Agenda Item Report

Subject: RESOLUTION NO. 2024-023 - Clerk Commission Hodgkins

Meeting Date: AGENDA - SPECIAL COMMISSION MEETING - Dec 12 2024
Prepared For: Town Commission
Staff Contact:
Dept/Group:
Recommendation for
Counsel to consider:
Background Information:
Staff Recommendations:
Financial Implications:
Alternatives:

ATTACHMENTS:
Resolution 2024-023, Jacobs Censure
2023-008
Section 2-16 Code of Ordinances
 RESOLUTION NO. 2024-023

A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF

PEMBROKE PARK, FLORIDA, APPROVING AND ADOPTING
ARTICLES OF CENSURE AGAINST COMMISSIONER GEOFFREY
JACOBS; FINDING THAT COMMISSIONER JACOBS HAS VIOLATED
SEC. 2-16 OF THE TOWN’S CODE OF ORDINANCES, ENTITLED
“CODE OF CONDUCT FOR ELECTED AND APPOINTED OFFICIALS;”
FINDING THAT COMMISSIONER JACOBS’ BEHAVIOR IS
UNACCEPTABLE AND THAT HE MUST MAINTAIN ORDER,
DECORUM, CIVILITY AND RESPECT; AND PUBLICLY
REPRIMANDING COMMISSIONER JACOBS FOR HIS CONTINUED
PUBLIC BEHAVIOR AND MISCONDUCT; DIRECTING THE PUBLIC
TRANSMITTAL OF THIS RESOLUTION, ALONG WITH THE PRIOR
RESOLUTION OF CENSURE, RELEVANT INVESTIGATIVE
REPORTS, AND REPORTS OF THE INSPECTOR GENERAL’S OFFICE
TO BE TRANSMITTED TO THE GOVERNOR; REQUESTING THAT
THE GOVERNOR SUSPEND COMMISSIONER JACOBS FROM
OFFICE PURSUANT TO SECTION 112.51, F.S.; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING
AN EFFECTIVE DATE.

WHEREAS, the Town of Pembroke Park (the “Town”) is a municipal corporation located

within Broward County, duly organized and existing under the laws of the State of Florida and is

charged with providing exceptional municipal public services to citizens and residents located

within its corporate limits; and

WHEREAS, Sec. 2-16 of the Town’s Code of Ordinances establishes a Code of Conduct

for the Town’s elected and appointed officials (the “Code of Conduct” or “Code”); and

WHEREAS, the Code of Conduct provides, in relevant part, that all members of the Town

Commission shall:

(1) Work to foster an atmosphere of respect and civility among colleagues on

the Town Commission, Town employees, and members of the public;

(2) Be professional and respectful in all interactions with each other, Town staff
and members of the public, including oral and written interactions;

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 (5) Refrain from using profanity, intimidation, making disparaging remarks and
using ad hominem attacks towards each other or towards members of the public
in any settling, including, but not limited to Town Commission meetings and on
social media;

WHEREAS, notwithstanding the clear and unequivocal requirement of the Code of

Conduct, and prior to the regular Town Commission meeting on October 9, 2024, but during a

brief interaction between Commissioner Jacobs and Clerk-Commissioner Hodgkins,

Commissioner Jacobs threatened the life and home of Clerk-Commissioner Hodgkins; and

WHEREAS, more specifically, Commissioner Jacobs threatened Clerk-Commissioner

Hodgkins, stating that he would be homeless and dead “soon;” and

WHEREAS, this interaction was just the latest in a long list of alleged offenses and

violations by Commissioner Jacobs of the Code of Conduct; and

WHEREAS, as further example, Commissioner Jacobs has publicly, and without merit,

accused commission members of being criminals and made threatening remarks towards the

Town’s professional staff,

WHEREAS, on June 14, 2023, the Town Commission adopted Resolution No. 2023-008,

thereby adopting Articles of Censure against Commissioner Jacobs for prior violations of the Code

of Conduct and directing the commissioner to maintain order, decorum and civility during the

course of his public duties; and

WHEREAS, Commissioner Jacobs has continued to violate the Town’s Code of Conduct

and foster an environment of hostility and disharmony in the Town; and

WHEREAS, the actions of Commissioner Jacobs during his tenure in office have resulted

in multiple lawsuits and complaints with the Equal Employment Opportunity Commission filed

against the Town by current and former employees; and

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 WHEREAS, the Town has further engaged outside independent counsel investigators, at

great expense to the taxpayers of the Town, to conduct multiple investigations against

Commissioner Jacobs resulting from human resources / personnel complaints filed against the

Commissioner by current and former employees, including, but not limited to:

1) Haddad Coleman Investigative Report, dated August 1, 2023

2) Shutts / Calloway Investigative Report, dated March 26, 2024

; and

WHEREAS, at the October 23, 2024, Town Commission workshop, the Town

Commission, by consensus and at the request of Clerk-Commissioner Hodgkins, authorized and

directed the Town Attorney’s Office to commence the drafting of a resolution providing for the

formal censure and public reprimand of Commissioner Jacobs for the reasons set forth herein; and

