Case Study Chapter 10 Boss, We’ve got a problemBy Kayla Cur.docx

Case Study: Chapter 10
Boss, We’ve got a problem
By Kayla Curry
Background
Charlie Upton was the most beloved citizen of the close knit
village of Summit. Everyone knew and respected Charlie. As a
17 year veteran of the police department, he was valued and
admired for his unyielding care for the community. Charlie
Upton gained acclaim for his heavy involvement in youth
activities. He coached the boys pee-wee football team to
victory in back to back seasons. He was known to get passionate
about a bad call by referees. Coach Upton cared so much for
his team, he generously offered to reward the team with a trip to
Disney World. The man was even President of the local school
board at one time. The highlight of the Christmas season was
when he would dress up as a convincing Santa Claus for all of
Summit’s children and visit the elementary schools.
Cont.
Charlie Upton’s popularity within Summit was unparalleled.
Upton was known to rub shoulders with the Village’s elite.
Primarily Village Administrator Tim Bell, whose son was star
quarterback of Upton’s pee-wee team, and his own boss Police
Chief Martin Owens. It was safe to say, nobody was expecting
the coming scandal that would forever shake the community of
Summit.
When Chief Martin Owens first heard the news, he decided to
run straight to Administrator Tim Bell for direction. Highly
unsettled, together they came up with a plan to combat the
coming storm.

Cont.
Chief Owens and Administrator Bell called Charlie Upton into
the Chief’s office and demanded an explanation to the
allegations brought against him. A 12 year old boy who was
being treated by a social worker for emotional problems,
claimed that he had been sexual molested by none other than the
Department’s beloved Charlie Upton.
When confronted with the accusations Upton replied simply,
“well, there goes 17 years of police work down the drain.”
Taking Upton’s non-denial as admission of guilt, Bell furiously
demands he surrenders his badge and places him on unpaid
leave on the spot. An outside agency would handle a 3 week
investigation into the charges and in the meantime nobody
outside of those three parties would know why Charlie Upton
was being investigated.
Cont.
The investigation was completed and Upton was charged with
criminal sexual conduct with a minor. He was immediately
terminated. Against legal advice Administrator Bell refused to
pay Upton’s separation pay of $26,000 in unused vacation time
and sick leave.
From that point, the Village of Summit turned into a political
circus:
Anticipating tough questions, Bell and Owens crafted their
responses ahead of time
Pending public announcement Administrator Bell held a closed
door meeting with the Council informing them that the Officer
in charge of youth offenses was a child molester
Three of the Council members didn’t believe Upton would do
such a thing and demanded Bell put him back in a uniform and
on the streets
When the public was made aware they went into a frenzy. Most

believed Charlie Upton was innocent and the Police Chief and
Administrator Bell framed him because they were jealous of his
popularity.
Charlie Upton plead no contest to charges and served 2 years
probation
The Ethical Issue
Is it ethical to fire someone with little to no due process, if it
was thought that they did something terrible?
6
Secondary issues
Was it ethical that the Charlie Upton case was treated as a
political show by the lawmakers and citizens of Summit, rather
than a criminal investigation into the allegations?
Was it right for the Council members to demand Upton’s
reinstatement based solely on the fact that they thought he was a
good guy?
Was it ethical for Administrator Tim Bell and Chief Martin
Owens to ignore their conflict of interest when persecuting
Charlie Upton?
StakeholderPerspectiveCharlie Upton Disappointed all his hard
work on the Police Force has come to nothing. Feels he earned
his unused sick and vacation time money.Administrator Tim
BellHe is angry and very disappointed in Charlie Upton. He
would rather be sued than pay money out to a charged child
molester. Probably feels relieved he didn’t let Upton take the
football team on the trip to Disney World.Chief Martin
OwensAnxious and worried Summit citizens have lost faith in
the police department due to the scandal. Wants the situation

