Deetjen's Back
Popelski, Poitier, Capellini forge majority to rescind suspension
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City Manager Larry Deetjen is surrounded by well wishers following a six-hour meeting Tuesday that resulted in his reinstatement by a Commission vote of 3-2. His attorney Jon Rosenthal is pictured left. | Commissioner Marty Popelsky made the motion to reinstate Deetjen, |
By Judy Wilson
City Manager Larry Deetjen came to work around 9 a.m. Wednesday and dug into the stack of paperwork that had accumulated during his 28-day absence from City Hall. His first official act was to call an 11 a.m. staff meeting, but everyone already knew that their chief was back in charge.
"Everyone is smiling," his executive assistant Teri Stephens said. "It's just awesome here." Deetjen was reinstated to his $145,000 a year post earlier Wednesday morning by a 3-2 vote of the Commission after Commissioner Marty Popelsky made a motion to rescind his suspension. The motion was seconded by Commissioner Sylvia Poitier. Both commissioners made long statements as to their feelings about the City Manager, both cautioning him that he will have to find a way to work with this new Commission.
"He must recognize that the concerns raised about his performance are the result of his own actions," Popelsky said. "My decision (to rescind) is not an endorsement of his behavior. The City Manager crossed the line in his conduct toward the Vice Mayor. "
Deetjen was suspended April 19 after Vice Mayor Steve Gonot charged that he had been insubordinate and did not work well with the Commission. Later, a charge that he was abetting the attorney suing the city over a November 2002 referenda was added to Gonot's complaints.
Poitier, who disappointed Deetjen supporters by failing to show up Monday night at a special meeting called to reinstate the City Manager, pointed to Deetjen's attorneys saying they were "tough" and "might have convinced me, if I hadn't believed all along that Mr. Deetjen is the best one for the City at this time. Larry Deetjen is the best administrator we've had in along time. I hope all the innuendoes go away."
The third vote in favor of rescinding was cast by Mayor Al Capellini who has been a staunch supporter of Deetjen throughout. He praised the overflowing crowd for its conduct and said when Deetjen was hired 11 years ago, "we wanted someone to help grow this city. We identified our goals and direction and said 'you go do it.' Maybe this Commission has different goals, but at the time, he was the man for the job. I hope we can get this Commission together to outline our goals."
Deetjen's take-charge personality has been a criticism of those who oppose him and who claim decisions were made behind closed doors.
Commissioner Pam Militello, before casting her negative vote, said "The development issue has torn this city apart...I cannot forgive that we had to go to a referendum for our wishes. Mr. Deetjen, your actions have repeatedly been to shut down the rest of us. I don't know if you can change your viewpoint and that scares me...I have very little faith in your ability to change your vision."
Defending his position to terminate Deetjen, Vice Mayor Gonot said, "We are at a distinct disadvantage if we don't trust him. Can this relationship be rehabilitated? And nothing has been said here about if he will change."
Attorney Tom Connick presented the Commission's case against Deetjen relying chiefly on memos from the City Manager to attorney Bruce Hermelee that appeared to be assisting Hermelee in a lawsuit against the City at a time when the plaintiff was requesting monetary damages. Connick charged that Deetjen's intent was to have the courts nullify the voters' action and that he acted in secret.
Marge Hilton, a witness called by Militello said of the 2002 referenda, "I felt the City Commission would fulfill its fiduciary responsibility instead (of working) to defeat the voice of the people."
Vice Mayor Gonot reiterated his charges that Deetjen tried to have him arrested over the removal of Observers from a newsrack and that he called BSO deputies to remove him from his office during an argument.
The City Manager was represented by Hollywood attorneys Myles Malman and Jon Rosenthal; and Jim Brady, brought in as a municipal law expert.
A pivotal point in the evening came when the Commission voted to waive confidentiality of two executive sessions at which the Nov. 2002 referenda was discussed.
Subsequently, when the documents were passed around, Malman noted that the Commission had just given Hermelee the City's referenda strategies, more so than any memoes Deetjen had written.
Taking over Deetjen's defense, Rosenthal addressed each issue voiced by the Vice Mayor saying the City Commission "has been misled and duped by halftruths and mistruths" and went on to refute Gonot's claim that the City Manager tried to have him arrested when the Police Chief witnessed him removing Observers from a newsrack prior to the March election.
Much was made of Gonot's meeting with high level BSO officials after the incident and language changes made in the Chief's report during the meeting.
Deetjen's attorneys also established that the City Commission had stated they did not support the 2002 referenda and that Deetjen had taken that attitude as his direction in corresponding with Hermelee. The memos they pointed out were all on Deetjen's computer and a matter of public record, nothing Hermelee couldn't have discovered himself.
They also brought out the City's Violence in the Workplace Resolution which allows zero tolerance for threatening behavior, and named two incidences when Gonot seemed out of control.
In his remarks, attorney Brady addressed the referenda issue saying, "there is nothing in your Charter which suggests you can't carry forth to seek a better answer than the voters provided."
Closing for the defense, Malman noted attorney Connick had likened Deetjen to a Benedict Arnold or Tokyo Rose. "That is unconscionable, sir, as a lawyer and as a human being."
