City Manager

Staff is recommending the hiring of an executive search firm that will provide support for all components of the recruitment process, from solicitation of candidates until a candidate is appointed.

City staff would work closely with the recruiter and handle many of the administrative details. It is estimated that the cost of hiring an executive search firm for the city manager recruitment would be approximately $30,000.

This approach requires each elected official to appoint one community stakeholder to participate in the recruitment process.

Also, the staff is recommending a timeline that will result in having a search firm under contract by spring with the goal of scheduling interviews in January 2019 with the estimated start date of a new city manager in March of 2019.

This means the decision on the city manager position will not take place until after November 2018 elections that could potentially result in at least three new city commissioners.

Staff anticipates that a new city manager could be on the job by no later than March of 2019.

The staff is also seeking the city commission to formalize the appointment of the Deputy City Manager to act in the capacity of Interim City Manager until a new city manager is selected by the city commission.

City Attorney

With regards to the city attorney position, city staff is seeking additional guidance and direction from the city commission.

On January 17, 2018, the city commission interviewed the three qualified candidates and and ultimately voted to bring the matter back to the city commission for further discussion.

The commissioners also discussed the possibility of hiring an executive search firm to identify further viable candidates for the position.

City Commissioner Nancy Miller has previously criticized the city attorney search process.

City staff is also asking the city commission to appoint an interim city attorney effective February 1, 2018.

Last week, City Manager Rick Fernandez went before City Commissioners to explain the 5-digit raises that resulted in annual salaries reaching $175,000 for five individuals. The City Commissioners, after hearing the presentation, offered overwhelming support for the City Manager’s actions.

One of the arguments Fernandez used to sway the Commissioners was the amount of savings that resulted from the reorganization through the elimination of ten positions. Fernandez told the City Commissioners that the savings were approximately $900,000.

However, new findings raise serious questions about the savings.

Through a pubic record request, TR received information about the 10 positions and the associated salaries that the City Manager claimed were saved in the reorganization.

TR has verified that one of the names on the list, and referenced as an eliminated position with savings of approximately $92,000, was for a city employee that retired on July 31, 2014.

The employee, Greg Wilkerson, told TR:

At the last Tallahassee City Commission meeting, the new City Manager, Rick Fernandez, assured elected officials that the practice of not allowing businesses to participate in City sponsored events because they compete with a City service, would end.

The issue arose when a local gymnastic business, Gym Force, was told they could not participate in the City’s Winter Festival because they competed with services provided by Trousdell Gymnastics & Aquatics Center. See full report here.

However, shortly after that statement, the City Manager told the City Commission that he was proud that the golf program at Hilaman “has driven prices in Tallahassee for the golf community way down. The average golf round today is about half what it was five years ago. We’re extremely proud of that…”

Local owners of golf clubs told TR they are concerned with the pricing at Hilaman, especially with the recent downturn in the economy and the struggling golf market.

One golf course owner said, “it is not helpful to have a golf course run by a City with enormous resources that is interested in driving prices down. We have enough challenges as it is.”

The issue of the City of Tallahassee pricing services below market value came up with the gymnastics story.

Owners of dance studios and gyms told Tallahassee Reports they had to keep prices lower because of the service offered by the City. These owners said the City prices for gymnastics and dance classes were below what they considered sustainable for a private company.

“The City subsidizing their services with my tax dollars has hurt my business,” said one owner.

While Anita Favors-Thompson receives high approval ratings for the delivery of core services, our findings indicate that on issues dealing with electric utilities, growth-management, and the airport, the centralization of power in the hands of one person is beginning to raise concerns in the community.

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Anita Favors-Thompson has been Tallahassee’s City Manager for almost 14 years. As City Manager she is charged with spending close to $800 million to deliver the vital services of our community while keeping three out of the five city commissioners satisfied.

The fact that these commissioners are part-time, face re-election every four years, and make decisions based on information that is provided by the City Manager, clearly gives Anita Favors-Thompson the freedom and influence to get things done.

