HomeMy Public PortalAbout12-8345 To Remove Bryan Finnie as City Manager Sponsored by: Commissioner Holmes
RESOLUTION NO. 12-8345
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA, FLORIDA TO REMOVE
BRYAN K. FINNIE AS THE CITY MANAGER, FOR
THE REASONS SET FORTH HEREIN; PROVIDING
FOR INCORPORATION OF RECITALS; PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS, the City Commission of the City of Opa-locka desires to remove Bryan K.
Finnie as City Manager, for the reasons set forth in the attached Exhibit"A"; and
WHEREAS,pursuant to Section 10 of the Charter of the City of Opa-locka, these charges
have been heard at a public hearing, and the City Manager has been given an adequate
opportunity to answer the charges.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka hereby removes Bryan K.
Finnie as City Manager.
Section 3. This resolution shall take effect immediately upon adoption.
this 22nd day of February, 2012.
MOTION FAILED
RAT LOR
MAYOR
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Resolution No. 12-8345
attest to:
i
j►anna Flores
nterim City Clerk
Approved as to form and legal sufficiency:
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Moved by: COMMISSIONER H•LMES
Seconded by: MAYOR TAYLOR
Commission Vote: 3-2 j.
Commissioner Holmes: YES
Commissioner Miller: NO
Commissioner Tydus: NO
Vice-Mayor Johnson: NO
Mayor Taylor: YES
REVISED LIST OF CHARGES AGAINST CITY MANAGER BRYAN K. FINNIE
1. CM wants to get rid of the Code Enforcement Department
2. CM has taken away vehicles from half of the employees in the Code Enforcement Department
3. CM failed to ensure that businesses post the "No Saggy Pants" sign in their establishment as per
city ordinance and many requests;this would also bring additional revenue to the city.
4. CM failed to act on the numerous requests for an inquiry into Johnson Controls.
5. CM failed to look into an early retirement package for employees as requested.
6. Commissioner Barbara Jordan assisted the city in the award of 2 Million Dollars for Historic City
Hall and nothing is being done with those dollars.
7. Employees got fired, went to court and won their cases when it could've been settled prior to
going to court if the city had somebody to review the cases and do justice after the Civil Service
Board made their ruling.The CM has also disregarded the court orders.
8. Has failed to repair low area on NW 151st Street at NW 32nd Avenue even after several requests.
9. CM failed to provide information on city bank accounts as requested by his colleague at the last
commission meeting(12/14/2011).
10. Mayor provided documentation from the county that the city was able to move into Sherbondy
Village and now at the last hour the CM provided documentation saying the city cannot move
into Sherbondy Village. The city manager is aware that by moving out of Town Center the city
could be saving over $500,000.00 per year, but has failed to look into or provide
recommendations for relocating.
11. Previous complaints of mold at Historic City Hall were not addressed in a timely fashion.
12. The pump stations not being addressed expeditiously and the RFP for pump stations is sitting on
the CM's desk.
13. Decrease in employee morale; CM use of profane language and disrespect when speaking to
employees.
14. CM failed to make sure parking spaces were included for the Sherbondy Park project.
15. Failure to move forward with the improvements/construction at Segal Park after grant award.
16. CM knowledge of staff member representing himself as a councilman and meeting with the
county about getting rid of the city's building & license department when that department is
bringing revenue to the city and without Commission approval and/or knowledge of what was
taking place.
17. CM delegation of duties while he was away and interfering with the decision made relating to
Finance by the Acting City Manager.
18. Terminated the city's Building Director, had him escorted out by police. Failed to provide the
Commission with a reason why, but the Commission has the right to know.
19. Failure to repair existing potholes on Ali-baba Avenue near Robert B. Ingram Elementary School
since last month.
20. Nothing has been done to repair the road—Ali-baba Avenue from NW 22nd Avenue to NW 27th
Avenue.
21. Lied numerous of times concerning several matters
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Bryan K. Finnie 305-953-2821
City Manager 305-953-2823
Fax:305-953-2870
MEMORANDUM
To: Mayor Myra L. Taylor
Vice Mayor Dorothy"Dottie" Johnson .
Commissioner Timothy Holmes
Commissioner Rose Tydus
Commissioner G it E. Mill
From: Bryan K. Finnie, o-n ager
Date: February s i
RE: Responses to Revised List Charges Against City Manager
Below you will find information in response to charges placed against me at the February 8, 2012
Commission Meeting.
