HomeMy WebLinkAbout02-03-04 Minutes SS Verbatim
VERBA TIM TRANSCRIPTION OF THE OCOEE CITY COMMISSION SPECIAL
SESSION HELD FEBRUARY 3, 2004
CALL TO ORDER
Mayor Vandergrift: This is a special meeting of the City Commission called by
Commissioner Howell to discuss uh, fundraiser efforts? I've got the wrong agenda -
Education Meeting - discuss the contract with the City Manager. And I would like to set the
stage in talking about statesmanship, personal integrity and common sense. I hope will all
apply to this. With that I'm going to ask that the City Attorney tell us about where we are and
where we might go.
City Attorney Rosenthal: Well I can answer the question as to the provisions of the contract.
The City has an employment agreement with Mr. Gleason, which by its terms has just
extended automatically for an additional one-year period to April 18, 2005. The contract
provides, in a provision in paragraph 7, for procedures regarding termination by the City,
which is all subject to the provisions of Section C-22 of the Charter. It provides that the
employment agreement may be terminated subject to the Charter provisions at the will and
pleasure of the City Commission. It goes on to then address provisions under which the City
Manager, if terminated, would, and would not, receive essentially severance pay and other
benefits. There is a detailed provision dealing with if an employee - if the City Manager is
involuntarily terminated by a majority vote of the City Commission then basically providing
for a three-month severance pay package, health insurance benefits, and a number of other
comparable provisions. A resignation, a voluntary resignation, by the City Manager, in lieu
of termination is considered an involuntary termination under the contract for purposes of
those provisions and would entitle to severance pay. The circumstances under which - and
termination does not require cause, so the employment agreement does not address cause or no
cause, with or without cause in any way. It then provides for a limited number of
circumstances under which, if the City Manager were terminated, there would or would not be
an obligation to provide the three months severance pay package. The circumstances under
which the City Manager would not be entitled to a severance package would be dishonesty
with respect to business and operation of the City, violation of City drug policy, refusal to
cooperate in an investigation involving any aspect of the business or operation of the City
conducted by or at the direction of the City Commission, conviction or pleading of nolo
contendre to a felony or a crime involving moral turpitude, or causing the City to be found in
violation of law through gross neglect or willful or intentional conduct by the employee. As I
indicated at the beginning all of these provisions are subject to the procedures set forth in
Article IV Section C-22 of the Charter, which essentially provides a two-step process in
certain due process protections to a City Manager. The first step of any process would require
an affirmative vote by a majority of all members of the City Commission, which would be
three votes without regard to the number of persons present, adopting a preliminary resolution
stating the City Commission's intention to terminate the employment of the City Manager, and
such preliminary resolution could address suspension of the City Manager from duty for a
period of time not to exceed 45 days. It does not have to include suspension. If it does
include suspension the Charter provides that the City Manager would continue to receive his
salary during the period of suspension. If a preliminary resolution is adopted, that would be a
Verbatim Transcription of the City Commission Special Session to Discuss City Manager Contract
February 3,2004
resolution which would need to be reduced to writing, delivered to the City Manager, and the
City Manager then would have five days from receipt of the resolution to provide a written
reply and/or a written request for a public hearing. If there is a written request for a public
hearing then a regular or special meeting of the City Commission would need to be held no
earlier than 15 days and no later than 30 days after the City Manager's request for a hearing is
filed. At that hearing, or if the five days pass without a request for a hearing, the City
Commission could then by a majority vote of all the members, again a minimum of three
votes, adopt a final resolution, or not adopt a final resolution, terminating the employment of
the City Manager which may be made effective immediately upon adoption. That would be a
decision of the City Commission as to the date or time of any effectiveness of such a final
resolution. And that is the summary of the Charter and employment provisions relating to the
termination of the City Manager.
Mayor Vandergrift: I apologize to the Commission, I did not have roll call first. Madame
Clerk, would you call roll?
City Clerk Grafton called the roll with the following responding: Mayor Vandergrift,
Commissioner Howell, Commissioner Anderson, Commissioner Johnson, and Commissioner
Parker.
Mayor Vandergrift: Let the record show that Commissioner Anderson showed up five
minutes late and I didn't do it to avoid him not being here or anything, so, anyway.
OK, I will say to you one of the things that we are faced with here tonight is to, whether to
have citizen involvement. City Attorney has advised me earlier that we do not have to hear
from the City Manager, we do not have to because it's a special session to hear from the
public, and I would ask you all to vote on that in one way or the other after perhaps
Commissioner Howell has made his statement as to what he would like to do in this meeting.
Commissioner Howell.
Commissioner Howell: Well, Mayor, I asked for this special session because of personal
differences between City Manager and myself on certain things that have been said and done
that we disagree on. And I just figured there's been a lot of water under the bridge and, in my
opinion, I just, I just don't have the trust that I had in him. It's not the fact that I don't think
he can do the job. I think he could be a good city manager, but I think sometimes he forgets
to stop talking when he should and puts his foot in his mouth sometimes. And a little political.
But, uh, it's just when you lose, you trust, you try to get it back but it's just not there.
Mayor Vandergrift: Do you have a proposal of the direction you would like to take?
2
Verbatim Transcription of the City Commission Special Session to Discuss City Manager Contract
February 3, 2004
Commissioner Howell: Well, it was my intention to ask, instead of - I don't know how the
rest of the Commission feels - but, uh, instead of terminating the City Manager, to ask for
his resignation, uh, with, uh, his severance pay and his benefits.