And based on customer surveys, this freedom and influence has served the city well. The most recent survey showed that 85% of those polled rated the quality of services provided by the city as excellent or good. These high ratings give the City Manager a lot of room to operate.

For example, when a city commissioner was told they voted to create a $130,000 a year position for the “green department” they were surprised. “Frankly, I was not aware of that. This is a part-time job and I do not have time to dig into the details of every vote”… said the commissioner. “At some point you have to trust staff.”

And that is what enhances the power and authority of Anita Favors Thompson –trust. With city approval ratings for core services well over 80 percent and the fact that incumbent city commissioners rarely lose elections, there is little public criticism from her superiors. It is clear that her performance insulates her and her executive staff from probing questions and any public criticism.

Another factor that adds to her success is her ability to keep the Wednesday city commission meetings as predictable as possible. Unlike the Leon County Commission, seldom are their any contentious debates among the elected commissioners. Sources say that commissioners are aware of the “rules” and rarely stray from the script.

This ability to get the job done and keep the elected officials happy, allows the city manager to extend her influence beyond her formal structure of authority.

For example, a recent initiative by a local business organization to measure and evaluate city government was “killed by Anita” said an organization member. “It is tough to stand up against taxes and utilities when you depend on the city for a permit. These people have long memories” said one local builder.

Another example of the city managers extended reach is the recent re-establishment of the Citizens Advisory Committee for Utilities. The City has over 30 citizen’s advisory boards that are under the Treasure Clerk, a Charter Officer that reports to the City Commission, not the City Manger. But when asked why the City Manager is in charge of the Citizens Advisory Committee for Utilities, instead of the Treasure Clerk, a city official would only say “that’s the way they wanted to do it.”

Comparison of City Manager Authority

After reviewing organizational charts from major cities across the state of Florida, Tallahassee Reports determined that there were two major areas where there was significant variation in the authority of the City Manager position. These functions include the operations of airports and public utilities.

Tallahassee Reports compiled comparisons with Tallahassee, Gainesville, Orlando, Jacksonville and Lakeland with regards to the authority the City manager has over these governmental functions.

The chart above shows who has ultimate authority over various governmental functions.

In Jacksonville and Orlando, a separate authority – appointed by elected officials – has the responsibility for the operations of most utilities functions. In Gainesville, the Director of the Utility is appointed by, and reports directly to the City Commission. In addition, the utility advisory board is appointed by, and reports to, the City Commission. In Lakeland, the City Manger is responsible for utility operations; however the utility advisory board is appointed by and reports to, the City Commission.

In Tallahassee, there is not one aspect of utility operations, which accounts for approximately $360 million, that Ms. Favors does not have complete control. The General Manager of the electric utility reports to the City Manager. The electric utility budget is approved by the City Manager’s budget director. And finally, the members of the Citizens Advisory Committee – unlike other advisory committees – are appointed by, and report to the City Manager.

With regards to the airport responsibilities, Orlando, Jacksonville, and Gainesville all have airport authorities staffed by members appointed by elected officials. In addition, Panama City – to the west – and the city of Valdosta-to the north, both have airport authorities staffed by appointments by various elected officials.

The COT has an Airport Advisory aboard that is appointed by the Mayor, but all operations are the responsibility of the city manager.

Reviewing the chart above, it is difficult not to conclude the City Manager of Tallahassee has more authority than any other City Manager in the state Florida.

Implications

The City Manager’s detractors, and after 13 years in such a position there are bound to be some, say that her focus on making decisions without much public debate is beginning to wear thin in a city that is changing and struggling at the same time.

In addition, some are concerned about her growing influence on issues that deal more with policy than city operations. Such issues include the joint dispatch center, the consolidation of growth management and her unquestioned authority over utility functions.

Ironically, her approach may be just what Tallahassee needs with regards to garbage service, public works and parks and recreation, however, on regional issues that require community consensus on policy, some say it is time the city opened up the process.

