NORTH PORT, Fla. — After three hours of debate, two different legal opinions, and one questionable poster, North Port city commissioners ended a months-long policy fight on Tuesday.
But just hours later, another controversy loomed. The commission scheduled a special meeting for Thursday after Commissioner David Duval filed a human resources complaint against City Manager Jerome Fletcher on Dec. 8.
North Port Communications Manager Jason Bartolone said the complaint isn't public record. That's because it's an employee matter and there's a possible investigation.
Someone filed a human resources complaint against Fletcher on Monday, according to a commission documents. Bartolone confirmed Duval filed the complaint.
Duval didn't immediately return FOX 4's request for comment.
The commission has three options, according to a staff summary.
- Allow the city manager to continue to work during the investigation process.
- Place the city manager on paid administrative leave during the investigation process.
- Place the city manager on unpaid administrative leave during the investigation process.
Duval claimed that Fletcher created a hostile work environment during an Oct. 28 commission meeting. The accusation centers around personnel policy 6.8.
WATCH: City Manager Jerome Fletcher speaks with FOX 4 just before news of human resources investigation becomes public:
The policy governs how commissioners can communicate with city staff. It said, "City commissioners are expected to communicate with employees through the City Manager or designee."
Duval said city employees repeatedly refused to answer his questions without Fletcher's approval.
“I can’t tell you how many nights I’ve woken up at 4:00 o'clock in the morning and I can’t sleep,” Duval said during the October meeting. “Whenever I have a meeting that I have to come to, I don’t sleep. On a day I know I don’t have to go to City Hall, I sleep like a log.”
Duval shared several stories about how it was difficult to get information.
He said commissioners considered whether to replace two Public Works trailers after he was first elected in 2024. One trailer was significantly more expensive than the other, Duval said.
So, Duval stopped by the Public Works facility. The commissioner said he asked city staff where the trailers were. Duval said he had a conversation with Fletcher shortly after.
“The city manager said to me, ‘we don’t allow the public in those areas,' " Duval said. “I didn’t say anything, but in my head I had this thought. I am not the public. I am an elected official of this city and it’s up to me to know as much as I can about the decisions I have to make.”
Fletcher previously told FOX 4 that he's just following the city's charter.
"As an employee of [the commissioners], and I work for them, I don't believe I can provide a hostile work environment for them," Fletcher said in October. "But that's what was said."
Section 5.02 of the city charter said, "Commissioners shall deal with administrative services through the City Manager, and neither the City Commission, nor any Commissioner, shall give orders to or make requests of any of the City Managers subordinates."
City Attorney Michael Fuino said the communications policy aligns with North Port's charter during an Oct. 28 commission meeting. During that meeting, commissioners unanimously voted to hire outside counsel to review the policy.
Attorney Nikki Day wrote a legal opinion on the city's policy. Day works for prominent Florida law firm GrayRobinson. She agreed the policy complies with North Port's charter.
"The Charter’s non-interference clause is a lawful and essential limitation designed to protect professional administration, prevent the erosion of the council- manager system, and maintain clarity of accountability and chain of command," Day wrote.
The three longest-serving city commissioners defended both Fletcher and the policy. Mayor Pete Emrich, Vice-Mayor Barbara Langdon, and Commissioner Phil Stokes said Fletcher never denied them access to information or staff.
"In the three-and-a-half years I've been on this commission, I have never been denied access to anybody, or any information," Commissioner Phil Stokes said on Tuesday. "All I needed to do was alert city manager."
"It's been consistent throughout the seven years that I've been here," Mayor Pete Emrich said. "And it's called respect. I always went to the city manager if I had to talk with staff."
The commissioners made these comments before news of the special meeting became public.
Fletcher said the policy is designed to give commissioners the most accurate information possible. It also protects employees from political pressure, Fletcher said.
"If you have political figures guiding or having their hand in day-to-day operations, everyone would go to them with every single thing," Fletcher said on Tuesday. "And they would not be able to make the right decisions with the right information."
Fletcher also created a poster of Duval that's generated some attention. Duval said he walked into the city manager's office for a meeting when he noticed a piece of paper on the wall.
The top of the page said, "DO NOT ENGAGE WITH THIS MAN," in bold red text. Underneath a photo of Duval is italicized black text that said, "Just walk away...."
Duval provided FOX 4 with a copy of the poster in October.
Fletcher said the poster was a joke. He said Duval never complained about it until a Sept. 23 commission meeting. Fletcher publicly apologized for the poster during Tuesday's meeting.
"Never meant, and never would mean to harm his feelings at all," Fletcher told FOX 4.
PUSH TO CHANGE POLICY
Commissioner Demetrius Petrow said the communications policy prevents him from getting all the facts. Petrow told FOX 4 that City Manager Jerome Fletcher is a gatekeeper of information.
"This is the only way I can get information, is through the city manager’s office," Petrow said. "And anytime I ask for any information, there’s always him, is present, or his deputy – or his assistant manager.”
On Tuesday, Petrow suggested the city's Charter Review Board examine the policy. He suggested the city adopt a policy similar to Punta Gorda.
Punta Gorda's charter prohibits council members from giving direct orders to city staff. But it does include a caveat.
"Nothing in the foregoing is to be construed to prohibit individual members of the Council from closely scrutinizing, by personal observation and questions to City officers and employees, all aspects of City government operations so as to obtain independent information to assist the members in the formulation of sound policies to be considered by the Council," Punta Gorda's policy reads.
The commission rejected Petrow's proposal in a 3-2 vote on Tuesday.
Commissioner Barbara Langdon said the debate is ultimately a distraction.
"Let's follow the charter and the legal interpretations of that charter and get back to the business of delivering value to the people who live here," Langdon said on Tuesday.