Mayor Vandergrift: Are you asking for that now?
Commissioner Howell: That's what I said, yes sir.
Mayor Vandergrift: City Manager, would you respond to that? Where'd he go? I thought
you were down there.
Commissioner Parker: (Whispering) Do we all get to speak?
City Manager Gleason: I do not intend to resign. I have not done anything wrong.
(Applause from audience)
Mayor Vandergrift: I would ask that you please restrain yourself from outbursts like that.
Statesmanship.
City Manager Gleason: (speaking at the same time) According to the Charter the Commission
has the right to terminate with or without cause. It's your choice as elected officials and I do
not intend to resign. As I said earlier there's not a thing I've done wrong. I think that we've
done an excellent job and the City's moving in the right direction. I think there has been false
and misleading information has been relayed to Commissioner Howell. I think that could be
verified here tonight, if you so need. But other than that, I choose to not use this forum in
defending myself and get involved in any discussions. If it's the sole desire of this
Commission to move forward with termination, I will tell you now that I will acknowledge the
fact that I will request a public hearing at a later date. We will air this issue out. The citizens
of this community can decide. Since we have an election with three incumbents and three
incumbents have challengers, I think it's appropriate that whatever decision be made would be
made after March 9 with whatever commission is elected. Let them determine who needs to
be the City Manager.
Mayor Vandergrift: Thank you. Commissioner, you have your answer. Do you have
anywhere you would like to go with it?
Commissioner Howell: That being the case I would make a motion to terminate the City
Manager's contract.
City Attorney Rosenthal: Commissioner, procedurally if that's what you desire to do the
appropriate motion would be to adopt a preliminary resolution stating the intention of the City
3
Verbatim Transcription of the City Commission Special Session to Discuss City Manager Contract
February 3, 2004
Commission to terminate the employment of the City Manager. If you desire to set forth any
specific reasons in that motion you may and unless you specifically state that it would also
state that he would be suspended during that time period then he would not be suspended and
would continue as City Manager until such time as the, uh, final action is taken.
Commissioner Parker: Can I ask a question? Prior to the vote will each of us have a chance
to make a statement?
Mayor Vandergrift: Yes, you will.
Commissioner Parker: Thank you.
Mayor Vandergrift: Commissioner, do you wish to rephrase your motion? Do you
understand everything the attorney said?
Commissioner Howell: No.
City Attorney Rosenthal: OK. First, Commissioner, is it your desire to have suspension
included or not included in your motion?
Commissioner Howell: Included.
City Attorney Rosenthal: Included. OK. Is it your desire to state any specific reasons for the
suspension or just leave it without a list of reasons?
Commissioner Howell: Without.
City Attorney Rosenthal: OK. Then it will be my recommendation that if that's your desire
the appropriate motion would be a motion to adopt a preliminary resolution stating the
intention of this City Commission to terminate the employment of the City Manager pursuant
to the provisions of his employment agreement and Article IV of the City Charter and during
and to suspend the City Manager from duty for a period not to exceed 45 days, and that the
City Clerk be directed to reduce the resolution to writing and deliver a copy of the resolution
to the City Manager. And in connection therewith, advise the City Manager of his right to
provide a written reply and/or request a public hearing.
Commissioner Howell: So moved.
Mayor Vandergrift: Do I have a second to that?
Commissioner Anderson: I second that.
4
Verbatim Transcription of the City Commission Special Session to Discuss City Manager Contract
February 3, 2004
Mayor Vandergrift: Commissioner Howell made the motion, Commissioner Anderson
seconded it. We're open for discussion. I would say to you since we are going to be
compelled to have a public hearing five days from now, perhaps the City Commission should
make statements and then we call for a vote and we will go on to a public hearing if necessary.
City Attorney Rosenthal: Yes, Mayor, let me just clarify. The public hearing, if one is
requested, would be held no earlier than 15 days nor later than 30 days after the request is
filed and that would be from the date of the request for a hearing by the City Manager and that
date would need to be set by the City Commission following the written response from the
City Manager, if he provides one.
Mayor Vandergrift: OK. Commissioner Parker.
Commissioner Parker: On January 6 we had a public hearing, a regular commission
meeting, at that time we were advised in public by the Human Resource Director that this was
the public hearing prior to the date that we had to decide whether or not to modify, terminate,
or renew, or make any comments whatsoever, about the employment of the City Manager. At
that meeting all anyone of us had to do if we had a problem with the City Manager, granted
less than thirty days ago, was to make a slight statement that would say, "I wish to proceed in
another direction and I do not wish to renew." Or, "I have some other ideas and I would not
like to renew at this time." At that time we would have been able to have the contract not
renewed. The City would not have been obligated to pay three months severance pay. And
the pay that we will pay between now and the time of the public hearing, and not one person
up here had strong feelings enough to make any statement whatsoever. I believe that did a
great disservice to the citizens of this community if their intention was to be here today to do
that and not only put Mr. Gleason and his family through a month of thinking everything was
fine. And I'm sorry no matter whether you like him or not, you do not dangle someone's
employment in front of them like a carrot and continually pull it back. That simply isn't right
no matter whether you like him or not. In fact, no elected official sitting up here had strong
feelings enough to place in writing or to go personally to the City Manager with any criticism
or evaluation that showed that they had a problem with him or his performance. This is taking
place now after the fact. I am concerned about the timing. This is an election time. There's a
lot of stress. There are a lot of rumors. There's a lot of hearsay. There's a lot of gossip. As
elected officials in any city, including Ocoee, we choose to serve in this public eye. We place
ourselves in a fishbowl. Right or wrong, we are living in that fishbowl and it is of our own
making. If we subject ourselves and our families to gossip, if we do something that causes
some embarrassment to us or our families, no one is responsible for putting us in that fishbowl
but us and that comes with the territory. And I do accept that. It isn't always easy for us. It
isn't the City Manager's job to protect us from what we do to ourselves in that fishbowl either.