State representative, Michelle Rehwinkel-Vasilinda, during this year’s legislative session, floated the idea of having the Florida state legislature create an airport authority for Tallahassee. And while she did not follow through on the issue, she urged the community to start a conversation about the airport and its impact on the future of Tallahassee.

Rehwinkel-Vasilinda said, “our conversation should include questions about why the Tallahassee Regional Airport has the highest aviation fuel prices in the state. It should also include who we will be hiring as our new airport director. We need the best airport director we can attract with a track record of maximizing airline service.”

Also, mild mannered and will respected community leader Jim Croteau, a member of the Citizens Advisory Board for Utilities, argued publicly that the Citizens Advisory Board should not report to the City Manager, but should report directly to the City Commission, like most other advisory boards.

In addition, several community leaders have told Tallahassee Reports that the advisory board process should be overhauled and reconfigured to promote more independence from the City Manager.

Based on interviews, leaders say the current situation has deterred many people from getting involved in the process. “Just like the last city charter review recommendations that took eight months to get ignored by the City Commission, the advisory board process does not seek real input on the major issues,” said a prominent community leader.

Would more independent advisory boards make a difference? One need only look to the city of Lakeland where the citizen’s electric utility committee public debated and voted against smart meters. The discussion was covered in the local media and raised serious questions about the cost and benefits of the technology.

The Future

The City of Tallahassee will continue to grow, and with that growth will come more citizens who are interested in being heard. It appears that other cities in Florida have addressed this issue by getting more citizens involved on independent boards.

Could it be that Tallahassee has outgrown the governing structure that places so much power in the hands of one person? This question can only be answered by our elected leaders and/or the failure or success of citizen petitions to the charter of the city of Tallahassee that call for a more decentralized form of local government.

Also, Ms. Jaber is listed as the the vice-chair of the Big Bend Minority Chamber of Commerce whose founder and president is Sean Pittman, the City of Tallahassee’s state government lobbyist.

According to public records, Jaber provided an application to the City of Tallahassee on December 29th, 2014 and was recommended to the full Commission by Mayor Andrew Gillum on January 14, 2015.

The City’s vendor records show that a representative for Jaber’s law firm signed a contract approximately six months before her appointment, on June 13, 2014, to provide legal services to the City’s electric utility for a term of two years.

The contract can be viewed here.

City records show that Gunster was paid $9,745 by the City of Tallahassee from August 2014 through January, 2015.

The contract appears to still be in effect.

A review of the minutes of the City Commission meeting which addressed Jaber’s appointment to the Ethics Board, reveal that there was no discussion among the City Commissioners about the business relationship with Gunster. The City Commission eventually approved Jaber’s appointment in a 5-0 vote.

Discussions with sources in a position to know, said that Commissioners were unaware of the business relationship.

The Mayor’s office has not returned our phone calls.

Ironically, the new ethics code requires elected officials to disclose business relationships with city vendors and also provides disclosure before any votes where an elected official has had a business relationship within the last 12 months.

However, there appears to be no such requirement for Ethics Board members.

The fact that the Gunster contract was with the City’s electric utility raises further questions.

Ms. Jaber was appointed to the City’s Citizen’s Advisory Committee for Utilities by City Manager Anita Favors-Thompson a period of time before Gunster was awarded the contract.

TR will continue to investigate.

This part of the general government budget funds salaries and activities related to the Mayor and the four elected City Commissioners.

Commissioner Scott Maddox asked about an increase in the Mayor and City Commissioner’s budget at a budget workshop weeks ago.

But no one, including Mayor Gillum and City Manager Anita Favors-Thompson, had an answer they were willing to share in public about the $84,000 increase.

Previously, TR reported that part of the $84,000 Commissioner Maddox asked about was attributed to a $44,000 increase in salaries and health care expenses in the Mayor’s office.

But what about the other $40,000?

TR has learned that the proposed tax increase is budgeted to fund a $40,000 raise for city lobbyists.

The current contract, which pays city lobbyist $180,000 a year for state and federal level work, is up for renewal in November of this year. The latest budget increases the contract amount to $220,000, a 22% increase.

