Employee workplace complaints ‘unsubstantiated’
ANNA MARIA – After conducting an independent investigation, labor attorney Matthew Stefany said that a former employee’s allegations of workplace hostility and discriminatory behavior are unsubstantiated.
Stefany, a member of the Tampa-based Allen Norton & Blue law firm, was contracted by the city of Anna Maria to investigate the workplace allegations. On Sept. 6, Stefany provided Mayor Dan Murphy with an eight-page written report containing his findings.
“On July 25, former public works employee Benzard Holland emailed city commissioners to formally report the hostile work environment and discriminatory behavior he allegedly experienced during his employment with the city. Mr. Holland’s email alleged his supervisor, Dean Jones, consistently subjected him and other employees to verbal abuse, including racial slurs and aggressive behavior which created a toxic work environment that made it impossible for him to continue employment,” according to Stefany’s report.
When conducting his investigation, Stefany interviewed all current city employees and three former public works department employees: Holland, Nick Huling and former Public Works Manager Roosevelt Jones. Holland and Roosevelt Jones are Black. No restrictions were placed on Stefany regarding the scope of questioning or the time allotted for his interviews.
Dean Jones previously served as Anna Maria’s public works department manager. In 2022, he accepted a position with the city of Bradenton’s public works department. In April, he returned to Anna Maria to serve as general manager of the building and planning departments. In June, his supervisory role was expanded to include the public works department as well, with Roosevelt Jones still serving as public works manager. Roosevelt Jones resigned on July 23. After giving his two-week notice, Holland’s resignation took effect on July 30.
Allegations
According to the report, Holland alleged that Dean Jones called him “kid” on April 10 while Holland and other public works employees were moving items from the city annex building to the city hall building.
“Mr. Holland objected to this statement and advised Dean that he was not his ‘kid’ and to not refer to him as such,” the report says.
Holland alleged that on April 12, Dean Jones said “Hey kid” when asking him to place a dolly in the back of a truck. Holland again objected to the use of the term “kid” and told Jones he could put the dolly in the truck himself.
“Mr. Holland alleges Dean said, ‘listen boy’ before expressing that as general manager he expected Mr. Holland to do what he asked him to do,” the report says.
The report notes that Jones returned to the public works department building and apologized to Holland before the close of business on April 12.
“Mr. Holland expressed his belief that the apology was not sincere. However, Mr. Holland confirms it was the last time he ever heard Dean use the term ‘kid’ or ‘boy.’ Mr. Holland denied hearing Dean make any other comments that he perceived to be racial in nature,” the report says.
Findings
Regarding the April 10 incident, the report says, “Dean acknowledges using the term ‘kid’ but disputes directing the term at Mr. Holland. Dean stated he used the term in its plural form, ‘kids,’ as part of an informal way of giving direction to the group. Dean explained he meant no offense in using this term and advised that he uses it colloquially in casual conversation without regard to race.”
The report says witnesses gave inconsistent testimony regarding Dean’s use of the term ‘kid’ or ‘kids’ and no one corroborated Holland’s statement that he said, “Look at my kid holding my boxes for me.”
Regarding the April 12 incident, the report says, “Dean denied that he used the terms ‘kid’ or ‘boy.’ Dean expressed an understanding that the term ‘boy’ has racial connotations and would not be an appropriate term to use in reference to any employee, particularly a minority. Dean expressed his belief that he and Mr. Holland ended the day on good terms and denied Mr. Holland’s claim that his apology was insincere.”
The report notes no other employee corroborated Holland’s allegation that Jones referred to him as ‘kid’ or ‘boy’ on April 12.
“Accordingly, the undersigned finds Mr. Holland’s allegations of verbal abuse and discriminatory/aggressive behavior to be unsubstantiated,” according to the report.
The report notes that Holland never filed a complaint with the mayor or the city clerk.
Toxic environment
The report says Holland’s allegations of a toxic work environment were principally based on the April 10 and April 12 incidents, but Holland also identified conduct he found objectionable after Murphy provided Dean Jones with supervisory authority over Roosevelt Jones.