It's a shame when we allow rumors, innuendos, and struggles for personal power,
consequences of our own actions and our infighting amongst ourselves to become an
5
Verbatim Transcription of the City Commission Special Session to Discuss City Manager Contract
February 3, 2004
embarrassment to this city. And it's undeniable that we, and I include myself in that, have all
done that. I believe that today, Ocoee' s in better shape financially, I believe we have a vision
that we are moving toward, and I cannot think of one proper direction that has been given to
the City Manager - and I will explain what I mean by that - The way our government functions
we have five equal elected officials who are given one vote. When we want something done,
when we want to give directions, when we want to move the City in a certain manner, we
have to bring it up in this public forum and we have to have a majority vote. I cannot think of
one consensus direction, one vote direction, that has been given to this City Manager that he
has not done his best and carried out. If there had been, I believe that that would have been
terms for anyone of us to go to him in writing in his evaluation, or on January 6 when given
the opportunity to say so. If I am wrong, I would like someone to tell me what that direction
is that he was given. None of us are perfect, including him. We are all human. I'm sure that
we wouldn't want to be governed by anybody who was perfect, because none of us are. I was
also asked by one of our residents who could not attend tonight to pass along a couple of
comments and questions for us to consider. Barbara Anthony could not be here tonight. She
is ill and did not think that she should be here. She wants us to think about the timing - 30
days from an election. None of us should...
Mayor Vandergrift: Excuse me, Commissioner, are we going to allow public comment?
That's kind of public comment there, or are you through with your comments?
Commissioner Parker: Well, her comments probably could be passed on as mine as well
then. I'll go ahead and make them as mine. Here we are 30 days from an election. None of
us know who will be sitting in three seats up here. We don't have any crystal ball. At
minimum we should consider not making this decision until after that election. Why?
Because you may end up with somebody who wants to reverse that decision. That complicates
matters further. (b) You end up with an additional issue that can be used by either side of
feeling during this election that will take precedence over what true issues of this election
should be. Also we need to consider facts and proof. The citizens deserve to know what has
been done other than personal disagreement, other than rumors and innuendos, that this man
has done wrong. That's all I have to say this evening.
(Applause from the audience)
Mayor Vandergrift: Thank you. Commissioner Johnson.
Commissioner Johnson: Let Commissioner Anderson go ahead. (Then words too quiet to
hear)
Mayor Vandergrift: ...it's on now.
6
Verbatim Transcription of the City Commission Special Session to Discuss City Manager Contract
February 3, 2004
Commissioner Parker (at the same time Commissioner Johnson is saying words too quiet to
hear): He's been out of town. He's been given a chance to think here.
Mayor Vandergrift: Commissioner Anderson.
Commissioner Anderson: I don't have any comments.
Mayor Vandergrift: You what?
Commissioner Anderson: I don't have any comments.
Mayor Vandergrift: You don't have any comments. OK. Commissioner Howell, do you
have anything further you would like to add?
Commissioner Howell: Nope.
Commissioner Johnson: In - as always - things like election time, we come up with some
kind of fiasco. Looking out at people in the audience, I can point out, like I've said before,
the only time they're here is when we have this problem. I could name them, but they know
who they are. I'm not going to get into a big argument tonight and raise cain and fuss. I've
been gone out of town. I don't know if everybody thought I wasn't going to be back tonight or
what. I guess it doesn't really matter, but I made it back at 5:00 o'clock is when I got the
information about the meeting, so...It disturbs me that we always have this stuff and it's
always somebody trying to cause problems during election time. Always throwing out the
rumors, or throwing out, as Nancy says, Commissioner Parker, uh, we, uh. It seems like
people just have to cause problems during an election, especially ones that never win. They
seem to be around causing problems. It just keeps going, and I'm - and ex-employees, you
know, it's all going to come out. It's always an ex-employee or an ex-somebody wanting to
cause problems. And that's the kind of people that always seem to be there and then all of a
sudden when the problem's not here, like Jim or Ellis Shapiro, they're not there any more.
