City terminates employment of H R Director - Allegations surface of mismanagement of City Fire Department

October 21, 2014 5:07 p.m.

An investigation into allegations of bullying, targeting, and harassment of members of the Fernandina Beach Fire/Rescue Department by Jason Higginbotham fire chief began September 4 2014. City Manager Joe Gerrity requested the investigation be conducted by Deputy Police Chief Mark Foxworth and Human Resource Generalist, Ashley Metts. Twenty-one fire department personnel were interviewed. Although the initial investigation focused on an allegation concerning Fire Chief Jason Higginbotham, the extensive interviews with personnel also uncovered concerns of bullying, targeting and harassment, by Deputy Chief Fino Murallo. On October 10, 2014 the final report was completed and turned over to Gerrity.

Although most of the allegations in the report proved to be "not sustained" or "unfounded," the conclusion follows:

"This inquiry has concluded that there are issues whether perceived or real that are causing angst among many employees within the Fire Department. There seems to be an "us against them" mentality throughout the ranks from the newest employee through the administration. There also seems to be a problem relating to training documentation that can create a high level of liability for the City of Fernandina Beach."

Robin Marley
File Photo

At approximately 4:00 this afternoon, Robin Marley, human resource director,  told the Fernandina Observer that she received a call from Deputy City Manager Marshall McCrary informing Marley the City will terminate her employment and that a letter providing details as to the reason for her termination will follow.  Marley has worked as director of Human Resources for 10 years.

On Monday, October 13,  Marley was placed on administrative leave indefinitely by Gerrity pending an investigation. Through a public records request, the Fernandina Observer received a copy of an October 21,  correspondence sent to Gerrity from Marley.  According to the correspondence, the investigation was to focus on her release of a public records document, and her discussion with newly hired Deputy Fire Chief Bergel.

The letter written by Marley appears below in its entirety.

October 21, 2014

Dear Mr. Gerrity:

I am writing to advice you of my concerns with the direction that the City has taken regarding the recent investigations relating to the Fire Department.  As Human Resources Director, it is my responsibility to address problems in the City's work force, and to identify problems in the management of the City's workforce that could lead to employment law liability.  I have performed my duties, but now found myself targeted by an investigation initiated for the purpose of silencing me in performing my job.

The investigation being conducted against me is supposedly based on two issues:

(1) my release of public of records documents; and (2)my discussions of the problems in the Fire Department with a newly hired deputy fire chief.  As to public records issues, I provided documents to the city clerk, and followed the City's process for complying with public records requests.  I was shocked that the city attorney later questioned why I didn't designate some of the documents as "attorney-client privilege," when none of the documents would warrant such a designation.  Florida law creates some very substantial penalties for violating the Public Records Act, and I don't want to see the City adopting policies or attitudes that result in violations of the law.  I am very concerned that the present investigation against me was initiated to deter me from complying with the Florida Public Records Act, and I can see no other purpose for the investigation and my present suspension from work.  I believe that taking disciplinary action to deter me from complying with the law is, in itself, a violation of the Public Records Act.

The investigation is secondly focused on my comments to incoming Deputy Fire Chief Peter Bergel.  DC Bergel was brought to the City to address the considerable problems that the City has been experiencing with the leadership of the Fire Department.  In my position, I have had the opportunity to observe that the Fire Department has been grossly mismanaged.  The City hired DC Bergel to assist with the substantial management problems we have been experiencing in that department, especially with personnel issues.  It was therefore clearly part of my duties to discuss personnel issues with DC Bergel.  DC Bergel acknowledged to me that he realized that he was brought to the City to assist with some of the Fire Department's management issues, and there is no reason that I should not have shared my concerns over fire department management with DC Bergel.

I have served this City loyally for ten years.  My thirty-seven years of human resource experience tells me that my job is not to stand idly by when an important department is being grossly mismanaged. Yet, recent events clearly reflect an intent to deter me from expressing legitimate concerns. The Fire Department management has dealt with its employees in a way that has generated numerous complaints and a recent detailed investigation by Deputy Police Chief Foxworth.  It appears to me that Fire Department management targets employees for adverse treatment when those employees raise legitimate concerns regarding the department's management.  Now, it appears that I am being similarly targeted.

The fire department cannot be successful if it is ruled by intimidation and personal pettiness.  Any fire department is a para-military organization, and it is essential that management have the respect and support of subordinates.  Arbitrary personnel decisions and poor management will negatively impact the safety of our City by reducing the effectiveness of our fire department.

The way in which my "investigation" has been conducted is highly unusual.  I know of no other time when a high-ranking City employee has been locked out of the office; cut off from email access; or had a cell phone monitored by a member of the city attorney's ofice.  It appears that my treatment is fueled only by a desire to eliminate my complaints about a grossly mismanaged department.  Part of my role is to advise you and other decision makers when you are making mistakes that can place the City in jeopardy, and I am using this document to place you on official written notice of my concerns regarding violations of law and gross mismanagement.  I would hope that you will accept my written notification as an effort to put the City back on track with a healthy approach to the significant HR issues we must face.

Sincerely,

Robin Marley, SPHR

Human Resource Director

City Manager Joe Gerrity responded "no comment" when asked by the Fernandina Observer to comment on Marley's letter.

Prior to Marley's termination, Steven Henderson, president of Local Union 2836 offered the following comment:

"Our primary concern is to serve the public to the best of our ability, and to maintain and or exceed a level of service that the public expects and deserves. This is, and will always be our top priority.

As far as any on going or past investigations, we as a Union are trusting that the City Officials are practicing due diligence in handling these matters, so that the outcome will be to the benefit of both the Fire Department and the people we serve."

Editor's Note: The Fernandina Observer decided to release this story now because of the wide circulation of Ms. Marley’s letter through electronic means (it is a public document). The Fernandina Observer will continue to cover this story as events unfold.