DELAY IN CONFIRMATION

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City council has delayed confirming Calvin Brown as commissioner of Affirmative Action/Contract Compliance following a councilman

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Carlton Fikbeiner's firing of Perline Griffin was not in compliance with the charter. This means that if Council confirms Calvin Brown then the entire Council will probably be cited as defendants in the upcoming discrimination lawsuits. In addition to Council being a defendant, each one of the Council persons who votes to confirm Calvin Brown will be sued individually, putting their personal assets on the line. People in the City of Toledo Administration take the Griffin, Morehead, Daugherty discrimination complaints lightly. They better wakeup and adequately resolve this situation. The longer the Administration waits the more expensive its going to get. Being a native of Toledo I have never understood the arrogance of this City's Administration. The City of Toledo represents .005% of the world's population yet we have people in responsible government position who think they got the answers and the rest of the world doesn't know didley.

...the firing of Perlean Griffin was contrary to the charter. She's an at-will employee of the mayor. The article seems to be saying that the changing/restructuring of the department was contrary to the charter...even without the change in the department, Carty could have still fired Perlean (or demoted her or whatever)...but Perlean is challenging that action under different grounds.

This is becoming a pattern and one that is not what the people need or want.

The charter is in place for a reason and it is to be followed by all.

Or perhaps we do not need the charter with a Strong Mayor?

http://toledoohioneighborhoodconcerns.com/blog

The Mayor still has to have just cause before he fires or demotes anyone, also there are three departments within the City that operate under differen't guidlines that being the Youth Commission, BCR,and Affirmative Action. That being said Its lot more difficult than one might think to remove,fire or demote anyone from one of these offices. I believe Attorney-Councilman Macnamara know's this, and that's why he pushed to have the vote held up.

P.S. Macnamara should be applauded for doing the right thing and not bowing down to KRAZY KARTY.

rescue me

I agree that an At Will Employee can be fired at anytime and there may be no logical reason for the firing. It could be something as simple as the employees qualifications don't fit the goals of the department. I've witnessed an employee being fired because her boss didn't like the fragrance of her perfume. From what I understand, Pearline Griffin's situation is different. She was fired because she refused to comply with the reorganizing of AA/CC because the procedures in the Charter were not followed by the Finkbeiner Administration or City Council. Before the department could be changed, Council had to approve the change, which Council did not. The Mayor's action to restructure AA/CC was retaliation for Perline Griffin finding probable cause against the Department of Neighborhoods and also her aggressive stance to make sure HR investigate the depraved indifference shown by City of Toledo employees towards Pat Bannister. Some citizens have suggested that the employees who abandoned Pat Bannister should have had criminal charges brought against them. It appears to me that the Mayor found AA/CC acceptable as long as the AA/CC didn't do anything or AA/CC only found probable cause against people who weren't in the "Boys Club". Also, there are many people who believe that AA/CC was making sure women and minority contractors got their fair share of the work and service contracts. Frankly, it is strongly felt throughout Toledo by many people that the Finkbeiner Administration not only wants to run the Toledo Government like a plantation, but wants to send a clear message to businesses and organizations in the City of Toledo that it is acceptable to operate their operations like a plantation as well. It is a form of local manifest destiny. My words won't fall on enough ears and for some of those who read my words they won't care. This can also be said. Carlton Finkbeiner has demonstrated that he thinks he knows more about minorities and women than they know about selves. This is called a Massa/Slave mentality and has no place in modern society. Carlton Finbeiner and his henchmen need to be put out of office immediately. Toledo has some very serious racial and social problems that we need to heal. The sores will fester as long as the Finkbeiner Administration stays in office.

...I wasn't debating the appropriateness of Perlean's firing - merely stating that I don't believe her firing was in violation of the charter, although it may be in violation of other things. The violation of the charter (improperly changing the department) may have been the precipitating cause of the disagreement which led to her firing, but Carty still could have decided to demote her/fire her without the department reorg. Perlean is challenging her firing under those conditions - not under the improper reorg of the department.

And I do appreciate McNamara for making sure that the processes to make changes are followed. Although, I expect that he'll get the same criticism that I did when insisting tha proper procedures are followed...

You don't have to have "just cause" to fire an at-will employee. The only laws are that you can't fire her for an unjust cause. Meaning, you can't fire her for being in a protected-class (handicapped, preggo, minority, etc). Outside of that, I can fire an employee if I don't like the color of his tie.

Obviously if the state considers the firing to be unjust she can claim unemployment benefits, but that's the meaning of at-will employment. It's just the same as she can quit for any reason she pleases.

Of course, as an employer, it's good to "dig up dirt" so to speak only because there's a world of difference between filing a lawsuit and winning a lawsuit. Just the filing of a suit levies a cost on a company. You can file a suit for anything you'd like. But that doesn't mean she can win.