over as quickly and cleanly as possible. Very disappointed in
his former friend and employee Charlie Upton.12 Year Old
AccuserSuffering from emotional and sexual abuse. Wants
some sort of justice for his attacker.Village Council
MembersAll members are upset that they weren't informed of
the situation earlier. They have mixed feelings about Upton.
Some wanted him reinstated and some want to wait for a court
to decide on guilt.
Stakeholders and Perspectives
Cont.
Mark HammondSchool Superintendent whose on camera
response to the crisis was “the victim was not enrolled here and,
therefore, none of our concern.” Before the scandal he and
Upton were friends as they served on the school board
together.Village Finance DirectorShe argues that the Village
should pay Upton his separation pay as it is required legally,
contractually, and ethically. She is very concerned that Charlie
Upton is going to sue the Village for illegal withholding of
wages.Summit CitizensMixed feelings. Most are upset that
Charlie Upton’s name has been slandered and they feel that the
accuser is lying and that Charlie is a good guy.Outside
Investigation AgencyRole is to stay impartial and complete the
investigation..
history
Similar Cases:
The City of Clearwater terminated Clearwater Fire Chief Jamie
Geer on Dec. 13, immediately following his arrest by the
Florida Department of Law Enforcement for capital sexual
battery. Very limited due process
Did Anyone Ever Sue For Their job or Unpaid Wages?

Krieger v. Florida Fish And Wildlife Conservation Commission.
Former law enforcement officer sued for wrongful termination.
Mr. Krieger Claims termination was not an appropriate remedy
under the fish and wildlife commission's regulations. Krieger
lost the case.
Park v. City Of West Melbourne, Florida. Former Police Officer
seeking reinstatement and back pay. Employee was fired for
providing false testimony after lying about calling a psychic
hotline using department resources. In this case a pre-
termination meeting was held.
Defamed but Retained Public Employees:
The Miami Herald claims Florida agencies have a long history
of relocating abusive officers instead of firing them using 310
sexual harassment suit payouts totaling over 11 million by state
agencies as evidence.
laws
Legally Required Due Process in The State of Florida
Employer Rights:
At-will employment is a term used in U.S. labor law for
contractual relationships in which an employee can be dismissed
by an employer for any reason without warning and without
having to establish “just cause,” as long as the reason is not
illegal.
Right to work state
Employee Rights:
In certain cases, employees are afforded protections under law.
Unionized? In this case no.
Florida statue 448.102 protects employees against retaliatory
personnel action in situations if any activity, policy, or practice
of the employer is in violation of a law.
Fair Labor Standards Act of 1938 is originally a federal piece of
new deal legislation that established basic employee rights in

this country. This act provided the basic framework for
employee rights.
Florida statue 448.103 Procedural due process gives public
employees, who have a property interest (i.e. a legitimate claim
of entitlement under state law to a job) in their employment, a
meaningful opportunity to be heard prior to termination.
My Expert
Jewel White
Current Pinellas County Attorney
The County Attorney serves as the Chief Legal Counsel to
Pinellas County government and the majority of constitutional
offices
She is an expert in local government law with over 20 years of
experience
Sworn in 2017 as President of the Florida Bar Foundation; a
statewide 501(c)(3) public charity that provides funding for
legal aid and improvements in the administration of justice
Expert opinion
In Pinellas County, legislation in the 1960’s-1970’s set up the
framework for a civil service system that gives due process
rights to County employees.
These rights are specifically for public employees that are
classified service members
Two Types Of Employee Identification:

Classified service member
Exempt
When Are Public Employees Entitled to Due Process Hearings?
Pre and Post Termination Hearings
Post hearing is more important legally
Pinellas County Has Unified Personnel Board Policies: Policy
#10- Discipline Policy
Coaching and counseling are methods for confronting an
employee about a problem.
If counseling fails or an incident occurs which is serious enough
to warrant a formal step of discipline, the supervisor has several
options:
(1)Verbal Warning (2) Written Warning (3) Suspension (4) Pay
Reduction (5) Demotion (6) Dismissal
My recommendation
What Should Have Happened?
Although Administrator Bell was within his rights legally to
demand Upton relinquish his gun and badge while placing him
on unpaid leave upon hearing the allegations, the more ethical
thing to do was to either place him on paid leave or desk work
without removing him from the force pending the outcome of
the investigation.
Lessons Learned
As the charges have not be proven to be true or false, at the
time, Upton deserved the benefit of the doubt by Chief Owens
and Administrator Bell. Our legal system is built upon the
principle “innocent until proven guilty.”
Ethics and duty should outweigh friendship.
In civilized life, law floats in a sea of ethics. ~Earl Warren
Answering Main Issue
I was always told growing up that it’s not about what you think,
it’s about what you know to be true. In my opinion, it is not
ethical to fire someone with improper due process if it was
thought that they did something bad. The person with the