They'll come back next year or two years from now when we have an election again. There's
always people going out and telling everybody rumors. You know, it's just like election
started a couple of weeks ago and it's already out...I got off the plane today and got home and
I was told I was on a free trip. Spreading - one of the commissioners and he knows who that
is - so, you know, six years ago when I was told I got a new car, a new truck, and all
because I support the City Manager. I supported Ellis Shapiro and caught crap all the time
about it, and I support Jim Gleason, which I didn't support him as a commissioner, because he
didn't, in my opinion, do a good job as a commissioner. Nothing against you, Jim, but you
know that you and I had problems. But he is a great City Manager. He has done the best part
for this city budget that has ever been done. And bless Ellis's heart, Ellis let it get in the
control of some of the employees that shouldn't have been in control of it. And that's the
problem. The same cancer-eating people are doing the same thing they always do during
7
Verbatim Transcription of the City Commission Special Session to Discuss City Manager Contract
February 3,2004
election time. And they're doing the same thing they'll be doing if the citizens of this town
and the big business people doesn't put a stop to it. And I don't know what happened with
Danny, or with Anderson, or the Mayor... well I do know, the Mayor has always wanted it
that way. It don't matter if it's - who is sitting up here. Jesus Christ could be sitting here
and he wouldn't go with it. I didn't write a speech down. Everybody gets so mad at you
when you make a statement and citizens get mad at you and I, like I said, I can point you out,
I can sit here and look at you and I'll tell it, doesn't bother me one bit, 'cause seventeen years
I've had everyone of them, and I can point you out, to try it. And I look forward to it. It just
makes me work harder. But Jim Gleason is a good person. He's highly anxiety-wise and I've
told him and told him, but his heart is in the right place. He does the right job and he does it
for the employees and the citizens and everybody - there's guys up here that sit up here they
think somebody's getting something instead of them. The biggest complaint a couple of these
people is well, he's getting something I'm not getting. Just go up there and ask the guy to do
something and he'll do it. If it's at all possible to do something, he'll do it. So what's the
problem? But the whole point comes down to in this city, and there is argument up here, but
there wouldn't be argument up here, but there is a couple of people, and everybody knows
who one of them is, if he wasn't stirring the pot all the time. And it's a constant pot stirring.
And I could tell you what else it's called, but it's not nice to say it in public. But Jim
Gleason, and like I said, I won't say it 'cause it's going to come down to the hearings and
there's going to be a lot more people sitting in here supporting Jim Gleason before we're
done. It ain't going to be over with. And I'm telling you, it goes far away from just the
citizens. It goes to people that's involved in the City with functions that's going on. It goes
with employers that, like where I work, that have been calling and left all kind of messages on
my phone today, that support this town with giving $75,000 a year in donations, that are upset
about it. This guy does his job, but because a couple of people just can't stand it, just like
always, it stirs the pot. And one can't hold to the fire. That's the problem. One guy can't
hold to the fire. So, like I said, I'll not be voting against Jim, and I personally think it's a
terrible shame that the guy's done a great job, the budget's in the best shape it's been in in
years, employees are in great shape, and like I said, I just think we need to all take a step back
and look at what's going on. But that won't happen, cause it seems like I can remember the
night we sat in that in that same room in there with the same person making the same motion
to do away with the other guy. I was hoping that was gone beyond. But it hasn't. So, a lot
of stuff's going to come up, but I just want the citizens of this town and the newspapers to
print what is really the truth. Where's the cancer come from? You know, look at the true
stuff. You know, the people that cause the problems, they are there. You know, but they just
can't stand it, you know, when somebody else is there and they just, it just gets into it and
they have to eat at it. And that's the problem. Citizens are the ones that always listen and
make the statements and vote for people up here. But Jim's not voted on. It's done by people
up here. So we're supposed to have the wisdom to do what's right. So, like I said, I'll be
supporting him and, like I said, I'll see what happens.
8
Verbatim Transcription of the City Commission Special Session to Discuss City Manager Contract
February 3, 2004
Mayor Vandergrift: Through?
Commissioner Johnson: Yep.
(applause from audience)
Mayor Vandergrift: I have a number of pieces of evidence that's going to influence my vote
tonight, and I would like to share some of them with you. This is an e-mail
Voice from audience: Mayor
Mayor Vandergrift: Pardon?
Same voice: Can't hear you. Talk into your mike. (Other voices joined in with same
comments. )
Mayor Vandergrift: Can you hear me now? Turn your phone on.
Commissioner Parker: Have these e-mails and things been verified and that we know what
we're looking at here, because I would hate for us to be doing something up here and have
something come back to haunt in any kind of litigation. Is there a way to be careful here?
Mr. Attorney, are we, is it wise to be presenting evidence for things, other than just making
general statements?
City Attorney Rosenthal: I think each member of the Commission has the prerogative to
express their views, substantiated or unsubstantiated. I think with the recognition that, you
know, the substantiation issues mayor may not become an issue at the time of the public
hearing. Obviously, each of you need to exercise your own judgment in terms of anything you
say to the extent a statement turns out to be false, but, I mean I think as legislators, you have
that pretty broad prerogative to express your views.
Mayor Vandergrift: I think, Commissioner, if you feel like that anything I might use is not
substantiated here, you have every right to investigate it yourself. This is a e-mail, I do not
know who it is to. It came into my hands, sent Thursday, August 8, 2002, at 10:00 p.m.
Subject is "He did it." And it goes on to address whomever it is. We can't make it out
because it's been blacked out. "Do not worry about him. He will never change. Budget
workshop last night finished in two hours. There were a few questions and requests for some
information, but all in all, three out of four supported it. Mayor did not show and Howell is
mad over Vicki Prettyman and he hates Johnny Farmer. Johnny is going - doing a great job
running it like it should be, should a real business. Revenue up a lot. Maybe Danny was
sharing the blank with Vicki, Bruce and Tony. I paid over $500 out of my pocket to get him
9
Verbatim Transcription of the City Commission Special Session to Discuss City Manager Contract
February 3,2004
to zero with the City. Thank God with Martha and Lenko going over travel and credit cards,
utility bills, etc., he would have looked bad. Guess that does not mean much to him, though.
