ANNA MARIA – Code Enforcement Manager Tom Collins has returned to work after Mayor Mark Short recently placed him on paid administrative leave while his workplace conduct was investigated.
On May 28, Short sent Collins a memorandum that said, in part, “This memorandum is to inform you that the city has received allegations concerning your workplace conduct toward female city staff members. The city is initiating an investigation into these allegations. Effective immediately, you are being placed on paid administrative leave pending completion of the investigation.”
On Wednesday, June 17, Short provided Collins with a copy of a document titled “RE: Investigation Findings; Notice of Written Warning and Corrective Action Plan.”
The June 17 memo says, “This memorandum is to inform you that the city has completed its review of allegations concerning your workplace conduct toward city staff members. This memorandum also serves as your official notice of written warning and corrective action plan to allow for you to continue your employment with the city.
“The city completed its investigation on June 12. 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; 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,” the memo says.
“Accordingly, while the above findings are serious and unbecoming of a supervisor, the city has determined that the most appropriate next step is for you to continue your employment while abiding by a corrective action plan designed to help you improve your conduct in a positive manner. You are hereby required to take the following actions within the timeframes hereinafter specified in order to return to work,” the memo says.
“You must refrain from making unwanted physical contact with members of city staff. Within 60 days of receipt of this notice, you must demonstrate the successful completion of a course on harassment in the workplace. The course must be approved by the city.
“You must refrain from making unprofessional, offensive and uncomplimentary jokes/ comments which are based upon or directed toward city staff members or could be interpreted by staff members as offensive or unprofessional.
“You must cease practicing chiropractic medicine while at work. This includes, but is not limited to, performing adjustments, consultations, sessions or any other action whereby you physically manipulate the body of another individual. Moreover, you are prohibited from storing personal items that are designed to assist you in performing chiropractic medicine on city property.
“You must refrain from engaging in conversations that are outside of the performance of your duties with members of city staff. Specifically, you must refrain from engaging in unprofessional or unwelcomed conversations regarding the performance of other members of city staff, personnel matters or any other matters which do not directly relate to the performance of your duties. This requirement is not intended to prohibit you from engaging in normal social interactions while at work,” the June 17 memo says.
“You may return to work upon acceptance of this corrective action plan. Please be advised that the city prohibits retaliation. All personnel are responsible for maintaining a workplace that is free of discrimination, harassment and retaliation. You are expected to conduct yourself in a professional manner moving forward. A copy of this notice will be kept in your personnel file,” the memo says.
The memo contains the following statement acknowledged by Collins on June 18: “By my signature below, I understand that I must take the steps described in this notice in order for me to keep my job. I understand the steps described above. I further understand that the consequences of continuing not to meet the city’s expectations going forward includes further disciplinary action, including termination of my employment.”
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