Commission reacts to State Attorney’s report
BY TRACY LEE TATE
Special to the Times
In a special meeting on Feb. 5, scheduled to deal with the issues concerning County Coordinator Jimmy Williams and to entertain the possibility of discharging him from his position, the Union County Board of County Commissioners heard more information than they were anticipating. They granted Williams an extension on his suspension with pay until they could look into some matters themselves and also to allow Williams to have more time to prepare his defense against his accusers and the recently released report on the State Attorney’s investigation of the matter.
Different standards are applied
About 50 county residents came to the meeting, overflowing the commission meeting room into the courthouse hallway. Only four people spoke during the public comment section of the meeting.
Lindsey Reddish again reminded the board of her Sept. 20, 2023, email to board members in which she cited her research concerning the matter.
“It was ignored,” Reddish said. “I was, and am, concerned for the county and am glad to see my allegations verified. I have said that different standards are applied depending on the employee, and I wonder if this is the standard of the board. If so, then the board is setting a precedent for the citizens of the county.”
Next to speak was Fred Sirmones, Jr., who began by telling board members that he never claimed to be a commissioner in Lake Butler, as was apparently reported in a television news report. He then offered his comments on the situation faced by the county.
“If a $95 fee (which Williams failed to pay when he acquired a permit for a power pole – but which has now been paid) is not paid, then the fine for this is double the cost. It happens every day.”
Sirmones mentioned that he felt that Commissioner Mac Johns was the driving force behind the investigation and reminded commissioners that Johns himself is currently under investigation for ethics violations.
“He wants Jimmy Williams out of his position,” Sirmones said. “I, on the other hand, realize his (Williams) value and want to keep him where he is.”
Just make a decision
Melissa McNeal stated that she had attended county commission meetings regularly and had become concerned that the alleged problems with Williams had taken so much of the commission’s attention and focus that other, much more important, things were being given less attention – specifically fire services and broadband.
“I don’t know if Jimmy Williams intentionally made missteps, but I wish the board would put aside all personal emotions and motives and just make a decision.”
Brady Clark, the information technology specialist for the county, spoke next, stating that he was simply a third party that did not want to be involved and that he held no evidence or opinion on the matter. Still, he felt some things should be said.
“Jimmy Williams is an honorable man in his treatment of me as a vendor, and he has always been fair and honest with me, even if he does haggle over some of my prices,” Clark said. “I am bothered by the fact that the State Attorney’s investigators did not call on me or my staff. I have a lot of evidence based on the spreadsheet used by the building department, and much of it is in the form of files that I have backed up and kept the records. I have a great deal of electronic data, and I do not want to see someone lose their job over an incomplete investigation.”
Commissioner Donna Jackson said she would be interested in seeing the backed-up files from July through December of last year, and Clark said he had at least some of them, probably quite a few. County Attorney Russ Wade then asked Clark to stop the destruction of all back-ups (they are deleted after a specific time) until the current matter was settled, and Clark agreed.
Mickey Mouse political stuff
State Attorney Brian Kramer admitted that there may have been some documents that his investigators did not collect.
Commissioner Channing Dobbs noted that sending a subpoena to get IT records was not protocol.
Kramer said the subpoenas go to a person; his office sends them to the person in charge of those records, not to a department.
“It is possible that the custodian of the records, in this situation Clerk of Court Kellie Rhoades, just picked and chose what records they sent,” Kramer said.
Jackson then asked Rhoades if she knew about the back-ups, and she answered that she was “not aware they went back that far.”
William McDaniel then came to the podium to speak for Williams. He said he had worked with Williams in a testing lab and could attest that tests and inspections were for reference to specifications only. He said that he was sure that Williams had no criminal intent and just operated in a way that happened most of the time.
“Jimmy worked for 22 years with FDOT, and his integrity is not in question,” McDaniel said. “The investigation does not show his intent to commit a crime. If there needs to be a fine, make him pay it. There is no conflict of interest here. Don’t cripple somebody that is just trying. This is all a joke, taking up time over a $95 fee. It should have been handled by the commission – it’s all nothing but Mickey Mouse political stuff.”
Clearly a case of defamation of character
After the public had made their comments, next on the agenda was Williams’ attorney, Joseph Williams (no relation). He had much to say about the matter.
“It is very clear that this appearance is on short notice,” Williams said. “We have a 28-page report on the investigation that took about 90 days to produce by trained investigators. We are not prepared to fully present a defense. This is clearly a case of defamation of character.”
