A Times Editorial

Oldsmar mayor edges toward legal precipice

In April, a 22-year Oldsmar city employee, Chris Ward, was fired. That firing has so irritated Mayor Jerry Beverland that he has declared the employee "was shafted," and he has demanded a rewrite of the city's personnel procedures.

This is dangerous ground for Beverland to tread. His colleagues on the Oldsmar City Council should beware when this issue comes up for discussion at tonight's council meeting. Beverland is trying to take them down a path that will only lead to trouble.

Beverland's quick temper is legendary, and so is his penchant for speaking before he thinks things through. But even Beverland, who is supposed to work for the public's best interests, should have known better than to declare publicly that a fired city employee "was shafted."

What would you do if you were fired from your city job, you were angry, and the leader of city government declared that you had been "shafted"? You would be at your lawyer's office, preparing to sue the employer that shafted you. Is it in the best interest of Oldsmar residents to have to fight a lawsuit by a disgruntled former employee?

Even without the liability consideration, Beverland's involvement in the Chris Ward case is improper for at least two reasons.

First, Beverland and Ward have a relationship that has lasted 37 years. Ward, 39, is a close friend of one of Beverland's sons -- so close that Ward sometimes calls Beverland "Dad." Beverland cannot be objective about the situation.

But there is an even stronger reason why Beverland should not try to influence a personnel decision involving a city employee: In Oldsmar, it is against the law.

The voters of Oldsmar approved a charter for their city that sets forth the local laws city government must live by. The Oldsmar charter says that "no council member shall in any manner dictate the appointment or removal of any city employee or employees whom the city manager is empowered to appoint."

Further, the charter states that City Council members may deal with city employees "solely through the city manager." That ordinance is so important that the charter declares a punishment for any council member who gives orders or directions to city employees, either publicly or privately: The council member must forfeit his office.

Those are excellent provisions, common in good city charters, that attempt to prevent elected politicians from bossing, hiring and firing city employees who work for the city manager, not the City Council.

Ward, a water department crew leader, was fired after two incidents. In the first, he received a one-day suspension after he stopped to shop at a garage sale while on city time in his city truck. He bought a computer table and drove it home. Ward protested the discipline and got a hearing before the city grievance committee, which upheld the suspension. In the second incident, Ward had a traffic accident in his city truck and was cited for careless driving. According to the city, he refused to submit to a urine test for alcohol and drug use. His boss recommended he be fired. The grievance committee upheld the firing, but Ward claims he never refused to take the test and is the target of a supervisor who wanted him out.

Beverland reacted by demanding that the city's grievance procedure be revamped. The grievance committee, made up of three city employees appointed by the city manager and two city employees elected by employees, doesn't give city workers an impartial hearing, Beverland said. He declared the process "screwed up" and "pathetic."

If Beverland and his council colleagues think the grievance committee membership should be changed -- perhaps to give some seats to residents, as some other cities do -- they need to discuss it with City Manager Bruce Haddock. Under the city charter, it is Haddock's job to propose personnel rules and procedures, not the council's. Haddock should propose changes only if he thinks the system is broken.

City Council members should stay out of the issue of Ward's firing. They have no horse in that race.

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