Fort Walton Beach Council minutes — 03-18-08 special minutes — reading text

Mr. Mattimore to relay his major concern. Mr. Mattimore recalled Dr. Pullen' s major concern was the City Manager, but he referenced the City Manager' s relationship with the Finance Director. Dr. Pullen asked when he indicated to Mr. Mattimore the hostile work environment started in the City that was created by the City Manager. Mr. Mattimore replied he did not recall when Dr. Pullen said he thought it had begun. Dr. Pullen asked if he told Mr. Mattimore he was concerned about the City Manager swearing at people when she first became City Manager. Mr. Mattimore recalled Dr. Pullen expressing a concern the City Manager used profanity but did not recall he placed a timeframe on it. Dr. Pullen stated he was referring to a period of time long before the Finance Director became an employee of Council. Mr. Mattimore replied he did not take Dr. Pullen' s remarks as limited to only when Ms. Absher was Finance Director, but something that was ongoing. He mentioned he asked if they had ever heard theManager use profanity in the workplace, and the Finance Director answered that question r by saying the what it was. City Manager used profanity. He said he asked what the profanity was and she told him Dr. Pullen asked Mr. Mattimore why he did not include all the documents provided by the Finance Director. Mr. Mattimore replied there is appendices to the report they will turn over tonight that has every document provided by everyone. Dr. Pullen asked Mr. Mattimore if he was aware the City has not had a checks and balance system in the last seven years he has been on Council. The Mayor questioned the relevance of the question. Dr. Pullen replied it is relevant to why they hire a Finance Director. The Mayor stated the question has no relevance to the report but allowed Mr. Mattimore to answer if he wished. Mr. Mattimore replied that Dr. Pullen is asking him to opine on something he does not have sufficient knowledge. 3 6 Special Council 3- 11- 08 SUMMARY OF FINDINGS cant. Dr. Pullen asked if the former Finance Director Mike Burton was interviewed. Mr. Mattimore replied he did not recall the name Mr. Burton. Dr. Pullen asked if Mr. Mattimore recalled during the interview he mentioned the City Manager' s practice of selective code enforcement. Mr. Mattimore replied he did mention that and he did ask Dr. Pullen to follow up on that. He said he did not ask any witnesses about that because that was not within the scope of the charge of the investigation. Dr. Pullen commented then that the scope of the charge of the investigation did not involve the City Manager or her actions. Mr. a:~~~~~~~ t~~~~~~~~~~ e:~:~ h~~~~~:~:~:~ h~ r::~~sh~~.~~ nW~~ ::~~ C:~~ St~~~~ 1." 1\". . . . " he mentioned to Mr. Mattimore the City Manager' s abuse of her authority to harass the citizens. Mr. .'..... Mattimore thought Dr. Pullen was complaining about the City Manager in a number of different ways, and may have mentioned that also, but that was not within the scope of the charge of what he thought was Dr. Pullen' s primary concern or what the Mayor' s was investigating. Dr. Pullen said he gave names of City officials, committee members, about their mistreatment by the City Manager and asked if Mr. Mattimore questioned those people. Mr. Mattimore recalled he gave Dr. Pullen his contact information and invited him to have anyone he thought had relevant information to contact him and everyone contacted him was interviewed. Dr. Pullen asked if Mr. Mattimore included their statements in the report. Mr. Mattimore replied everyone who was interviewed has a summary; if they had anything relevant to the issue, they are in the report. Dr. Pullen asked about remarks made by Dick Gercak and Bob Rettie that are not in the report. Mr. Mattimore replied they were asked and they did not have relevant information about anything they were looking into in the scope of the investigation. He said they both appeared and spoke about matters that might be important to them but did not address the issue of the Charter Officers and their working relationships with other Charter Officers and employees of the City. Dr. Pullen asked Mr. Mattimore if he is saying their testimony had nothing to do to indicate the actions of the City Manager. Mr. Mattimore replied that was correct. Dr. Pullen asked if Mr. Mattimore was ever told by anyone interviewed of the City Manager throwing papers at them. Mr. Mattimore replied no one testified that the City Manager threw papers at them. Dr. Pullen asked who determined who the key personnel were. Mr. Mattimore replied he thought that some key direct reports of the Comptroller, the Grants Coordinator, and the Administrative Assistant to the Finance Director were important people. He said other peoples names came up in the course of the interviews and they were brought in and interviewed. He said he would have spoken to anyone if anyone wanted to speak to