City Commission Special Meeting

CITY COMMISSION SPECIAL MEETING MINUTES APRIL 25, 2017 (DRAFT) 4/25/2017 - Minutes 1. ROLL CALL A special meeting of the Lake Wales City Commission was held on April 25, 2017 at 6:00 p.m. in the Commission Chambers at the Municipal Administration Building. The meeting was called to order by Mayor Eugene Fultz. COMMISSIONERS PRESENT: Terrye Howell; Pete Perez; Robin Gibson, Eugene Fultz, Mayor; Jonathan Thornhill CITY REPRESENTATIVES PRESENT: Kenneth Fields, City Manager; Jennifer Nanek, Interim City Clerk; City Attorney Albert C. Galloway, Jr. 2. AGENDA ITEM COMMUNICATIONS AND PETITIONS: Mayor Fultz asked if anyone wanted to speak on any topic besides the one on the agenda. No comments. 2.I. Termination Of The City Clerk Mayor Fultz said that as he was personally involved in the issue he is passing the gavel to the Deputy Mayor to chair the meeting. The labor attorney is present to sit in for the City Attorney. (Begin Agenda Memo) SYNOPSIS The City Clerk has made knowingly false and derogatory statements alleging illegal activity on the part of the Mayor, City Manager and City Attorney. Such false statements serve to undermine public confidence in the City government. They indicate a lack of judgment and trustworthiness on the part of the City Clerk and destroy her ability to function successfully as part of the City's senior management team. RECOMMENDATION It is recommended that the City Clerk be terminated from her position by the City Commission. BACKGROUND In a previous memo to the City Commission (In the Matter of Res 2015-08, attached), I addressed the issue of the differences between the subject resolution as approved by the City Commission and the signed version. What that memo made clear is that the differences between the proposed resolution in the agenda package, and the signed resolution were the result of an administrative error. The wrong version of the proposed resolution was used to enter the numerical values of the fire assessment. These differences were raised in campaign literature and a letter to the State Attorney by mayoral candidate Ed Bowlin (attached). By letter to the City Attorney, the State Attorney declined to investigate this matter (attached). At issue now however, is what was contained in Mr. Bowlin's letter to the State Attorney concerning statements made to him by the City Clerk. In his letter he states: "After reviewing the signed document, I noticed that the City Clerk, Clara VanBlargan, had also signed the altered resolution. I contacted Ms. VanBlargan and asked her if she knew that she was signing an illegally altered public document. She hesitantly told me that she told the City Manager, City Attorney and the Mayor that she was not going to sign the altered resolution. She then conveyed to me that the Mayor threatened to fire her if she did not sign the document. Ms. VanBlargan went on to tell me that the City Attorney directed her to "dispose of ' the original resolution. Ms. VanBlargan said that she refused." Mr. Bowlin concludes his letter to the State Attorney: "I, Edward W. Bowlin, do hereby state that all the statements made herein are true and correct to the best of my knowledge and that I will give these statements under oath." The vital issue is the nature and truthfulness of the statements made by Ms. VanBlargan to Mr. Bowlin which became public when he repeated them to the State Attorney. Her allegations clearly accuse the Mayor, City Manager and City Attorney of potentially illegal and/or unethical behavior with no supporting evidence or basis for such a claim. Such false statements serve to undermine public confidence in the City government, indicate a lack of judgment and trustworthiness on the part of the City Clerk and destroy her ability to function as a credible member of the City's senior management team. The Mayor, the City Attorney and the City Manager all confirm that the events as described by Ms. VanBlargan never took place. She was never threatened by the Mayor with termination. He is not capable of firing her as her employment is "at the pleasure of the City Commission" not solely the Mayor. She was never told by the City Attorney to "dispose of ' the original resolution which she knew was not possible as copies of it existed in multiple locations within the City. After Ms. VanBlargan's statements became public, she approached the Mayor to ask him to publicly support her version of the events and she has asked the Executive Assistant to the City Manager, who was present when the resolution was signed, to similarly attest to her version. Both declined to do so as it never took place the way she has presented it. She has also submitted an Affidavit dated April 12, 2017 (attached) modifying her earlier statements, no longer asserting that the City Attorney told her to "dispose of ' the original documents, but still asserting that the Mayor threatened to fire her. Her attempts to change history and the fact that she never reported