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Fired city worker fights for job reinstatement

The hearing in St. Pete Beach considered whether not knowing the rules on reporting a loss of license was a firing offense.

By JADE JACKSON LLOYD
Published March 27, 2005

ST. PETE BEACH - For nearly two days last week, the commission chambers in City Hall served as the backdrop for a courtroom-worthy drama.

Witnesses testified. Two attorneys made opening and closing statements, submitted evidence and pontificated on legal proprieties. At one point, not one, but two court reporters took notes on the proceedings.

George "Jay" Tabbron, an 18-year city employee, was fired Jan. 21 for not reporting his DUI arrest in November and the subsequent loss of his driver's license. Tabbron has told Neighborhood Times he didn't know that by failing to do so, he violated city policies.

Judge and jury are the city's Personnel Review Board, made up of five city-appointed volunteers. The witnesses included the city manager, the public works director, a maintenance worker and the personnel officer.

The verdict remains to be seen.

After 11/2 days of questioning and presenting evidence, the board ruled that both sides must submit their findings of fact by close of business Monday to the city attorney, who will give them to the board by close of business Tuesday.

The board will reconvene the hearing Wednesday at 10 a.m. to give its final ruling on whether Tabbron should be reinstated in his job, city officials said Friday.

On Wednesday, the city's labor attorney, Reynolds Allen, re-created the series of events leading to Tabbron's firing. On Nov. 16, Tabbron left work two hours early to visit his dying father in Kissimmee, Allen said. He spoke with his department director that night and told him he'd be at work the next day.

When driving home that night, he was pulled over in Pinellas Park, arrested and jailed. His mother called in the next morning and told Tabbron's bosses her son was sick. Allen argued this was an abuse of sick leave.

Tabbron's attorney, John "J.D." Hadsall, used an unorthodox argument in his client's defense: He recalled the conditions of his own DUI arrest.

"I was sicker than a dog from a hangover," he said Wednesday. "Saying that is not sick leave, I don't know what is."

Tabbron returned to work shortly thereafter and worked without incident until Scott Graubard, the city's public works director, found out from a public works employee one month later that Tabbron had been in jail. An investigation ensued, during which Tabbron was suspended without pay and eventually terminated.

One of several employees required to have a commercial driver's license, Tabbron lost that license for a time, as well as his regular driver's license. Though he was awarded a hardship license, Allen said Tabbron put the city at risk by not informing them of the arrest.

"He took away from the city the opportunity to evaluate the situation," Allen said.

Hadsall countered that Tabbron was rarely required to drive a CDL vehicle in performing his primary duties for the city. He often drove only the pickup, which does not require a CDL.

Among the documents Allen submitted as evidence are the city's personnel rules and regulations - which state that employees' failure to report to the city when their driver's license is revoked could result in termination - and an acknowledgement form of Tabbron's saying he read them and accepted any amendments.

"He knew the rules. He violated the rules," Allen said. "We don't think he should ever work here again."

Throughout the hearing, Hadsall argued that Tabbron received disparate treatment in his investigation than other employees had in the past. He put particular emphasis on Graubard, the public works director and the person who initiated Tabbron's firing.

Graubard, in the position since November 2002, was investigated last summer for allegedly making racist, sexist and religious statements in the workplace. Following an internal investigation, the city manager found that nothing illegal occurred, and required the public works department to undergo sensitivity training.

Hadsall pointed out that Kara Schrader-Smith, the city's personnel officer, led the Graubard investigation, though it was well-known among employees that she attends a Bible study Graubard started, every week in the city manager's suite of offices.

Allen argued that one investigation has nothing to do with the other, because they were conducted by different people and for different reasons.

When the city manager testified, Allen also pointed out that even if the board reinstates Tabbron, he has since been convicted of a DUI. The city manager now "knows something he didn't know before" and can act accordingly, he said.

[Last modified March 27, 2005, 00:34:19]