Wednesday, July 8, 2009

Downtown Manager Investigation

Last week I spoke to the city manager, and raised the issue of having the downtown manager suspended with pay pending completion of the GBI investigation. I specifically asked the city manager to consult with our outside employment law specialist before making a decision on the issue.

The city manager informed me this week that he has consulted with our outside employment law specialist, as well as our own in-house attorney. The consensus among the attorneys is that suspension would NOT be appropriate at this time, and the city manager agrees. I believe the city manager has thoughtfully and professionally considered the issue.

I learned today that the GBI anticipates completing its investigation within the next two weeks. No matter what the outcome, ADICA and the city will need to make several administrative policy changes.

4 comments:

Bob Langstaff, Jr. said...

Based on the Herald headline I just read, I guess I should have added that a suspension with pay sounded logical to me while all this gets sorted out, and that is why I raised the issue with the city manager in the first place. However, I also firmly believe in following advice of counsel, especially as it relates to government employment matters.

Bob Langstaff, Jr. said...

As a safeguad, the city manager has directed the downtown manager not to spend or diburse or otherwise obligate ADICA or City funds. He has requested all ADICA financial date going back to November 2007.

Anonymous said...

mr. langstaff, is there not a morality clause in mr buie's contract? this is at least the second (maybe third) instance of poor character and it certainly makes people like me think he is incable of doing his job. why cant he be fired just for having a relationship with one of his subbordinates?

Bob Langstaff, Jr. said...

It is my understanding that Mr. Buie does NOT have an employment "contract." However, as a city employee, he is governed by the city's Personnel Management System (PMS). The PMS was created in 1981, and has been amended in a piecemeal fashion over that last 28 years. It is currently undergoing a complete rewrite. There is not one single "morality clause" in the city's PMS. However, there are numerous "morality-type" provisions within the PMS that may very well apply to this situation. One such provision authorizes termination where there is an "acceptance of value in consideration for work-related favors." Once the GBI investigation is concluded, the city manager will have to analyze the facts and determine if termination is justified under the current PMS.