Bradenton Beach board backs dismissal
by Lisa Neff. Islander Reporter
The Bradenton Beach City Commission recently rejected the finding of its grievance board and upheld the dismissal of a public works employee.
The commission, meeting March 19 at city hall, unanimously voted to uphold the termination of Bud Bates.
Bates, who addressed commissioners before their vote, said he had worked full- or part-time for the city since May 1996 and he wanted to keep his job.
“I’ve been out of work and without pay since Jan. 31,” he said.
But the commission decided Bates’ actions on Jan. 17 merited his termination.
That day, Bates had an accident near the Bradenton Beach Historic City Pier. He backed a city truck into a parked car, causing slight damage to both public and private property. Bates told the vehicle’s owner, Richard Kenneth Davis, that he would pay for any repairs and he asked that Davis not report the incident. Initially Davis agreed, but soon decided to contact police.
Under city policy, Bates was required to report the accident, as well as immediately undergo drug testing, which didn’t occur until after Davis notified officials, according to the city record.
Public works supervisor Tom Woodard responded to the incident by dismissing Bates, who had previously faced dismissal by Woodard in April 2007 for “incidents involving city vehicles and equipment, failure to comply with departmental and city polices, insubordination, suspension for illegal drug use, continued abuse of leave benefits, altercations with the public while on the job, and wanton or willful neglect in performance of assigned duties.”
In the April 2007 matter, both the grievance board and the city commission voted to reinstate Bates. In the more recent incident, the committee and the commission split on the decision.
The grievance committee determined that Bates acted improperly, but that his actions were not egregious enough to warrant termination.
When the city commission gathered to review the committee’s recommendation, the elected officials heard from Bates and Richard Groff, an attorney representing Woodard and the city.
“It was a bad judgment call,” Bates said of his handling of the accident.
“I’m sure I’ll never do anything like this again,” he added, asking that he be returned to his job and would appreciate any consideration for back pay and benefits.
Groff said the grievance committee seemed to focus on the accident and the damage to property rather than Bates’ request that Davis not report the accident. “They completely ignored the coverup,” Groff said.
Groff asked the commission to “allow Mr. Woodard’s decision to stand.”
And the commission did.
“With all due respect to the grievance committee, I cannot agree with some of the findings and recommendations,” said Commissioner John Shaughnessy.
Shaughnessy said he attended the committee hearing, reviewed the evidence, read the committee’s report several times and concluded that there were no “extenuating circumstances” in the incident Jan. 17 and that Bates’ actions “constitute a ‘Group 3’ first-offense dismissal.”
Shaughnessy said Bates had no authority to “negotiate a settlement involving the city” with Davis, that Bates admitted “violating city policy by not reporting an accident immediately,” and that Bates “admitted being on prescription drugs that impair working with machinery and impair [one’s] ability to drive.”
Shaughnessy said Bates “never informed his superiors of his situation so alternate plans could be implemented, putting the public and city at risk.”
Mayor Michael Pierce invited additional comment.
“There’s nothing else to say,” said Commissioner John Chappie.
Commissioner Janie Robertson said her thoughts were similar to Shaughnessy’s.
“Now it’s time to make a determination,” Pierce said.
Robertson then motioned to uphold the dismissal.
The vote in favor was unanimous. |
