Commission blocked from hearing Fulwood’s grievance

HIGH SPRINGS – After a representative for fired police lieutenant Gordon Fulwood filed a last-ditch effort to appeal his termination to the High Springs City Commission, City Attorney Thomas Depeter has responded with a denial.

Police Benevolent Association representative Rick Nelson filed a step three grievance Jan. 26 for Fulwood to appeal his termination to the city commission. Depeter responded Tuesday in a memo to commissioners stating that under the High Springs City Charter, the city manager appoints and dismisses employees and the commission has no voice in that process.

According to the Charter dated November 2001, “Neither the City Commission nor any of its members shall in any manner dictate the appointment or removal of any city employee except the charter officers…” The Charter also states “The city manager when necessary shall appoint, suspend, demote or dismiss any city employee under his jurisdiction in accordance with law and the personnel rules…”

However, the High Springs Personnel Manual dated November 1998 conflicts with those rules and states, “An employee will be given the due process right of a pre-determination hearing prior to termination. All such decisions must have the concurrence of the city manager and approval of the City Commission for adherence to due process prior to announcement of final decision or implementation.”

The Personnel Manual continues to say, “If the grievance is not resolved to the satisfaction of the employee after review with city manager, the employee may appeal to the City Commission. The City Commission’s decision will be final.”

Although Depeter stated the Charter trumps when there is a conflict with the Personnel Manual, High Springs Police Chief James Troiano outlined Fulwood’s rights in reference to the Personnel Manual, not the Charter, in his termination letter Dec. 28. Drumm later approved Troiano’s motion to fire Fulwood Jan. 21.

Troiano writes, “You will remain on paid administrative leave until you have exhausted all of your grievance rights provided to you by the City of High Springs Personnel Policy and Procedure Manual (Loudermill Hearing and Grievance to the City Manager).”

According to High Springs grievance procedures, a fired employee can appeal to their direct supervisor, the department head and finally the city manager.

In Fulwood’s case, he already appealed to High Springs Police Chief James Troiano, who is Fulwood’s supervisor and department head, and to the city manager. The Policy Manual clearly states he can now appeal to the City Commission, while the Charter rules his appeal process ended with Drumm.

In his memo, Depeter stated any provisions in the Personnel Manual that conflict with rules in the Charter should no longer be valid. He cited two Florida law cases, Metropolitan Dade County v. Metro-Dade Fire Rescue Service District and Laborers’ International Union of North America, Local 478 v. Burroughs to outline his decision.

The Dade County case, ruled in 1991, states “Any ordinance passed by the County Commission must comport with the Dade County Charter.” The Laborers’ International case, ruled 1989, states “a conflict exists when two legislative enactments cannot co-exist,” and “the test of conflict is whether one must violate one provision in order to comply with the other.” Depeter interpreted this to say if the employee were allowed to appeal to the commission, it would violate the provisions of the City Charter.