Fort Walton Beach Council agenda — 06-12-2007 regular agenda — reading text

rates and will have to be changed back to the June 1, 2006 rate schedule. Clarification was given that the rates for the play cards for the current year of June 1, 2007 will be enforced at the June 1, 2006 rates, and will remain at that rate until Council changes the rates on June 1, 2008, and any adjustments on play card rates will occur at the golf course. It was noted the resolution needs to be amended to strike out all of the rates effective June 1, 2007, including the rates for the play cards. The Mayor asked for public input. There was none. Mr. Minich moved to adopt Res. 07- 09, as amended. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. FINANCE DIRECTOR/CITY CLERK CONTRACTS Clerk. Request for Council to negotiate contracts with/ for the Finance Director and City l The City Attorney explained she drafted contracts for the City Clerk and Finance Director after discussion at the May 22 Council meeting, and provided copies to both the City Clerk and Finance Clerk seems satisfied with the draft agreement and that it is legally J Director. She advised the City sufficient. However, the City Attorney advised that in regard to the Finance Director's contract, she cannot do anything more without direction from Council. Mr. Miller stated he was hoping to discuss the contracts and initiate the action to accomplish the contracts, as he feels the City Clerk and Finance Director should have contracts along with the City Manager and the City Attomey. The Mayor asked for public input. There was none. 4 Special Council 5- 29- 07 CONTRACTS ( CO NT) Mr. Miller moved to instruct the City Attorney to begin the negotiations of contracts for the Finance . Director and the City Clerk and bring back to Council and let the Council resolve any differences. The City Attorney advised that she does not deal with labor and employment issues for the City and asked that her contract in that respect be honored. She also requested that any motion made include that the City's labor attorney, Mr. Mattamore, be tasked with negotiating the contract for the ~ Finance Director, with the City Manager providing input once Council gives some direction as what needs to be included in the contract. The City Attorney explained the Finance Director is under the control and supervision of the City Manager and only half of her job will fall to the other fiduciary duties Council is responsible for. Mr. Miller moved to task Mr. Mattamore, the City' s labor attorney, to negotiate contracts with the Finance Director and the City Clerk, to include input from the City Manager on the contract for the Finance Director. Mr. Garvie seconded motion. Discussion included the fact that the pertinent individuals to the contract will be included with the negotiation process; that the Finance Director is entitled to outside counsel for the negotiation of her contract at her own expense if she so desires; and that the City Attorney is confident in the legal counsel negotiating any contracts necessary. Further discussion included whether Council has the ability to negotiate a contract rather than hiring outside counsel; it was noted that would be difficult due to the time constraints to have a contract in place, and it is better to leave the negotiation to the experts and leave the decision up to Council. The Mayor called for the vote on the motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. TERMINATION OF FINANCE DIRECTOR Consideration of the Finance Director' s employment termination. Mr. Holmes stated he felt the need to discuss the termination of the City' s Finance Director, Lisa Absher, and that he is prepared to do so. Mr. Miller moved to suspend Roberts Rules of Order during discussion of this item. Dr. Pullen seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. The Mayor asked for public input. Charlene Greenwald, 206 Jet Drive, questioned why this discussion and proposed termination is taking place. There was no further pUblic input. Mr. Holmes explained there are recent events of the past several months that have come to his attention which he has discussed with Ms. Absher, and he stated he is prepared to bring them up if needed since Roberts Rules have been suspended. Mr. Holmes moved to terminate the Finance Director, Lisa Absher, tonight at 12:00 am and include the severance agreement outlined in her resignation letter dated May 18, 2007. Mr. Minich seconded motion.  5 Special Council 5- 29- 07 TERMINATION OF FINANCE DIRECTOR ( CO NT) . Mr. Holmes advised that after recent events were brought to his attention, he approached Ms. Absher and advised he would be asking for her termination, and that Ms. Absher informed she would submit her resignation, which Mr. Holmes received on Friday, May 18, 2007 at 5: 30 p. m. Since Ms. Absher would be absent from the May 22, 2007 Council she meeting, to Mr. expressed Holmes that would be the time for him to bring up the termination issue, as she did not want to be present when it was discussed. Mr. Holmes concluded he hopes that Council will support his motion without getting into a damaging discussion; but he is l prepared to do so if necessary. Mr. Minich stated he would hold his comments until later in the discussion. Mr. Miller expressed his thoughts and concerns that Ms. Absher did not receive any support from the City Council during her first six months of employment; that she took over a position that had been vacant for a year with a department that was understaffed; that she did not have a contract that specified the duties, rights, and/ or privileges of the position, nor was she advised that a contract should be negotiated. Mr. Miller noted periodic feedback should have been provided to Council by Ms. Absher, and noted differences of opinion between Ms. Absher and the City Manager, as well as the Mayor, whom Mr. Miller commented verbally disciplined Ms. Absher. Mr. Miller concluded his feelings that the City Council was remiss in its responsibility regarding the supervision and mentoring of a new employee; that no sound advice was offered by the City Manager or the City Attorney; and that the Mayor overstepped his authority by not assisting Ms. Absher' s smooth integration into the mainstream of City government. He stated he did not see any grounds for termination or resignation according to the position description of Finance Director, and that a counseling session on interpersonal relationships for charter officers and Council needs to b~ considered. The Mayor responded to Mr. Miller that he disagreed with his perception of the role of the Mayor. Dr. Pullen also voiced his feeling that the City was remiss in not negotiating a contract with Ms. Absher, and that a contract for all charter officers will ensure better checks and balances, and discussed the need for a cooperative effort among everyone to work togetherforthe betterment of the City. Mr. Garvie discussed the informative budget forum Ms. Absher presented to the public and the fact that she always had time to meet with him regarding budget concerns. He stated he was puzzled when he learned that she did not manage all of the City' s finances, and was appalled when he learned that neither the Finance Director nor the City Clerk had a contract. Mr. Garvie offered his opinion that it is often difficult to give up responsibilities that one has handled for years, such asin the case of the City Manager who was the Finance Director before assuming the duties of City Manager, and who handled the finances when the Finance Director position was vacant. The Mayor clarified that Mike Burton was the Finance Director from 2003 to 2005, and during the time the position was vacant, former Chief Accountant Melissa Jones served as a de facto Finance Director during that period. Mr. Miller informed the Mayor he should not be stating his opinion as he is the presiding officer; the Mayor offered that he can participate since Roberts Rules of Order were suspended during discussion of this item. Mr. Minich stated the fact that there has never been a contract for the Finance Director position and the department has always run smoothly; he also noted the fact that the City has had many award- winning finance departments. Mr. Minich stated his feeling that mistakes have been made and that the past few months have been a leaming process for everyone. G 5- 29- 07 Special Council TERMINATION OF FINANCE DIRECTOR ( CONT) He also stated that in conversations with Ms. Absher, she expressed to him that she wasn' t sure who she reported to when she took the job. Mr. Minich commented that is not the Council' s responsibility, when an individual accepts a position they should know who they report to. He acknowledged Ms. Absher may have been misled somewhat by Council as they told her she worked for Council, and she may have misunderstood the supervisory role of the City Manager. Mr. Minich continued that the charter officers must work together as a team for the betterment of the City,and he stated his make and she made it. that her resignation should be honored, as that was her choice to feeling The Mayor asked for verification that in the job announcement for the Finance Director, the first