TO: Honorable Mayor & Members of the North Port Commission
FROM: Heather Faust, MMC, City Clerk
TITLE: Discussion and Possible Action Regarding Potential Violations of the City Charter and Employment Contract as Outlined by the Complaint Filed by Commissioner McDowell Against City Manager Jerome Fletcher.
Recommended Action
To be determined by the City Commission.
Background Information
Resolution 2019-R-07, “establishes a procedure for investigating allegations and complaints against a charter officer engaged in unlawful discrimination, harassment and other violation of law or city policy, rule or standard of conduct”. Exhibit A, of the Resolution, has a list of six items which “shall require the initiation of an investigation into the actions of the Charter Officer”. The third item on the list states, “Non-compliance with, or any violation of, the Charter Officer’s employment Contract”. In accordance with the Resolution, on April 25, 2023, I provided eight separate scenarios outlining a pattern violating the Charter and employment contract and filed a formal complaint with Christine McDade and Amber Slayton against North Port City Manager, Jerome Fletcher.
The City Attorney and Ms. McDade reviewed the complaint. I received the City Attorney’s response the next day. The response stated, “the policy does not apply to performance-based concerns such as those alleged”. The response further states, “this is in the City Commissions purview as a body to (i) determine how it will analyze, address, and respond to performance-based concerns of a charter officer; (ii) determine whether a charter officer violated their employment contract; (iii) determine the parameters of a charter officer’s authority as established in their job description/and or in the City Charter”.
As a result of the City Attorney’s interpretation, I am bringing this to the City Commission for a formal review and discussion. No doubt this is an uncomfortable discussion and Sunshine laws require this discussion be held at the dais.
The oath I took upon entering office is my foundation, which represents my bond and solemn promise to the citizens. This oath obligates me to bring Charter and other policy violations forward.
Only the Commission body can determine the next steps to ensure all Charter Officers carry out the Commission’s official actions; ensure no Commissioner is acting independently with the Charter Officer (without the Board’s prior approval); and to ensure all communications are shared equally. By doing nothing, we would be setting a precedent which would allow any Charter Officer to circumvent the Commission’s authority, enacted through Ordinances, Resolutions and/or any other directives.
Strategic Plan
Good governance
Financial Impact
Not applicable.
Procurement
Not applicable.
Attachments:
1. Resolution 2019-R-07
2. Commissioner Complaint Filed
3. City Attorney Response
Prepared by: Heather Faust, MMC, City Clerk
Department Director: Heather Faust, MMC, City Clerk