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Resident files suit against City

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Bryan Boukari
Local
19 August 2012
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HIGH SPRINGS – A recent move by the High Springs City Commission that would place a charter amendment limiting City borrowing on the November ballot in High Springs is now the subject of a lawsuit.

Local attorney Linda Rice Chapman filed the suit Tuesday on behalf of High Springs resident Ross Ambrose, who is seeking injunctive relief from the court.  The civil case, filed in circuit court, takes aim at the process by which the commission approved placing the amendment on the ballot.  Mayor Dean Davis, Vice-Mayor Bob Barnas and Commissioner Linda Gestrin voted in favor of the proposed amendment, while Commissioners Sue Weller and Scott Jamison voted against it.

Named in the suit are the City of High Springs and Alachua County Supervisor of Elections, Pam Carpenter, who ultimately oversees elections and has the ballots printed.

At the center of the nearly 60-page lawsuit is the allegation that commissioners acted improperly during a meeting held on July 31. Commissioners held a second public hearing on the proposed charter amendment and in a narrow 3-2 vote approved it for the ballot with a change from a previously advertised $1 million borrowing cap to a $2 million borrowing cap.  Chapman argues in the lawsuit that such a change did constitute a substantial deviation from the first public hearing held on July 19, and thus required advertisement to the public.

After that vote, Ambrose reportedly left the meeting, having spoken out against the amendment altogether.

During that same July 31 meeting, commissioners decided to reconsider their action amid concern that the change to $2 million would be problematic as a result of the substantial change and public notice requirements.  Barnas, Gestrin and Davis waved the city’s own rules regarding reconsiderations of motions and proceeded to revert to the $1 million cap.

According to the lawsuit, commissioners never opened a public hearing and accepted public input before the vote on the $1 million cap.  Additionally, Chapman argues in the suit that proper reconsideration of an action may only occur at a subsequent meeting, not at the same meeting.  Moreover, since Ambrose left after the only advertised public hearing, he would have had no way of knowing the commission would yet again take up the issue of the borrowing limit.

“Plaintiff Ambrose is entitled to injunctive relief as he has clear legal rights that were violated (the right to meaningful notice and the right to a meaningful opportunity to be heard), and he has no adequate remedy at law,” the lawsuit claims.

Some of the concerns raised in the lawsuit seem to be shared by the city’s own attorney, Ray Ivey.

“Ray Ivey announced that it had been brought to his attention that  since Ordinance 2012-13 had been passed with a substantial change (doubling the debt ceiling), based  upon his interpretation of Attorney General Opinions, the enactment process must begin anew, requiring re-advertisement and two public hearing,” Chapman wrote in the lawsuit.

As to reconsidering the first ordinance, Ivey reportedly said “You have passed an ordinance…I do not think you can [change it now].”

After High Springs resident and former city attorney Thomas DePeter alerted the commission that they failed to open the public hearing for public comment, City Attorney Ivey suggested the commission reopen the hearing.  Despite the suggestion, Vice-Mayor Barnas abruptly moved for an adjournment to the meeting.

Numerous other allegations are made in the complaint, including that Barnas used an emergency meeting in an effort to push the amendment forward in time for ballot deadlines.

Ambrose seeks to have the court declare that the proposed charter amendment is not binding or is null and void because it was “passed in violation of Florida Statutes, specifically s. 286.011,” according to the suit.  He is also asking the court to enjoin Pam Carpenter’s office from placing the proposed charter amendment on the ballot.

As the plaintiff who filed suit, Ambrose is also asking for attorney fees and costs as a result of the commission’s actions.  And although the City of High Springs as an entity is named in the lawsuit, the matter could become much more personal.

“Furthermore, since the actions in violation of the law that are [described in the lawsuit] were taken against the advice of counsel, City Attorney Ray Ivey, attorney fees and costs may be assessed against the individual members of the commission who failed to follow the advice of their counsel…Those members are Mayor Dean Davis, Vice Mayor Bob Barnas, and Commissioner Linda Clark Gestrin,” the complaint states.