He showed the board a screen of an internet news report that incorrectly said Williams was guilty of forging paperwork; words never used in the report.
“There is a conflict in the county government, a struggle,” the attorney said. “I believe this building department issue is just a means to run my client out of his job.”
The attorney said he could show evidence that the data used in the report was not actual. He said it was rare that all permit requirements were completed at one time and that delays were at the building official’s discretion.
“Mr. Whiddon did not treat Jimmy any different than he has many others,” he said. “Whiddon can allow work to start prior to issuance of a building permit under Florida law. Some discretion is allowed on both sides. What this is all about is that it is not OK for Jimmy Williams, but it is OK for everyone else. It’s all political – the Clerk of the Court is upset with my client for doing his job. That he noticed and commented on 19 meetings for which the minutes had not been done or posted (as is required by Florida law), that $100,000 allocated to the county for courthouse security, which the clerk was responsible for, was not acted upon within the time constraints and so was recalled by Tallahassee. That over $100,000 in payments to vendors were delinquent for not being paid, and Jimmy had to run them down and ask that they be handled. This did not satisfy the clerk. The real complainant here is the clerk, and she went to Gainesville with an associate to lodge the complaint.”
The attorney continued, “All of the subpoenas seem to have been done to the clerk, and there is a conflict of interest in that the clerk is the complainant and participated in the investigation. The clerk lived in her house for three or four months without a certificate of occupancy – but is it okay for her?”
The commission makes the final decisions
The board then moved on to a discussion of the investigation. Wade informed it that the alleged charges were “a regulatory authority issue” and that it was a matter for the Department of Business and Professional Regulations. Commissioner Jimmy Tallman asked Wade to distinguish between a county coordinator and a county manager. Wade reported that Union County was one in which the board governed the county administration. A county coordinator was someone hired by the board, not to be the chief executive. He said that the position had very little authority, and they confirmed Williams’s next comment that “the commission makes the final decisions.”
Situation way out of hand
Johns said he had been asking for Williams firing for some time. He cited his reasons as being asked by Williams to do things not in his scope and that Williams interfered with his ability to do his job. He mentioned a $190,000 grant for the recreation department (for a ballfield and ADA sidewalks) that he was not informed of – Johns has stated previously that the main reason he ran for his seat on the board was because of his long-time interest in recreation. Tallman responded by mentioning the $97,000 grant Williams had secured for insurance and the many more he has gotten for the county to improve the parks.
“Jimmy has multiplied the amount we pay him 100-fold,” Tallman said. “This is what we stand to lose. People in the county are afraid of us losing Mr. Williams. Everyone needs to understand that all decisions are the board’s, not Jimmy’s. I am disgusted with this fight with the clerk. I just want everyone to do what is right each and every time.”
Johns admitted that the situation had gotten “way out of hand” and recommended continued suspension to stop all the accusations.
Williams’ attorney then spoke up, saying he wanted to make a general objection to the summary and statements made.
Jackson then spoke to her fellow board members.
“I came in at the last part of this and have had to play catch-up,” Jackson said. “I spent three hours talking with Denise Clemons last Sunday after church; I have read the report and other documents and have formulated opinions on other conversations. I have been told by impartial witnesses how hard Jimmy works for the county and how effectively he is lobbying to get us funds. The building inspector gives grace to get a septic permit; I was told this by a friend who is a contractor. Jimmy told me he could not get a notice of commencement because to apply required a septic permit number. He said he wanted to see if a septic tank existing on the property could be used but would still have to get a permit. This is a conflict for me because I love what he has done for this county but am upset by what he has not done.”
Tallman added that by Whiddon’s “grace,” he was letting building move on in the county, which was necessary because he only worked two days a week.
My client has proof
Williams’ attorney summed up the situation. “These things you all feel strongly about are the reason for you to take time and give my client time to address the issues,” he said. “My client has proof he needs to gather and deserves the time to do it.”
Tallman made a motion to grant Jimmy Williams 30 days to defend himself, rebut the report and other accusations, and then decide on his future employment. The motion was seconded by Commissioner Willie Croft and passed the board unanimously.
At the end of the meeting, Johns asked Wade if the county had a labor attorney and would like to see him at the next meeting.
“Jimmy started his defense tonight…but I still want him terminated,” Johns said.
Jackson also asked Wade to have the labor attorney evaluate the process involved in dealing with the current situation and received the answer that they have offered to conduct an investigation.
Johns made a motion to approve this, seconded by Croft and passed unanimously.
