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

respect for all of their people. He said the 155 people who signed the other document he has the highest respect for them. He said it is not about them, it is what is best for Fort Walton Beach. He stated there are people out there who have called him or sent him emails, he has talked to them. He said he sat here before and talked about leadership in the City of Fort Walton Beach and said before they can fire someone he thought they need to document it in the personnel folder, they need to list things; that the Supervisors have to come out and say you are not meeting the requirements of your contract, you are not meeting the standards, and they need to be documents. He said Lisa was hired November 1, 2006 and they have yet to give her any feedback, any type of documented appraisal or performance evaluation and if they had done their job as her supervisor as she did her job to provide them inputs, they could have put her on restriction, censored her, sent her to sensitivity training; but nothing was done, it has been allowed to fester. He agreed it has been allowed to fester but not one person is all to blame. He said the Charter of the City is not at fault, it has worked perfectly until 2003 when they started getting different interpretations of it and lately when it has been interpreted. He said he reacts to documentation, not allegations, rumors or innuendos as you cannot make them hold up in court. He said he has sat in the chair listening to too much litigation against the City to not think something may come out of this, they have to be responsible. He said lawsuits cost money. He said he has been taught all his life you are innocent until proven guilty, and she has been given no chance to defend herself. He said she is not 100% at fault. He stated with the proper leadership you would not have opened the newspaper to see another article, particularly about the employees of Fort Walton Beach, it is all about them talking to the press. He said someone should have put a gag order of the City employees, don't talk to the press there' s been enough. He said all it did was inflame the issue, agitate it, the citizens and residents alike. He said before they terminate this employee they need some professional advice from the Labor Attorney, what are the legal ramifications. He said Ms. Absher has already filed a whistle -blower claim against the City of Fort Walton Beach; she is protected under whistle -blower laws. He said before they vote on it they may need to table it and consult the Labor Attorney to see what their options are. He thought it is a bigger issue, they need to discipline the person, given her an appraisal and put heron notice for 90 days as recommended by a letter he received. He said in the end you have to protect yourself, you just cannot let someone go. He complimented Mr. Minich and was touched by what he said, and agreed 100 %, but he said this is a difficult situation. Mr. Garvie said when he looked at Lisa Absher coming to the City, he saw a persori who came having done contract work meaning she came into Cities and had to, in a very short time, point out all the discrepancies she saw in that City. He said that is a difficult job but then you leave and someone else has to clear those things up. He said she came into the City not as a contract employee but with that background of doing that kind of work; you do not have to get along with the employees when you are a contractor, but when you are a Finance Director or a Charter Officer with the City of Fort Walton Beach or any other City he believed you have to get along with the employees. He believed that is pretty critical to the job. He took a little offense at one of the comments made about him that he said they should fire both of the employees. He said they had a choice of four things, they could do nothing meaning they could look into something like binding mediation; the attorney tonight convinced him that is not an option. He said maybe it was an option some time ago. He said on the previous occasions when this issue came up he voted to retain Ms. Absher because he always felt, and he spoke to her about it, that she could change and become more responsive or easier to get along with Joyce Shanahan and the other employees. He said he is sad to say this evening that because of what he has read, followed in the news, in the reports and every place else, that he did not think that is possible. He said he will vote along with Mr. Minich. Special Council 3 -11 - 08 47 SUMMARY OF FINDINGS cont. Mr. Hartwell said he felt if Council votes to fire the Finance Directorfor her whistle-blower actions, bringing to light numerous documented improprieties in the budgetary operation of this City, then this Council is voting to endorse those actions. He said he will have no part of it. He felt he took the necessary steps to try to stop the unprofessional actions of the City Manager, privately and publicly, and it is indicated in her appraisals he did. He encouraged every person in the City to look at those Councilmen who vote to endorse the continued actions of the City Manager. Dr. Pullen added he has found it, and he is referring to the City Manager, that he cannot work with the City Manager. Mr. Minich called a point of order. The Mayor noted Council is talking about the Finance Director motion. Dr. Pullen expressed he is fully aware of that. The