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

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 99 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 turnover 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.  Special Council 3 -11 -08 36 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 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. 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. Special Council 3 -11 - 08 37 SUMMARY OF FINDINGS cont. 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.