I bet we will have a three to two vote on the budget. I think I can beat the Mayor and Danny
on the budget. We only need $89,000 for a roll-back. I got the Commission to OK moving
sanitation franchise fees back to General Fund where they should be anyway. This will add
$180,000 to General Fund Contingency and not affect the budget at all. The other three can
vote to cut $89,000 out of a, out of the $180,000 still leaving $91,000 extra. It would be hard
for the Mayor and Danny to vote against a roll-back and they would reluctantly have to accept
changes to Julian, Shelly and Sherry's grade and pay in addition to any other changes.
Anderson was cleared in the first ethics issue. They ruled no cause to investigate any further
and no violation. Signed, Jim."
During the last election an e-mail was sent out to the Police Department and Fire Department
distribution list from James Gleason. It would have been February 22, 2003. "As City
Manager I cannot involve myself in municipal elections. I do have a right to inform my
employees of comments, negative or positive, concerning our performance and how we serve
our citizens. I do have a right to defend this performance of our Police Department or any
other department that may be attacked by the Mayor and the two challengers he has endorsed.
We as staff are aware the Mayor wants to change Ocoee from a strong Commission/City
Manager form of government to a strong Mayor form of government. He made it very clear
in the Orlando Sentinel article dated January 14, 2003, that he intended to work to defeat
Commissioner Parker and Anderson March 11, 2003. It offends me that Mr. Bowen would
simply imply on his web page that our Police Department does not patrol our communities.
Since the Mayor - Mayor Vandergrift - has endorsed both candidates challenging the
incumbents in this election, he too must agree with the challenger that Ocoee is not safe for
our citizens. The Mayor believes we can have a voluntary fire department, and can also run
the City with grants and volunteers. I would encourage it - I would encourage all of you to
monitor this election, as it could have a direct effect on your life and that of your family. I
will not endorse candidates or tell any employee how to vote. I do encourage you to monitor
the web pages of the challengers and incumbents and feel free to express your comments or
concerns." That was copied, uh, well I don't know that it was copied to anybody.
Most recent one to Paul Rosenthal, and All Users Distribution List. "City Attorney Paul
Rosenthal, It is with deep concern for the integrity of open government and the ethical
practices of our elected officials that I am reporting my limited knowledge of a possible
violation of the Florida Sunshine Law. I send this e-mail with a heavy heart and extreme
anxiety as I know there is no possible positive conclusion to taking this step. I believe deeply in
appointed and elected officials honoring and following the law. If we do not set the example to
ensure the integrity of government how can we ask our citizens to support or have faith in our
governmental system. Appointed officials like myself and all elected officials should be held to a
higher standard and accountability.
10
Verbatim Transcription of the City Commission Special Session to Discuss City Manager Contract
February 3, 2004
"I know this action my lead to my termination as Ocoee City Manager and may also affect my
ability to obtain employment as a city and or county administrator, but I cannot compromise my
ethical, moral and professional principals and allow this repeated pattern of abuse and violations
to continue.
"In the end I have to live with myself and face my family and to do that, I must keep my ethical
and moral integrity for without that there is no purpose for me to be in this profession. This may
not be the appropriate way to handle this matter but the abuse seems to be such a blatant
violation of the law, I feel I have no other recourse than to make this a public matter and bring
this to the attention of the proper legal authorities.
"It was reported to me personally-Saturday 1-10-04 at 11 :00 A.M. by Commissioner Danny
Howell that he had been contacted by Commissioner Scott Anderson in regards to the matter of
the City Manager Contract. Commissioner Howell was advised by Commissioner Scott
Anderson that Commissioner Anderson and Mayor Scott Vandergrift had met and discussed
calling a special meeting for Tuesday 1-13-04 for the purpose oftaking action to advise the City
Manager of his terminution and or non renewal of the current contract. (The strikethough portion
was in the original e-mail, but was not read aloud by Mayor Vandergrift.)
"Commissioner Howell was asked to support Commissioner Anderson and Mayor Vandergrift in
calling for the meeting and Commissioner Howell was asked if he would support the already pre
coordinated decision or agreement of a vote by the Mayor and Commissioner Anderson to advise
the City Manager of his termination and or non-renewal of his contract.
"Commissioner Howell was deeply shaken and disappointed by the call from Commissioner
Anderson asking for his support of Commissioner Anderson and Mayor Vandergrift's plan. This
action would appear to be a clear violation of the Florida Sunshine Law. Commissioner Howell
was reluctant to bring this to my attention and had asked to keep him out of the issue but I
advised the Commissioner I was unable to do that. It was his honesty and integrity that brought
this violation to my attention and for that I will always be grateful and it is refreshing to know we
have 3 Commissioners who respect and understand the law and the City Charter.
"I believe this action was initiated by Commissioner Anderson when he was advised that it
would be a violation of the City Charter and impede staff s ability to serve the citizens of this
community if we had to allow or wait for each elected official's authorization before any work
could be done in the city. I also believe there has been a possible violation of the Sunshine Law
in regards to staff taking emergency action to repair the road as I was advised Mayor Vandergrift
called fellow commissioners to involve them in this matter. Commissioner Anderson is the only
Commissioner who followed up on those calls via the e-mails listed below. That would confirm
he had been contacted, how otherwise would have had the need to e-mail me involving myself in
the emergency road repair.