1. CM wants to get rid of Code Enforcement Department
Response: The City Commission authorized the City Manager to explore cost savings and
privatization alternatives pertaining to the City's Code Enforcement Department on November 9, 2011
through Resolution 11-8302. The City Manager carried out the wishes of the City Commission by
releasing proposals through an REP, as specifically referenced in the Resolution. A copy of
Resolution 11-8302 is attached
2. CM has taken away vehicles from half of the employees in the Code Enforcement Department
Response: The number of vehicles used was reduced as a cost saving measure and need to assure
that the administrative aspects of each Code Enforcement Officer's tasks were being consistently
addressed. Work schedules have also shifted in order to accommodate the current shortage of two
, employees within the Department.
3. CM failed to ensure that businesses post the "No Saggy Pants" sign in their establishment as
per City Ordinance and many requests; this would also bring additional revenue to the City.
Response: Though Commissioner Holmes has directed staff to link the '`No Saggy Pants" signs as a
fund raising strategy for the City of Opa-locks. the City does not have the legal authority to force
s businesses within the City to purchase such a sign. This was explained on page two of my memo
dated January 24th in response to Commissioner Holmes' comments, which is attached
4. CM failed to act on the numerous requests for an inquiry into Johnson Controls
Response: This complex issue is currently being worked on by my staff and the City Attorney's
t Office, as explained in detail on pages one and two of my January 24th memorandum to the Mayor
and City Commission in response to Commissioner Holmes' concerns, which is attached We do
0 have a consultant scheduled to review our system on January 27, 2012 and give feedback to the
administration
Johnson Control. Inc was hired in July 2006 on a non-bid basis for $3,702,697. which includes an
I eight year service agreement, to replace the City of Opa-locka's entire water reading meter system
I
CITY HALL m 780 FISHERMAN STREET,4TH FLOOR,OPA-LOCKA, FLORIDA 33054® (305)688-4611
AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAP
•
Please be advised that this was prior to my first tour as Interim City Manager and I did not
recommend to the Commission the approval of this agreement. To date, the current system installed
is not operational due to several issues, including the quality of the product and the lack of knowledge
by staff. Issues with the product include the easy dismantling of the electronic reader by pulling
exposed wires going from the electronic reader to the register and a higher than excepted percentage
of inaccurate reads due to the register being a pulse and not digital. Internal issues, such as not all
staff being trained to use the product and a basic lack of institutional knowledge of what has occurred
pertaining to this contract, have plagued staffs ability to resolve this issue earlier. One example of this
includes that when asked by our legal counsel for a basic timeline of events documenting the
progress, or lack of, regarding this contract to show the level of culpability by all parties and possibly
gage if a legal remedy is feasible, staff was not able to produce such a document. On a side note,
other issues such as illegal water usage are also being handled by staff, including the decision to
purchase a tougher locking bracket to be placed on the curb stop in order to prevent tampering with
water lines that have been locked due to non-payment or closed accounts. To date, the initial locks
purchased were not the correct size. Staff has returned those locks and is expected to receive the
correct locks in February. If should be noted that former City Manager, Jannie Beverly, oversaw the
initial implementation, including a processed request for a complete change out of the initially
purchased product. At the time I became Interim City Manager, the project was nearly complete and
our Information Technology Department was testing the program for accuracy of electronic verses
manual readings. It is my understanding that my current predecessor, former City Manager, Clarance
Patterson, had determined last year that the City needed to revisit the terms and conditions of this
transaction and renegotiate a better deal for the City of Opa-locka due to the nonperformance of the
product.
5. CM failed to look into and early retirement package for employees as requested
Response: The basis for an early retirement program is to achieve cost savings by "buying out"
expensive employees. Presently, the General Fund is not capitalized at the needed level to fund a
city-wide Early Retirement Program. As stated previously, this issue was also addressed on page two
of my January 24th memorandum to the Mayor and City Commission in response to Commissioner
Holmes' concerns, which is attached.
6. Commissioner Barbara Jordan assisted the City in the award of$2 million for Historic City Hall
and nothing is being done with those dollars
Response: On December 10. 2010, the City of Opa-locka was awarded $2,000,000 through the
County's General Obligation Bond (GOB) program, to be utilized in Fiscal Year 2011. Due to the
inaction of the City, such funding never accessed. Under my direction, City Staff is currently working
on the necessary steps in order to draw down the funding in FY 2013. This issue was also explained
on page two of my January 24th memorandum to the Mayor and City Commission in response to
Commissioner Holmes' concerns. which is attached.
