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Highlands Today

Fired County Workers' Appeals: 1 Denied, 1 Gets Ruling Next Week, 2 Have Hearings In Aug.

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By JIM KONKOLY

Highlands Today

Published: July 19, 2008

SEBRING - Of the four Highlands County employees appealing their firings, one's appeal was denied, one is awaiting a decision early next week, and two will have their appeals heard on Aug. 14.

Kathy Avirett, 32, who was the land acquisition manager for the county engineer's office, appealed her dismissal for inappropriate use of her county e-mail before county Administrator Michael Wright on July 9.

Wright denied her appeal and upheld her dismissal.

On Thursday, former Highlands County Sports Complex manager Rocky Ellingsworth had his appeal of his termination heard by Ken Wheeler, director of the county's solid waste department.

Wright, as the administrator, normally hears all appeals of dismissals. Wright said he assigned, as the county code allows, another county official to hear Ellingworth's appeal to ensure an impartial decision.

"I asked Ken Wheeler to hear that appeal because I was involved in the decision to dismiss Ellingsworth," Wright said Friday. Wright said he had Wheeler, who was not involved in any way in Ellingsworth's firing, hear the appeal to remove any possible question of bias.

As of Friday, Wheeler had either not made a decision yet on Ellingsworth's appeal, or had made a decision but had not yet put it in writing, Wright said.

"I don't know which of those two possibilities it is right now," Wright said. No matter, though, he said, "I expect to have Ken Wheeler's decision in writing early next week, probably Monday or Tuesday."

Wright said he will release Wheeler's decision on the appeal as soon as he receives it in writing.

Originally, Wheeler ruled that Ellingsworth effectively waived his right to appeal by not agreeing to a date and time for the appeal hearing, Wright said.

"Ken Wheeler made numerous attempts to set up the appeal hearing (with Ellingsworth), according to his memoranda, and was unsuccessful," Wright said. "As a result, Wheeler ruled that Ellingsworth waived his right to an appeal."

When informed of that ruling, Ellingsworth contacted Wheeler and said his inability to agree to a hearing date and time was the result of miscommunication, and did not stem from any attempt to delay the appeal hearing or to be difficult or uncooperative.

"Ellingsworth finally contacted Ken (Wheeler) and basically said there was some confusion about the attempts to schedule the hearing, and Ken asked me to advise him whether to hear the appeal," Wright said.

"I suggested to Ken (Wheeler) that he could hear the appeal, and that appeal was heard yesterday (Thursday)."

Ellingsworth was fired for using his position for personal profit, county officials said in announcing his dismissal on July 2. The charge against him centered on fees paid for a "College Exposure Tournament" for top-ranked high school girl's softball players at the sports complex on June 7 and 8.

The day of his firing, Ellingsworth came in person to Highlands Today and called his dismissal "a joke" and "a smokescreen."

The other two pending appeals of their firings, by former Office of Management and Budget employees Treasa Handley and Jared Lee, have been set for a joint hearing on Aug. 14.

Both Handley and Lee will be represented in the hearing by attorney James McCollum.

Handley and Lee, plus a third OMB employee, were fired for what county officials called "inappropriate" instant messages sent on their county computers while they were on the county time clock.

According to the county Clerk of Court's office, which uncovered their instant messages, many of Handley's and Lee's messages were "inappropriate," contained sexual topics or innuendo, and some were insulting to at least two county elected officials.

McCollum was scheduled to take depositions from five current and former county officials for use in his appeal of Lee's and Handley's dismissals.

According to Gloria Rybinski, county public information coordinator, the e-mails for which Avirett was fired came to light as the result of a public records request by Handley.

Handley, as any citizen has the right to do, made a public records request for the e-mails sent and received on the county computers of Avirett and several other county employees, Rybinski said.

In making a copy of Avirett's e-mails for Handley's public records request, county officials saw Avirett's e-mails and that led to her dismissal.

Jim Konkoly can be reached at 863-386-5855 or by e-mail at jkonkoly@highlandstoday.com

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