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

line 0 stated the position reports to the City Manager. Mark Wiltsie, Human Resources Director, clarified that the job announcement stated the Finance Director would work under the general supervision of the City Manager, but is hired and fired by the City Council. Mr. Miller read the job description of the Finance Director position, which states the work is performed under the general administrative direction of the City Manager. Mr. Reeves commented that in his opinion, there is a lot of innuendo and office politics taking and place. He stated that both the City Manager and Finance Director are strong personalities, both are well- qualified to do their jobs. Mr. Reeves stated that Ms. Absher took the position in good faith and uprootedher family,and in only six months is ready to leave the City. He stated that she is integrating into a group of people who are very set in their ways and business relationships and that can be difficult on anyone, and he would like to see all of the charter officers work together and with the City staff and that teamvvork exercises are needed. Mr. Holmes noted documentation that was provided to Council regarding Ms. Absher' s handling of the last two days on the job of former employee ( Melissa Jones), including the exit interview of the employee. Mr. Holmes stated that, in his opinion, the actions of Ms. Absher were unprofessional and unbecoming of a charter officer of the City of Fort Walton Beach. Dr. Pullen commended Ms. Absher, stating he feels she has done an outstanding job the past six months in a difficult situation, and she has done nothing to bring about her dismissal. very Mr. Hartwell stated he feels there is a flaw in the City' s Charter as it does not allow the charter members to have control of the employees that work under them, and he can understand frustration of Ms. Absher not having that control. He relayed that Ms. Absher moved to a new city and into a new job and environment, and did not have a clear understanding of her roles and to day basis, responsibilities. He maintained she has been busy getting the job done on a day while discovering she did not have any authority in her own department. Mr. Hartwell continued that he would weigh the comments of a disgruntled or dissatisfied employee are very biased and during their exit interview for what they are worth, and feels the comments does not understand why any disagreements would have culminated in the final two days of employment. He stated charter officers need a span of control and the way the Charter is written they do not have that control. Mr. Garvie mentioned the difficult environment that Ms. Absher walked into as her role as Finance also Director in that she did not have guidance as to her authority or who she answered to. He commended the actions of Ms. Absher in the way she handled the former employee, as she was the financial information of the City and had the best interest of the City in mind. only protecting J 7 Special Council 5- 29- 07 TERMINATION OF FINANCE DIRECTOR ( CONT) Mr. Minich strongly disagreed with the labeling of the former employee as ' disgruntled,' stating she was an excellent employee who served the City well as Chief Accountant as well as fulfilling some of the duties of finance director, that gave many hours of service to the City, and that she left as a result of a better job opportunity. Mr. Garvie countered he was not accusing the employee of any wrongdoing, as he didn' t even know her; he was merely commending what he felt was a good management policy by Ms. Absher. J Mr. Minich again voiced his disagreement with Mr. Garvie' s comments. Mr. Miller discussed at length the backup information requested by Mr. Holmes which included employment information and the exit interview of the former employee. He noted dates and times, and questioned why an investigation into the accusations against Ms. Absher by the employee was done a week after the employee left. Mr. Miller voiced his opinion that the events depicted in the backup information by the former employee were in fact a conspiracy to force the resignation of Ms. Absher. Mr.Holmes stressed that he feels this was not a disgruntled employee; he believes she left on her own accord,stating she worked an extra 'four weeks, outlined her job for her successor, and noted her many accomplishments that were mentioned by Mr. Miller from the backup material. The Mayor called for a vote on the motion. Dr. Pullen asked that the motion be repeated and asked for clarification on the vote. Clarification was given that a vote of ' yes' is in favor of terminating the employment of the Finance Director, Lisa Absher. Mr. Holmes repeated the motion 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. The Mayor noted that Mr. Minich seconded the motion. The Mayor again called for the vote on the motion and it failed by a vote of 2 to 5 with Holmes and Minich in favor and Miller, Reeves, Garvie, Pullen, and Hartwell opposed. DISCUSSION OF CllY/ POLlCE AND FIRE PENSION FUNDS The Mayor advised the following are the combined Items 5 and 7, requested by Mr. Hartwell and Mr. Miller respectively: Item 5: Consideration of the need to procure an independent agency to study and report on the different legally acceptable methods for executing the General Employee' s Retirement fund, and the Police and Fire Pension Funds/ Plans. This study must also examine the. City' s execution of those Funds/ Plans for the past 10 years. Item 7: To review participation and contribution to the three. pension funds: FWB Employees, Fire, and Police. The Mayor announced that Roberts Rules of Order was waived only for the last agenda item. Mr. Hartwell expressed concern over reports from the Finance Director and from a citizen that questionable practices were occurring regarding the General Employees Retirement Fund and the J Police/ Fire Pension Funds, and he felt it was an important enough issue to discuss to make clear as to whether or not any wrongdoing has occurred. Mr. Hartwell advised he wanted to procure an independent agency to study and report on the different legally acceptable methods for executing the General Employees' Retirement Fund, the Police and Fire Pension Funds/ Plans, and that the study must also examine the City's execution of those funds/ plans for the past 10 years. Mr. Miller expressed his concern regarding the participation in and contributions to the City's three pension funds, and advised he wanted to see reports from the professional pension managers detailing payments from the City and details of the complete tracking of City funding and reporting. 8 Special Council 5- 29- 07 PENSION FUNDS ( CONT) The City Manager advised the City receives quarterly reports from professional fund managers for the General Employees' Pension Fund, with the next report occurring in June, and that Council can ask any questions of them at that time. Mr. Miller feels that an independent agency is not needed; that the Finance Director be directed to do a full investigation and give a report to Council at their June 12 meeting, and then the decision can be made whether or not to hire someone to it further. investigate Mr. Minich called for a point of order, stating that if Council wants to debate and move forward with the issue, a motion is needed. The City Manager provided a detailed explanation regarding the three pension funds, explaining that Council serves as the Board of Trustees for the General Employee' s Pension Fund, with an advisory committee comprised of participants of the funds as dictated by the ordinance establishing the pension plan. She advised the Fire and Police Pension funds are separate and governed by State Statute, and they have their own Board of Trustees confirmed by the Council. The City Manager discussed the contributions of the funds, noting that the Police and Fire Pension contributions are determined each year by the actuary, who dictates how much is contributed to the plans. Regarding the Employees Pension Plan, the City engages an actuary who advises how much the City should contribute to the Plan. The City Manager stated that in her review of the actuarial required contribution to the General Employee' s Pension Plan and what the City contributed shows no irregularities whatsoever; the City deposited into the plans exactly what it said would be deposited. She further explained the City does not make a determination regarding the percentage of a contribution each year, that is determined by the actuary during the budget cycle and the percentage is estimated by the City, with any remaining funds placed in fund balance. The City Manager went on record to advise she does not believe there are any irregularities with regard to the contributions to these plans, and that the City is looking at selecting a new investment advisor. In light of the explanation given by the City Manager, Mr. Hartwell withdrew his request to procure an independent agency to study and report on the different legally acceptable methods for executing the General Employee' s Retirement fund, and the Police and Fire Pension Funds/ Plans. The Mayor asked for public input. There was none. Mr. Miller moved to empower the Finance Director to do an independent analysis of the Pension Funds, most particularly the Employee Pension Funds in regards to contributions, and return to Council with her findings. Mr. Minich questioned of the Chair whether the Finance Director already has this power, and if so, Mr. Miller' s motion is improper as she would not be doing an independent analysis, but an analysis. The Mayor stated he believed the Finance Director did have that power; she can be tasked to do an analysis as she is an employee of the City. The City Attorney