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Age bias investigation clears county officials

The county human resources director finds that a 66-year-old code inspector was not a victim of discrimination.

By CATHERINE E. SHOICHET
Published September 1, 2005

LECANTO - A county investigation has determined that officials did not practice age discrimination when they passed over a 66-year-old code inspector for a promotion.

In a memo to County Administrator Richard Wesch, director of human resources Randy Petitt said officials who selected Kimberly Bruce, 39, to head the county's code enforcement section had picked the most qualified applicant for the job.

On Aug. 18, former Citrus County code inspector Theodore Tindall, 66, wrote a formal grievance to members of the County Commission and Wesch, alleging that county officials had picked an unqualified person to supervise the county's code enforcement section.

"I am convinced there was a conspiracy to disenfranchise me due to age," he wrote.

He asked county officials to suspend their selection of Bruce until an investigation was completed.

On Aug. 19, Wesch asked Petitt to investigate Tindall's complaint.

Petitt began an investigation, interviewing Tindall, director of public safety Charles Poliseno, director of community development Chuck Dixon, Assistant County Attorney Michele Lieberman and other code enforcement employees last week.

But Tindall said the investigation was unfair and submitted a letter of resignation last Friday, saying he could not "perform effectively while suffering the anguish of this blatant discriminatory act."

Bruce, who began her new job Monday, has worked as a senior probation officer for the Florida Department of Corrections since December 2000. She received a bachelor's degree in criminology from the University of South Florida in 1992 and has worked in real estate and as a bank teller.

Tindall had been working as a code inspector for Citrus County since Dec. 12, 2003. He said he has more than five years of code enforcement experience.

The county received 21 applications for the director of code enforcement position. Petitt said 15 of those applicants were qualified and six candidates were interviewed, including Bruce and Tindall.

Tindall said he was the best qualified candidate. Bruce could not be reached for comment.

In his memo to Wesch, Petitt wrote that Poliseno and Dixon independently concluded that Bruce was the best candidate for the job, particularly given her experience with the legal process.

He also noted that several of Tindall's co-workers said they had problems working with Tindall. And Lieberman "stated that she had found him to be arrogant and that he was sloppy in his preparation for testimony, often confusing cases," Petitt wrote.

Tindall, reached at his Citrus Springs home Tuesday, said he was not surprised by Petitt's findings. Petitt should not have been selected to investigate the complaint in the first place, he said.

"He wasn't focused on the reason for the grievance," Tindall said. "He was focused on trying to discredit me."

Petitt said conducting such investigations is part of his job description.

"I thought I was impartial and could conduct the investigation, and so did Mr. Wesch," he said.

Petitt said the county has finished its investigation.

"As far as we're concerned it's a closed issue," he said. "What happens from here is up to Mr. Tindall."

Tindall maintains that county officials passed him over because of his age and picked an unqualified applicant. He said he has filed a complaint with the federal Equal Employment Opportunity Commission's Tampa office.

Catherine E. Shoichet can be reached at cshoichet@sptimes.com or 860-7309.

[Last modified September 1, 2005, 00:57:17]