The state lobbying team includes Sean Pittman, who is a mentor and the former campaign manager for current Mayor Andrew Gillum.

Historically, the lobbying contracts are handled by the Mayor’s office. However, this year the contracts were moved out of the Mayor’s office to a line item labeled “City Administration.”

Why were the contracts moved the Mayor’s office?

A review of City Commission meeting minutes reveals no Commission discussion on the move of the contracts. Sources tell TR this was done without consulting City Commissioners.

Who proposed the increase?

Again, a review of City Commission meeting minutes reveals no Commission discussion or votes on the additional $40,000 allocated for city lobbyists.

Sources tell TR that the maneuver and the increase was orchestrated by City Manager Anita Favors-Thompson to “protect Andrew Gillum and his connection with Sean Pittman.”

This explanation is consistent with other sources that have told TR that the Mayor and the City Manager are making decisions on a number of issues without any input from other elected leaders.

Ms. Jaber was an original member of the City’s Ethics Advisory Panel and one of two votes against an appointed ethics officer. Instead, Ms. Jaber advocated for putting the ethics officer under the authority of the City Attorney.

During the ethics panel debate Ms. Jaber said,  “I am not for a board because I do not want to promote confusion. Give the City Attorney a chance.”

Ms. Jaber is currently listed as a member the Citizens Advisory Committee on Utilities. Appointments to that board are made by the City Manager, Anita Favors-Thompson.

Also, public records show Ms. Jaber has donated $500 to each of Mayor Gillum’s last two campaigns for office.

The referendum language gives the authority for the appointment to the full City Commission. It appears that Mayor Gillum feels stong enough about the position to make a recommendation.

If the City Commission concurs with the Mayor’s recommendation, Ms. Jaber will join Board members appointed by Chief Judge for the Second Judicial Circuit, State Attorney for the Second Judicial Circuit, President of Florida State University, and President of Florida A&M University.

The Charter amendment specifies that the initial five members shall appoint two additional members to bring the Ethics Board membership to a total of seven members.

To date, Mr. Cecil Davis has been appointed by the  State Attorney and Mr. Funmi Ojetayo has been appointed by the President of Florida A&M.

Records show no recent political donations to campaigns for City offices by these two appointments.

Earlier this week Chief Judge of the Second Judicial Circuit has declined to make an appointment. FSU President Thrasher has not yet presented an appointment to the Ethics Board.

On December 16, 2014,  local TV station WTXL reported that “Mayor Andrew Gillum met with local leaders …about ways to improve the application process for government positions. Mayor Gillum suggested those who are interested not be asked about their criminal history when they first apply.”

Tallahassee Reports has learned that the issue, referred to as “Ban the Box”, is listed as an agenda item for the January 14, 2015 City Commission meeting.

According to banthebox.org, “the campaign started in 2004 after a series of Peace and Justice Community Summits identified job and housing discrimination as huge barriers to our successfully returning to our communities after jail or prison. The campaign challenges the stereotypes of people with conviction histories by asking employers to choose their best candidates based on job skills and qualifications, not past convictions.”

The website also reports that over 45 cities and counties, including New York City, Boston, Philadelphia, Atlanta, Chicago, Detroit, Seattle, and San Francisco have removed the question regarding conviction history from their employment applications.  Some cities and counties and the state of Massachusetts have also required their vendors and private employers to adopt these fair hiring policies.

Critics of  “Ban the Box” include the National Federation of Independent Business (NFIB).  “It’s a kind of one-size-fits-all, heavy-handed mandate that presupposes politicians and lawyers know better how to assess job applicants than the people who are doing the hiring,” said Jack Mozloom, a spokesman for the NFIB, told NBC News.  “Small business owners have much to lose here. They have their own customers to protect, their own financial information to protect, their own products and liability.”

Tallahassee Reports has also learned that Mayor Andrew Gillum’s employer, People for the Amercian Way, is a supporter of the “Ban the Box” movement through their leadership program called Young Elected Officials Network (YEO Network).

