Commissioner walks off dais after grievance policy argument

There’s no rule mandating that Key Largo Wastewater Treatment District commission meetings must be dull, and Commissioner Steve Gibbs made that known Tuesday night.

Fed up with a discussion over the district’s grievance policy, Gibbs stepped off the dais, walked toward the door, turned around and sternly told his four colleagues, “This is all bull [expletive],” and then left the building.

Gibbs was reacting to Commissioner Andy Tobin wanting a labor lawyer retained by the special taxing district to review the grievance policy. Tobin wants “standards” added that would define the threshold at which staff could lodge an official complaint against one of the five elected commissioners. Gibbs and Tobin are often at odds, particularly when it comes to the district’s staff and how it’s managed.

Tobin wants “standards” in the grievance policy because he has been critical of staff members in the past, particularly of Chief Information Officer Rob Bulkiewicz, after he was promoted to his leadership spot by General Manager Paul Christian in 2015. Bulkiewicz complained to Christian about Tobin coming into the district headquarters and questioning him about his duties. A provision allowing senior staff to file grievances against commissioners was added to the policy last year.

Gibbs wrote in an email he sent to his colleagues after Tuesday’s meeting that Tobin’s disagreements with Christian and Bulkiewicz are the root of his scrutiny of the grievance policy. There is no other motivation, according to Gibbs.

“We all know why Mr. Tobin will not accept the clause that allows senior staff to complain,” Gibbs wrote. “To wit, his unwarranted attack on Mr. Bulkiewicz, a confrontation that amounts to bullying. There is just no other word for it.”

But Tobin stated in a response email on Jan. 25 that he wants the labor attorney to review the grievance policy, and not the district’s general counsel Ray Giglio, because he considers the current policy poorly written. He said his opinion is not motivated by Bulkiewicz’s complaint against him.

“The district, however, does not have an obligation to provide a formal public regulatory framework for employees to complain about commissioners, other employees, or their workplace,” Tobin wrote. “If the district does choose to offer a formal public grievance policy, it should do it correctly, with due proceeds, including standards and criteria, which is lacking in the current policy.”

After Gibbs left the meeting, the four remaining commissioners — Tobin, David Asdourian, Sue Heim and Robby Majeska — unanimously voted to send the policy to Dale Morgado, the labor lawyer retained by the district. After reviewing the policy, Morgado is to contact the commissioners individually and ask them about what concerns they have with the policy.

Asdourian said after Morgado has finished his review, he doesn’t want to discuss the grievance policy again. “I don’t want to sit here for another two years tearing apart what Dale does with this,” he said.

Heim, the day after the meeting, said Gibbs was engaging in “hyper protectionism” on behalf of the district staff.

“As soon as Steve hears something about any staff he does not like, he goes into hyper protectionism, which derails the rest of a discussion,” Heim said.

Heim added that she agrees with Tobin that if there is to be a grievance policy, it needs to include protections against frivolous attacks on commissioners hurled by disgruntled staffers.

“Commissioners should not have to walk on eggshells for fear of being wrongly accused, hurting someone's feelings,” she said. “All behavior should be respectful and professional. There is no place in a professional environment for accusations of an alleged behavior based on an individual's perception.”

This story was originally published January 26, 2017 at 4:36 PM with the headline "Commissioner walks off dais after grievance policy argument."