highest authority in the situation has a moral obligation to seek
the truth; instead of having a knee jerk reaction.
WORKS CITED
Ballman, Donna M. “You’ve Been Fired – What Can You Do
About it Under Florida Law?” Donna M. Ballman, P.A, 3 Mar.
2018, https://www.ballmanfirm.com/youve-been-fired-what-
can-you-do-about-it-under-florida-law.html
Byron D. Park v. City of West Melbourne, Florida. Fifth
District Court Of Appeal Of The State of Florida. Case No.
5D05-2226. Web. 27 Feb. 2006.
Douglas Krieger V. Florida Fish and Wildlife Conservation
Commission. No. 3D16–2312. Web. 31 May. 2017
FLA. STAT. §448.102 (2018)
“Fair Labor Standards Act (FLSA).” State Human Resources,
Office of Financial Management, 2017,
https://ofm.wa.gov/state-human-resources/compensation-job-
classes/compensation-administration/fair-labor-standards-act-
flsa
Gregory, James. “Clearwater fire chief fired after arrest.”
Tampa Bay Newspapers, tbnweekly, 12 Dec. 2010,
https://www.tbnweekly.com/clearwater_beacon/article_f69777f1
-4c5a-579a-9b9a-1561db250598.html
“GUIDE to The Sunshine Amendment and CODE of ETHICS for
Public Officers and Employees.” Florida Commission on Ethics,
2019,
http://www.ethics.state.fl.us/Documents/Publications/GuideBoo
kletInternet.pdf?cp=2019314
Works Cited Cont.
Humphrey, Joanne. “Pre and Post Termination Hearings: When
Public Employees are Entitled to Due Process Hearings.”
American Society for Public Administration, PA Times, 28

May. 2017, https://patimes.org/pre-post-termination-hearings-
public-employees-entitled-due-process-hearings/
Nelson, Claud. “Attorney Jewel White takes office as president
of The Florida Bar Foundation board.” The Florida Bar
Foundation, 19 Apr. 2017,
https://thefloridabarfoundation.org/attorney-jewel-white-takes-
office-as-president-of-the-florida-bar-foundation/
Klaus, Mary Ellen. “How a little-known 1997 sexual harassment
case may serve as a warning to the Senate.” Miami Herald,
Tallahassee Bureau, 28 Nov. 2017,
https://www.miamiherald.com/news/politics-government/state-
politics/article186873578.html#storylink=cpy
“Personnel Rules / Policies / Procedures / Guidelines.” Pinellas
County Government, Human Resources, 1 Jan. 2016,
http://www.pinellascounty.org/hr/rules/pdf/rule-6.pdf
Stern, Nate. “Defamed but Retained Public Employees:
Addressing a Gap in Due Process Jurisprudence.” Holstra Law
Review, vol. 31, no. 3, Nov. 2003, pp. 1-4,
https://scholarlycommons.law.hofstra.edu/cgi/viewcontent.cgi?r
eferer=https://www.google.com/&httpsredir=1&article=2219&c
ontext=hlr
“Unified Personnel Board Policy #10.” Pinellas County
Government, Human Resources, 1 Jan. 2016,
http://www.pinellascounty.org/hr/policies/pdf/UPS10-
discipline.pdf
Trust Your Gut or Go With The Flow?
The Hiring of a New Police Chief –
What’s a New City Manager to Do?
Presentation by Susie Akiko Ross
The Main Ethical Issue

Is it ethical for a city manager to rely upon a politically-
motivated Advisory Panel, even when he knows the process is
likely going to approve an inappropriate candidate for a non-
political position?
City Manager Jack Ellis hired on 4/3 split vote of Mayor
Marvin Morris & Council.
Not the Mayor’s choice for City Manager.
Mayor’s choice was the Deputy Police Chief, Bob Collins.
Ellis is the youngest City Manager in the State, fresh out of
graduate school.
Ellis is the second City Manager for Woodside, a city of 10,000.
Ellis is the first professional City Manager for Woodside.
Mayor gives him six months to prove himself because Ellis was
not his choice for City Manager.
Background of City Manager’s Hiring by Woodside
Woodside History
Mayor Marvin Morris is described as a “white bigot.”
Mayor Morris’s friend is Deputy Chief of Police, Bob Collins,
also a “white bigot.”
Current Police Chief is Ronald Grover, a “large African
American.”
Woodside is 65 % black, 10% Hispanic, 25% white.
21-member police force: 18 white men, 3 black men, no women,
no other minorities.
No Civil Service System.
Many believe Mayor Morris chose Chief Grover to “dispel his
white bigot image.”

