Commission unanimously separates CM Vitas

Commission unanimously separates CM Vitas

 

BY PRU SOWERS

KONK LIFE STAFF WRITER

 

City officials swiftly and emphatically cut their ties to Key West City Manager Bob Vitas Monday, voting unanimously to accept a separation agreement paying him $120,000 to walk away from his contract, which expires next June.

City Attorney Shawn Smith was made interim city manager until commissioners can vote on a motion at a second special meeting set for 5 p.m. today. That motion, according to Mayor Craig Cates, will call for former City Manager Jim Scholl to take over Vitas’ job while a search for a permanent city manager is made.

Monday’s special morning meeting was led by City Attorney Shawn Smith walking city commissioners through the details of the agreement, which includes giving Vitas 18 weeks of severance pay totaling $69,892 in salary and benefits, and another approximately $50,000 in accrued and unused vacation and sick days plus returning what Vitas has already paid into the city pension fund.

“It quite frankly sticks in my craw that we’re giving this guy $70,000 when, in fact, I believe in my heart we do have just cause to terminate him. Having said that… we need to put this sad chapter of Key West behind us and move forward,” said Commissioner Tony Yaniz, who has led a months-long effort to unseat Vitas.

“Mr. Vitas has done a lot of good things. But he made some mistakes,” said Mayor Craig Cates. “And, unfortunately, those mistakes caught up with him and he’s going to be moving on.”

Cates was referring to a five-year contract Vitas negotiated and signed with retiring Assistant City Manager David Fernandez that would have created a new contract employee position for Fernandez. In addition to his pension, Fernandez would have been paid $113,000 a year plus benefits to oversee the sewer and storm water projects currently under the direction of Utilities Manager Jay Gewin. Gewin, who made $61,000 a year, is resigning effective July 3.

Vitas signed the contract without running it past Smith’s legal office. When Vitas defended his move at the June 17 City Commission meeting by saying the city charter gives him the authority to hire, fire and promote employees, the usually controlled Smith accused Vitas of making a “bold-faced false statement to this commission.”

Vitas did not attend Monday’s special meeting. However, in a memo to Mayor Cates and all commissioners except Yaniz dated Feb. 11, 2014, Vitas accused Yaniz of conducting a “smear campaign” against him, revolving around a complaint letter sent to the city earlier this year. The letter, written by a married couple, accused Vitas of inappropriately touching the woman during last October’s Fantasy Fest. Vitas denied the charges and no action was taken against him.

“I cannot as City Manager continually be harassed by Commissioner Yaniz for his own political agenda, creating in his wake what can only be considered a hostile workplace. I will no longer let my office or my position suffer abuse for political gain or otherwise,” Vitas wrote in his memo, asking that the commission hold an executive session to discuss the matter. No executive session was ever held.

Commissioner Teri Johnston defended Vitas’ contract with Fernandez, saying the city charter gives the city manager the authority to hire, fire and promote city employees. However, she voted to accept the severance agreement in order to “close this chapter.”

“I think its common knowledge that six out of seven of us sitting up here evaluated Mr. Vitas as meeting all expectations not more than five months ago,” she said Monday, referring to Vitas’ annual performance review, where only Yaniz gave Vitas poor marks. “I believe this gentleman (Vitas) should leave the city with dignity.”

“This is hard,” said Commissioner Jimmy Weekley. “It’s not only hard for the employees of the city. It’s not only hard for us, but it’s also difficult for the citizens of Key West, as well. This has been the only talk on the street.”

Only a few comments were made by residents at Monday’s special meeting. Mayoral candidate Margaret Romaro said she objected to two clauses in the separation agreement that forbid Vitas or any city official from making disparaging remarks about each other.

“If, in fact, there is cause for termination, then you folks should have the gumption to terminate without 18 weeks of severance pay,” she said.

“This is a way for the city to let the healing begin,” said resident Jim Gilleran. “It’s time for us to get back to work. This has been a huge distraction, I think, for a lot of folks.”

 

[livemarket market_name="KONK Life LiveMarket" limit=3 category=“” show_signup=0 show_more=0]