11
Verbatim Transcription of the City Commission Special Session to Discuss City Manager Contract
February 3, 2004
"I regret being put in a position to take this action, but if some one does not stand up now and
uphold the moral, ethical and legal integrity of our form of government who will? I do not want
to leave this same problem for the next City Manager.
"I will retain an attorney at my expense, to ensure my rights are protected in this matter."
Commissioner Anderson: Danny gave me that for you to read or something.
Commissioner Parker: I would like to make a statement regarding the calls about the road
paving. At approximately 9:35 in the morning on Friday, the ninth of January, right before
Commissioner Anderson sent his e-mail, and now as I understand it, after asking the question
right after Mayor Vandergrift became angry with Mr. Gleason about a pothole repair, the Mayor
called my office and I refused to speak to him, and I can only assume, which I am doing, that it
might have something to do with that. But I went and got my co-workers and I said, "I will not
speak to him. If I need to speak to him I want you to be in the room with me so if he tries to
break the Sunshine Law I can tell you." So that's why I'm coming clean about that. I did not
speak to him. He hung up before I picked up the phone while I was gathering my co-workers.
There's no reason for him to call me whatsoever.
Mayor Vandergrift: The course of the conversation in putting asphalt into the brick streets. I
felt like this Commission, sometime back, had asked the City Manager not to fill those holes
with asphalt to repair the brick streets. I could not remember the direction of the Commission.
Mr. Gleason upon my conversation with him said basically, "Prove it." And the first thing I
thought of, I have a poor memory, maybe one of the Commissioners would remember a policy or
a direction given by this Commission. So I called. I called each Commissioner -
Commissioner Johnson: You called me?
Mayor V andergrift: Yes, I did.
Commissioner Johnson: No, you didn't.
Mayor Vandergrift: Yes, I did. OK. I got your answering machine-
Commissioner Johnson: No you didn't.
Mayor Vandergrift: May I finish?
Commissioner Parker: The Clerk keeps the records. She knows. Commissioners don't keep
the records. The Clerk does.
12
Verbatim Transcription of the City Commission Special Session to Discuss City Manager Contract
February 3,2004
Mayor Vandergrift: OK. We'll have to save that for another time. Apparently I'm not going to
be allowed to speak - and explain that. In the e-mail I think he said I ordered him. I've never
ordered anybody down there. The Charter of the City of Ocoee requires that the Commission
meet annually with the City Manager to review and evaluate his performance. I'm taking the
opportunity this evening to fulfill that requirement. The City Manager's evaluated on ten areas
of performance. First area of performance I'll address his personal characteristics. First of all,
it's important to review the role of the City Manager by Charter. The City Manager is to be an
impartial city administrator who is not elected. The International City/County Manager
Association has a code of ethics for City Managers that states, "City Managers should not engage
in active participation in the election campaign on behalf of, or in opposition to, candidates for
governing bodies. Indeed, it is a conflict of interest for Mr. Gleason to campaign for the very
people who are responsible for evaluating his performance, and granting his salary increases.
That is our City Commission. During this past year, Mr. Gleason told candidates for our City
Commission that he would do everything possible to ensure that they were defeated. He
transported campaign signs in the City vehicle, the City - (to a citizen in the audience: Would
you like to be removed? I would appreciate it if you would remain quiet. Ifnot, I will ask you to
be removed.
(Response not clear)
Mayor Vandergrift: Do we have a police officer in the room?
Commissioner Johnson: He's not done anything out ofline.
Mayor Vandergrift: Do we have a police officer in the room? Did we make arrangements?
Citizen: I'll leave the hall. Just remember, there's going to be a time I can stand here and I have
a taxpayer's right and I will do it.
Mayor Vandergrift: I understand that, sir. As I explained to you earlier, there will be a public
hearing on this. Through this last year Mr. Gleason told candidates for our City Commission that
he would do everything possible to ensure that they were defeated. He transported campaign
signs in the vehicle the City provided to him. During past elections he sent an e-mail to all City
employees which contained false information about my own position on issues and those of
candidates. On City time at Ocoee City Hall, Mr. Gleason campaigned on behalf of a union
which was trying to organize employees at Health Central Hospital. The election was held a few
days ago and the union lost. But optimistic union operatives said of Mr. Gleason, "He stands
with us from our election dates to our contract negotiations." Mr. Gleason has displayed a lack
of civility in his public contact. He has been ill-tempered and abusive in public statements and in
private. I have examples of crude and vulgar e-mails he has sent using City computers. He
threatened Sunshine Law violation charges against elected officials on the City Commission. He
did not follow correct procedures and released unfounded charges to the media and to the City
staff. He later retracted the charges and apologized. But the damage was done. Especially
13
Verbatim Transcription of the City Commission Special Session to Discuss City Manager Contract
February 3, 2004
because he did not copy the same people who were alerted on the first e-mail. Based on this and
other information I rate his personal characteristics as unacceptable for Ocoee citizens.
The next area I will address is Relations with the Mayor and Commission. The City Manager is
rated on his ability to maintain an open and honest channel of communications with Commission
members. He is supposed to be supportive of the Mayor and Commission in their efforts to carry
out their responsibility as elected officials. The City Manager has not been supportive of me. I
represent the citizens of Ocoee who elected me and they don't necessarily agree with Mr.
