TBO.com - TBO is Tampa Bay Online

Hernando Today

Leto May Not Have Grievance Recourse

ADVERTISEMENT

By MICHAEL D. BATES

Hernando Today

Published: May 13, 2008

BROOKSVILLE - Former emergency management director Tom Leto, fired Friday for allegedly having a romantic affair with his secretary, said he will appeal to the county's personnel advisory board (PAB).

As of Monday afternoon, Leto had not done so.

But what exactly is the PAB and what happens when someone appeals to it?

This little-known grievance committee has met only four times since 2002 and there is some question as to whether Leto even has access to it, given that he is no longer on the county payroll.

Even if he does, there's a question about whether he followed the proper guidelines spelled out in the county's employee grievance policy.

County Commissioner Rose Rocco thinks not. And the county's legal office hasn't reviewed the matter.

If Leto wanted a hearing before the PAB, he should have asked for it after he was put on paid administrative leave March 31, she said. Not wait until he was fired.

"If there was a grievance to be filed, it should have been done early on," Rocco said.

The PAB was first set up by former human resources director Barbara Dupre in 2000 for reasons that remain unclear, Rocco said. Dupre resigned under fire last month following a stinging independent legal review of her department's management policies. Rocco said that entity is almost certain to be examined during a thorough review of the county's HR department, now being conducted by two committees set up by County Administrator David Hamilton.

"As a department director, (Leto) should have been aware of what the procedures were, and he should have brought it to someone's attention (sooner)," Rocco said.

According to the policy, an employee is supposed to report first to his or her immediate supervisor, which, in Leto's case, would have been the county administrator.

That apparently was not done.

In fact, the policy states that the county administrator is the last step in the grievance process.

"The decision of the county administrator is final and no reconsideration is available," the policy states.

The personnel advisory board is comprised of five regular members and two alternates - a mix of county employees and citizens.

Assistant County Attorney Jon Jouben said Monday his office has not been asked to give an opinion on whether Leto has followed the proper procedures spelled out in the county's policy on PAB grievances. Rocco said it is not known yet whether there will be additional charges leveled against Leto.

Assistant State Attorney Mark Simpson said Monday his department has finished its review of the Leto case.

As of now, no further charges will be issued in the matter. But that could change if new information surfaces, Simpson said. Commissioner David Russell said one of the powers of the county administrator is to hire and fire at will.

Hamilton exercised that power "and as far as I'm concerned his decision was justified," Russell said.

Leto had been Hernando County's emergency management director since May 2003 and earned more than $70,000 when he was fired. County documents show that between Jan. 5, 2007, and Feb. 29, 2008, Leto had approved the payment of 365 hours of overtime for department secretary Stephanie Anderson.

Excluding firefighters and paramedics, that represents the highest number of overtime hours ever approved for a county employee during that period of time.

Hamilton said the work duties Leto assigned Anderson could not justify that much overtime.

Leto has denied all charges and said his relationship with Anderson was platonic. Failing satisfaction from the PAB, Leto hinted at a lawsuit against the county.

Reporter Michael D. Bates can be reached at 352-544-5290 or mbates@hernandotoday.com.

Share this:

Loading Comments...

Email Print

ADVERTISEMENT