7. Employees got fired, went to court and won their cases when it could have been settled prior
to going to court if the City had somebody to review the cases and do justice after the Civil
Service Board made their ruling.The CM has also disregarded to court orders
Response: Based on my discussions with the City Attorney, there has been only one (1) case that
1 the court has requested a settlement during my tenure. The court entered judgment on January 25,
2012. Immediately after, the City reached a settlement. The settlement was approved by the City
Commission at the February 8, 2012 Commission Meeting
Please be advised that "but for" a flurry of Police Department lawsuits, all other Civil Service related
cases will be addressed. It must be noted that the lawsuit was not about the merits of the employee
dismissed: rather it was about the Civil Service Board challenging the decision of the City's
Administration. This issue was also explained on page two of my January 24th memorandum to the
Mayor and City Commission in response to Commissioner Holmes' concerns, which is attached.
8. Has failed to repair low area on NW 151st Street at NW 32nd Avenue even after several
requests
Response: Upon my initial receipt of this information at the Commission Meeting, the Public Works
Department was directed to address this complaint The repair of the low area on NW 151st Street at
NW 32nd Avenue was completed by Public Works on January 24, 2012.
9. CM failed to provide information on City bank accounts as requested by his colleague at the
last Commission Meeting(12/14/11).
Response: The City's itemized bank accounts and levels of funding were provided on at least two
occasions. First, via a memorandum to the Mayor and City Commission dated December 16th; two
days after the inquiry was first made A second memorandum to the Mayor and City Commission,
dated January 12th, was provided Both documents are attached.
10. Mayor provided documentation from the County that the City was able to move into
Sherbondy Village and now at the last hour the CM provided documentation saying the City
cannot move into Sherbondy Village. The City Manager is aware that by moving out of Town
Center, the City could be saving over$500,000 per year, but has failed to look into or provide
recommendations for relocating
Response: The Mayor's directive was for the City Manager to initiate relocation of the City's
Administration from Town Center to the Sherbondy Park Village. It has been noted that utilizing the
building for governmental purposes is not an eligible activity from the perspective of the Federal
Community Development Block Grant (CDBG) program and doing so could lead to a six-figure fine to
the City of Opa-locks_ My memorandum to the Mayor and City Commission dated January 11th
explains the issue and included the County's official response on January 4th and my original request
for clarification to the County sent on December 6th All documents are attached.
Despite this setback I also researched and submitted two (2) possible alternatives to Town Center.
Such findings were submitted to the Mayor and City Commission via memorandum on January 31St
which is attached
11. Previous complaints of mold at Historic City Hall were not addressed in a timely fashion
Response: The concern of mold at Historic City Hall was timely addressed earlier this year, as
documented in my memorandum to the Mayor and City Commission on January 10th. explaining that
a mold and moisture evaluation was conducted days earlier and a report would be forthcoming. On
January 24th. I sent a second memorandum to the Mayor and City Commission making you aware of
the findings of the independent report. Both memorandums are attached.
Originally, durin m 2009 term as Interim City Manager, I began the process of acquiring the
during my Y 9 9 P 4 9
equipment necessary to relocate the City Commission Meetings to Town Center Upon my
departure, the planned move did not proceed
12. The pump stations are not being addressed expeditiously and the RFP for Pump Stations is
sitting on the CM's desk
Response: Last year, the City of Opa-locka completed Lift Stations #1 and #2. Though not planned
under my watch. they were both constructed from June through August of last year. From my original
departure in January of 2010 through June of 2011, not one Lift Station, out of 13 that I identified to
the then Mayor and City Commission, had been completed. In fact. in 2010, while I was not City
Manager. no work was actually done on any Lift Station. including plans, designs, or project bidding.
Upon my return, I have again made the rehabilitation and upgrade of our Lift Stations one of my
highest priorities. This Fiscal Year. we intend on completing four Lift Stations. #11A will start
construction in March, #11C and #10 are both in the procurement process and #5. which is a Public
Private Partnership (PPP), will also be completed this Fiscal Year Due to my FY 2009 original plan
to complete all 13 Lift Stations in 2009 not being followed by my replacement, I cannot guarantee that
we will be successful in rehabilitating or upgrading all 13 original Lift Stations by 2013.
13. Decrease in employee morale; CM use of profane language and disrespect when speaking to
employees
Response: In terms on employee morale. I. will be recommending to the City Commission that a
professional study be conducted to determine the state of morale within the ranks of all City
employees.
In my day-to-day activities, I try to respect all people, but also understand that, on occasion, I have
displayed levels of frustration, not at individuals but at situations of non-performance or below par
work product. I have worked on that aspect of my professionalism and will continue on into the future.
