Port Richey's city manager asks for a May 25 public hearing in a five-page rebuttal to criticism that led to his suspension.
By ALEX LEARY
Published May 13, 2004
PORT RICHEY - Passing responsibility to department heads or flat-out rejecting criticism that led to his suspension as city manager, Vince Lupo submitted a five-page defense to the City Council on Wednesday and requested a May 25 public hearing on his job performance.
The rebuttal, written on city letterhead, addresses the resolution passed by the council April 28 in which Lupo was accused of poor oversight of employees and projects and allowing questionable activity, such as unpermitted construction, to go on despite his knowledge.
Most recently, Lupo was blamed for not investigating whether building official Bette Farmerie had the necessary state license. She did not, and Lupo was forced to fire her last month.
Lupo wrote that Farmerie was recommended by outgoing building official Bill Sanders and that both employees assured him she had a provisional license. Farmerie also made statements to that effect when the issue came up in recent council meetings, Lupo noted.
"Further, my appointment of Ms. Farmerie (as clearly stated to City Council) was contingent upon proof of her possession of the prerequisite licenses," Lupo wrote. In a letter announcing her hire, however, Lupo said he "carefully reviewed" her credentials.
His right to a public hearing is afforded under the City Charter. After the May 25 meeting, the council can fire Lupo only by a four-fifths vote. The vote to suspend him was just that: 4-1.
Council members either had not read Lupo's response as of late Wednesday afternoon or said it was not proper to comment before the hearing. Phyllis Grae, who voted against the resolution, had not seen the letter but said Lupo's response was "an exercise in futility."
"They already have the four votes," Grae said.
But Lupo, 62 years old and city manager since 1996, had promised to defend himself. He hand-delivered the rebuttal to City Hall shortly after noon Wednesday.
As for the allegation that he permitted previous council members to interfere with the building department, Lupo wrote, "There can hardly be NO statement further from the truth! My efforts to stop, abort, or mitigate such interference were clearly documented to the Grand Jury!"
A March 2001 grand jury investigation focused on former council member and mayor Bob Leggiere's dealings with building officials. Leggiere was rebuked, but no indictments resulted. The state Ethics Commission, however, recently found probable cause that he meddled with the department. The case is pending.
As he did with the Farmerie response, Lupo suggested that criticism for various other incidents was misplaced.
- "The City Manager IS NOT the Police Chief," he wrote in response to an allegation that he failed to stop illegal parking.
- "The City Manager IS NOT a licensed Building Official and cannot interfere in the lawful pronouncements of that official," Lupo wrote in response to allegations that he knew about stormwater drainage installed by an unlicensed contractor and that the dock was built at Sandals restaurant without proper permits.
- "All bricks and mortar projects were designed by licensed professional engineers or architects retained by the City of Port Richey for just such purposes," he wrote of criticism that he failed to supervise projects, resulting in cost overruns. "The on-going projects were often inspected by both these professionals, the Chief Building Official, and the Assistant to the City Manager. NO payment was ever issued WITHOUT the approval and certification of those individuals."
Lupo, who could not be reached Wednesday, seemed to use sarcasm when answering criticism that he failed to provide adequate security for the city's water plant in the aftermath of the Sept. 11, 2001, terrorist attacks.
"It is my understanding that the water plant facility of the City of Port Richey has not, as of this date, succumbed to penetration by Al Quida operatives or any other such destructive entity. But that credit should be given to the Chief of Police who is in charge of security for City facilities."
- Alex Leary can be reached in west Pasco at 869-6247, or toll-free at 1-800-333-7505, ext. 6247. His e-mail address is leary@sptimes.com