Gleason. Rather than respecting my position as an elected official, he has acted continually to
undermine it. This ranges from berating me for twenty minutes in a Commission meeting to the
petty politics of ending the tradition of having the Mayor hand out the key to the City or issue
proclamations. The City Manager has also been dishonest in representing my position on various
Issues.
The third area I will address is Public Communications. An effective City Manager inspires a
sense of respect in citizens for the city government. He is sensitive and effective in dealing with
requests and complaints of individual citizens. He is fair to everyone from disadvantaged
citizens to wealthy developers. He maintains an open and positive relationship with the press.
Mr. Gleason has not been an effective City Manager in this regard. He grants favors based on
political influence. He is frequently abusive in his responses to citizens who dare to criticize
him. He intercepts and responds to e-mailssenttomeandotherthirdparties.This makes it
difficult for citizens to complain without fear of retribution by the City Manager. He has
embarrassed the City by sending e-mails to the press which are ill considered. The most recent
example was his e-mail on or about January 10th that said he had a heavy heart and extreme
anxiety. It was ridiculed in the press.
The fourth area I will address is Inter-Governmental/Neighboring Community and Professional
Responsibilities. An effective City Manager deals with county and state governments and
neighboring communities to achieve solutions to mutual problems while vigorously defending
the interests of Ocoee. Mr. Gleason has been effective, has not been effective in this regard. For
years, despite my best efforts, Ocoee has been the only city in Orange County without a
community redevelopment district. A CRA is created in cooperation with state and county and
means significant savings. Mr. Gleason has blocked my efforts to implement this project which
would go toward revitalizing downtown Ocoee.
Budgeting and Financial Management - The City Manager is rated on his ability to present a
realistic budget that meets the City's needs. The increase in water rates has been a hardship to a
large percentage of our citizens. Mr. Gleason claimed that the City of Ocoee was in danger of
defaulting on bonds and that was never the case. Under Mr. Gleason's leadership there was a 1.5
million dollar shortfall that went unnoticed for two years. We took over the widening of Old
Winter Garden Road from the County and the deal we were responsible for a million and a half
dollars worth of underground utilities which had to be removed. Mr. Gleason forgot to include
14
Verbatim Transcription of the City Commission Special Session to Discuss City Manager Contract
February 3,2004
the one and a half million dollars in the bonds which were used to finance the project. Therefore,
we had a shortfall which led to the water increase. Now the proposed increase in solid waste
collection is justified on information which is also misleading. Contrary to what Mr. Gleason is
telling the citizens there was plenty of money in the Enterprise Fund that covers payments for
solid waste collection. The shortfall was artificially created when the City moved $180,000 from
Sanitation Enterprise Fund to the General Fund. It is an accounting sleight of hand. I voted
against the increases in late fees from five to twenty five dollars which Mr. Gleason wanted.
Nevertheless, it was passed. It proved to be ill-considered and has since been rolled back to ten
dollars - or whatever it is.
Policy and Program Management. Does the City Manager effectively use the Commission in
formulating City policies? Acts as a lone wolf, or with favoritism toward certain
Commissioners.
Long Range Planning. An effective City Manager anticipates the future needs of the City. Mr.
Gleason has not done this. The City has added about 5,000 residents since the last time I was
elected Mayor. Throughout my service as Mayor I have called for a long-range plan for City
services, including sewer, water reuse, roads, and other improvements, especially in the older
part of town. The staff, under Jim Gleason, has instead emphasized the new sections of town. I
have been the lone voice in favor of fiscal responsibility. Improvements will result from a team
effort.
V oice from audience: Excuse me, is this a campaign speech or I'm confused.
Mayor Vandergrift: Would you like to leave the room and not be confused?
Voice: I don't want to be here for the campaign speech. (He picked up his bag and left the
room. )
Mayor Vandergrift: Anybody else want to leave because of the campaign meeting? OK.
Thank you. Policy Implementation. I have been calling for the community redevelopment
district for years. It would bring state money to Ocoee and improve our downtown. Now that we
are about to have a CRA, Mr. Gleason is in favor of moving it to State Road 50 and Maguire
Road. Since it is state money, money for the improvement of West Colonial can come from
other sources, such as TIFS. While there are few alternatives other than a CRA to redevelop
downtown. They want to placate the downtown owners with a onetime payment from your tax
dollars, but we can never hope to have a beautiful downtown like Winter Garden's without a
CRA.
Employee Relations and Staff Development. Under Mr. Gleason, 90% of our upper staff
members have left the City in the past three years. Through being fired, threats of being fired,
demotions and other force reasons. This has cost the City untold dollars. The one and a half
15
Verbatim Transcription of the City Commission Special Session to Discuss City Manager Contract
February 3, 2004
million dollars we were forced to pay for moving the utilities on Old Winter Garden Road
occurred after an experienced engineer was forced to resign.
Administration Organization Management. Does he plan/organize the work of the City in a way
that effectively and efficiently carries out the goals and policies adopted by the Commission?
Mr. Gleason is a politician at heart, who formerly served aS,a City Commissioner. He ran
unsuccessfully for Mayor of Ocoee and stayed off -
Commissioner Parker: There's a lady sticking her tongue out at me. It that considered to be
reason to leave.
Mayor V andergrift: Yes, if you don't mind.