the threat to her continued employment at the time it occurred to any authority, further demonstrate her unreliability. Ms. VanBlargan will undoubtedly claim that she is being retaliated against for being a whistle blower. This assertion is .simply not true. Rather, Ms. VanBlargan's claim in this regard is merely an attempt on her part to divert the focus from her misconduct. This is not the first time Ms. VanBlargan has demonstrated this kind of behavior. In a 2011 Performance Review then City Manager Judy Delmar states "Clara does not accept criticism well. She immediately becomes defensive and must always have the last word. She has to understand that criticism is not meant to demean her in any way, but is given in an attempt to correct a problem or improve future performance. This is a trait that has worsened over the last few years, and she must work to improve." This comment could just as easily be made today. In November 2012 Ms. VanBlargan accused then City Manager Terry Leary of violating the State Sunshine law when she criticized the City Clerk of providing information beyond that requested by a citizen and the City Manager not being informed of the additional information being provided. In addition, Ms. VanBlargan accused the City Manager of mistreating her in a staff meeting where these issues were discussed. In January 2013 Ms. VanBlargan was criticized by a City Commissioner for selectively providing information to one Commissioner without providing it to all the Commissioners at the same time. During the same period, Ms. VanBlargan initiated a search for a falsely reported missing chair which impugned the integrity of then Fire Chief Jerry Brown and Support Services Director James Slaton. The allegations were unfounded; but all these matters resulted in a public discussion of her employment issues by the City Commission. My recent request to her to communicate in writing or via email was based on the desire to avoid any further miscommunication or misinformation between us. These matters are in her personnel file along with disciplines I have imposed for actions similar to those cited by previous City Managers. They demonstrate a pattern of behavior. The City Clerk Job Description states the City Clerk shall: "Serve as custodian of official City Records and public documents; performs certification and recording for the City as required on legal documents and other records requiring such certification; seals, and attests by signature to ordinances, resolutions and contracts, easements, deeds, bonds or other documents requiring city certification; catalogs and files all city records." If, when asked by Mr. Bowlin why there were differences between the enacted resolution and the signed resolution, it would have been easy to ask the City Attorney, the Fire Chief and/or myself to determine how the differences between the two came to be. When I looked into this matter after Mr. Bowlin's letter to the State Attorney came to my attention, it very quickly became clear how the wrong version came to be signed and that there was no malicious intent behind the differences. In fact, Resolution 2015-09 the Final Fire Assessment resolution corrected all but one of the errors indicating that they were in fact administrative in nature, not the result of illegal or unethical intent. Mistakes were made and new procedures will need to be in place to prevent a reoccurrence, but using this as an excuse to wrongly and knowingly accuse senior City officials of illegal behavior is not acceptable. If Ms. VanBlargan had at some earlier point simply admitted that she had failed in her responsibility to make sure the resolution to be signed was in fact the one approved by the City Commission, the error could have been easily corrected. However, by attempting to deflect blame for the mistake by making false statements and impugning the integrity, honesty and ethics of the three most senior city officials, she has demonstrated her unsuitability for continuing in her position as City Clerk and remaining part of the City's senior management structure. On each occasion of criticism or discipline of Ms. VanBlargan for her actions by me or my predecessors as City Manager, her response has been to make counter accusations or to raise a public hue and cry necessitating the City Commission intervene. A personality conflict with one City Manager is always possible, but her continuing record of being unable to work effectively with several City Managers, and her making untruthful and disparaging statements concerning the Mayor and City Attorney means the continued employment of Ms. VanBlargan would be detrimental to the City. OTHER OPTIONS Retain Ms. VanBlargan in the position of City Clerk but impose a lesser disciplinary action than termination for cause. FISCAL IMPACT No significant financial impact is anticipated. (End Agenda Memo) Kenneth Fields, City Manager, reviewed the agenda item. Mayor Fultz stated that the allegation that Ms. VanBlargan