Mayor Morris and Chief Grover constantly “butt heads.”
The Brewing Storm
Mayor Morris created position of Deputy Police Chief and
hired Collins to watch over Grover.
Chief Grover had no input into position or hiring of Deputy
Chief Collins.
Deputy Chief Collins is more experienced and credentialed than
Chief Grover.
Rift in Department and Community over hiring of Deputy Chief
Collins.
Community likes Chief Grover, who is outgoing and sociable.
Community does not like Deputy Chief Collins, who is seen as
“stern and gruff.”
Mayor Morris wanted Deputy Chief Collins as City Manager,
but Ellis was chosen instead.
The Precipitating Incident
Mayor Morris is unhappy that the Council voted for City
Manager Ellis, not Collins, on a 4/3 split vote.
Mayor Morris is on a mission to get rid of Chief Grover and
replace him with Collins.
Mayor Morris is assisted on this mission by 3-member minority
of City Council.

City Council unhappy with City Manager Ellis, reminds him he
works for all of them.
Chief Grover then requests 2-month leave to care for terminally
ill mother.
City Manager Ellis grants the request, infuriating Mayor Morris.
Mayor Morris gets the Council to override the request, taking
away the leave time.
Chief Grover quits, a new Police Chief needs to be hired.
The Hiring Steps for a New Police Chief
Mayor wants Deputy Chief Collins promoted.
Ellis believes that neither he nor the community would accept

Collins as Chief.
Any appointment has to be confirmed by City Council.
Council did not approve Collins as City Manager, unlikely to
approve him as Chief.
National search instituted, 200 applications come in.
150 applicants eliminated as not qualified, 10 selected for
interviews.
First hiring decision for City Manager Ellis.
City Manager Ellis decides to form Blue Ribbon Advisory Panel
for the interview.

The Blue Ribbon Advisory Panel
City Manager Ellis forms blue ribbon advisory panel consisting
of:
2 council members
1 vocal community activist
1 neighboring police chief
1 state police captain
1 representative from the prosecutor’s office
2 members of local civic groups
The City Attorney
City Manager Ellis believes the Panel is not a public body, and
the interviews before the Panel are not therefore a meeting
under the open meetings act.
The Panel Interviews
ApplicantPanel’s ReactionCity Manager’s ReactionDeputy
Chief Collins, the “courtesy” choice.Not really impressed. Not
likely to be confirmed if chosen.
Meh. Knows he likely would not be confirmed, and that
community does not want him.William Carson, a police chief

from another state, possessed tact and leadership.
Satisfied, but unenthusiastic. Nothing catches their attention
about him, but know he is qualified.First choice. Gut told him
this was best choice for City. He does not discuss his views
with Panel. References checked.Orson Cobb, a police chief of 3
years elsewhere, and former captain of South Chicago precinct
for 8 years. Flashes awards & boasts about his career.Very
Impressed by the showmanship and the credentials of the “big
city” cop.Flashy, “door-to-door salesman.” Gut told him
something was not right. He kept his concerns to himself.
References checked.
Disaster Strikes
The Blue Ribbon Panel recommends Orson Cobb. City Manager
has serious misgivings about Cobb, but does not share them
with the Panel.
City Manager Ellis ignores his gut, and goes with the flow,
hiring Orson Cobb, the Panel’s choice.
City Council confirms Cobb on the expected 4/3 split vote.
Cobb’s old community discovers Woodside hired him, and the
media asks questions about sexual harassment lawsuits, drinking
on duty, accident in city vehicle in a section of town frequented
by prostitutes, secrecy of hiring process.
Local media headlines the scandals for 2 weeks, pointing out
the secrecy in hiring & lack of background investigation. City is

placed in a bad light when Cobb’s past actions are revealed.
Chief Cobb is condescending, abrasive, negative, lazy, and
alienates nearly everyone. He fails to perform competently.
Chief Cobb lasts 6 months before City Manager has no other
choice but to terminate him.
StakeholdersPerspectivesCity Manager Jack EllisWants the best
candidate for new Police Chief, but is concerned about the

