Submitted by Eric Bartelt
June 18, 2015 1:40 p.m.
In addition to the controversial Land Development Code Amendment regarding hazardous materials and uses, another controversial item was on the June 16th City Commission meeting agenda – the Resolution censuring Commissioners Tim Poynter and Robin Lentz for allegedly violating the City Charter.
Commissioner Pat Gass had requested at the June 2nd Commission meeting that City Attorney Tammi Bach draw up a Resolution censuring Commissioners Poynter and Lentz for violating the section of the City Charter pertaining to Commissioners communicating with city employees and/or directing the City Manager as to whom to hire and fire.
Commissioner Gass began the discussion by stressing that her request for Censure was not personal, that it was “about living by the rules…” She went on to say that some would say she was guilty of the same violation, and that if they wanted to also censure her, she was fine with that. “We all need to have our feet held to the fire, we need to all be held accountable. ”
She said Commissioners “cannot meet with numerous employees of the city without prior knowledge of the City Manager…” And that “we cannot sit up here and dictate or try to tell the City Manager how to run the City…” She added that if the censure Resolution does not pass or is not seconded, she was prepared to send the information on to the State Ethics Commission and to let them decide if any wrongdoing had been done. With that, Commissioner Gass made a motion to approve the censure Resolution.
Before asking for a second to the motion, Mayor Boner opened the floor to public comment. Mr. Roy G. Smith spoke, saying he has a problem with Commissioner Gass’ attempt at censure because he believed she had “done exactly what they did” when she talked to the Chief (former Fire Chief Higginbotham). He said that if she wanted to do this Resolution, then she should include her name in it, too, because she was “just as guilty as they were, if they were guilty.” He said it was unfair and accused her of making a “grandstand play” over the Fire Dept.
There being no further public comment, Mayor Boner called for a second to Commissioner Gass’ motion. The motion was not seconded, and therefore the motion and Resolution died.
In an unusual turn, Commissioner Miller then asked to make a public statement, even though the issue was officially concluded. Miller said that after researching it and after considerable soul searching, he concluded there was a violation of Chapter 10 of the City Charter by Commissioners Poynter and Lentz because they questioned in a public meeting the leadership skills of former Chief Higginbotham. He said they essential said that Chief Higginbotham “was not qualified to be a leader” and that that made it hard for the Chief to lead his department. Miller further said that “when City Manager Gerrity said he had people (Commissioners) coming into his office telling him who to hire and fire, that is a blatant violation of Chapter 10.”
Commissioner Miller then went on to explain why he didn’t second Commissioner Gass’ motion. He said that mutual respect for fellow Commissioners prevented him from seconding the motion. He said he didn’t think this violation rose to the level of the kinds of obvious and blatant censures that had happened in the past, and that if neither Commissioners Poynter or Lentz admitted to the violation, it would turn into a “he said, she said” situation that wouldn’t do anyone any good. He said he didn’t think anyone did anything wrong on purpose, that it was a mistake that was done for the right reasons. He asked then if the Commission could schedule a workshop to go over “pitfalls of other Commissions” because “this stuff happens all the time”, where a Commissioner unintentionally does something wrong and gets called out by another Commissioner.
Mayor Boner agreed with Commissioner Miller in that he didn’t think Commissioners Poynter’s and Lentz’s actions were egregious, and that’s why he didn’t second the motion. The Mayor then asked if the Commissioners could just move on to the next item, asking if everyone was “good with that.”.
Commissioner Lentz said, “No, not really. I’m not good with that.” She explained that she didn’t think she was guilty of violating the Charter, and that she never told the City Manager how to do his job; only that she asked if a group of the disgruntled firemen from the union could be included on a panel as part of the hiring process for a new Fire Chief. She added, that, “The majority of my conversations with firemen happened prior to my election, when they invited me to a union meeting.” Any other information she has gotten, she said, has been through public information requests. She concluded by saying about the controversy, “tonight, I’m hoping we bury it” and that she was “here to move forward and get positive things done.”
During commissioner comments at the end of the meeting, Commissioner Poynter spoke to the failed censure. “I’ve been silent on this issue . . . I’ll continue to be silent . . . I will try to move the city forward and that is what we are suppose to do.”
Does anyone see the irony (some might say hypocrisy) in Commissioner Gass’ comment during the LDC discussion “…but let’s put this to bed and move on, so that we can start healing in this community.” and then stating that if her censure resolution didn’t get approved or died for lack of a second, she was sending the information to the State Ethics Commissioner?
Right on target !
Pat Gass needs to learn that healing also applies to her behaviors
Pat wants the rule of “her” law, not the rule of law. Sorry about this.
The Best thing Commissioner Gass can do to “start the healing” would be to tear up her Censure Petition. That should never leave the Commission Chambers. If by any chance it gets to the State Ethics Commissioner, It would speck volumes of her character.