No court dates have been set for the case.

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High Springs city manager under fire

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AMANDA WILLIAMSON
Local
19 August 2012
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HIGH SPRINGS – During the final moments of an Aug. 9 commission meeting, Vice Mayor Bob Barnas suggested once again to send out an ad in search of a new city manager, but decided to wait until the Wednesday, Aug. 15, meeting to discuss the future of the position and the woman who currently holds it.

“Do I have to go on record to say that I’m not happy with what’s happened with the city manager and me and things that have happened? Absolutely not happy,” Barnas said. “Do I think I want to have this continue? Absolutely not. I think we ought to go in a different direction.”

Barnas asked High Springs City Attorney Raymond Ivey to draft a preliminary resolution to terminate High Springs City Manager Jeri Langman in preparation for the Aug. 15 meeting. Despite the fact that Barnas stated he wanted to consider placing a 90-day hire process, which includes a 30-day ad, during the Wednesday meeting, the agenda reads a consideration of Resolution 2012-L, which will notify Langman of the commission’s intent to terminate her employment.

According to Barnas, attorney Ivey said the memorandum of understanding (MOU) with the current manager from when she was originally hired as an Interim Manager still holds. Based on the MOU, Langman is a temporary employee helping the City until a permanent manager can be found.

Barnas suggested the City place an ad in search of a city manager who has finance knowledge so that High Springs could combine the positions of city manager and the city finance services director.

Commissioner Sue Weller contends that Langman’s status was changed to permanent manager at some point, and therefore the City Charter requires a resolution providing notice to Langman that she is going to be released from employment.

“I’m not trying to argue with you in terms of what you want to do,” Weller said. “I’m concerned about the process of it.”

The Commission stated during the Aug. 9 meeting that Langman’s status was made permanent to comply with labor laws concerning benefits.

“You can’t make her full-time to be compliant with wage and benefit laws, but come back to say this [the MOU] trumps it,” Commissioner Scott Jamison said. “To me, it’s mind-boggling that this would even be considered.”

Despite the fact that the majority of the Commission seemed in favor of placing an ad in several local papers, Jamison felt it was inappropriate to advertise a job when there was currently someone filling the position.

“Just because it’s legal to do it, doesn’t make it right. What’s going on right now is wrong,” he said.

Barnas’ suggestion does not come as a surprise.  As recently as July 10 and June 28 meetings, he questioned his fellow commissioners about whether they were happy with Langman’s work.

“Obviously, we put a city manager in place as an interim city manager and then as a permanent city manager. Did we make a mistake? Yes or no, it will be debated forever and ever,” Barnas said during the June 28 meeting.  “But, the question now becomes, as another commissioner put it, Mr. Mayor, is it working for us?

During that meeting, the Commission scheduled a July 10 special meeting to discuss the hiring process for a new city manager, and Barnas requested Ivey to draft a resolution to terminate Langman. Although the commission didn’t take action on July 10, they did set a salary range of $48,000 to $75,000 annually for a new city manager. Barnas and Commissioner Linda Gestrin were in favor of moving forward with the search for a new manager.

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High Springs looking to cut employee benefits

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AMANDA WILLIAMSON
Local
19 August 2012
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HIGH SPRINGS – After discussing potential changes to the City’s personnel procedure manual, including capping vacation time, the High Springs Commission delayed taking action until the City’s Finance Services Director was able to attend a budget meeting.

“I want to address some serious issues in here that I think we have to address,” Vice Mayor Bob Barnas said.

During the Aug. 9 commission meeting, discussion centered on compensatory time, flex time, vacation time and merit pay.  The discussion follows a recent communication to the City of High Springs by the United States Department of Labor to pay the city’s former planner for unpaid compensatory and flex time.

Following the Department of Labor’s warning of a full-scale investigation, Barnas said City staff has improved their efforts within the last week to keep up with compensatory time.