Mayor and the Panel’s choice of candidate. Believes that the
Panel’s choice has several red flags, but also believes that a
consensus decision may be the correct path to take. He thinks
his only choice is the hire the Panel’s choice of
candidate.Mayor Marvin MorrisA white bigot, Mayor Morris
wants another white bigot friend as police chief, not concerned
that others do not like his personality or attitude, not concerned
that the community is majority non-white.Deputy Police Chief
Bob CollinsWants to be police chief, unconcerned with the
community’s opinions about him. Police Chief Ronald
GroverWas liked by the community, but disrespected by the
Mayor and Deputy Police Chief, but he would want what best
serves the needs of the community.7- member city councilThe
council was split 4/3 on the hiring of Deputy Police Chief
Collins and City Manager Ellis. The minority side with the
Mayor on decisions, and they are NOT politically neutral as
their job includes confirmation of certain positions.Blue Ribbon
Advisory Panel (as a whole)They were all impressed with the
flashy candidate who boasted about his achievements, and they
see a chance to hire a “big city” cop for their 10K population.
They each have separate interests, and the council members are
likely politically motivated.Blue Ribbon Advisory Panel – 2
council membersThey have their own political agendas, and side
with Mayor Morris or with City Manager Ellis. Blue Ribbon
Advisory Panel – vocal community activistThis activist wants a
Police Chief that would best represent the community and is
taken in by the awards Candidate Cobb shows them.Blue Ribbon
Advisory Panel – police chief from neighboring districtHe
wants a solid choice for police chief and is persuaded by the
“big city” choice that wants to police a small community.Blue
Ribbon Advisory Panel - state police captainHe wants a solid
choice for police chief and is persuaded by the “big city” choice
that wants to police a small community.Blue Ribbon Advisory
Panel – Prosecutor’s office representativeHe wants a choice that
will go after criminals, and Cobb’s awards persuade him he is
the right choice.Blue Ribbon Advisory Panel – 2 members of

local civic groupsThey have their own reasons for wanting their
choice, but it does not mean they are looking for the best choice
for the community.Blue Ribbon Advisory Panel – the City
AttorneyThe city attorney wants a “law and order” cop, and the
awards that Cobb has are persuasive.William Carson, candidate
for Police ChiefQuiet and unassuming. Possessed tact and
leadership, and he wanted the position of Police Chief.Orson
Cobb, candidate for Police ChiefHe wants the position of Police
Chief, but has a hidden agenda that the Panel did not
discern.Local communityThey want a police chief who
represents their community well, and were unhappy that the
interviews were closed. They also want a well-functioning
government that is transparent and accountable.City government
employeesThey want a well-functioning government, so want a
Police Chief that can assist in that regard.
Municipalities & Advisory Committees
According to the Florida Municipal Officials’ Guide, under the
council-manager form of government, the City Manager is the
chief administrative officer, and the Council is supposed to
refrain from interfering in personnel matters. The City Manager
is non-political, and he is the one who makes recommendations
to the Council, and it is the Council who hires (and fires) the
City Manager. This is not a function of the Mayor. The Mayor,
City Manager and the Council are subject to the Code of Ethics
as codified in the Florida Statutes and discussed in some detail
in Florida’s Code of Ethics for Public Officials and Employees.
(Florida Municipal Officials’ Manual 2013; Guide to the
Sunshine Amendments 2019)
In Florida, a municipality can establish advisory
committees to provide expertise in certain areas, and it is
usually the Council which sets up these advisory committees,
which should include community citizens and council members,
but which only address a specific issue and are just advisory in

nature. The advisory committee is subject to Florida’s open
meetings and public records laws, however. (Florida Municipal
Officials’ Manual 2013) The members of any advisory
committees are also subject to the same Code of Ethics if they
are government officials. (Guide to the Sunshine Amendments
2019; Florida Municipal Officials’ Manual 2013) This means
that the City Manager, the Council, and the Advisory Panel
members who are public officials are also required to avoid
conflicts of interest and not use their positions to benefit to
them, but instead uphold the public trust in addition to
following the laws. With regard to meetings of advisory
committees, such as the Blue Ribbon Advisory Panel in this
case, Florida requires that those meetings be open to the public.
(Guide to the Sunshine Amendments 2019)
Ethics for Leaders
As the Society of Human Resource Management’s (“SHRM”)
Code of Ethics points out, ethical leaders question actions
whenever necessary to determine that the actions and the results
are ethical, and if they are concerned if a particular situation is
ethical, they look for expert ethical guidance to help them.
(Society for Human Resource Management Code of Ethics
2018). The American Society for Public Administrators
(“ASPA”) has a Code of Ethics advising that ethical officials
consider every relevant standard or value in situations and are
committed not only to uploading the letter of the law, but also
the spirit of the law. The public’s best interest should come
first, and a good City Manager has to be ready make decisions
that may not be popular with everyone. (Practices to Promote
the ASPA Code of Ethics 2013) Additionally, the ICMA offered
an article regarding the interplay between the police and the
city management, and pointed out that good police departments
are legitimate and build trust in the community while a good
city manager makes it a priority to assure the community that

