ANNA MARIA – Concerns about the city of Anna Maria’s workplace environment and workplace behavior were the topic of three separate discussions during the Thursday, Oct. 8, Anna Maria City Commission meeting.
Mason Martin Builders’ co-owner Frank Agnelli shared his concerns about the treatment of his brother-in-law, Public Works Department employee Kaleb Stutts; his concerns about former city clerk and city administrator appointee Amber LaRowe; and his concerns about the possible deletion of public records, which LaRowe referenced in her Sept. 28 resignation memo. LaRowe was supposed to begin serving as city administrator on Oct. 1.
During a commission discussion about employee salary ranges, Commissioner Charlie Salem expressed his desire for the commission to be better informed when asked to approve the mayor’s recommendation to appoint a charter employee.
During staff comments, City Planner Ashley Austin shared her ongoing concerns about Anna Maria’s workplace environment.
Austin’s comments were triggered, in part, by the Sept. 22 email finance department assistant Jeff Charles sent to Mayor Mark Short, LaRowe and others to formalize his acceptance of his full-time position being reduced to a part-time position.
In that email, Charles attached four workplace complaints previously sent to Short in May by Charles, Austin, Public Works Manager Dean Jones and former city employee Leigh Fuller. The complaints primarily addressed the workplace behavior of LaRowe and Code Enforcement Manager Tom Collins and were not made public until The Sun obtained copies of the Sept. 22 emails and the complaints filed in May.
Soon after sending his acceptance email, with the past complaints attached, Charles sent Short a second email that said, “Amber, Tom, Barbara (Jeffries) and Ryan (LaRowe) were heard discussing the email that was sent out in Barbara’s office. Ryan can be heard cussing and says they are f—ing lucky I am over there (at the city annex building) and not over here (at city hall).”
Ryan LaRowe is Amber’s husband and he serves as the city’s vacationre rental program administrator.
A short while later, Austin sent Short an email that said, “Ryan’s threat makes me fear for my safety. I and other women have already expressed fear of Tom, including a business owner here. Tom and Ryan are both former law enforcement officers. I hope you can understand how threats like these are frightening and take steps to ensure everyone’s safety.”
AGNELLI’S COMMENTS
During general public comments at the beginning of the Oct. 8 commission meeting, Agnelli said, “I’m well aware today I’m not going to be very liked, but I really don’t care anymore.”
Regarding past complaints filed about LaRowe’s workplace behavior as city clerk and human resources administrator, Agnelli said, “Some of you commissioners saw some complaints.”
He also referenced a Facebook comment Commissioner Chris Arendt made about the events that transpired on and after Sept. 22.
“One commented on Facebook they didn’t know anything about it,” Agnelli said of Arendt’s Facebook comment.
Agnelli said Stutts has worked in public works for several years and has a dexterity issue from an accident. Agnelli alleged LaRowe, as the human resources administrator, used a demeaning term when discussing Stutts’ physical challenges.
Agnelli also questioned whether Short made the commission fully aware of the past complaints filed regarding LaRowe’s workplace behavior when he sought her appointment as city administrator in late August.
Regarding the Sept. 22 emails and May complaints being made public, Agnelli said, “The mayor was worried about who leaked the files out more than the actual complaints. It doesn’t matter in the eyes of the public who leaked it out. The fact of the matter is it was brought out to everybody’s attention and that’s why she’s no longer here.”
“Now there’s a question of destroying and deleting information. And who did it?” Agnelli said.
Regarding the alleged deletion of city documents, Agnelli said, “I’m not going to stop. This is not going away anytime soon. I have a formal complaint and I’m sending it to the state attorney’s office and the FDLE (Florida Department of Law Enforcement) to investigate this entire city for the nonsense that’s going on in this city. The city is in chaos. And it’s not getting any better.
“I think you guys feel that you work for the mayor and you do not. You work for the people,” Agnelli told the commissioners. “At the end of the day, you’re not taking care of the people, you’re taking care of the mayor. And honestly, mayor, at this point, I think you should resign. You have failed this city tremendously.”