“The mayor assigned public works oversight responsibility to Dean in early June of 2024 following a series of documented performance concerns with former Public Works Manager Roosevelt Jones. These concerns are outlined in a corrective action letter addressed to Roosevelt dated May 31,” the report says.
Dean Jones reversed Roosevelt Jones’ previous decision to allow some public works department employees to work four 10-hour days per week instead of five eight-hour days. Dean also restricted employees’ ability to cover each other’s weekend shifts.
“Mr. Holland described the schedule change as the tipping point which led to his resignation as he felt the schedule change was targeted towards him,” the report says.
“Dean advised that he relayed requests from the mayor or otherwise gave instructions based on what he understood the mayor wanted done. He denied there was any effort to undermine or micromanage Mr. Holland, Roosevelt, or any other member of the department and described both Holland and Roosevelt as good employees.
“Dean confirmed he changed the schedule to ensure more consistency in staffing. Dean explained there was no consistency in hours amongst the public works team, such that he was often short a full crew, particularly on Fridays. This was supported by the testimony of the public works employees who confirmed they did not share the same schedule on a weekly basis. Dean denied the change was targeted at Mr. Holland or any specific individual,” the report says.
“A preponderance of evidence supports the existence of tension in the department brought about by a change in reporting structure where the previous supervisor remained employed in a subordinate role. It is clear that Roosevelt and those that Roosevelt hired, Mr. Holland and Mr. Huling, felt that Dean used his authority to micromanage the department in a manner which undermined Roosevelt’s position. However, this perception was not shared by the rest of the team who viewed Dean’s directives as the product of a new supervisor taking over the department and did not find them objectionable. There is no indication that Dean’s management of the department was based on race or any other characteristic protected under federal or state law. Accordingly, the undersigned (Stefany) finds Mr. Holland’s allegations of a toxic work environment to be unsubstantiated,” according to the report.
Additional investigation
The report also says, “Although not alleged by Mr. Holland, during the interview Mr. Huling reported hearing the mayor use the term ‘brownie’ on one occasion and assumed it was in reference to Roosevelt Jones. Mr. Huling explained the mayor spoke to him about ensuring American flags which had been installed around the city for the Fourth of July were properly displayed. Within this context, Mr. Huling reported that the mayor told him to not mess it up ‘like brownie.’ Mr. Huling assumed the mayor was referring to Roosevelt based on Roosevelt’s race and his position in public works.
“The mayor recalled the statement but denied it was in reference to Roosevelt. Rather, the mayor explained he was referring to a former Caucasian public works employee he had nicknamed “brownie” after the employee had mistakenly ordered brown sand to fill in low areas in the city’s public spaces rather than the white sand already in place. The mayor explained this employee had also displayed American flags backwards when placing them on display for a Veteran’s Day event. Accordingly, the mayor explained his comment to Mr. Huling was in reference to this employee rather than Roosevelt. The mayor denied ever using the term in reference to Roosevelt or any other employee,” the report says.
The report says Stefany confirmed with others the origins and prior use of the nickname: “As a result, the undersigned finds the allegation that the mayor used the term ‘brownie’ in reference to Roosevelt Jones to be unfounded.”
Closing remarks
In his closing remarks, Stefany stated, “The above report has been prepared to address the concerns raised in Mr. Holland’s July 25 email. However, at the city’s request, the undersigned’s investigation included an assessment of the work environment beyond the public works department and Mr. Holland’s allegations.
“During the course of the undersigned’s interviews of city personnel, several individuals at both management and non-management levels expressed their own work environment-related concerns. These concerns were not consistently targeted at any one person or persons but can generally be summarized as a pervasive lack of trust and collegiality amongst coworkers which is having a reported adverse impact on the day-to-day work environment. Although beyond the scope of this report, such concerns and recommendations to address the same have been shared with the mayor.”
Mayor’s comments
When contacted Friday, Murphy said, “The report speaks for itself. I think it was time well-spent and I’m glad we conducted the investigation.”
Regarding Stefany’s closing remarks, Murphy said he plans to bring in an independent facilitator to help improve teamwork and workplace sensitivity awareness. Murphy said Dean Jones will continue directly supervising the public works department until a new public works manager is hired.