the government cares about them, particularity in communities
of color. (Police, the Community, and the local Government
Manager 2015)
Similar Hiring Circumstances
This is not the first time a city has used an advisory committee
when faced with the hiring of a new Police Chief. While I did
not locate a Florida city where this happened, a similar issue
arose in November 2017, when Dixon, Illinois, a city that also
had a council-manager form of government, was hiring a police
chief. The city manager and council formed an advisory
committee that consisted of police chiefs, city leaders, and other
stakeholders, to assist in the hiring of the new police chief in an
open and transparent way. (Police Chief Selection Process
2017) South Fulton, Georgia, which also has a council-manager
form of government, also used an advisory committee to hire a
new police chief. The difference with South Fulton is that
although their candidates had been vetted by other police
professionals from other divisions or departments, the Council
and some members of the advisory committee determined that
although some candidates appeared to be vetted properly, they
wanted a police chief who had been a police chief elsewhere
first, which resulted in their rescinding their first offer and
making a second offer to someone else. (Kass 2018)
Neither of these two municipalities faced a situation
wherein the advisory committees met secretly to interview
police chief candidates, and neither municipality appeared to be
bound to the recommendations of their committees. In my case,
City Manager was under pressure from Mayor Morris to
perform, under pressure from the Councilmembers to remember
that he worked for them, and under perceived pressure from the
community to hire a police chief that was the best fit for their
minority-majority community. As he was a recent graduate, he

also likely put a lot of pressure on himself to make an ethical
choice while balancing competing needs. Once he had hired
Orson Cobb without first discussing his concerns with the
Advisory Panel, it was too late for him to turn back.
Expert – William Horne, II
Clearwater City Manager
B.S. – Chemistry (University of Tulsa, 1971)
M.S. – Human Resources Management (Pepperdine, 1976)
M.S. – Political Science (Auburn, 1982)
1993 to 1995 - Commander of Yokota Air Base, Japan
1995 to 1998 – Director of Manpower, Personnel &
Administration, MacDill Air Force Base, FL
1998 – Retired from the United States Air Force
September 1998 – Clearwater General Services Administrator
May 1999 – Clearwater Assistant City Manager
July 2000 – Clearwater Interim City Manager
August 2001 – Clearwater City Manager
Chief Administrative Officer with responsibility for all
departments, except the City Attorney, and reports directly to
the City Council. Responsible for 1830 employees, and annual
budget of $567 million.
My Expert Meeting of March 20, 2019
I met with my expert on March 20, 2019 and learned that he had
hired two police chiefs in his career as Clearwater’s City
Manager, and he was able to walk me through his hiring
process, as well as discuss the main ethical issue with me. We
also discussed the sub-issues that affected this hiring decision,
and generally conversed about ethics and the need for

government employees to adhere to the guidelines in order to
demonstrate ethical leadership. We talked about this situation,
and the ethics of the hiring process, the choice, and how to
avoid similar situations in the future.
Discussion of Main Ethical Issue
As a reminder, the main ethical issue was: Is it ethical for a city
manager to rely upon a politically-motivated Advisory Panel,
even when he knows the process is likely going to approve an
inappropriate candidate for a non-political position? My expert
said that while there was nothing inherently wrong in setting up
this particular Advisory Panel, it did not give the perception of
impartiality. After further dialog, we both determined that while
not strictly unethical per se, it was inappropriate and would be
viewed as unethical. Technically speaking, advisory
committees are supposed to provide expertise that is otherwise
lacking, and here, there were too many competing agendas
among the Panel members, despite their unanimous choice of
Candidate Cobb.
It was clear from a reading of the case that the Panel members
were persuaded by a razzle dazzle show put on by Candidate
Cobb, a show designed to mask his inadequacies and issues. As
the City Manager described him as a “flashy,” door-to-door
salesman type, he could have made sure the Panel asked
questions during the interview designed to flesh out Candidate
Cobb’s flaws. This did not happen, and it turns out that the City
Manager’s gut feeling about Cobb was the correct one. If the
City Manager had not been so consumed with trying to please
everyone, he would have made an ethical decision to avoid
hiring Candidate Cobb, even when he knows it will go against
the popular opinion of the Panel.