them. Mr. Hartwell asked the definition used for City officials. Mr. Mattimore replied it is the management of the City, and it would include the City Council and the Mayor. Mr. Hartwell asked Mr. Mattimore if he was tasked to interview the City officials why all seven City Officials and the Mayor were not interviewed. Mr. Mattimore believed all Council members had an opportunity to speak with him if they wanted to. He said he did not call the Council members in and interviewed them on tape because they are his client. Mr. Hartwell asked Mr. Mattimore about his criteria and established by who for including or excluding comments of witness statements in the Executive Summary, and why all the witnesses listed in the report were not listed. Mr. Mattimore explained some Council members were given the opportunity to speak with him. He said he took their comments seriously and used what they had, to help direct his inquiry to the facts. He did not view them as witnesses and did not take their statements by audio tape because he believed them to be his client. I Mr. Hartwell asked who would have access to the comprehensive investigation material that was not presented before the meeting, and if there was a reason Mr. Mattimore decided not to make that an attachment to the Executive Summary so Council could have access before a decision might be made tonight. Mr. Mattimore replied it is too voluminous to have transmitted with the report.  Ii. Special Council 3- 11- 08 37 SUMMARY OF FINDINGS cant. Mr. Hartwell asked Mr. Mattimore if he received any verbal instructions from any Council member, the Mayor, City Manager, Human Resources Director about how to proceed with the investigation other than what is written in the statement of work. Mr. Mattimore replied the conduct of the investigation is his own that he uses consistently when he does something of this nature. Mr. Hartwell asked if the witnesses were sworn during the process. Mr. Mattimore replied no. Mr. Hartwell asked Mr. Mattimore to explain the impact to the investigation, if there was any that may have biased the investigation after having received an increase in compensation from the City Manager on January 15, 2008. Mr. Mattimore replied absolutely not, that is something that generates from his firm on an annualized basis. He said he has no involvement in that whatsoever, it happens to all their clients across the board. He said that is not something that was done here; it was not something that has anything to do with this report, and he does not even know his hourly rate for the City. He said he is AV rated and he believed he has the highest ethical standards. He has never had a Florida Bar complaint in 28 years, he represents the Governor, and he does not influence his work by a rate of pay. He said the letter generated in January is routine. Mr. Minich stated he had no questions. Mr. Holmes asked Mr. Mattimore who the five key employees that described a hostile work environment report to and are supervised by. Mr. Mattimore replied they are all employees of the Finance Director and identified the Finance Director as having authority over them. Mr. Miller referenced Mr. Mattimore' s statement that he was not aware of any prior problems and asked if he was aware of problems in May 2007 that had to do with written complaints against the Finance Director. Mr. Mattimore replied the first time he met or heard the Finance Director' s name, became aware of her, is when he came over for the contract, so he would not have been involved in anything that predated. Mr. Miller asked if anyone on City staff had contacted Mr. Mattimore in May 2007 about consulting because of a personnel problem with the Finance Director. Mr. Mattimore replied no and recalled his first involvement with that was he was contacted by the City Attorney who had a series of communications with the Finance Director and as a result said she thought it best she turn it over to outside labor counsel, and that was the contract. Mr. Reeves asked Mr. Mattimore, even with the five or six key employees directly under the supervisor of the Finance Director, if he felt in his opinion that it leaves the City open to some type of future litigation if they leave the employees under the current administration of their immediate supervision. Mr. Mattimore replied one of the things he is trying to avoid is to recommend any kind of course of action here because he thought that is beyond what has been charged. He thought the City has a legal obligation to provide a retaliatory free work environment, and they have to take all steps to ensure that happens. Mr. Garvie asked Mr. Mattimore in former investigations similar to this if he ever placed witnesses under oath. Mr. Mattimore replied he did not do that, it is not a deposition. He said he audio tapes them, they are aware it is a public record, and he does not promise confidentiality. He said he is not taking sworn depositions as an officer of the