WHEREAS, the Town Commission finds and publicly determines that Commissioner

Jacobs has continued to violate the Code of Conduct and that Commissioner Jacobs’ continued

misconduct warrants a strong public rebuke by and from the Town Commission;

WHEREAS, the Town Commission can only conclude that the nature, tenor and

frequency of such violations are willful and intentional on the part of Commissioner Jacobs; and

WHEREAS, Commissioner Jacobs has disregarded and disrespected the Commission’s

prior direction set forth in Resolution No. 2023-008 to cease all threatening and harassing behavior,

and the Town Commission seeks to reaffirm and readopt Resolution No. 2023-008; and

WHEREAS, the Broward County Office of the Inspector General (the “OIG”) has

recently conducted multiple investigations into the conduct of Commissioner Jacobs and

published several reports detailing misconduct and misuse of public funds by Commissioner

Jacobs, OIG Final Report, Ref. OIG 23-018-M, dated September 5, 2024; and

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 WHEREAS, other members of the Town Commission, and certain members of the

Town’s professional staff, have repeatedly attempted over the years, both publicly and

privately, to respectfully caution Commissioner Jacobs about his continued unacceptable

behavior; and

WHEREAS, Commissioner Jacobs has been afforded an opportunity to publicly

respond to this resolution; and

WHEREAS, the Town Commission finds that censuring Commissioner Jacobs for

repeated willful violations of the Town’s Code of Conduct is in the best interests of the citizens

and residents of the Town, and that the adoption of this resolution demonstrates to the citizens

of the Town and its professional staff that the conduct and behavior continuously exhibited by

Commissioner Jacobs is unacceptable; and,

WHEREAS, Sec. 112.51(1), F.S., authorizes the Governor to suspend a municipal

officer for malfeasance, misfeasance, neglect of duty, habitual drunkenness, incompetence or

permanent inability to perform official duties; and,

WHEREAS, Florida courts have held that “malfeasance” is the performance of

completely illegal or wrongful acts by an elected official; and,

WHEREAS, the Town Commission finds that the conduct of Commissioner Jacobs

described herein amounts to malfeasance in office, as his behavior resulting in multiple

complaints, and multiple investigations substantiating the behavior, despite the clear dictates of

the Town’s Code of Conduct, are completely illegal or wrongful, as well as incompetence in

that it appears Commissioner Jacobs is incapable of avoiding violations of the Town’s Code of

Conduct and applicable laws as outlined in the investigative reports, and thus warranting

suspension by the Governor.

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 NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF

THE TOWN OF PEMBROKE PARK, FLORIDA, THAT:

Section 1. The aforementioned "Whereas" clause is hereby ratified and confirmed as

being true and correct and is incorporated herein. All reports referenced in this resolution are

expressly incorporated herein by reference and made a part hereof.

Section 2. That the Articles of Censure, as detailed in the foregoing “Whereas”

clauses, are hereby accepted and adopted by the Town Commission, and the Town Commission

hereby finds and determines that Commissioner Jacobs has violated the Town’s Code of Conduct,

as set forth in Sec. 2-16 of the Town’s Code of Ordinances.

Section 3. That the Town Commission hereby formally censures and publicly

reprimands Commissioner Jacobs for his continued unacceptable behavior and misconduct.

Further, the Town Commission finds that Commissioner Jacobs’ conduct is unacceptable and that

he must maintain order, decorum, civility and respect in his dealings with fellow commission

members and the Town’s professional staff.

Section 4. That a copy of this resolution, along with a copy of Resolution No. 2023-

008, copies of all relevant Town investigative reports, and copies of all relevant reports of the

Broward County Office of the Inspector General, be transmitted to the Governor for review; and

further requesting that the Governor suspend Commissioner Jacobs from office for malfeasance

and incompetence pursuant to Sec. 112.51, F.S.

Section 5. All Resolutions or parts of Resolutions in conflict herewith, be and the

same are repealed to the extent of such conflict.

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 Section 6. If any section, sentence, clause or phrase of this Resolution is held to be

invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way

affect the validity of the remaining portions of this Resolution.

Section 7. This Resolution shall become effective immediately upon its passage and

adoption.

PASSED AND ADOPTED this ____ day of ________________, 2024.

_________________________________
MAYOR ASHIRA MOHAMMED
ATTEST:

____________________________________
CYNTHIA GARCIA-LIMA
Town Clerk

Approved as to form and legal sufficiency

___________________________________
JACOB G. HOROWITZ
Town Attorney

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12/6/24, 10:58 AM Pembroke Park, FL Code of Ordinances

Sec. 2-16. - Code of conduct for elected and appointed officials.