Unless she can prove that she really was discriminated against. Unless there's some incriminating emails, audio, etc, that will probably be difficult.

This is a question of fact, not a question of law.

And the fact that you buy into Griffins story hook, line and sinker, shows where your bias lies, as if it wasn't already obvious.

This is a complicated issue. Motives and actions are subject to both reality, and the perception of reality. Perlean's perception may or may not be inline with reality. Nobody here can say with any certainty whether it is or not. I do agree that she genuinely believes that to be the case, but, again, her beliefs don't magically become fact.

The Mayor can't just fire you because he's having a bad day he has to show just cause for doing it, and thus far I hav'nt seen anything to justify the fireing of Mrs Griffin or the reorganization of the AA/CC Department, and aparently Council feels the same way or they wouldnt have held up the vote. The Mayor can not be allowed to continue to run the city like a DONALD TRUMP REALITY SHOW, we the citizen's need to find a pettion and have him Recalled and YELL OUT THAT FAMOUS QUOTE OF THE SHOW YOU'RE FIRED!

rescue me

Some of us have a lot more knowledge about this situation than you think.

You fail to understand what "at will" means, don't you?

The mayor can, indeed, fire any at-will employee AT HIS WILL. No just cause needed. As I said, the only thing he cannot do is fire somebody for an UNJUST cause.

To Wit:

"Employment

At Will

In Ohio, employees are presumed to be ?at will.? At-will employees may be terminated for any reason, so long as it?s not illegal. Generally, employees who work under an employment contract can only be terminated for reasons specified in the contract. However, in Ohio, the terms of termination can be changed if the parties? conduct shows a clear intent to impose different conditions. "

Please contact me via cell. The number is on my site or the recall site. Urgent matter.

Let's agree to disagree I have my opinion and you have yours.

rescue me

Section 69. Removals by the Mayor.

The Mayor's staff, all Directors and Commissioners of City departments and all chief administrative officers of any other City agencies shall serve at the pleasure of the Mayor and may be removed at the will of the Mayor. The Mayor, for good cause, may remove any other officer or employee appointed by the Mayor, and before such officer or employee may be removed, the Mayor shall give such person a written statement of the reasons entertained for removal, and afford the individual time to be heard. A removal by the Mayor shall be final, subject to any applicable civil service provisions, ordinances or labor contracts.

http://www.amlegal.com/nxt/gateway.dll/Ohio/toledo/toledomunicipalcode?f=templates$fn=default.htm$3.0$vid=amlegal:toledo_oh

http://toledoohioneighborhoodconcerns.com/blog

I read your post and have to laugh!
60 Non Minority employees lose their jobs to make way for Mayor Ford's new Administration consisting of Family Members and Friends who are all African American and that's ok right?

On top of that some more positions were newly created that have never even existed in the City of Toledo before. Lets see, there were Liason's for each Dept Head of the City so the Mayor never had to speak to the Dept heads themselves.

These Liasons to the City Dept Heads each made more than the Mayor of Chicago.

All the Non Minority people who were terminated had to find other jobs and not one discrimination suit was filed. Because they were all "AT WILL" employees!
They have no recourse whatsoever. The difference is they were not ignorant and understand what AT WILL EMPLOYMENT means. Now we have the same situation in effect. The big difference is Carty actually gave these people a chance to perform their job functions before terminating them.

It is clear to me these employees were terminated because they can't get anything done which is called INCOMPETENCE!

The Mayor in my opinion is an idiot. I don't particulalry like the man. However, that doesn't mean he is wrong for getting rid of incompetent employees. They drag the entire City down and cost the Taxpayers a small fortune.

Carty is trying to bring this City back to life after nearly being economically destroyed by FORD.

The City was in great shape when FORD was handed the reigns and FORD drove it into the ground!

But hey let's elect FORD to be on the TPS School Board now maybe he'll do a better job at that.

The guy can'y even spell, but I am sure he'll do a better job at this right?

Employment in the City of Toledo is really quite simple, if you perform then you keep your job!

Quite Frankly I'm suprised these people lasted as long as they did. I would have fired them months before he did.

If I am not mistaken most of them are holdovers from the Ford Administration in the 1st place. They probably weren't even qualified for the job from the start.

I feel the same way about Dr. Patsy Scott also, she should have been canned a year before she was.

She was absolutely clueless on the Network Infrastructure of the City and how it worked but hey she was a Doctor right? I can think of a couple dozen people who could have performed her job for half the cost and actually made a difference!

It always amazes me how termination due to "Incompetence" gets converted into racism / discrimination lawsuits.

Your comments about Plantations and Masa/Slave are absolutely rediculous and ignorant in themselves.

I can tell that you are in fact ignorant just too make them in the 1st place.

Sorry if I am rambling on but I am just fed up with the pathetic discrimination card always being played here in Toledo.

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