Pensacola City Council speaks out on investigation of fire chiefs

Pensacola City Councilman P.C. Wu spoke first on the investigation of the fire chiefs, during the “Council Communications” segment of the meeting.

“Sixty years of service to this city. Putting their life on the line. Sixty years. The next day I read in the paper that they’re not the subject of the investigation. Either they are or they not.

And then I understand there is an investigation but we don’t know what the investigation is about.

I don’t want to jeopardize the position on anything but I would feel remiss if I did not at least go on record to say I am saddened by the situation.”

Council President Charles Bare discussed what he knew about the situation.

He said that Rusty Wells, whom we now know was working on the behalf of City Administrator Eric Olson, had told him that city was conducting an investigation into hiring practices in the Pensacola Fire Department.

“I sat on that for awhile until everything I heard on every media outlet said it had nothing to do with that,” Bare said. “It was only about the EOC complaints—which is why I broke my silence to Channel 3 because I think there’s more to this case.”

He said he was suspicious of Olson’s explanation to the daily newspaper that changes in the HR policy manual and the investigation into the fire chiefs were unrelated.

“It’s just a little suspect to me. If you look back to 2013 when somebody took that action to get rid of the civil service board, they told, at the time, the legislature that they would be creating a new policy that marginally mirrors that but also reflects the changes made in the City’s former government and it would actual provide broader rights to employees—including an administrative appeals process for non-disciplinary complaints, mediation, and even providing attorneys,” said Bare. See legal analysis with footnote (page 3).

He added, “This was previous Human Resources that were here before the arrival of Ed Sisson that agreed to this. There’s even a note in here that says the attorney for the Health State Affairs committee interviewed staff from Human Resources at the time, Ms. Kuchera and Ms. Humphrey, and that they had told that the personnel administrative policy would be implemented by executive order of the mayor upon repeal of the act. “

The Council President said he called the committee and was told that there is nothing binding that requires the city to have the independent personnel board.

“This is a legislative analysis and when I was lobbying, I looked at these quite frequently because this is what the members and staff look at to see if they’re going to support something,” he said.

Bare said the new policy that eliminated the board and placed the City Administrator as the final authority on appeals created a conflict.

“I think that the whole reason that the legislature probably agreed that this was a good idea that had a personnel board is because it removed that conflict,” he said.

He is considering an ordinance that codifies something for the employees that are not in a bargaining unit that will protect them.

“The only reason that these two are being investigated is because they filed an EOC complaint,” said Bare. “What a terrible message that sends to anyone that works for our city that is not in a bargaining unit that you’re going to be put on administrative leave and everything you have can be taken away from you. You’re going to be taken off the website because you complained.”

The Council President also questioned the statement made by City Attorney Lysia Bowling on the hiring of Beggs & Lane to investigate the fire chiefs.

“It’s interesting that the city attorney mentioned tonight that the choice of Begs and Lane was the choice of the client. Because what has been said is that it’s a choice of the insurance company, I believe, not the client,” sais Bare. “I find it very, very interesting that the attorney that represents the mayor most frequently in his own issues with the city, in representation, is now the impartial one that is conducting the investigation.”

He added, “I find that very disturbing. This situation, I hurt for the two people who have been affected.”

Bare talked about visiting Fire Chief Matt Schmitt and talking with Deputy Fire Chief Joe Glover.

“I think there is nothing in that man’s life that he has ever done wrong. To have him vilified the way that it happened. I don’t care if it’s not punitive, it is,” he said.

The Council President said he plans to bring forward in the future a motion for the council to conduct an inquiry into the matter.

“The policy has not been to talk about personnel issues but this governing body needs to know what’s going on,” he said. “We have the power to do an inquiry and I move for doing that in the future. I don’t the kind of support I’ll get, but we have the power to inquire into any operation of this city. I think there needs to be one done.”

He added, “If you think you can just put people on administrative leave for the ones complaining but not do it to the ones being complained about, I think we need to talk to some more HR professionals and changing the policy mid-stream and not informing your employees is also something I think that most HR professionals would recommend against.”

Councilwoman Sherri Myers agreed that the council should conduct an inquiry. She was also concerned about the hiring of outside counsel by the mayor’s office on the investigation of the fire chiefs.

“I have a legal vendor that represents the city and the city is a client, it’s not the mayor, it’s the city. And the city council is part of the city. When I have an attorney, who is acting instead of the city attorney, telling me that he’s not going to provide me with information that’s non-confidential, by the way—the kind of information Councilwoman Cannada-Wynn asked for, what’s the nature of the complaint?

Let me see your retainer. What were you retained to do? They can’t give me that information.

I think that’s a violation of my right as a member of the governing body. I think there needs to be some changes and hopefully the Council will, again, support what I’m going to bring to them unanimously having to do with oversight of outside legal services.

Hopefully the mayor won’t veto it. Hopefully if he does, his veto will be overridden.”