14. CM failed to make sure parking spaces were included for the Sherbondy Park Project
Response: I was not the City Manager when the Sherbondy Park Project's final plans were
developed During my departure, City staff, including the building department through the issuance of
permits, oversaw the project. Twenty-two (22) of the twenty-eight (28) permits issued were done
under the watch of the previous City Manager The Building Official, and his staff, is responsible for
all plan approvals and compliance with the Florida Building Code and City Code of Ordinances, this
includes all parking requirements. Copies of all permits pertaining to the Sherbondy Park project and
an itemized list are included as attachments.
15. Failure to move forward with the improvements/construction at Segal Park after grant award
Response: It was noted that there was delay in the Segal Park Project. There is no delay Please be
advised that staff has been working with Miami-Dade County to secure project funding (approved
September 2011), and we received approval from the Opa-locka City Commission on December 14,
2011 to commence the environmental review process. This project is proceeding as planned
This concern was addressed on page three of my January 24th memorandum to the Mayor and City
Commission in response to Commissioner Holmes concerns, which is attached.
16. CM knowledge of staff member representing himself as councilman and meeting with the
County about getting rid of City's Building & License Department when the Department is
bringing revenue to the City and without Commission approval and/or knowledge of what was
taking place
Response: Management disagrees with the conclusions reached during an informal discussion about
a meeting that had previously occurred. The County official described someone in the meeting as an
elected official. It was an innocent comment. Please be advised that at no time did anyone on my
staff represent themselves as an elected official of the City of Opa-locka.
17. CM delegation of duties while he was away and interfering with the decision made relating to
Finance by the Acting City Manager
Response: When I delegate City Manager duties, I do not abrogate my responsibility to the City of
Opa-locka and I certainly would not support an organization restructure without my approval or a pre-
briefing to the Commission.
18. Terminated the City's Building Director, had him escorted out by Police. Failed to provide the
Commission with a reason why, but the Commission has right to know
Response: Mr Daniel Abia was terminated on for not having the necessary qualifications to perform
his job. As you may know, Mr. Abia was promoted to become the Building Official on February 8,
2010 Due to his specific circumstance, he was allowed by the Board to receive a Provisional Building
Code Administrator's License on June 19, 2008 in order to function as the City's Building Official. as
per State Statute and County Code. This one-time license expired on June 18. 2011 Despite his
failure to secure a Building Code Administrator's License before his Provisional License expired, I
allowed Mr Abia to remain on staff while Mr Paul Gioa temporarily served as the City's Building
Official After an additional period elapsed, with no Building Code Administrator's License, or even an
application filed with the Board for the License, I made the determination that Mr Abia was not either
willing or capable of receiving such a license considering that he had over three and a half years to
obtain it. It should also be noted that after his Provisional Building Code Administrator's License
expired on June 18, 2011, Mr Abia had not a single license that could be used to perform official
duties for the City in the Building Department. All Building Departments are required to have the
following positions filled either through full or part time staff or consultants: Building Code
Administrator
Human Recourses Director, Shirley Freeman, not Officer's from the Police Department, secured City
owned property and Mr Abia was allowed to secure his own personal property while under the
supervision of Mrs. Freeman. For the record. Freeman even drove Mr Abia home
19. Failure to repair existing potholes on Ali-Baba Avenue near Robert B. Ingram Elementary
School since last month.
Response: According to Public Works, the recent potholes on Ali Baba were due to a water break,
which was fixed last Friday. Staff is in the process of getting a contractor to restore the road, which
should be completed within a week. Due to the inability to locate the appropriate turn off valve, public
works staff was unable to resolve the issue expeditiously.
20. Nothing has been done to repair the road — Ali-Baba Avenue from NW 22nd Avenue to NW
27th Avenue
Response: Ali Baba Avenue from NW 22 Avenue to NW 27th Avenue needs reconstruction as the
roadway surface is undulated due to poor load bearing capacity of the pavement. The sub-base does
not have proper compaction to support the pavement. The pavement must be redesigned with
appropriate base improvements to increase its load bearing capacity. It is recommended that we
reconstruct the road along with an improved drainage system. Such improvements may cost about
$1,000,000, as per our City Engineer's preliminary opinion of probable construction costs. This
project is on our five (5) year capital improvement plan but remains unfunded due to lack of
resources.
21. Lied numerous times concerning several matters
Response: I have not knowingly made any misstatement.
Attachments
END OF MEMORANDUM