Mayor asked Mr. Minich his point of order. Mr. Minich stated Dr. Pullen is speaking about the City Manager and the motion on the floor is to fire the Finance Director. He said any comments directed negatively toward the City Manager do not have to do with the motion. The Mayor agreed with the point of order. Dr. Pullen added he supports the actions of the Finance Director. He thought she has done the job she was asked to do but they did not give her the support she needed to do it. He felt sorry for the City if they let her go because there is no checks and balances in the City at all. He said he has seen the overspending, the blatant disregard of the directions of the City Council, and he has seen the City Manager... Mr. Minich called a point of order and said that Dr. Pullen is not speaking to the motion; he is speaking about the City Manager once again. Dr. Pullen said he is speaking to the motion. Mr. Minich asked to hear the Mayor's ruling. The Mayor requested Dr. Pullen to refrain from bringing the City Manager into it that they are talking about the Finance Director. Dr. Pullen agreed and said the Finance Director has pointed out to Council the overspending, the spending beyond the financial limitations established by Council for the City Manager. The Mayor noted Mr. Hartwell withdrew his discussion, so that is not relevant at this time until that point comes back. The Finance Director requested to speak. The Mayor stated she had an opportunity during public comments, they closed the discussion on the floor, and now they are in the debate on the motion. The Finance Director stated she would like to make some tasteful comments if it would be acceptable. Mr. Minich asked the Finance Director what she wanted to say. 48 Special Council 3 -11 - 08 SUMMARY OF FINDINGS cont. The Finance Director stated she has listened to people who do not know her say an awful lot of stuff about her. She has seen articles put in the newspaper that, probably now they all have Google, she will never be able to get a job again in her career. She said a lot of people out there are angry and think she deserves this; she did not agree. She said she is very upset with the fairness of Mr. Mattimore' s report. She wished there was something she could do about it, but there is not. She said she is very upset with the fact that there will be a lot of bad documents put into her file. She said she is very upset about the anonymous letters and other things that have been put in her file since she started working here. She said there is nothing she can do about it. She said she is most upset, and very sorry, for the four people in the green shirts sitting over there, and that is all she can say about that. She thought there is one person sitting in front of them by the name of Melissa Jones that really personally did things that caused a lot. The Mayor interjected to remind the Finance Director she was going to make tasteful comments. Mr. Hartwell requested the Mayor control the audience or to have them cleared from the Chambers. The Finance Director stated she is not the whole issue but she did appreciate the thought that is going to go into the vote tonight. She did think it is so overwhelming out there that she understood their point of view. She said she understood Virgil Miller and she appreciated him for all he has done for her. She said she appreciated Dr. Pullen, and greatly appreciated Mr. Hartwell and she wished he would not resign and continue to fight. She wished that other members of City Council would not have treated her in the way they have. She complimented Mr. Minich on his leadership. Mr. Minich said it was not his intention, through the motion, to make it so that Ms. Absher cannot work again. He said it is just as he stated before, she is not the right fit for this job and he thought by terminating her contract in accordance with her contract, it will give her enough time to move forward, and he is sure she will be able to find something different. Mr. Miller asked if they could call upon their Labor Attorney for guidance on liability protection by doing this since he negotiated the contract with the Finance Director. The Mayor said that was not necessary because it is in accordance with the contract. He said they have had their discussion on Council, provided Ms. Absher an opportunity to speak, and it is time to vote. The Mayor called for the vote on the motion to terminate the Finance Director' s employment immediately with the City in accordance with her contract and it carried by a vote of 4 to 3 with Holmes, Reeves, Garvie, and Minich in favor and Miller, Pullen, and Hartwell opposed. Ms. Absher left the meeting. Mr. Hartwell said he would like to call a Special meeting to discuss termination of the City Manager for cause. The Mayor suggested Council discuss that as a future agenda item during the regular Council meeting tonight at 7: 00 pm. ADJOURNMENT The meeting adjourned at 6:40 p. m. APPROVED: MAYOR: ATTEST: CITY CLERK ddm  M E r0 ZED MINUTES OF THE SPECIAL COUNCIL MEETING 31 OF THE CITY OF FORT WALTON BEACH, FLORIDA MARCH 11, 2008 INTRODUCTION A special meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, March 11, 2008 at 4:00 p. m. in the Council Chambers at City Hall, with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes, Virgil Miller, Dennis Reeves, Bill Garvie, Dr. Wayne Pullen, Jim Hartwell, and Mike Minich. Also Present: Joyce Shanahan, City