made that he threatened to fire her did not happen. He recounted a conversation with Ms. VanBlargan asking her if she is lying or Mr. Bowlin was lying. She said that Mr. Bowlin was lying. Mayor Fultz said this was not the first time that Ms. VanBlargan has thrown him under the bus. He shared an incident where a contract was not delivered and blamed him for it when it was on her desk. She deflected the blame off her to him. There's no way he can trust her. OPENED FOR PUBLIC COMMENTS Sue Smith, works in the City Limits, read a letter from resident Peggy Debaugh asking for an independent investigation into the allegations. Ms. Smith said that when handling thousands of documents mistakes occur. Mr. Fields does not like the City Clerk and both serve at the pleasure of the Commission.The Clerk has a lot of responsibilities and needs to review all documents before they are signed. She asked the Commission seek the truth to the allegations with an independent investigation. This leads to distrust in City government. Ms. VanBlargan should not be fired based on hearsay. Chevon Baccus, resident, said that all employees should be treated with respect. This started with the word of a known agitator who has a destructive political agenda who is out to get the Mayor. Her and her sister have spent hundreds of hours and reviewed many thousands of documents. What has been discovered isn't pretty. She recommended that Clara be returned to her job. She has worked with Clara who is a dedicated professional. She has a great breadth of knowledge and background in doing this job. A new City Clerk would be a disadvantage to the incoming City Commissioners. Before this she has had a good opinion of Mr. Fields and the Mayor who has done a good job. She said that strongly expressing opinions as she does and Ms. VanBlargan does can cause conflict. She is in favor of public records being available and transparency. The clerk needs to serve all citizens equally. Mr. Fields and Ms. VanBlargan have different working styles and they should be evaluated. Clara VanBlargan should be allowed due process before being terminated. If this moves forward there may be litigation for a long time. Ed Bowlin, resident, said the document sent to the State Attorney is 100% accurate. Ms. VanBlargan read the document and approved it before it was sent. There is no hearsay here. He is not a fan of the Mayor, City Manager, or City Attorney. Ms. VanBlargan lied about him and threw him under the bus too. Those statements were made directly to him and his wife by Ms. VanBlargan. He has never lied to the City Commission and would not send a false document to the State Attorney. Ellis Hunt Jr a non-resident but his business is in the City. He says our City is going in the right direction. He expressed support for the City Manager and the direction we are going. There has been controversy with the City Clerk over the past. He urged support for the City Manager's recommended. Doris Powell, resident, said this is a personality conflict. She sent an email to all the Commissioners saying this is a power struggle. He is her superior and has power over her. Ms. VanBlargan does a good job as she as worked with her during a few elections. She is not a personal friend. She asked that they give this some thought and time, delve into it before letting Clara go. David Smith, non-resident has property inside the city, he is concerned about how Clara VanBlargan was treated. Why was she escorted out of the building when the termination agreement was signed. Ms. VanBlargan and Mr. Bowlin should both be put under oath regarding this matter. This issue needs to be examined for its merits and not about anything in the past. Clara VanBlargan, resident, read a statement asking a full investigation. She has various documents to support her position. This is a he said/she said situation. She admires Mayor Fultz and Ed Bowlin's recollection of the conversation was distorted and untrue. Mayor Fultz did not threaten to fire her and she never said that he did to anyone. Mr. Fields does not welcome her questions or input. She shared examples of practices that prevent her from safeguarding public documents and protecting public records. She is often criticized for tracking down public records. She does not always have access to contracts to be sure the terms are being followed. If she is reinstated she asks to be allowed to change policies to protect public records. She is often not allowed to read documents before being asked to sign them including the agreement with the City Manager regarding his employment. She said that Mr. Fields is continually hostile to public records. He has yelled at her and ordered her out of staff meetings. If reinstated she would like to bring concerns directly to the commission instead of being at the mercy of City Manager. Chevon Baccus presented several documents for review. Sandy Odom, non-resident, said she has worked with Ms. VanBlargan frequently as treasurer of several