Mayor Gillum is listed as the Executive Director of the YEO.

The YEO lists “Ban the Box” as a target issue for local governments and gives as an example the ordinance adopted by the Council of the District of Columbia. Text here.

The District of Columbia ordinance, adopted in 2012, is not limited to government employment. One section reads:

“In connection with the employment of any person, it shall be an unlawful discriminatory practice for a private employer to… Make any inquiry about a person regarding any criminal conviction prior to making a conditional offer of employment..”

In addition,  the ordinance supported by YEO states that “following the extension of a conditional offer of employment, an employer may only withdraw the conditional offer for a legitimate business reason.”

The City of Tallahassee employment application currently includes a questionnaire that addresses, US citizenship, veterans preference, criminal background, registration for selective service, and contact with current employer.

When asked by TR if the City’s initiative would include private companies that do work for the City, Ellen Blair, the Human Resources Director with the City of Tallahassee,  said ” that has not been decided yet…We are still working on the agenda item.”

When asked if Mayor Gillum initiatied this issue, Ms. Blair said ” I get my direction from the City Manager.”

The City’s statement came in response to a public records request by Tallahassee Reports.

Tallahassee Reports has previously reported that the City Manager Anita Favors selected the highest bid to produce a Public Service Announcement (PSA) commercial for the Think About Personal Pollution (TAPP) program in 2012.

The City Manager selected The Big Production, Inc. who submitted a bid for $27,000 over MVP, Inc. that submitted a bid for $6,000. Both bids were submitted in January, 2012. Tallahassee Reports has also learned that the rationale used to select the highest bidder was based on the fact that The Big Production “has a successful track record with the program.”

Further research and discussions with City staff indicates that since 2011 most City PSA’s are produced using the City’s Communications Department.

According to budget documents, the City’s Communications Department has a budget of $1.3 million and  “is highly regarded throughout the country as a recognized leader in local government marketing and communications. Over the past year, the DOC has won 27 national, regional and statewide awards.”

The City of Tallahassee is a member of the City-County Communications Marketing Association that was founded in 1988 by government professionals who realized that times were changing and governments would need to become more competitive with the private sector.

The Association has an annual awards contest among its members for various communication categories. In 2011 the City of Tallahassee won six Savvy Awards, the highest award given by the CCCA.

The awards included a Savvy for the ‘Ready. Set. STOP!” outreach campaign which included the production of  a 30 second spot.

Tallahassee Reports is seeking an answer to why the City’s Communications Department was not used for the TAPP program.

Just one week later, October 22, 2013, Mr.Yordon, received a personal notification via email at the direction of the City Manager Anita Favors Thompson.The email, listed below, notified Mr. Yordon about an agenda item affecting his client, MHG, which was added late to the agenda for the City Commission meeting on October 23, 2013. The email was sent, 5:01 pm, the day before the City Commission meeting.

The issue involved the development of a piece of property at the corner of Tennessee Street and Monroe Street and a request by MHG to further delay the time table due to pending litigation.

TM Street, LLC, the development company challenging the MHG project, was not notified by the City Manager about the meeting that took place less than 24 hours after being added to the agenda.

David Theriaque, the lawyer representing TM Street, LLC, told Tallahassee Reports “we were not notified about the meeting” and indicated he was not aware of the meeting until after it took place.

Did the City Manager violate any rules or laws?

Chapter 112.313 section (6) of the Florida Statutes that regulates standards of conduct for public officers, and employees of agencies reads:

“No public officer, employee of an agency, or local government attorney shall corruptly use or attempt to use his or her official position or any property or resource which may be within his or her trust, or perform his or her official duties, to secure a special privilege, benefit, or exemption for himself, herself, or others.”

Was the email Mr. Yordon received at the direction of the City Manager a benefit? Why weren’t other interested parties notified?

Tallahassee Reports has submitted additional data requests on this subject. Check back for more information.

