Fernandina Beach City Commission meeting – Persistent barking, meowing, whining, howling outlawed, clerk time off, and commissioners’ ethics

Submitted by Eric BarteltDSCN0075 - Version 2

The summer doldrums appeared to have set in at the July 2, 2013 regular meeting of the Fernandina Beach City Commission, with little in the way of fireworks on display two days before the 4th of July holiday. That is, until near the end of the meeting, when things heated up.

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Commissioner Pat Gass

As the meeting was wrapping up and each of the Commissioners was having their last word,  Commissioner Pat Gass, reading from a prepared statement, took issue with newly installed City Clerk Pro Tem Kim Briley’s timing when notifying the commissioners of when she would be taking vacation, or time away for training. Commissioner Gass characterized Ms. Briley behavior as “unprofessional and unacceptable” for notifying Commissioners the preceding afternoon of her intended absence the following day.

Ms. Briley explained that she was trying to take occasional vacation time “here and there”, in order to get her accumulated vacation time down to a fewer number of hours to “avoid having her vacation hours carry over”, and that she didn’t always know when she could do that until the day before taking the time off. Mayor Sarah Pelican noted there was no policy spelled out in the Personnel Handbook for the length of time required for notifying Commissioners in advance of an absence.

Ms. Briley said she had spoken with Mayor Pelican and Commissioner Charlie Corbett, and they had agreed that whenever possible Ms. Briley would now provide 48 hour advanced notice for when she would be absent. Commissioner Ed Boner didn’t seem unduly concerned about Ms. Briley providing short notice, even expressing appreciation that she was trying to fit vacation time in during slower periods at the Clerk’s office, rather than planning further in advance and then possibly being absent when the Clerk’s office was busier.

This is the second time in as many weeks that Clerk Pro Tem Briley has been publicly the subject of Commissioners’ unwanted attention. The first time, at the Commission meeting two weeks prior, Mayor Pelican announced that Ms. Briley, who had just recently been named clerk pro tem, would not be allowed to occupy the previous Clerk’s office. Mayor Pelican said she was reserving that office for use by Commissioners, should they find themselves at City Hall and in need of a place to meet with constituents. Instead, Ms. Briley was to occupy a desk in the large open office area on the 2nd floor of City Hall.

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Commissioner Arlene Filkoff

Other Clerk-related business was discussed earlier in the meeting when Commissioner Arlene Filkoff proposed tweaking the qualifications for applicants for the permanent City Clerk position, which the City will be seeking in the fall. Commissioner Filkoff proposed that the minimum qualifications be upgraded to include either experience as a City Clerk or experience in records management. As it stood, the minimum requirements included 5 years experience in municipal government administrative work  and proficiency in Microsoft Office. Experience in records management or as a Clerk or were listed as preferred, but not required.

Commissioner Filkoff suggested that to require proficiency in Microsoft Office but not experience as a City Clerk, or experience in records management, was “out of whack” and sent a message to applicants that the position was more of a secretarial job than the higher level job of Clerk. The suggested change failed on a vote of 4-1.

Fernandina resident Lynn Williams addressed the Commission on the subject of the permanent Clerk’s position, suggesting that rather than seek an applicant that would be paid at the low end of the pay range, the Commission should consider an applicant with skills that go beyond just Clerk duties, and pay that person accordingly. Williams proposed that the City hire a Clerk who also has expertise in grant writing, insurance oversight and purchasing. According to Williams, over the past five years, the City has received more than $26 million in grants, and so such a combination of duties would, he felt, be “a very good money making scheme for the City.”

City Attorney Tammi Bach
City Attorney Tammi Bach

An item that Commissioner Arlene Filkoff placed on the meeting agenda, as a discussion / action item, also drew a bit of disagreement. Commissioner Filkoff was hoping to get agreement among the Commissioners to create a Code of Ethics for Commissioners. City Attorney Tammi Bach had drawn up a comprehensive Code of Ethics, which sited Federal and State Codes of Ethics for discussion by the Commissioners.

Commissioner Gass indicated she didn’t support having a Code of Ethics, saying, “You can’t legislate morality. You’re either ethical or you’re not.”

Vice Mayor Corbett also rejected the idea because he thought Commissioners were already covered under the State Code of Ethics as well as their Oath of Office, and that it was just “another layer of bureaucracy”, “wasn’t necessary”, and “couldn’t be enforced”. Commissioner Filkoff then asked whether, instead of a code, would it make sense to add a core value statement about integrity, civility, leadership, teamwork, etc. to the Oath of Office, in order to reinforce what the Commission is mandated by law to do?

Commissioner Ed Boner
Commissioner Ed Boner

While Commissioner Boner thought the idea was reasonable, especially if it included ethics training for incoming Commissioners, Mayor Pelican didn’t support the idea, in part because she thought it would be difficult to find someone unbiased to interpret it. The consensus appeared to be 3-2 against, but then, all agreed with City Manager Joe Gerrity’s suggestion that “we can workshop it!”

Other actions by the Commission included disposing of surplus property (three cars and a box truck, to be sold on Ebay); changing the Commissions annual organizational meeting date; approving funds for creation of a debris management plan; and clarifying the appointment, terms of office and filling of vacancies for the City’s advisory boards.

The Commissioners also amended the animal control ordinance, making it unlawful to leave an animal unattended in a vehicle without proper ventilation or in other conditions detrimental to the health of the animal. And, no doubt to the relief of many, they made it unlawful to allow an animal to “bark, meow, whine or howl” for longer than 30 continuous minutes when not contained within an enclosure.

Editor’s Note:  Eric Bartelt retired as a corporate design consultant and moved  to Fernandina Beach in 2004.  His previously lived in Wisconsin.  Since Eric’s arrival in Fernandina Beach, he spends his time volunteering, and playing soccer.  We thank Eric for his contribution to the Fernandina Observer.

July 3, 2013 3:00 p.m.