Fort Walton Beach Council agenda — 03-25-08 regular agenda — reading text

attorney that the pension attorney said he would not communicate with her except in writing. Mr. Miller asked Mr. Mattimore in dealing with the people in finance if he asked them how their overtime currently compared to overtime in the last year as far as relationships and workloads and so forth. Mr. Mattimore did not recall how overtime changed coming up. Mr. Miller asked Mr. Mattimore why he would make a statement that " all but one of the Finance Department employees ", and how he could draw a conclusion like that when he only interviewed six. Mr. Mattimore replied he was referring to those he interviewed and they appear on the witness list. He said it was all but one of the Finance employees that appear on the witness list. He said all but one of the Finance employees he interviewed, which included five key finance employees, described this in that way. Mr. Miller asked if those five key employees worked in the same section. Mr. Mattimore replied they all described to him that they worked in the Finance Department, they have different duties and different jobs but they work in the same general working place. 34Special Council 3 -11 - 08 SUMMARY OF FINDINGS cont. Mr. Miller asked where the information came from that the City' s Pension Counsel, despite his excellent reputation in the legal community was AV rating by Marti ndale- Hubbel, the highest rating an attorney can achieve from his peers. Mr. Mattimore replied that is something he knew for a fact. Mr. Miller asked why that was included and asked if that inflamed the report to contribute information. Mr. Mattimore replied no, not if it is a fact. Mr. Miller asked Mr. Mattimore if he was paid to be a witness, to provide testimony. Mr. Mattimore replied he was paid to find facts. Mr. Miller commented there were things brought up, and adjectives were included and what he saw. Mr Minich stated if Mr. Miller is not asked questions, he protested. Mr. Miller asked Mr. Mattimore why he would make the same statement twice on one page that all save Barnes either expressly or impliedly stated they would resign if Absher remains Finance Director. Mr. Mattimore replied he thought that is one of the most important facts that came to light as a result of the investigation and deserves that sort of attention and is important to note. Mr. Miller asked Mr. Mattimore why he used the words "universally well respected" when the sample was so small. Mr. Mattimore replied he thought the people he interviewed were key managers and employees of the City, and that is a factual statement that is born out by the interviews. He talked to a lot of people for three days and that was the result. Mr. Miller asked Mr. Mattimore if he asked Carole Jones why she did not report to the City Manager or to someone that Absher had attempted to force Jones in approving a requisition without the consent of the City Manager and Jones had said that violated City policy. Mr. Mattimore replied he did not ask Carole Jones that question but he would have to go back to listen to the tape if that came up in conversation. Mr. Miller asked Mr. Mattimore if he asked Tom Murray why it wasn' t reported to the City Manager or brought before the Council when he said that Absher exceed her spending authority by ten times the authorized amount on one occasion, and on another occasion transferred funds without authorization which caused a funding shortage and requisition delays for his Department. Mr. Mattimore replied he did recall that and maybe that was brought up and he would have to listen to the tape, but he did not challenge anyone on why they were bringing forward information that they thought was relevant to this point; he was gathering information and not trying to attack information. Mr. Miller asked Mr. Mattimore if he asked Mark Wiltsie, in his interview when he accused the Finance Director "misallocates funds to delay progress'' why he did not bring that information. Mr. Minich interjected that Mr. Mattimore has answered those questions in general. Mr. Miller asked Mr. Mattimore if he provided the information that those were grounds for malfeasance and they could prosecute the financial record. Mr. Mattimore replied his job in the process was to gather information within the scope of the investigation and not to impinge it in any way by trying to cross lines. Mr. Reeves asked Mr. Mattimore if the Finance Director had anyone to specifically talk to. Mr. Mattimore replied Ms. Absher mentioned people who were then contacted and she was given the opportunity to provide additional documents and she provided a number of additional documents; she was given free reign to allow them to see and hear whatever she wanted them to see and hear. Mr. Reeves asked Mr. Mattimore if it was a candid interview with the employees who came forward without specific, leading questions to ask. Mr. Mattimore replied there were no leading questions, they were factual questions and then some open ended questions that would allow them the opportunity to take the conversation and dialogue where they felt it important. Mr. Reeves asked if everyone, including Ms. Absher, seem very candid and valid. Mr. Mattimore said he found everyone to be cooperative and to desire to provide him information, including Ms. Absher. Special Council 3 -11 - 08 35 SUMMARY OF FINDINGS cont. Mr. Garvie asked Mr. Mattimore when or how he saw the situation developing. Mr. Mattimore replied he first got some wind of it when he was asked by Council to assist in the development of a contract for the Finance Director, it was clear there was some communication disorder starting to fester, and rarely but from time to time in the other context of his work with the City he would catch wind of rumors and concerns floating about. He said he counseled against over reaction to them but as of late some conversations he has had with the Mayor and Councilman Pullen he thought it had reached the point where some more formal action was probably appropriate, so he thought the Mayor's charge was a good idea. Mr. Garvie asked Mr. Mattimore if prior to the investigation if he had given any advice to anyone with regard to this situation. Mr. Mattimore replied on one or two occasions there was a question that came up that he weighed in on regarding an issue having to do with a personnel file and an issue having to do with public records. He said he had not been asked to advise about any kind of action or any complaint or complaint from the Finance Department about their work environment. Mr. Garvie asked Mr. Mattimore as the City's labor attorney if he saw it as his responsibility to give some advice on what he thinks should be done as he perceives something like that. Mr. Mattimore replied if he was asked, he was not made aware of the nature of the situation. He said when the five or so people in the Finance Department came to speak to him about their work environment, it was all new to him, he was not aware of the nature of the problem. Mr. Garvie asked Mr. Mattimore if he would make a recommendation that the City look into some kind of binding mediation. Mr. Mattimore replied if he was asked he would say the City has an obligation to ensure their managers do not create a hostile work environment for their subordinates and they have to take all steps to see that does not occur. He did not know if he would recommend mediation in this particular case, this is not the kind of thing that would lend itself to mediation. Dr. Pullen acknowledged he approached Mr. Mattimore about his concern with the City and asked 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 the Manager use profanity in the workplace, and the Finance Director answered that question by saying the City Manager used profanity. He said he asked what the profanity was and she told him what it was. 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. 36Special Council 3 -11 - 08 SUMMARY OF FINDINGS cont. 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. Mattimore replied that it did but it had to do with her interaction with employees and Charter Officers in the workplace, which he thought was Dr. Pullen' s primary concern he expressed to him. Dr. Pullen asked if 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