The City Manager’s presentation provided background information by informing the Panel about transparency efforts implemented by the City that included the recent addition to the website of a database that allows citizens to track city expenditures. She also spoke of the newly-adopted “Cone of  Silence” ordinance which prohibits vendors from communicating with City staff or officials once the procurement process reaches a certain stage and was adopted when the city commission decided to register lobbyists.

City Manager Thompson also informed the Panel that the City of Tallahassee was not a typical Florida municipal government in that it was rare for a city to own and operate an airport, electric power generating stations, and a transit system in addition to a host of other public works such as a natural gas utility, water utility, solid waste service, stormwater, etc.   Due to the large-scale nature of City operations, City Manager Thompson noted that the City procures a vast array of goods and services – many of which are very expensive.

City Manager Thompson discussed the Commissioner-to-City Manager relationship and reiterated that the City Charter specifically prohibits the elected officials from giving direction to rank-and-file employees.  City Manager Thompson stated that the Commissioners are limited to setting major policy decisions, which are then implemented by the four Appointed Officials, and that the commissioners did not make any hiring decisions other than to appoint a City Manager, City Attorney, Treasurer-Clerk, and City Auditor – and to hire their own Commission Aides.

City Manager Thompson indicated she has recognized the Panel’s interest in several key areas impacting the elected officers including education & training, awareness, professionalism, etc.  City Manager Thompson expressed that frank and open discussions with the officials were necessary and that such discussions do typically occur when newly-elected commissioners first begin their terms in office.  In addition, City Manager Thompson also noted that similar discussion occur with each Commissioners’ aide to ensure each aide knows the City Charter prohibition on interference and to explain why the boundary was established and necessary.

Chair Barnett thanked the City Manager for a thorough review and inquired if the City Manager had any specific recommendations for the Panel to consider.  City Manager Thompson responded that she has reviewed the Panel’s deliberations to-date and that she recognizes there is interest in designating a single employee to serve as an  Ethics Officer or  Ethics Advocate, which City Manager Thompson reiterated that these duties have historically been the responsibility of the City Attorney and his staff. City Manager Thompson agreed that designating someone to serve in this official capacity would place organizational emphasis on ethics and would provide the public with a definitive, single point of contact to express their concerns.

“No increase proposed for millage rate – City Manager Anita Favors Thompson today released the recommended $724.9 million fiscal year 2012 budget for review and action by the Tallahassee City Commission. The proposed amount is $2 million less than the current year budget and reflects feedback received from the community during budget public meetings earlier this year.”

The above statement, while absolutely true, fails to mention a few details.

Notice the city manager compares one budget to a previous budget. This approach allows the City of Tallahassee to never address actual spending. Why not compare the 2012 budget to a full year of actual expenditures for 2010?

If you make this comparison, the result is much different than the information in the city’s press release. In fact, the 2012 budget proposes $40 million in new spending over 2010 actual expenditures.

What the City manager forgets to tell the community is that while the 2012 budget is $2 million less than last years budget, last years budget projected $179 million in fuel costs and this years budget projects $155 million in fuel costs! Doesn’t this mean that citizens of Tallahassee should experience a windfall of $24 million this year due to the crash of the natural gas market?

A more accurate statement would have been “the 2012 budget does not increase property taxes, but increases non-fuel spending by $40 million over actual expenditures for 2010.”  In other words, non-fuel spending increased from $499 million in 2010 to $537 million in 2012, a 7.4% increase

Where is all the additional spending?

Tallahassee Reports compared the 2012 proposed budget with the actual non-fuel expenditures in 2010 in major fund categories and found the Electric fund increased by $19 million, the General Fund increased $6 million, the Sewer Fund increased $5 million, the Gas Fund increased $4 million, the Solid Waste Fund increased by $2 million, and the Fire Services increased by $2 million.

Tallahassee Reports also compared the Personnel Services category from 2010 with the 2012 proposed budget. This category includes all salaries and benefits for all city employees. For the major fund categories, Personnel services increased approximately 8.5% over 2010 levels. This translates into approximately $13 million in additional expenditures.