campaigns over the years. She has been professional and honest in dealings with her. There is a lack of process in this haste to dismiss Ms. VanBlargan in a job she has had for many years. Her conflicts with Mr. Fields should be able to be worked out if both act professionally. There has been no evaluation done on Ms. VanBlargan since Terry Leary was here. There is no letter of reprimand from Mr. Fields in her file. She hopes that policies and procedures can be developed to rectify this process for Ms. VanBlargan and any future City Clerk. She recommended that Ms. VanBlargan be reinstated and an independent investigation conducted to determine the facts. This seems to be a case of he said / she said. Mr. Bowlin's comments should not be trusted. Ms. VanBlargan has a good opinion of Mayor Fultz. CLOSED PUBLIC COMMENTS Deputy Mayor Thornhill called a recess at 6:48 p.m. so that the Commission could review the documents provided to the Commission. The Commission reconvened at 7:18 p.m. Deputy Mayor Thornhill called the meeting back to order. OPENED PUBLIC COMMENTS Charlene Bennett, resident, said she is concerned about transparency and that no one knows all the facts. She asked if the Commission has spoken with each other. The Mayor responded that they have not. Ms. Bennett asked if they spoke with the City Manager about this. Most responded that they have. Ms. Bennett asked if the spoke with the City Attorney or the Labor attorney. They said they hadn't with the exception of Deputy Mayor Thornhill who said that he spoke with the attorney concerning his duties tonight. She asked if they have spoken with Ms. VanBlargan. Most said they haven't, except Commissioner Gibson who said he spoke with her. Ms. Bennett said she wondered if the Commission has fully explored the situation, as they have new information before them. She suggested giving this more thought to be sure they are thorough in this process. She asked what the role is of the labor attorney in this process. CLOSED PUBLIC COMMENTS Deputy Mayor Thornhill asked the labor attorney to explain his role in the process. Brian Koji, with Allen, Norton, and Blue in Tampa, his role is two-fold. He is here to address any questions the Commission may have during the process and since the City Attorney was named in the allegations he is sitting in on his behalf so that there is no conflict. He explained that the City Clerk serves at the will and pleasure of the commission. She can be terminated at any time for any reason that's not illegal. There are no legal requirements regarding notice or hearings. The only requirement the Commission has is that the vote must be at a public hearing. That is all that is required. Deputy Mayor Thornhill asked Mr. Koji if he spoke to Ms. VanBlargan's attorney. Mr. Koji confirmed that he did last week leading to the termination agreement that was revoked. Mr. Fields said that the issue is truthfulness, trust, and the ability to work with senior officials in the future. There are many accusations that have nothing to do with the main issue. This problem has not been limited to himself but also his predecessors that has been documented. Commissioner Perez said that he has worked well with Ms. VanBlargan during his term and considers her a friend but is setting that aside. The issue at hand is who is lying and not lying and there is no way to figure it out. We could get a private investigator but it would really say the same things. Mr. Fields has been honest with him but he has no idea how he is with the employees. This is a difficult situation and needs help on how to proceed. Commissioner Gibson referred to the Community Survey he did last year before his run for office. The survey included strengths and weaknesses. One weakness was negativity in the community and read related comments. Not sure how to handle this properly without being pulled into the mire. This should be handled in a logical, responsible fashion. Many elements of the accusations are subjective and it is difficult to have hard facts. He reviewed the process with the fire fee resolutions and what happened step by step with the discrepancies between the one that was passed and the one signed. These were not harmful to the fire fee. The problem was cured. These were the objective parts that were of concern to him. The subjective part is difficult to resolve. The City Clerk serves at the pleasure of the Commission but is supervised by the City Manager. The Commission cannot investigate the matter themselves. There are many internal and external accusations that are wildly speculative. We should be standing for stability of the City and not get involved in these accusations. He offered three recommendations. We should have an independent investigation. Hire a private investigator and get to the bottom of this.He recommended someone he worked with before at $75 an hour. The second recommendation is to revisit the position of City Clerk. He and Commissioner Perez recently attended an