City Manager considers H R Director termination?

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City Manager Joe Gerrity
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Submitted by Susan Hardee Steger
October 27, 2014 11:00 a.m.

 

Editor’s Note: ” . . . Robin Marley, human resource director, told the Fernandina Observer  she received a call [on October 21] from Deputy City Manager Marshall McCrary informing Marley the City will terminate her employment . . .”

The following letter written by City Manager Joe Gerrity was received after a public records request.

October 22, 2014

Re: Notice of Consideration of Termination Employment

Dear Ms. Marley:

Please be advised that I am considering terminating your employment because your conduct has caused me to lose confidence and trust in you in your position as a key official of the City. No final decision has been made.

It has come to my attention that you have unnecessarily created records including opinions, conclusions, and or other non-factual or questionable statements that could prejudice the City. This and other conduct also reflects questionable judgment. It is not only this, but the totality of your conduct over time that has contributed to my dissatisfaction and eventual loss of confidence and trust in your performance.

I am in receipt of your letter dated October 21, 2014. I am surprised and disappointed by your claim that you are being targeted because you followed the law. That allegation is not accurate. Neither you nor any employee have been or would be “targeted” for following the law. In fact, you have not be “targeted” at all, but have merely been placed on paid administrative leave pending the inquiry into your conduct. As you should know, being placed on paid administrative leave does not even constitute adverse action.

Your comments to Deputy Fire Chief Bergel about his superior, Fire Chief Higginbotham, appear to have been inappropriate. If the circumstances were as I understand them to be, your comments were disparaging to and undermining of Chief Higginbotham, Deputy Fire Chief Murallo, the entire Fire Department, and me. The content of the record you created of sensitive and confidential discussions with the City’s attorneys is very concerning and suggests a lack of good judgment. (With regard to that record, you state that the City Attorney told you it was privileged; that is inaccurate. The City Attorney advised you that this discussion with outside labor counsel should be treated confidentially.)

If you had observed that the Fire Department is “grossly mismanaged,” then why are you putting your concerns in writing to me only now, after you were put on leave, the inquiry initiated, and consideration of your possible termination begun? Chief Higginbotham has been the Fire Chief for over 2 years, and you have never shared your concerns of “gross mismanagement” with me or with anyone else in City management, to my knowledge.

You were put on leave pending this inquiry and your access to City files, electronic or otherwise, was suspended to protect both you and the City. Your claim that your City-issued cell phone has been “monitored” is puzzling, inaccurate, and possibly defamatory. City-provided service to that telephone was suspended on October 16.

You will remain on Administrative leave with pay through October 30, 2014. I am available to meet with you at 2:00 p.m. on October 30, 2014, at City hall. At that time, you may present any relevant information you wish. You may bring a representative if you so desire. I will consider all relevant information available to me, including any information you may provide, in making a decision regarding you employment.

Sincerely,

Joe Gerrity
City Manager

When asked to comment by the Fernandina Observer, T.A. “Tad” Delegal, III attorney for Robin Marley said he will “with hold comment at this time as we make decisions as to how to proceed forward.”

Click here for previous article “City terminates employment of H R Director – Allegations surface of mismanagement of City Fire Department.”

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Robert Warner
Robert Warner (@guest_23020)
9 years ago

Command influence?