Also, the mayor and a commissioner want a review of discipline and notice rules involved in two firings.
By LORRI HELFAND
Published August 26, 2004
LARGO - Two city employees classified as first responders in disasters were fired for not coming to work the day Hurricane Charley was expected to hit. But the city has no written policy that says employees with a primary emergency role will be terminated for not reporting.
City management said employees in that category clearly know they can be fired for not showing up. But the fired employees, a union representative and at least two officials have questioned the clarity of the policy and severity of the discipline.
Largo's employee disaster manual says "the designation of an employee as a primary responder is an important condition of employment."
Human Resources Director Susan Sinz said that passage means "if there is a pending disaster, you will be called on to perform those responsibilities, and barring any extenuating circumstances, you need to be there."
Both James Gesicki, a spray technician, and Allen Janosky, a wastewater treatment plant operator, were fired for "insubordination by refusing to follow a direct, written or verbal order from a supervisor," as stated in the code of conduct. The code lists only one disciplinary action for that offense: dismissal.
But the code also indicates that discipline for "failure to comply with oral or written orders" ranges from a three-day suspension to dismissal.
Gesicki worked for the city for 30 years. Janosky worked for two years in his current position and was previously employed by the city in other positions for about two years.
Stephen Sarnoff, president of the Communication Workers of America Local 3179, said neither employee's actions rise to insubordination.
"The fact is, the city didn't have the right to order them to work," Sarnoff said.
Sarnoff said the union filed a grievance with the city on behalf of Janosky, a union member, and Gesicki could get his job back if Janosky's action is successful.
Gesicki, 61, admitted that he knew that he could lose his job for not reporting to work that day, but he felt he did everything by the book. The disaster manual says employees who do not feel they will be able to fulfill the primary responder role should discuss their concern with the department director prior to an emergency condition.
On Aug. 12, Gesicki informed two supervisors that he needed to pick up his mother, who lives in an evacuation zone, and take her to his house in Hernando County. Both told him he could lose his job if he did not report back to work the following day. Aug. 13, he called a supervisor to tell him he could not come in because he had to take care of his mother. His supervisor told him he needed to return to work.
City Manager Steve Stanton said Gesicki should have informed the city earlier, not the day before a potential disaster.
Janosky told his supervisor he couldn't come to work because he lives in an evacuation zone and needed to evacuate.
City management said neither men had extenuating circumstances. Gesicki and his mother, Catherine, claim Gesicki did.
Catherine Gesicki said she has a bad hip, an arthritic spine and internal injuries from lifting her late husband, which require her to lie down frequently. She said she told her son she didn't feel comfortable going to a shelter. She lives alone, but said her neighbors often check in on her. James Gesicki said he asked family friends to look out for his mother in emergencies, but a member of that family had a stroke.
Robert Walker, an attorney representing Janosky, said Janosky's situation was complicated by the fact that he couldn't find shelter for his two dogs.
Police Chief Lester Aradi said two of his employees, a police officer and a payroll clerk, were given permission not to report to work the day the hurricane was expected to hit. The police officer's wife had given birth to a baby prematurely and there were medical complications. And the payroll clerk had a similar situation to Gesicki's. She was asked to answer the phones the day of the hurricane, but was given permission to stay home because she was a second responder, required to report after the event.
Both Gesicki and Janosky can appeal their terminations to the Personnel Advisory Board, a group of citizens and employees that makes recommendations to the city manager regarding employment practices. The City Commission is not responsible for the hiring and firing of employees, but it has the power to revise city policy.
Both Mayor Bob Jackson and Commissioner Charlie Harper have expressed interest in reviewing the city's policy to require more time for such decisions.
Harper said the city needs a clear policy with disciplinary options that take personal circumstances into consideration.
"The city ought to have a uniform policy for dealing with all departments with equity," he said. "The range of disciplinary actions should start minimally and range to termination."
Jackson said public works employees like Gesicki are needed in emergency situations, but major decisions like these require investigation before severe actions are taken.
"Where's a 61-year-old man going to find a job? I understand supporting the city manager, but I can't deny my feeling of what is right and what is wrong," the mayor said.
