Gass: “Sanction Poynter and Lentz”

Submitted by Eric Bartelt
June 3, 2015 4:51 p.m.

During the Commissioners’  Comments period at the end of Tuesday night’s City Commission meeting, Commissioner Pat Gass accused Commissioners Tim Poynter and Robin Lentz of violating Section 10 of the City Charter. Her allegation pertained to the problems in the Fire Department, City Manager Joe Gerrity’s efforts to resolve those problems, and the Mayor and Commissioners’ frustration, especially Commissioners Poynter and Lentz, with his progress in resolving those problems.

Section 10 prohibits the Mayor and Commissioners from dictating the appointment or removal of any city officers or employees who work for the City. Further, it prohibits the Mayor and Commissioners from directly interfering with or directing the conduct of any employee. The Charter does allow the Mayor and Commissioners to communicate directly with an employee if the Mayor or Commissioner has the permission from the Charter Officer for whom the employee works.

After alleging that Commissioners Poynter and Lentz had violated the Charter, Commissioner Gass asked City Attorney Tammi Bach to prepare a Resolution for the Commission that would sanction the two Commissioners. Ms. Bach agreed to prepare the Resolution and present it at the next Commission meeting. She declined, however, to investigate or weigh-in on the merits of Commissioner Gass’ allegation, as she felt that would be a conflict of interest since she not only works for Commissioner Gass, but also for Commissioners Poynter and Lentz. Ms Bach said that if investigation is required, it should be done by outside counsel.

According to City Attorney Tammi Bach, the action requested by Commissioner Gass could take the form of two Resolutions – one directed at Commissioner Poynter, and the other at Commissioner Lentz.  If each are seconded, then a majority of the Commissioners would have to vote in the affirmative for it to pass.

This would put Commissioner Lentz in the position of voting for, or against, sanctioning Commissioner Poyter and vice versa.  Attorney Bach has not yet decided whether the Resolution(s) will be structured this way or not.  Ms. Bach also indicated that without an investigation or findings of fact, even if the Resolution(s) passed, it would have no effect on the status of Poynter and Lentz. In support of her allegation, Commissioner Gass presented Attorney Bach with a “dialog” (see below) taken from City Commission meetings on February 3rd, February 17th, and March 17th. The dialog pertains to comments made by Commissioners Poynter and Lentz during those three meetings about the problems in the Fire Department.

Commissioner Gass noted the punishment for violating the Charter. Punishment for a first violation of the Charter is sanctioning by the Commission. Subsequent violations are a misdemeanor and carry a fine of up to $200, imprisonment of up to 6 months, or both. And the Commissioner committing the violation may be removed from office.

According to Commissioner Gass, referring to the City Manager’s efforts to resolve the conflicts in the Fire Department, “If this commission had allowed Joe Gerrity to do his job, without interference, we would not be looking for a new city manager today.”

Note: The Fernandina Observer is posting the dialogue given to commissioners by Commissioner Pat Gass. We cannot confirm the dialogue is correct as written, nor can we confirm the source.

March 17, 2015

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 contributions to the Fernandina Observer.