversation, *'We would not be in debt if Mr. Robbins would pay his bar bill." 'Are you aware of this?" Mr. Satterfield replied: "No sir." Mr. Bob Martin made the following comments: I would like not to comment on the remarks made, but simply would like to say that ever since being on the Board, I have attempted to arrive at a more cooperative climate with the Village Manager, but I have come to appreciate, over the past months, the difficulty o£ reaching such a climate. Past actions indicate strongly that the Village Manager would like to take over the Club, and I believe that the setup we have of the accounts and all accounting being done through the Village office through em- ployees of the Village Manager, makes an extremely difficult position for our Club management as well as for the Board of Governors, and that was the purpose of my recommendation to return the auditing of the Club to the Club. Mr. Alden Smith made the following comments: I am just com- pleting my third year on the Board of Governors, and have worked closer with Mr. Satterfield than the other Board members have. This is the third year in a row that the subject of mismanage- - ment at the Club had, coma up. After Mr. Robbins had been here about a year, it was brought up at that time. Last year the same subject cams up in even a stronger light. At that time we discussed the pros and cons of a better management setup - a business manager vs. a general manager. ;It was decided to continue as we were. This year again, the same subject came _ up, and I thought at first it was of a political nature. It seems to be much stronger this year than iri the prior two years, but have no proof of anyone changing. But .in each instance this action has brought a`great deal of pressure on the Country Club employees -- everyone up there. People call, and it sets up a general atmosphere of tension at the Club every year. This year was the worst of a11. It has been my pleasure to work with Dennis for one and one-half years. He has a talent for working with people and getting along with people and several members of the Club. He is not popular in some areas. We have established a policy on the dining room operation, and some of the Women's Club did not like this. He has not been popular in some areas where discipline__is required, but no other manager would have been either. In all my experience with him, I have never heard Mr. Satterfield be discourteous or use obscene language to any member of ttie Club. He has conducted himself, in my opinion, as a gentleman in all of these instances. I was stunned when I read the paper because I did not understand it. If he chooses Minutes of Special Meeting Held Tuesday, May 26, 1970 Page 7 to say that his action at Village Hall was.for the purpose of having his voice heard, I believe him. I have not attempted to press this issue of the problems between Village Hall and the Country Club. I, too, felt that the Council was aware of these circumstances. I would like to urge the Council to consider _- reinstating Mr. Setterfield to his position. , Dr. Harry Lange made the following comments: I would like to concur with Mr. Smith. Most of you gentlemen here and many people in the Village compare the operation of the Country Club to a balance sheet. I do know that such a. thing as running a Country Club cannot be put on a balance sheet. Taking care of people's recreational needs presents more difficulty than any business venture. You can't equate the dollar with what you are getting. It is an art. It is a highly attrition related art. This is one thing now -- okay, so the cook quits, and Dennis takes over. Can you believe this lady wanted a sandwich prepared a certain way. "I want potato chips, but I donut want any broken ones." I can't help but feel that the very small, vociferous minority runs things. I concur with Mr. Smith that Mr. Setterfield has done a hell of a job. Mr. Baldwin made the following comments: When you are sitting in judgment on Mr. SetterfieldTs remarks, the remarks should be taken in isolation. But as far as sitting in judgment on the type of job or job evaluation, T would submit that this not be used as a criteria when considering his remarks. I think Mr. Setterfield has done a satisfactory job. I think it would be to the best interest of the Country Club and the Village that Mr. Setterfield would remain. He will at some point prior to the fiscal year submit his resignation, so he~will be here only until November 1. I would request it be in the nature of suspension and not termination. Mr. James Taylor made the following comments: All has been -- said for Dennis. Would like to speak on the point of provo- cation. I have discussed this with three Councilmen. I chose to run for Council do the grounds that the major problem rested down here. Items were needed so badly by the Club, such as the snack bar, etc. All of these items were, in my opinion, held up. I talked to Mayor Lewis, Vice-Mayor Bell and Councilman Privett on many occasions. They in turn assured me something would be done. Have been trying