Two sub-issues:
Makeup of Panel, Open Meeting
We discussed the makeup of the Advisory Panel, and it is here
that a sub-issue arose: was it ethical for the City Manager to
include Council members on the panel as they had confirmation
duties once a new Police Chief was chosen? He did not believe
that Councilmembers should have been involved in the process
because they had confirmation duties, which meant they had an
interest in the outcome, which to the community, could appear
to be a conflict of interest. In Clearwater, the City Council has
no such role in confirmation, so this is not an issue that would
arise here.
The next sub-issue was whether it was ethical for the City
Manager to determine that the advisory panel was not a public
body in order to declare the meetings closed and avoid the open
meetings act. In the opinion of the expert, the closed interviews
were fine because it was just an Advisory Panel, but when I
directed him to the relevant portions of the guidelines and
statutes, and asked if this Advisory Panel was any different
from an advisory committee, he stated that in this case, the
interviews should have been open to the public due to Florida’s
laws. We then discussed that while background checks were
performed, background investigations were not, which led to the
next sub-issue: was it ethical for the City Manager to fail to do
a comprehensive background check on each of the three
candidates for the replacement position? We determined
together that it was not ethical to skip this step because, as I
have stated earlier, the police department must be seen as
legitimate and trustworthy in the eyes of the public. Candidate
Cobb’s past issues and lawsuits would have been discovered,
and the disaster averted if the background investigation had
been conducted.

Two sub-issues:
Trust your Gut? Go with the Flow?
The next two (and last) sub-issues involving this hiring decision
are: was it ethical for the City Manager to hire the choice of the
advisory panel just because it was their unanimous choice and
was it ethical for the City Manager to hire the choice of the
advisory panel without first discussing his concerns about their
choice with the Panel? In answer to both questions, my expert
said, “no.” He said the City Manager had an ethical obligation
to make sure the Panel had all the facts, and that those facts
could not be developed if the City Manager failed to point out
problems in the interview. Also, as the Panel was just advisory,
the City Manager was under no ethical obligation to hire their
choice because the hiring decision was his alone until
confirmation. My expert said that the City Manager should have
stood up and “laid out his case” for the candidate of his choice
and shown how the choice was a better fit for the community.
Is There a Better Process?
I asked my expert what a better process would be, and he
explained that when he last hired a police chief, he held closed
interviews with 12 candidates who had undergone a thorough
background investigation. When there were 3 candidates on the
short list, he advised the community there would be an open
meeting. Each of the 3 candidates were placed in a separate
room, and the public rotated through the room, asking
questions. The public then completed written feedback forms
and listed their choices in order. Using that information, my
expert then narrowed it down to the final 2 candidates. At this
point, he went to their respective states and cities, talked to the
Human Resources personnel at their then-current jobs, and set
up meetings open to the community to talk to the community
about that community’s candidate. Once that was done, he met

with the City Council about his hiring choice, and then held a
meeting in Clearwater that was open to the community. While
this may have seemed to have been a lot of steps, the job of
Police Chief is crucial to the community, and he wanted to
avoid issues and turnover. That particular hire worked for
Clearwater for years until he was lured away to St. Pete’s police
department!
I also researched other cities, and found that Phoenix, Arizona
used a community survey when they were recruiting for a new
police chief, attracting 1,229 participants in three-week time
span, most of whom were Phoenix residents, and half of whom
were employed in Phoenix. Using the information gained
through the survey, Phoenix was able to identify the top 5
priorities of the residents in terms of policing, and the top 5
attributes they wanted in a police chief. The top 5 attributes
were integrity, accountability, leadership, credibility, and
problem solving. A community survey conducted through
social media or snail mail or a community meeting would have
been helpful to the City Manager in my story because he would
have learned what was important to the public, and he would
have been a better steward of the public’s trust.
My Recommendation
After all my research and my discussion with my expert, I
concluded that the City Manager was not strictly unethical in
his creation of the Blue Ribbon Advisory Panel, but its makeup
should not have included the City Councilmembers due to their
confirmation duties for any new hire. The City Manager should
have opened up the interviews to the public after he had
performed a thorough background investigation on the finalists
in order to avoid unpleasant surprises, and he definitely should
have informed the Panel of his concerns about Candidate Cobb.