Institute for Municipal Officials. He said that it is 50 -50 as to who hires and fires the City Clerk. Less than 30 cities have the split system we do. This would be the charter amendment. Third, we need a performance review of the City Attorney. All other cities do. This can be down the road. The first recommendation is the most important one tonight. We need an independent investigation so we can be done with it. Commissioner Howell asked for clarification as to whether or not they, the Commission, could investigate this situation or not. Commissioner Gibson clarified that the Commission themselves could not investigate it but could hire someone to investigate this matter. Commissioner Howell said that this is embarrassing. A person can be a great manager but not a good leader. She has talked to Clara and has advised her about saying things that get her in trouble. A person can't throw others under the bus. she wants to look at the present situation right now. She has enjoyed the management of the City Manager. The head of an organization needs to be mindful of the tail. She doesn't know what happened. She knows people cover themselves when they do wrong. She agrees with an investigation but has no idea how it will come out. Something needs to be done to resolve this. Mayor Fultz said that he and Clara had a good relationship when he was first elected. She helped him a lot. He came to be aware of problems she has had with fellow co-workers. Clara is inconsistent in what she says and embellishes what she says. He saw conflicts in her personality. His wife has observed similar things in Clara. She was trying to put words in his mouth trying to convince him to change his story. She should just admit what she did instead of accusing others. He is at City Hall more frequently than other Commissioners. He will not risk his morality over this. How will it work if she stays if there is no trust and no credibility? He said that he believes she said these things. She is not the sweet church lady that she comes across as. There are some things he was reluctant to tell her things as they might get out. No one should share with the public what is said in staff meetings. Sue Smith asked if he was recused from the vote. The Mayor clarified that he can share his opinion and make a motion but he can't run the meeting. Mr. Fields explained further that because the Mayor was accused he couldn't run the meeting to avoid perception of being unfair during the meeting but the Mayor can still vote or make a motion. Deputy Mayor Thornhill said this situation was similar to the Otte situation when he first got on the Commission. He said he doesn't enjoy this. He has tried to defend Clara repeatedly. These same issues have come up under past administrations. He is not trying to intimidate Clara as has been suggested. He said that there is a signed affidavit. Why sign it if it is not true? He wanted to ask Zailet Suri about statements in one of the letters. This document is D7 in the documents provided to the Commission. Ms. Suri took a moment to read out load Document D7, a letter written by Clara VanBlargan dated May 21, 2015. The letter recounts Ms. VanBlargan's account regarding the signing Resolution 2015-08. Ms. Suri described what happened with the resolution according to her recollection. She also explained that Ms. VanBlargan was not escorted out of the building as stated earlier. Deputy Mayor Thornhill said the request to communicate by email comes from problems with past City Managers and other staff. Mayor Fultz made a motion that Clara VanBlargan be fired for cause. Deputy Mayor Thornhill seconded the motion. Mayor Fultz "YES" Deputy Mayor Thornhill "YES" Commissioner Perez "NO" Commissioner Howell "NO" Commissioner Gibson "NO" Motion failed 2 -3. Commissioner Gibson explained that he was torn as he witnessed none of this and has a high regard for the Mayor, those involved as well as Commissioner Howell. He does not want to depend on the judgement of someone else. He just doesn't have the information, the facts, to fire someone. He wants to get the facts and have personal confidence before firing someone. Deputy Mayor Thornhill made a motion to begin an independent investigation. Commissioner Gibson seconded the motion. Deputy Mayor Thornhill "YES" Commissioner Gibson "YES" Commissioner Perez "YES" Commissioner Howell "YES" Mayor Fultz "YES" The Motion passed 5 -0. Kenneth Fields asked what Ms. VanBlargan's status is. Is she still suspended? Commissioner Gibson suggested that she  is under the City Manager so she is still suspended. Deputy Mayor Thornhill recommended a charter change be prepared to change the status of the City Clerk. The other Commissioners agreed. Deputy Mayor Thornhill thanked everyone for being civil tonight. 3. COMMUNICATIONS & PETITIONS The commission meeting was adjourned at 8:48 p.m. _______________________________ Mayor/Deputy Mayor ATTEST: ___________________________________ Acting City Clerk Jennifer Nanek