to get water-for the Club for irrigation for two years. Has continuously been a problem. I can under- stand why Mr. Setterfield became provoked. I want to point out that there has been provocation. I talked .to the swimming instructor, and he sent the Learn-to-Swim program down to city hall to be put in the city paper, and the city people elected not to. Therefore, provocation should be considered. Mayor Lewis made the following comments: I would like to say to you, Mr. Setterfield, that this whole situation makes me sick but, further, in my position with the Village, your actions left me no other recourse but to take action as :I did. Unfortunately, because of what had been placed upon your shoulders personally through aggravation over a number of months, I do not feel, when I review the situation, that I would like to take this into consideration, but I must. Further, I would like to apologize to you for the articles that were in the newspaper. on Friday and Saturday. I did-not make contact with the newspaper. I felt that when the particular situation was solved and it had not r ,; Minutes of Special Meeting Held Tuesday, May 26, 1970 Page 8 been ballooned out of proportion, then I would contact the press. I do not believe that any man should increase his image at the expense of another. What you have said tonight leads me to believe. that you are placing yourself on the chopping block because neither the Village Council nor the Board of Governors gave you the necessary support in an intolerable situation. I am most to blame. The First incident you brought up took place in March of 1969. It was shortly thereafter that a procedure was brought forth and adopted by the Council regarding the relationship be- tween the Country Club Manager and the Village Manager. Un- _ fortunately, this has not been adhered to as it should. I don't know in my own mind what type of action is taken in North Palm Beach, West Palm Beach or any other city when you have the type of political programs that we have, and when there are no real - -_ actions, someone must invent one. to get into the spotlight. Sometimes during some of these campaigns, you and people like yourself are used as targets and scapegoats. I stood up here during the candidates forum and criticized two candidates that did not come before the forum. To be Manager, Mayor or any good supervisor, you lead a lonely life and become unpopular with people you can least afford to be unpopular with. We are quoted sometimes incorrectly, and quoted correctly sometimes, but not completely in context. This to the general public in many cases is misleading. I-feel that the action I took was just- fied, though I knew in my own heart when I.took the action tha.f more action should be taken, but I had no justification for it. It 'takes plain old-fashioned guts to stand before the Council and bare your soul. You could have told us to "go to hell" but I think you felt in your own mind that you had a mission here, and I think that in a way, each and every one of us, and I speak only for myself, have fully obtained the message. I feel that rather than I judge you, you should judge me as to whether or not I am a worthy employer and, therefore, I am - withdrawing my charges against you. The meeting recessed at 8:ZS p.m. and reconvened at 8:50 p.m. After the meeting was reconvened, Mayor Lewis made the follow- ing comments: Mr. Setterfield, after going through the Per- sonnel Manual, it still is very apparent that under Chapter E, General Section, Rules of Conduct, that you did violate this section. Also, I find that I am not in a position to with- draw my charges. The Council must decide whether the charges are just or unjust, and whether they should be sustained or removed. Any official action as to tenure of employment would require official action of the Council at its regular session on Thursday, May 28. However, we do have to have some action taken on the present charges and suspension. On motion of Councilman Privett, seconded by Councilman Watt, CC MGR. SUS- all present voting aye (4 - 0), that the charges by the Mayor PENDED FOR 1 against the Country Club Manager, Mr. Setterfield, be sustained WEEK -_ and that the Country Club Manager be given a one-week suspension _ without pay, effective last Friday, May 22.: There being no further business to come before the Council at ADJOURNMENT this Special Meeting, on motion of Councilman Watt, seconded by Councilman Cadby, all present voting aye, the meeting was adjourned at 8:56 p.m. Minutes recorded by: Dolores R. Walker, Village Clerk VILLAGE OF Mayor THOFWS F. LEWIS ORTH AT,M E.ElCH 01e'"'°y°` THOMAS R BELL Councilmen: - RONALD B. CADBV H. MALLORY PRIVETF, JR. _ VILLAGE HALL • NORTH PALM BEACH, FLORIDA 33403 • 848-3474 HERBERT A. WATT Village Manager. LAWRENCE J. ROBBI NS Village CIeM: DDLDRES R. WALKER May 26, 1970 I hereby waive notice of special meeting of Village Council held 2uesday, May 26, 1970, and consent-that the business - . conducted at that meeting be official without my having been notified in advance of that meeting.'