(a) Intent. The intent of this section is to establish conduct guidelines designed to describe the
manner in which elected and appointed Town officials should treat one another. Town staff,
constituents, and others they come into contact with while representing the Town of Pembroke
Park. This section shall supplement the standards of conduction for public officials and
employees, as set forth in Chapter 112. F.S., as well as the Broward County Code of Ethics for
Elected Officials, as may be amended from time to time.
(b) Conduct guidelines. All members of the Town Commission shall:
(1) Work to foster an atmosphere of respect and civility among colleagues on the Town
Commission, Town employees, and members of the public;
(2) Be professional and respectful in all interactions with each other, Town staff and members of
the public, including oral and written interactions;
(3) Work to promote, in the general public, an understanding of the role of elected officials and
accurate information regarding Town matters;
(4) Attempt not to abruptly interrupt each other or members of the public during Town
Commission meetings. Only the chair—not individual Commission members—is permitted to
interrupt a speaker during a presentation. However, a member may ask the chair for a "point
of order" if the speaker is off the topic or exhibiting behavior or language that the member
finds disturbing;
(5) Refrain from using profanity, intimidation, making disparaging remarks and using ad
hominem attacks towards each other or towards members of the public in any settling,
including, but not limited to Town Commission meetings and on social media;
(6) Refrain from yelling or screaming at each other, Town staff, or members of the public in any
setting, including during Town Commission meetings.
(c) Commission interaction with Town staff. Governance of the Town relies on the cooperative efforts
of elected officials, appointed officials and Town staff. Therefore, every effort shall be made to be
cooperative and show mutual respect for the contributions made by each individual for the good
of the community.
(1) Under a Commission form of government, elected officials acting in their official capacity will
interact with staff. Elected and appointed officials shall not direct staff or interrupt staff while
they are in meetings, on the telephone, or engrossed in performing their job functions in
order to meet the official's individual needs.
(2) Elected and appointed officials shall express any concerns about an employee's performance
privately and only to the Town Manager. Elected officials may make direct inquiry on Town
matters to the Human Resources Director; however, direction by the elected officials to the

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12/6/24, 10:58 AM Pembroke Park, FL Code of Ordinances

Human Resources Director shall only be through the Town Manager.

(3) Elected and appointed officials, acting in their individual capacity, shall not attempt to
influence Town staff on making appointments, awarding of contracts, selecting of consultants,
processing of development applications, granting of Town licenses and permits or any other
administrative functions, unless other required by the Town Charter.
(4) Elected and appointed officials shall not solicit any kind of political support, including by not
limited to financial contributions, displays of posters or lawn signs, or names on support lists
from Town staff. Town officers and employees may engage in political activity in accordance
with § 104.31, F.S., as may be amended from time to time.
(d) Commission interaction with appointed officials. The Town has established citizen boards to
assist in the operation of the Town and to allow for community input. Citizens who serve on
boards become more involved in government and serve as advisors to the Town Commission.
They are recognized as a valuable resource to the Town's leadership and shall be treated with
appreciation and respect.
(1) Elected officials attending board meetings shall only express their personal opinions. Any
public comments by an elected official at a board meeting shall be clearly made as an
individual stating a personal opinion and not as a commission member representing the
opinion of the Town Commission.
(2) The Town Commission appoints individuals to serve on boards, and it is the responsibility of
the boards to follow policies established by the Town Commission. Board members do not
report to individual commission members and commission members shall not threaten Board
Members with removal if they disagree with a Commission member about an issue.
(3) Appointment and re-appointment to Town Boards shall be based on such criteria including
expertise, ability to work with staff and the public, and a commitment to fulfilling official
duties.
(4) Board appointments shall not be offered as a political "reward."
(5) Elected officials shall be fair and respectful of all citizens serving on Town Boards.
(6) Board members may offer political support to an elected official, but such support shall not
occur in a public forum while conducting official Town business. Elected officials may support
board members who choose to run for office, but such support shall not occur in a public
forum in their capacity as a member of the Town Commission.
(e) Enforcement and penalties. This section is intended to be a self-enforcing expression of the
standards of conduct for elected and appointed officials in the Town. All newly elected and
appointed officials, all candidates for Town Commission, the Town Manager, the Town Clerk and

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all applicants to Town boards shall receive a copy of this section. Members entering office shall sign a
statement acknowledging that they have read and understand the Code of Conduct, as set forth in this
section.
The Town Commission shall have the authority to enforce this section against its own members.
In the event that a member of the Town Commission, after being afforded due process, is
determined by the commission to have violated this section, the Town Commission may impose
one (1) or more of the following:

(1) Oral reprimand.

(2) Written reprimand.
(3) Public censure.
(4) Any other lawful penalty deemed to be reasonable and appropriate by the Town Commission.
(f) Periodic review. This section shall be reviewed periodically by the Town Commission and updated,
as needed.
(Ord. No. 2023-004, § 2, 7-12-23)

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