He also should have trusted his gut more, and stood up for his
candidate so that the Panel could have made a more informed
decision instead of being swayed by the theatrics and rhetoric of
Candidate Cobb. From the beginning, the hiring process was
flawed, and each flaw built upon the previous flaw. This
resulted in hiring an inappropriate candidate who had to be
terminated six months later for continuing to be inappropriate.
My recommendation would be that any advisory panel formed in
the future with regard to the hiring of a city employee be used
only if the city is hiring a highly technical employee, and that
the advisory panel consist of likeminded experts and members
of the community that would be affected by the employee
directly. I would further recommend that the shortlist of
candidates for positions such as a police chief face public
questioning in separate rooms, and that the shortlist be fully
vetted first. In short, I would recommend the steps taken by
both Clearwater and Phoenix’s city managers.
Works Cited
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American Society for Public Administration - Code of Ethics.
www.aspanet.org/ASPA/Code -of-Ethics/ASPA/Code-of-
Ethics/Code-of-Ethics.aspx?hkey=5b8f046b -
dcbd-416d-87cd-0b8fcfacb5e7. Accessed 19 March. 2019.
Benest, Frank. Ethical Challenges in the City Manager/City
Councilmember Relationship . 20 Apr. 2012,
www.scu.edu/government -ethics/resources/ethical-
challenges-city-council-relationship/. Accessed 19 Mar. 2019.
Ethics Rules for Advisory Committee Members and Other
Individuals Appointed as Special Government Employees
(SGEs). Oct. 2004,
www.cdc.gov/maso/facm/pdfs/ethicsrules.pdf. Accessed 19 Mar.
2019.
Five Critical Competencies for Public Administration
Leadership . 13 Feb. 2017, icma.org/articles/article/five -
critical-competencies-public-administration-
leadership. Accessed 19 Mar. 2019.
Guide to the Sunshine Amendment and Code Of Ethics for
Public Officers and Employees. 2019,
www.ethics.state.fl.us/Documents/Publications/GuideBook
letInternet.pdf?cp=2019319. Accessed 19 Mar. 2019.
ICMA Code of Ethics. June 2018,
icma.org/sites/default/files/ICMA%20Code%20of%20Ethics%2
0%282018%29.pdf. Accessed 19 Mar. 2019.
Kass, Arielle. South Fulton Offers Job to First Police Chief,
Then Rescinds I t. 1 Feb. 2018, www.ajc.com/news/local -govt--
politics/south-fulton-offers-job-first-
police-chief-then-rescinds/jM7kllMlnBDx0SH7Nrx4JN/.
Accessed 19 Mar. 2019.
Phoenix Police Chief Selection Process Community Input
Survey . 14 Dec. 2015,
www.phoenix.gov/citymanagersite/Documents/Results%20of%2
0Police%20Chief%20Recruitment%20Community%20Survey%2
0012216.pdf. Accessed
19 Mar. 2019.

Police Chief Selection Process . 2 Nov. 2017,
www.dixongov.com/news/police -chief-selection-process.html.
Police, the Community, and the Local Government Manager . 15
Oct. 2015, icma.org/articles/article/police -community-and-
local-government-manager. Accessed
19 Mar. 2019.
Practices to Promote the ASPA Code of Ethics. 16 Mar. 2013,
www.aspanet.org/ASPADocs/ASPA%20Co de%20of%20Ethics-
2013%20with%20Practices.pdf.
Recruitment Guidelines for Selecting a Local Government
Administrator . Jan. 2012, www.ilcma.org/wp -
content/uploads/2015/06/ICMA -Recruitment-Guidelines-
for-Selecting-a-Local-Government-
Administrator_2012_201206071044034050.pdf. Accessed 19
Mar. 2019.
Society for Human Resource Management - Code of Ethics. 3
May 2018, www.shrm.org/about -shrm/pages/code-of-
ethics.aspx. Accessed 19 Mar. 2019.
The Florida Municipal Officials’ Manual . 2013,
www.floridaleagueofcities.com/docs/default -
source/Pubs/floridamunicipalofficialsmanual.pdf?sfvrsn=70d6de
d5_0. Accessed 19 Mar. 2019.

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