Tuesday, January 16, 2007

Charter violation confirmed

I have confirmed information from two reliable sources that the Brooksville City Council has violated the intend of the city charter by placing Chief Tincher, Lt. Hankins and Ron Baker on administrative leave. The “hired gun aka labor attorney” for the city of Brooksville has issued the first opinion in response to questions surrounding the alleged violations of the city charter. It seems that this “labor attorney” hired by the Brooksville City Council has come back with the opinion that the city manager is the only person responsible for personnel issues relating to (city) employees. With this opinion, the city manager, not the city council, has ultimate responsibility for all personnel issues, including the placement of employees on administrative leave.
How many lawsuits will be spawned with this micro-managing of Mayor David Pugh, Councilwoman Lara Bradburn and Councilman Joe Bernardini for the violations of the city charter? Who knows, but a full re-instatement of these three employees by city council needs to take place today!

7 comments:

Anonymous said...

RE: Spawned lawsuits
Does the hired gun aka labor attorney know how many spawned lawsuits have been settled/paid out (taxpayer dollars)for the unprofessional behavior of Mr. Anderson/city manager? Seems to me that the city manager is a big part of the problem. Any reference to that in the charter? What to do? I thought that he resigned anyway. Therefore it makes sense that the council would step up. I'm all for cleaning house and moving forward. Enough of the nonsense.
Taxpayers will foot the bill for the "hired gun" as well. Big me$$!
Principals before personalities. Nice guy or not, somebody messed up. Investigate, report, re-sign or resign.
New year - clean slate.
Get on with it. Move forward. Improve Brooksville, quit wasting money & time.

alc said...

Actually the hired gun I spoke of is a labor relation attorney voted on by the Brooksville City Council (1-11-07) to answer the questions about possible violations of the city charter in reference to city employees. Mr. W. Reynolds Allen of the law firm Allen, Norton & Blue (with offices in Coral Cables, Orlando, Tallahassee and Tampa) faxed a detailed letter to the city manager, dated January 12th, outlining their review of the city charter. The letter from this law firm speaks for itself. I included a portion of the text from this letter below but the entire letter can be viewed with a public records request from the city of Brooksville at 201 Howell Avenue.

In part, from the letter that is now part of public record from the law firm of Allen, Norton & Blue: Quote, "My review of the Charter does not reveal a reservation of any role for the city council with respect to personnel actions except as they relate to the employment, compensation or removal of the city manager, city attorney and outside consultants. It is our opinion that the city council as a body and the individual members of the city council should not involve themselves in personnel matters involving the supervision and/or potential disciplinary actions of the city employees except the city manager and the city attorney. While city council members generally enjoy immunity from suit so long as they act within the scope of their authority, when they act outside the scope of their authority, they are subject to individual lawsuits with no immunity if it is proved they acted outside the scope of their authority", unquote.

Anonymous said...

Does the city charter address who is in authority when the city manager has been removed? I really don't know. Just guessing about the city council having authority.
How do they move forward and get off "stuck" or train wreck? Who is second in command?
I just "assumed" it's the council.

alc said...

The city council is not second in command, per the charter, except in the personnel items related directly to the city manager, the city attorney or outside consultants. Richard Anderson is still in charge until February 7th since he gave a 30-day notice with his resignation. After that date, the city council appointed (on 01-08-07) Steve Baumgartner /director of the finance department, to be interium city manager until a new manager is hired to replace Mr. Anderson.

Anonymous said...

Thanks for the information. Much to learn here.
I do not think that Lara Bradburn is a dummy
and I know that she is not new to Brooksville.
I believe that there was and are some serious problems that need to be addressed.
Not grand-standing or throwing ones weight around. Sure started off with a "bang."
You may not agree but I think she is sincere in wanting a better Brooksville.
Hopefully this will be resolved soon.
To be continued.

Anonymous said...

You can't "reinstate these three individuals" while an internal investigation is going on, Einstein. We all look forward to your next syllable with great anticipation.

alc said...

I, too, hope this issue will be resolved soon, Yes,Lara Bradburn is a very intelligent woman and is a native Broosvillian. There needs to be some firm leadership in this crisis soon to alleviate any long term fall-out for the city...I certainly hope cooler heads will prevail at next Monday's council meeting.