Mayor wants grievance process changed

The firing of a family friend prompts the Oldsmar mayor to request changes in the employee grievance procedure. ''I am sick of it,'' Beverland said.

By ROBERT FARLEY, Times Staff Writer
© St. Petersburg Times
published May 13, 2002

OLDSMAR -- Mayor Jerry Beverland thinks 22-year city employee Chris Ward, a water department crew leader, "got shafted" when he was fired last month.

But Oldsmar's city charter doesn't allow Beverland or any other City Council member to do anything about it, he said.

He wants that to change.

Currently, city employees who want to contest a suspension, demotion or termination can appeal to a grievance board made up of city employees. Three of the five grievance board members are appointed by the city manager.

Beverland calls that a stacked deck.

In an emotional appeal to the City Council last week, Beverland called on the city attorney to look into options to change the employee grievance procedure. One option is to have the City Council arbitrate such hearings. Another is to hire an independent hearing officer.

"If someone deserves to be fired, do it right," Beverland said. "I don't like people being treated that way."

Beverland's ire was raised by the suspension and then firing of Ward. Beverland said he has known Ward since Ward was 2 years old and that they are close enough that Ward sometimes calls him "Dad." Ward said he is a close friend of one of Beverland's sons.

Ward was first disciplined after he stopped at a garage sale in a city truck, picked up a computer table and drove it -- on city time -- a third of a mile to the house he shares with his girlfriend.

Beverland said that although that's a clear violation of city policy, it was hardly severe enough for a day's suspension without pay.

In contrast, Ward's supervisors determined it was a "group 3" offense, which could have resulted in his termination.

Ward, 39, said what he did was common practice among employees, but he was singled out by a supervisor who had a "personal agenda" to fire him.

Ward asked for a grievance hearing. The board determined it should have been treated as a less serious "group 1 offense," which usually just brings a reprimand, said Marnie Burns, the city's director of administrative services and the board's chair. But the board also ruled to uphold the one-day suspension. Ward was so upset, he walked out of the hearing before it ended.

The more serious incident occurred when Ward got into a minor traffic accident March 22 in a city truck. He was cited for careless driving. Supervisors later said Ward refused to submit to a urine test to screen for alcohol or drug use. His supervisors recommended his employment be terminated.

Ward contends that he never refused to take the test and that no one ever told him he had to take one.

In a second grievance hearing, the board upheld the termination.

Beverland said the whole grievance process appears suspect.

"It's so convoluted, so screwed up, it's pathetic," Beverland said.

Beverland is convinced Ward's supervisors lied about asking Ward to take a urine test.

"I am sick of it," Beverland said in an interview. "You don't treat people that way. . . . I'm not having this."

The city's grievance committee has five members, all city employees. Three are appointed by the city manager. The other two are elected by the city employees. Before Ward's case, the board hadn't met since 1995, Burns said.

The system gives the city manager final say. Ward said it's unfair, that employees can't get an impartial hearing. He's glad to hear that Beverland is suggesting change.

"I think it's a great idea," Ward said. "It's something that needs to be changed, in my opinion."

City Manager Bruce Haddock, who was off last week, could not be reached for comment.

Beverland said he's not yet sure how the city should revise its grievance policy, but he said he does not want to dilute the city manager's position.

Several surrounding cities have citizen boards to hear employee appeals.

In Tarpon Springs, employees can appeal a firing or demotion to a volunteer civil service board composed of Tarpon Springs residents who are not employed by the city. The five-member board is appointed by the City Commission.

In Dunedin, such appeals go to the personnel review board. It also is a citizen board. Two members are appointed by the City Commission. Two are elected by the employees. The fifth is selected by the four members.

"Overall, our citizen board has been very fair," said Maureen Freaney, Dunedin's assistant city manager. "It is a fairly good process."

Safety Harbor has a three-member personnel review board. One member is appointed by the City Commission, another is elected by the residents and the third is selected by the other two.

It is designed to be an impartial board, said Bill Cropsey, Safety Harbor's personnel director, and it has the authority to overturn demotions and firings.

Beverland said he'd like to review all those options.

"We don't apply the same rules to everybody," Beverland said. "Right now, the employees have nowhere to go."

-- Staff writer Ed Quioco contributed to this report.

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