Currently, employees earn vacation time based on years of service to the City. Employees with more than 20 years with High Springs earn 200 hours per year, while hours earned by employees with fewer than 20 years is calculated based on the years. Most employees are not allowed to accrue in excess of 240 hours, but department directors may accrue up to 320 hours.

Barnas suggested capping vacation time at 240 hours for department heads and 200 hours for all other employees.

Commissioner Sue Weller cautioned Barnas about the process of cutting vacation time, stating employees may feel like they’ve earned the right to the time they have already accumulated.

“I feel department heads should have better benefits,” Weller said, referring to the higher cap on hours. “Right now, that’s all they have that’s more than the employees they supervise.”

Fire Chief Bruce Gillingham suggested the City not cap the total hours, but limit the amount of carry-over hours to 40 a year. He also added that the carry-over deadline should be set for anniversary year instead of fiscal year so that City employees are staggered instead of fighting for vacation at the same time.

If the City decides to cut vacation time, the Commission would allow employees a year to use any time accumulated over the new set amount.

“Every city across the country is saying we can’t afford these things,” Barnas said. “If you ask me to vote on this now, I’m cutting everything.”

“I want to come up with something that truly gives someone a merit raise,” Barnas said.

City Manager Jeri Langman said before the City can hand out merit bonuses, there needs to be a uniform description of each job. She said staff is currently working on putting these together.

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Department of Labor shakes up High Springs pay practices

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AMANDA WILLIAMSON
Local
19 August 2012
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HIGH SPRINGS – High Springs City Manager Jeri Langman has released a final draft of a letter concerning former High Springs City Planner Christian Popoli’s demand for payment of compensatory and flex time hours.

In an article published on Aug. 9 titled “Department of Labor Rules Against High Springs,” it was reported that the United States Department Labor (DOL) advised the City to pay Popoli approximately $8,200 in order to avoid a full scale investigation.  The DOL also suggested the City pay back wages or compensation time to current salaried employees or former employees as far back as two and a half years if they had earned it.

Langman had initially identified a number of current employees as being affected by the decision, including City Clerk Jenny Parham, Finance Services Director Helen McIver, Fire Chief Bruce Gillingham, City Engineer John Morrison, Police Chief Steve Holley and City Manager Jerri Langman as well as former employees James Drumm, Verne Riggal, James Troiano and William Benck.

In Langman’s most recent letter, she states that the positions of City Engineer, Police Chief, Fire Chief, Finance Services Director, City Clerk and City Manager are exempt from the DOL decision due to the nature of the positions.

Langman proposed submitting recommendations to the Commission regarding these positions detailing the typical work hours expected of each position as well as how employees would be compensated for exceeding those hours.

Langman also stated in the letter that currently all the referenced employees, with the exception of the City Manager and the Finance Services Director, are being sent home after they reach 40 hours of work for the week.

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They are the CHAMPIONS

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Today Staff Report
Local
12 August 2012
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W_-_Feature_Babe_ruth_Champs_Pitt_NC_DSCF6652_copyPitt County North Carolina takes Babe Ruth World Series Championship

ALACHUA – After a long road to the end, a team from Pitt County, North Carolina took the championship in the 2012 12U Babe Ruth Softball World Series that wrapped up Wednesday evening.  After a big 16-3 win against Marshall County, Tennessee Tuesday evening, Pitt County rode the wave into the championship games.  Having been dealt their only loss by Lodi, California in a Monday evening game, Pitt County could not afford another loss.  And it was the undefeated girls from Lodi who Pitt County would face off against in the Championship games.

Pitt County pulled out a 6-5 win in the 11:30 a.m. game against Lodi Wednesday.  With both teams having suffered a loss to each other, the two battled it out in a winner-take-all game Wednesday afternoon.  And the winner was the Pitt County team, which knocked in a 6-0 shutout to clinch the championship title.

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More Articles ...

  1. Department of Labor rules against High Springs
  2. High Springs may have violated law to pass ordinance
  3. High Springs raising millage rate
  4. Fire assessment fee set to increase in High Springs
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