MAYOR’S RESPONSE
In response to Agnelli’s comments, Short said the city and one of its labor attorneys investigated the employee complaints and allegations he received in May. He said LaRowe’s personnel file includes a written reprimand for overheard remarks that should have been made in a more private setting.
“And as you know, she’s now gone. She resigned, hopefully all of that will be behind us,” Short said.
Regarding Stutts’ work performance, Short said, “There were no steps taken to terminate anybody with respect to concerns about disability. We acknowledge and recognize that he’s been here and he’s done his job and his files show that he does his job. There was no need to take any action regarding that matter.”
“On behalf of the city, my apologies to what ended up in the paper regarding what was said about a particular employee. And again, I don’t know for sure if it was said or not,” Short said.
When responding to allegations about deleted files and the city’s information technology provider, Big Sur, Short said the city chose that firm through a competitively bid process with several bidders. Short said the IT provider backs up all city data every night and controls those backed-up documents. Short said he, city staff and the commission have no access to the backed-up documents.
SALEM’S SUGGESTIONS
During the second and final reading of a previously discussed city ordinance that establishes positional salary ranges and compensation categories for city employees, Salem said, “My recommendation is that we take a little more time to review this document and to add some detail around what that position (city administrator) should entail. Given the events over the last few months, I would like it to be a little more clear what the commission’s review and approval process is in this particular case, especially as it relates to any hiring of the city administrator.”
Salem referenced a document he prepared and planned to give to City Attorney Pamela Cichon for her initial review. Salem said he tried to outline some things the current commission, and future commissions, could take into account when considering the appointment of a charter position referenced in the city charter.
Short noted charter positions that require city commission approval include the city administrator, the city clerk, the city treasurer, the public works superintendent and the building official.
Salem said the commission should review future charter position candidates’ application materials, work history, references, background checks, prior disciplinary and performance records and more.
During public comment, Anna Maria businessman and former city commissioner Brian Seymour questioned why LaRowe was promoted to the city administrator’s position in August after she received a human resources-related written reprimand from the mayor in June.
“I think if you’re disciplined in May or June and then promoted in September, that’s a bit quick,” Seymour said.
Cichon and City Treasurer Randy Maxson recommended adopting the salary range ordinance and later revisiting Salem’s suggestions as a future standalone agenda item.
With Salem dissenting, the commission voted 3-1 in favor of adopting the employee compensation ordinance. The commissioners also expressed their support for future discussion about Salem’s pre-hiring suggestions.
AUSTIN’S COMMENTS
During staff comments near the end of the meeting, Austin addressed the mayor and commission before handing them copies of the four-page letter that details her workplace concerns.
“I wanted to inform the commission that there are concerns that several reports of harassment based on protected classes were not adequately investigated and the city’s own zero tolerance policies were not followed. I want to make it clear that the statements that were made were not merely gossip and they did meet the city’s definition of improper prohibited harassment. I didn’t plan on addressing this, but since it’s been brought up several times, I will address it,” Austin told the commission.
“The former HR administrator (Amber LaRowe) was written up in June for statements regarding some of her employees. She also made changes to the notebook in August after the write up. That changed the complaint process, adding a designated official to review complaints, but no transparency as to who this designated official is. And furthermore, added language to keep investigative records out of personnel files. Why would an HR administrator want to do that, especially after receiving a write up herself?” Austin said.
Austin addressed an incident cited in at least one of the employee complaints filed in May: “I would like the commissioners to think of a woman in their lives that they care for. And I’d like you to picture that woman sitting at this table in front of you, next to a man nearly twice her age and a former law officer, no less, touching her leg, rubbing it under this table, making her uncomfortable and making those around her uncomfortable. And I would like you to tell me that that’s not harassment. And if that’s not harassment, then what is? If that’s not enough, what is enough?”