I think Ms. Lentz has a very valid point. Why isn’t there some representation from the FD involved with the selection process for hiring a new Chief? The list of potential candidates were narrowed down by the City Manager, then given to an HR representative, an outgoing Chief with only months on the job, and a third party for them to rate. The list was then given back to the City Manager to decide who he wants to hire. I don’t understand why, or how the City Manager has the final say in the hiring of a new Chief. From everything I’ve read about the turmoil in the FD, the CM seems to be at the root of many of the issues. One of the six final candidates is from City of Orange Park Fire Dept. I remember being at the commission meeting where it was stated the new Fire Chief should not be from around here. I’m pretty sure someone from Orange Park would be considered to be from the area. I know people from JFRD applied for the Chief position, but were not even given a call back. This whole process seems to be a bit underhanded.
Mike, since “the buck stops” at the City Manager for all non-charter offices and the Fire Chief is a direct report it is only right that the City Manager has the final say in the individual that is hired. Otherwise, there would be always the opportunity to pass the buck (pun intended).
I think when people said the individual should not be local they were saying FB or Nassau County as I don’t think there is much contact between the other north FL fire departments.
I understand. However, why not wait until we an get a new CM in place, and let him have a say so in the matter. Or at the very least have a consultant help with the process. As it stands now, the buck will be able to be passed.
In regards to your assumption of fire departments not having much contact with one another, no offense, but that is naive at best. They are very much in the know with what goes on, not only in neighboring departments, but much further reaching than you could ever imagine. Orange Park firefighters were hired for this years Shrimp Festival to assist our Fernandina firefighters. Their Chief, the one ranked #1 on the list created for hiring purposes, was heard at the festival remarking how he was “good friends” with current embattled Division Chief Murralo. Again, why were the more qualified JFRD Chiefs who applied not even considered? Seems disingenuous, at best.
Mike,
Some excellent points and maybe I err on the side of naivete. I certainly understand that firefighters/rescue personnel are a close fraternity and there is movement from one jurisdiction to another in a metro area as well as many inter-local support agreements that create opportunities for relationships to develop among individuals; but I don’t think as a whole there is that level of familiarity (or some would say preconceived bias) with those areas as there would be within the FBFR or Nassau County. I am sure that all the candidates were considered and there should be written documentation as to why the finalists were selected. If the remark you cite is truly accurate I am sure that the CM will adequately explore that relationships and determine if it creates any bias before a final selection is made.
As to deferring a decision to the next CM, that would put off the decision for 9 – 12 months since it is unlikely the new CM will be onboard before October and they would need time to make their own assessment. I think everyone agrees it is best to make the best decision as soon as possible and allow the FRFR department to move forward.
Mr. Lott, I certainly respect your opinion. Myself, along with many other Fernandina citizens had hoped you would have become our city manager a few years back. Perhaps we will just have to agree to disagree. I can assure you that not everyone, not even close, believes it is best to make a decision as soon as possible. As a lifelong resident, and having spent 44 years here, I have never seen the FD in such a bad place. I decided to start doing PRR to find out what was going on. Between that, and speaking with many of the Firemen, I have found some deeply disturbing events. Many of the FD employees have been bribed, and threatened with retaliation by not only the the Chiefs, but the CM as well. So I can assure you they don’t feel as if the CM has their best intentions in mind. Remember, one of the big reasons he’s stepping down is due to turmoil in the FD. Do you honestly think he has their best interests in mind? He, along with Deputy Chief Murrallo has threatened them with “giving the FD to the county”. Murrallo even went so far as telling members “I don’t care about the dept. I’m going to bring it down before I find a new job”. The Firemen I’ve spoken with are afraid the dept is being set up for failure. So my opinion is the only way to have an unbiased selection for a new Chief, is to allow the new CM to be involved. The men have been dealing with a mess for a few years now, I’m sure they would gladly wait 9-12 more months if it means getting the best possible Chief out there.
Mike, Reading your posts is an eye opener, If true, not only local Government, but the States Attorney Generals office, should be investigating the situation at our Fire Dept. The Firefighters deserve much better. If their leaders are inept or do not have the backing of the rank and file, it should be a big cause for concern, for this Community. The more I’ve become aware of the local politics, and the “Good Old Boy” mentality, which is pervasive in Fernandina Beach. The more I find myself concerned for the future of all of us. Why can’t our Leaders pull their Heads out of the Sand or some darker place and correct these injustices. I know there are two sides to every story, but the preponderance of evidence falls on the side of our rank and file Firefighters. They are there for us, we should start being there for them.
Mr Oxard,
It’s funny; you have such strong opinions and appear to be so well informed. You even claim to have a lifetime of residency here on the island, but I don’t see your name anywhere on the logs for public record requests. Your name also doesn’t appear on the Property Appraisers website, so you don’t own any property in Nassau County. You aren’t listed as a registered voter in the county and I don’t see you anywhere on the Clerk of Courts records either. Are you writing under an assumed name? and making your PRR under a different pseudonym as well? Why such caution? Seems like the strength of your conviction and the truth of your information should be all the shield you would need.
