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Fired Zephyrhills Sanitation Chief Will Have Hearing

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By LAURA KINSLER

lkinsler@tampatrib.com

Published: January 24, 2009

ZEPHYRHILLS - The city's former sanitation manager will get a chance to appeal his October firing after threatening to sue the city for racial discrimination.

Norman Graham, who worked for the city for more than 26 years, was terminated amid accusations he misused a city credit card. Records showed he spent about $1,360 with five different auto parts vendors.

Graham reimbursed the city for the charges. After his firing, he wrote two letters seeking to appeal the termination. Both requests were denied.

Graham's firing came on the heels of a police payroll scandal that led to the suspension of one police detective and the resignation the police chief and the head of internal affairs. It also came one week after another high-ranking city employee, Gregg Bricker, was demoted for violating city policies.

Bricker, the former city streets supervisor, was demoted to foreman after City Manager Steve Spina learned he had used city equipment, materials and workers to build a small trailer for his personal motorcycle, records show.

Bricker's demotion came with a $12,000 pay cut. He also was suspended without pay for five days.

Graham's attorney, Matthew Fenton, wrote the city on Jan. 14 asking the city to reconsider his client's termination. He said the city treated Graham more harshly than other "similarly situated Caucasian employees" and he would be prepared to sue for a civil rights violation if the city continued to deny him an appeal process or a chance to take the case to binding arbitration.

"Mr. Graham is a very reasonable man," Fenton wrote. "If an arbitrator tells him that he committed a terminable offense he is prepared to accept that finding and walk away."
City Attorney Joe Poblick said the city had complied with all of its policies and procedures, but "in the interest of being amicable" has now agreed to let Graham go through a formal appeal process to avoid a possible arbitration process.

Poblick also said he looked into Graham's allegations and is satisfied that "no disparate treatment occurred."

Former City Attorney Karla Owens will hear the appeal. The two sides have not set a date.

Reporter Laura Kinsler can be reached at (813) 779-4617.

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