Voice in the audience: (Cannot hear the words on the tape)
Commissioner Parker: 1-1-1 am not. I am able to react. I was not reacting to you. I would like
to say that this lady needs to leave also.
Mayor Vandergrift: All right, we got - we got a half a paragraph and I will be through.
Commissioner Parker: Can I have an officer remove her?
Commissioner Johnson: Yep. Yes.
Commissioner Parker: Because you have removed people who have tried to speak in favor of
Mr. Gleason, now we have one you will not remove - who is speaking against -(words obscured
by applause) I do not stick my tongue out at people or make faces at people..
V oice in audience continued to speak through all of this exchange.
Mayor Vandergrift: Commissioner, if! might take the meeting back.
Commissioner Parker: Thank you, may I have an officer remove this lady?
Mayor Vandergrift: Commissioner, may I take control of the meeting, please?
Commissioner Johnson: Let her get the woman to leave.
Mayor Vandergrift: Would you voluntarily leave, please? Thank you.
Commissioner Parker: Thank you.
16
Verbatim Transcription of the City Commission Special Session to Discuss City Manager Contract
February 3, 2004
Mayor Vandergrift: You should have been around when the tongues were being stuck out at
me when he was hired. Mr. Gleason is a politician at heart who formerly served as City
Commissioner. He ran unsuccessfully for Mayor of Ocoee and state offices. Although the
citizens of Ocoee choose not to elect them as their mayor or commissioner, the Commissioners
installed him as City Manager. He has never had the objectivity required of a professional City
Manager as beholding to special interests.
OK. Now, I'm sure you are full of rebuttal, and I don't know exactly how to handle it or we
would be here all night. As we are going to head for a public hearing probably, I would say save
your rebuttal. I would, if somebody wanted to move the question, then we could go ahead and
vote or I will just call for the vote. OK. I will call for the vote and the vote is basically to
terminate the City Manager.
City Attorney Rosenthal: The vote is for the adoption of a preliminary resolution stating the
intention of the City Manager (sic) to terminate the employment of City Manager and the other
details as previously expressed in Commissioner Howell's motion.
Mayor Vandergrift: Would he be suspended at this point?
City Attorney Rosenthal: That would include a suspension if the motion, I believe, Jean, for a
period oftime not to exceed 45 days.
Mayor V andergrift: Would he then be escorted out of the meeting? And clear out his office?
City Attorney Rosenthal: No sir, I have had a discussion prior to the meeting with Mrs.
Diedrich and our personnel rules and procedures address what suspension means. I believe
suspension would be in accordance with our rules and procedures, which is essentially you don't
come to work. In terms of the meeting, the meeting is a public meeting, so anybody would be
entitled to remain in the audience. He obviously would not sit at the dais in the capacity as - in
any capacity.
Mayor Vandergrift: OK. Would it mean having - picking up the equipment that he has? What
access would he have to his office?
City Attorney Rosenthal: I think for that I would want to defer I guess to Mrs. Diedrich in
terms of what our normal procedures are, since our Charter does not have a definition of
suspenSIOn.
Mayor Vandergrift: OK
17
Verbatim Transcription of the City Commission Special Session to Discuss City Manager Contract
February 3, 2004
Human Resources Director Diedrich: Suspension can be with, or without, pay. Suspension
involves not coming to the workplace until a determination is made as to the outcome of
whatever hearing you would have.
Mayor Vandergrift: OK. Will he be given an opportunity to pick up whatever his personal
things ifhe so wishes to do so?
Human Resources Director Diedrich: Anything personal, he could take out of his office, yes.
Mayor Vandergrift: Am I missing any questions? Any clarifications? Do you fully understand
what the vote might be, sir?
City Manager Gleason: I have no comment, Mayor.
Mayor Vandergrift: OK
City Manager Gleason: I'll have my lawyer comment.
Mayor Vandergrift: OK. Then let's vote.
Officials vote and the vote is displayed.
Mayor Vandergrift: Commissioner Johnson and Commissioner Parker voted no, the Mayor
and Commissioner Anderson and Commissioner Howell voted yes. I will now close this meeting
and we will take a fifteen minute break -
City Attorney Rosenthal: Excuse me, Mayor, before - you can do this in the next session, but
in the next session the City Commission will need to appoint an Acting City Manager since we
will have an interim vacancy.
Mayor Vandergrift: We have had Wanda Horton, our Finance Director, as Acting City
Manager when the City Manager is out of town. Is there any objection to Wanda Horton being
temporary?
City Attorney Rosenthal: Needs to be a motion seconded and voted upon by the Commission.
Mayor Vandergrift: I'll move that.
Commissioner Howell: Second.
City Attorney Rosenthal: That would be to appoint Wanda Horton as Acting City Manager
until further notification by the City Commission.
18
Verbatim Transcription of the City Commission Special Session to Discuss City Manager Contract
February 3, 2004
Mayor Vandergrift: OK Motion made by the Mayor, pardon?
City Clerk Grafton: Who seconded that?
Mayor Vandergrift: Commissioner Howell.
Commissioner Howell: I did.
Mayor Vandergrift: Ok. Let's vote.
Officials vote and the vote is displayed.
Mayor Vandergrift: Motion carries unanimously. Anything else to come before this body?
We'll take a fifteen-minute break and we'll commence the regular Commission meeting about
fifteen minutes from now.
19