Continuing, Austin said, “Section three of the employee handbook denotes responsibility to report these concerns to the city commission. As such, you’ll all be receiving a letter outlining the concerns and highlighting the disparity and how different concerns are received, handled, investigated and followed through. I urge the city commission to read this letter in conjunction with the complaints filed in May, along with the September 22nd emails. And I challenge you to ask the hard questions and form your own conclusions.
“I further request that the city commission consider outsourcing HR functions to a private, independent firm, as it’s difficult to maintain the appearance, much less the reality of impartiality in a city this small,” Austin said.
AUSTIN’S LETTER
Austin’s letter says she appreciated being interviewed Oct. 2 by attorney Pota Papakos about her Sept. 22 emails regarding Ryan LaRowe’s alleged comment. Austin said Papakos indicated that a former law enforcement officer making such a statement could be perceived as threatening and would reasonably cause fear.
Austin’s letter states the four employee complaints filed in May did not get the same attention, diligence or rigor as the October investigation and that caused her to lose faith in the city’s investigative process.
Austin’s letter questions whether she and other city employees, and the public, can expect protection from retaliation. Austin’s letter states her concerns that reflect a broader pattern of complaints not being fully investigated, and those who file complaints facing adverse treatment.
Austin’s letter notes some city employees filed complaints that alleged possible sexual harassment by Collins, but not all of those who filed those complaints were interviewed by investigating attorney Garrett Olsen. The letter says Olsen told Austin he never received a copy of her complaint.
Austin’s letter alleges that after Collins returned from administrative leave in mid-June with certain conditions to be met, Collins has engaged in additional questionable workplace behavior around female employees.
Austin’s letter mentions a different Facebook comment Arendt made after Collins was placed on administrative leave in late May.
“A sitting commissioner commented in June on a Facebook post publicly minimizing the conduct that was found to have material findings stating, ‘People have mistook friendliness or a touchy feely person for a sexual come on,’” Austin stated in her letter.
Austin’s letter alleges Ryan LaRowe received preferential treatment from his wife and workplace superior.
Her letter references the comments allegedly made regarding Stutts’ physical challenges and states those comments weren’t fully investigated, and the investigative findings were too narrow.
Her letter alleges employees who filed complaints faced demotions, pay cuts and other adverse treatment.
Austin’s letter posed several complaint-related questions she hopes the commissioners will research and answer at some point.
COLLINS’ CORRECTIVE ACTIONS
On May 28, Short provided Collins with a memo that stated he was being placed on administrative leave, with pay, while his workplace behavior was investigated.
On June 17, Short provided Collins with a memo that included the following subject line: “Investigation Findings; Notice of Written Warning and Corrective Action Plan.” The memo notes the investigation into Collins’ workplace behavior was completed on June 12.
Short’s June 17 memo says, “The city’s investigation resulted in the following material findings: instances where you made unwanted physical contact with a female staff member while at work; instances of comments made which were interpreted as unprofessional, offensive or uncomplimentary by female city staff members; four separate instances where you practiced chiropractic medicine without an active license while at work; and instances where you would engage in discussions with other members of city staff that were not related to your job duties or related to the performance of individuals under your supervision.”
Short’s memo gave Collins 60 days to complete a workplace harassment course. The memo ordered him to stop making comments or jokes that staff could see as unprofessional or offensive, to stop practicing chiropractic medicine at work, and to avoid conversations with staff that are unrelated to his duties, including those about coworkers’ performance or personnel matters.
Collins signed the memo on June 18. In doing so, he acknowledged he must follow the corrective action steps to keep his job and that further violations could lead to discipline or termination.
Related coverage:
LaRowe resigns before stepping into new role
Mayor addresses LaRowe resignation
Employee complaints resurface in Anna Maria
Anna Maria code enforcement manager reinstated
Anna Maria code enforcement manager placed on administrative leave
Documents detail Anna Maria’s vehicle tracking activities
City investigated treasurer’s credit card expenditures
