Fort Walton Beach Council minutes — 10-23-07 regular minutes — reading text

accusations and innuendos he has received are true. Mr. Garvie questioned whether innuendos made by the public calling certain Council members about the behavior of an employee warrants an investigation by Council.  193 10/23/ 07 Regular Council INVESTIGATION OF CONDUCT OF FINANCE DIRECTOR ( CONTI Mr. Miller questioned how this investigation relates to the Finance Director' s contract or position description. Mr. Holmes responded he does not personally believe that any Charter Officer or city employee has the right to interfere in the directive of this Council, and that directive was when Mr. Hartwell that r brought up the issue of removing Robert Rettie from the CRA Board. Mr. Holmes advised there conversation and the information contained in the backup leaves him to believe was l direction or guidance given to Mr. Rettie from the Finance Director. Mr. Garvie questioned if the Finance Director is investigated if it will be for violating a directive from Council by counseling an individual, i.e. Mr. Rettie. Mr. Holmes responded this is not a place to get into an investigation, and that this is only one issue out of a multitude of issues. Dr. Pullen stated he did not understand the allegations and requested the specific page and issue in the backup that Mr. Holmes was referring to. Mr. Holmes noted a memo dated October 15, 2007, to the Human Resource Director. Mr. Holmes stated he has a lot of concerns about the performance of the Finance Director up to this point. He mentioned the tremendous amount of discord at City Hall, which he feels directly relates to the conduct of the Finance Director, and that is part of the reason why he is seeking an investigation, to look at these issues. Mr. Hartwell asked, for clarification, whether Mr. Holmes' justification for wanting an investigation is because of the general discord at City Hall that he feels is centered around the Finance Director. Mr. Holmes responded that was correct. Discussion ensued among members of Council that the Mayor felt were an attempt to discount the reasons of Mr. Holmes' request for an investigation. The Mayor stated he laid down the he ground rules at the beginning of the discussion that were agreed upon by everyone, and stressed that no motion for an investigation has been made and until and if such a motion is made, then relevant reason can be sought. Mr. Garvie asked the City Attorney if an employee of the City has a right to have a city resident come to them for advice, and the employee offer advice to the individual, as he feels that is the allegation at hand. Mr. Minich made a point of order reiterating the Mayor' s statement that questions are to ask Mr. Holmes his reasons for wanting an investigation. Mr. Garvie stated all he wanted to know is whether the October 15, 2007 memo in the backup is something that needs to be investigated. The City Attorney stated she cannot answer as that is Council's decision, and at what level of conduct rises to malfeasance, misfeasance, inappropriateness or illegality is within the Council's purview. She surmised that from what she heard there is more than one reason for an investigation. Mr. Garvie stated he heard only one reason and it was vague. The Mayor asked for public input.  194 10/ 23/ 07 Regular Council INVESTIGATION OF CONDUCT OF FINANCE DIRECTOR ( CONTI Charlene Greenwald, 206 Jet Drive, questioned how many councilmembers have been contacted by the public, and questioned how it is known whether the Finance Director actually had a conversation with Mr. Rettie. She was advised a memo is contained in the backup to the Human Resource Director from an employee referencing the conversation. Dick Gercak, 214 Miracle Strip Parkway, questioned what it will cost the City to have an investigation done, and who will do the investigation. The Mayor responded it is up to Council how an investigation will be done, if one is done, and it could be by the Mayor or the Council, and it is not possible at this time to determine the cost. Kabe Woods, 240 Brooks Street SE, referenced the two agenda items calling for an I', investigation of Charter Officers and the item calling for the removal of a citizen from a City board, and stated his feeling these topics are an embarrassment to the City, and urged Council to return to the business of making decisions for the betterment of the City. Charlene Greenwald, 206 Jet Drive, stated this conduct is hurtful to the citizens of the City; she is concerned about the morale of City staff; and stressed her disappointment in recent events. Dick Gercak, 214 Miracle Strip Parkway, questioned whether he understood the allegation correctly that the Finance Director gave information to a member of a City board, and that as an official of the City she was not allowed to give out the information. Mr. Gercak was advised that his assumption was not correct. For clarification to the citizens present at the meeting, Mr. Holmes read the memo to the Human Resources Director dated October 15, 2007, from an employee of the City ( Jo Main): ' On October 12th at 10: 15 am in the morning, I had a conversation with