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Termination Fight Stalls

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By LAURA KINSLER

lkinsler@tampatrib.com

Published: March 27, 2009

ZEPHYRHILLS - Former sanitation director Norman Graham tried for months to appeal his 2008 firing, so city officials were perplexed when he and his attorney were no-shows for the 1 p.m. hearing Thursday.

After waiting around for a half-hour, hearing officer Karla Owens left. "They defaulted," she said.

But Graham's attorney, Steven Wenzel, said he thought the hearing was supposed to start an hour later. City Attorney Joe Poblick said he would decide by Tuesday whether the city will agree to reschedule.
Wenzel said he offered to pay Owens' fee. "If the city says we'll have a hearing, we'll have a hearing," he said. "If not, there may be other developments."

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

Graham reimbursed the city. After his firing, he wrote two letters seeking to appeal the termination. Both requests were denied. The city granted him an appeal after his attorneys filed a notice of intent to sue.

Graham, who is black, contends the city was more lenient with white employees who committed similar infractions. Graham's firing came after a police payroll scandal that led to the suspension of one detective and the resignations of the police chief and the head of internal affairs. It also came one week after the demotion of a high-ranking city employee, Gregg Bricker, who was accused of 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 attorneys asked for binding arbitration. "This appeal is not the same quality of hearing," Wenzel said. "Ms. Owens is not an American Arbitration Association arbitrator. She's a city attorney for Dade City and former city attorney for Zephyrhills. She knows Norman, and she knows the city."
Wenzel was surprised to learn that Poblick intended to hold the appeal hearing behind closed doors. Such hearings typically are open to the public, and several city employees and elected officials arrived at city hall intending to watch the proceeding.

Poblick said the city had the authority to close the hearing because it would have been heard by a single hearing officer rather than an appointed board or commission. Attorneys for The Tampa Tribune objected to the closure.

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

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