Justin Stankiewicz was fired back in December as Nassau County’s Office of Management and Budget director via a terse 45-word letter from acting County Manager Michael Mullin, the stated reason $1,000 in missing county cash.
Now Stankiewicz has filed a grievance complaint saying his termination was retaliation for not following Mullin’s orders to destroy county officials’ text messages being sought by a developer’s attorney.
The Dec. 28 termination came after an audit uncovered missing emergency petty cash, Mullin said. But Stankiewicz’s Jan. 7 grievance letter says differently.
“I specifically inquired as to the reason for my termination, asking if this is related to the $1,000 investigation and you stated that it is not and that is a separate matter,” Stankiewicz’ letter says. ”... You directed me to delete these messages, which is a direct violation of Chapter 119, Florida Statutes. Furthermore, you stated that you have already deleted your text messages which in addition to a violation of law, is a violation of (county) Code of Conduct.”
But a Tallahassee law firm that reviewed the grievance at the county’s request told Mullin in a Jan. 31 letter that the former county management director “does not have a grievance procedure available to him,” adding there was sufficient basis to support his termination.
“There is no evidence that Mr. Stankiewicz’s termination was the result of retaliation or disparate treatment,” the law firm’s conclusion states. “There is no evidence to support Mr. Stankiewicz’s allegations that on Nov. 6, 2018, he was told to delete text messages or otherwise destroy public records.”
Tuesday, Mullin also reiterated to the Times-Union that it was not retaliation.
“It is categorically untrue, underlined twice,” Mullin said. ”... I realized there is no trust. He had done a good job until then and that’s what led to the determination. When he filed the grievance, he said he was told by me to destroy public records. What he said was completely untrue.”
The issue began in late 2017 when Stankiewicz was asked where $1,000 set aside to feed firefighters and deputies handling a Bryceville wildfire was, Mullin said. Stankiewicz said he had the money when asked three times over a few weeks, ultimately saying it was in a safe in the county’s emergency operations center, Mullin said.
“He sent a two-page memo two days later that said basically ‘I didn’t take the money, but since it was under my control I will repay it,’ ” Mullin said. ”... I asked him when was the last time he checked and was told ‘I can’t remember.’ ”
Stankiewicz’s grievance letter backs that up, saying he told Mullin on Nov. 2 that he would pay it “since I was the custodian of the funds,” and not at fault for its disappearance. No disciplinary action was discussed “and the issue was resolved,” Stankiewicz wrote.
Mullin said Stankiewicz’s responses to his questions made “no sense to me,” so he asked the Sheriff’s Office to investigate, then put Stankiewicz on administrative leave. But Mullin said Stankiewicz called him four times as he was at the Sheriff’s Office. Mullin said he answered the last call, where Stankiewicz asked that if he “admitted to taking the money, could I still have a job?” Mullin said that was “inappropriate” and told the Sheriff’s Office.
Mullin said he also refused a severance package because did not have “100 percent” trust in the 33-year-old man anymore.
“Do I think it is unfortunate? Yes, I do. But we owe it to the public’s trust to make sure,” Mullin said.
Stankiewicz wrote that problems began with a Nov. 6 meeting with county officials about a development proposed by a subsidiary of Rayonier Inc. The Gunster law firm had made a public records request for text messages on its client’s development, 38 pages of them in the grievance. Stankiewicz said he was asked to delete those from his cellphone, Mullin adding he had already deleted his own.
Stankiewicz said he asked Mullin to confirm that request to delete text messages that are public record, and that was confirmed. After this meeting, Stankiewicz said Mullin’s attitude changed.
“I was not included in any other meetings or conversations regarding the response to [Gunster’s] public records request, you did not obtain the messages that I told you that I had in response to [its] request and I was not copied on the county’s response,” the grievance states. “I was told by staff that you reported to [Gunster] that no text messages exist.”
Again, Mullin said that never happened, and he has confirmed that with others in that meeting.
“I would never ask anyone to destroy what are public records,” he said.
Stankiewicz closes the grievance letter by saying he went to the human resources director for guidance and was told “there was merit to my claim,” adding he wants reinstatement at the same annual $116,000-plus salary or a mutually agreed-upon separation agreement.
Mullin said the county asked the law firm that handles its labor law as well as the Tallahassee law firm for opinions and was told the county’s personnel policy does not accord a grievance hearing and Stankiewicz is not entitled to one.
“I happen to agree with it based on the personnel department,” Mullin said. “Any other steps would be up to him.”
Dan Scanlan: (904) 359-4549