The selection process for the new chief, as far as I know, was constructed thusly: the Director of Human Resources for the City of Fernandina Beach, the interim Fire Chief and the Director of Emergency Management for Nassau County were responsible for reviewing and ranking the 6 applicants that met the qualifications. From those 6, 2 were brought in for interviews. The CM and the 30 year veteran interim fire chief then shared the task of making the final selection. I don’t see how letting the employees within a department select their own boss would be any more effective than having an outgoing City Manager with dozens of years of business management experience make the decision. And, you’re confusing your objections. First you say people from around here shouldn’t be considered and that Orange Park isn’t far enough afield. Then you wonder why unqualified JFRD applicants weren’t considered… Maybe you should inquire. But make sure you ask the right people (hint: not the CM whom you loathe so much).
I’m so tired of the few rabble rousers within the department attempting to have such sway. If Chief Higginbothom was so terrible, why was not a single complaint filed? Why was there not a single grievance filed with the FF Union? Why do all the accusations against him exist only in the pages of exit interviews and hearsay? Why are there no accidents? No failed inspections? Why did the department only come into line with the State of FL standards under Chief Hig watch? I believe (my mother) Commissioner Gass listed all of the advancements and improvements made by Higginbothom during his tenure and the complaints and feet dragging done by those forced to learn new and updated procedures. Mr. Spicer, who it would seem may have been the catalyst for this non-troversy) publicly objected and was then asked to provide proof of her assertions being incorrect. No such proof has ever been sent by Mr. Spicer.
“A lack of leadership” does not a mutiny make. The dissention within the FD was borne of something more personal than Chief Hig’s qualifications. It borders on resentment. And without incidents to point to, I must agree with the CM assessment which seems to have been that they didn’t like the way he (the chief) was doing things and some banded together to get rid of him.
Either way, it won’t matter soon. We’ll have a new Fire Chief and a new City Manager. Oh my, whatever will everyone complain about next??
bFear not, I’m sure something will come up.
I have never mentioned Higginbotham. The person who the firefighters I’ve spoken with, and the things I’ve read about, that has caused the most damage, is Murralo. You seem to be extra defensive of higginbothan. Perhaps he is a family friend, maybe your mother babysat him as a child. Either way, I admire your loyalty.
Please reread my comments. I never said someone from around here should not be considered. I personally would prefer someone from here.
What I’ve read, the issues with Higginbotham have absolutely nothing to do with resentment. There are multiple complaints that have been filed in regards to sexual harassment, bullying, and bribery. Those are all major issues in my eyes. Not to mention Higginbotham has been off sick since November than he’s actually been in office. The guys tell me chief Bergerl now refers to him as “sick boy”.
And the “some” that have banded together. If your definition of some is 80%, than you are correct sir. The other 20% are either new employees, or are getting preferential treatment for their blind faith. It is hard for me to believe you have personaly spoken with any of the current firefighters about their position. If you’re getting all your info from you mom, who gets it from the CM, of course you’re gonna be spoon fed lies.
I’m glad your chosen career is not in detective work. Just cause you can’t find me on property appraisor websites and such doesn’t mean a thing my friend. Maybe the next time I see you around town in your truck I’ll stop you and say hello. In the meantime, how about spending some time with the firemen and learn the truth before you babble off inaccuracies.
Someone was silent on this….
http://biofuels-news.com/display_news/9299/borregaard_and_ryam_to_invest_in_lignin_operations_in_the_us/
Oh, now you’re just moving the goal posts: all of the sudden Highinbothom isn’t the problem? C’mon.
And, if you live here now and have lived here for 44 years, why not register to vote? then you can be a real, functioning member of this community instead of an arm chair quarterback. Also, if you’ve lived here for that long and you’re not registered to vote in Nassau County, your opinion about local issues and electoral politics means precisely jack squat.
Moving goal posts? You’ve been watching too many FSU football games. Not sure I follow you. But you’re awefully defensive of Higginbotham. Perhaps there is more to it than meets the eye since you’re so protective of him.
Again, thankfully your PI skills are about as good as your surfing ability. I’ve been registered to vote since doing so in Mr. Sapp’s class many many years ago. And when did not being able to vote determine if you can have opinions on local issues. That attitude is terrible. The apple must not fall far from the tree. I had already been dealing with many local issues and voting on them long before you started scrubbing dishes at joes bistro.
I’m flattered yu know so much about me. However, that doesn’t change the fact that the strength of your convictions is not strong enough to compel you to comment using your real name. There is no Oxnard registered to vote in Nassau County.
It’ll help if you spell my name correctly, genius.
You mad bro?
**drops microphone**