Lisa Absher, Finance Director, regarding the October 9th City Council meeting that I watched on the television that aired the following day, October 10 on channel 6. One of the topics of conversation between Lisa and I was about the upcoming proposed agenda item that Councilman Hartwell brought up regarding CRA Board Member Bob Rettie to be removed from his position as CRA Board Member. Lisa confirmed to me that she had heard about this from several people including Mr. Rettie himself and that the subject had been discussed. I asked her if she knew what Mr. Rettie was going to do and she told me that she had discussed it with him and advised him that she thought he should resign. This is true and as accurate as I can recall to the best of my ability.' Mr. Holmes moved to authorize an investigation into the conduct of the Finance Director, Lisa Absher. Mr. Minich seconded motion. The Mayor asked if Council had any comments in regard to the motion. Mr. Holmes stated the morale of the City is at an all- time low, and every effort must be made to correct these issues to put the City back on track like it was a year ago before the arrival of the Finance Director, and this is the only way he knows to get these items out in the open and find the truth. Mr. Minich stated he has had many people, including a citizen, contact him and he also feels the morale of the City is at an all- time low. He advised he has spoken with department directors and members of City staff and stated he could not, and would not, deal with rumors and he said/ she said mentality. He advised them if they know of something firsthand that is incorrect or unbecoming the conduct of the Finance Director to put it in writing. Mr. Minich stated that is not an easy thing to do as one employee did put something in writing, then they were asked by a member of Council to attend the meeting this evening, and that is why it is difficult for people to come forward. j l  195 10/23/ 07 Regular Council INVESTIGATION OF CONDUCT OF FINANCE DIRECTOR ( CONT) Mr. Minich advised what is needed is someone who can talk to the individuals who deal with the Finance Director on a daily basis and find out the real answers so the allegations can be taken care of. Mr. Minich believes there is sufficient information and allegations that someone should be able to talk to the employees so they can express their opinion without fear of retribution. Mr. Reeves noted the difficult task before Council, and that it is easy to sit in the audience and reach a conclusion without having all the information that Council has. Mr. Reeves stated he did not take this position to get involved with Staff issues, but this is just one issue and he is concerned about the morale of Staff, and he is in support of this motion in hopes any doubts will be cleared and the business of the City can return. Mr. Miller advised he has never heard one negative comment from anyone regarding the conduct of the Finance Director, and noted the fact that her personnel file contains letters regarding her conduct sent anonymously, as well as the unfavorable exit interview of a former employee. Mr. Miller stated there is no letter referencing any type of problems in her personnel file, nothing has ever been documented, and feels that something has happened with the leadership of the City to allow things to get to this point. Mr. Garvie stated he has had people call him on the phone, as well as come to his residence, and he has not heard one negative comment from anyone about the Finance Director, only positive comments about what she is doing for the City. He continued that he has never had an employee of the City or of the City' s Finance Department come to him with concerns. Mr. Garvie stated his feeling is that there are individuals who contact certain members of Council because they know the way these certain councilmembers feel, so they are sought out. He advised he does not believe in interfering with the personnel business of the City, as that is up to the City Manager and how she handles the City. He concluded that he has been impressed with the presentation and information the Finance Director has brought forward, and feels that the matter of an individual coming to her office for advice and she advised him he should resign, which is exactly what Council voted to do, is petty and should not warrant the attention it is receiving. Dr. Pullen advised that since Council cannot interfere with the City Manager and the personnel issues of the City employees, there is nothing to prevent an employee of the City to come before them with a problem because Council could take no sort of disciplinary action against an employee. Dr. Pullen stated he has had many phone calls and contacts of high praise for the efforts of the Finance Director; he stressed teamwork among City staff and that everyone should behave like mature adults and work for the good of the City. Dr. Pullen stated his feeling there is a hostile work environment in the City and that the Finance Director is under a lot of pressure, and this makes it difficult for her to do her job efficiently. Mr. Hartwell stated it is time to bring this issue to an end