Cocoa Beach manager survives 'no-confidence' vote; 2nd investigation coming on police chief
After a public show of support by roughly 40 employees from various departments, the Cocoa Beach City Commission defeated a "no-confidence" vote in City Manager Robin Hayes' job performance by a 3-2 margin.
And next, Hayes said the city will launch a second, attorney-led investigation into allegations that Police Chief Scott Rosenfeld — who remains on paid administrative leave — created an "intimidating, hostile, or abusive" work environment in his department.
"She and I have shared some pretty heavy conversations about leadership, about doing the right thing. And doing the right thing is hard," Deputy Police Chief Wes Mullins told commissioners, praising Hayes from the public-comment podium during Thursday's regular meeting.
"It's easy to say what you want to say on social media without knowing the facts. She knows the facts," said Mullins, who has logged 22 years on Cocoa Beach's police force.
More: 'Bullying and toxicity': Cocoa Beach police chief led hostile workplace, investigators say
More: Cocoa Beach City Manager Hayes faces 'no-confidence' vote at City Commission meeting
Commissioner Skip Williams introduced the unsuccessful no-confidence vote in Hayes' job performance. Mayor Ben Malik, Vice Mayor Keith Capizzi and Jeremy Hutcherson supported Hayes by voting no, while Williams and Karalyn Woulas voted yes. The 3-plus-hour meeting attracted a standing-room crowd to the Cocoa Beach Country Club.
The group of city employees backing Hayes stood side-by-side in solidarity during discussion of her leadership since she started in January 2022. Speakers praising her included Police Detective Sgt. Thomas Cooper, Fire Chief Ryan Duckworth, Deputy Fire Chief Justin Grimes, Water Reclamation Director Brad Kalsow, Chief Financial Officer Patrisha Draycott, and Melissa Byron, retired director of marketing and economic development.
"To even say 'thrilled' probably doesn't touch it. Overwhelmed. And honored," Hayes said after the meeting after greeting and hugging a procession of well-wishers.
"Truly humbled that they all would be willing to speak up and support," she said.
Thursday's discussion occurred amid the backdrop of allegations that Rosenfeld made vulgar and sexist remarks while managing the police department. He has been on paid administrative leave since Feb. 17, and his annual salary is $113,352.
A Melbourne employment advisory firm interviewed a couple dozen police and fire department employees from January to April, then summarized its findings.
"After interviewing Chief and Chief’s direct staff, it was observed by the interviewers that Chief’s loud, distracting and unprofessional conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive," investigative documents said.
Next, according to a proposed scope of services, the statewide firm DSK Law will conduct a formal investigation into allegations of inappropriate conduct against Rosenfeld and make disciplinary recommendations. Interviews of witnesses and Rosenfeld will be conducted under oath and audio-recorded.
Hayes said there is no estimated timeline of completion. Mullins said Hayes did not initiate the original investigation.
Why contract with DSK Law for a second, formal investigation? Jeff Mandel, the city's labor attorney, told commissioners the city has state and federal legal obligation to investigate allegations of harassment, discrimination and a hostile work environment.
Mandel said the initial human-resources investigation was launched after Rosenfeld raised issues with respect to the police communication center, which answers 911 and non-emergency calls from residents.
"What ended up happening in the course of that investigation: Allegations were raised against the chief," Mandel told commissioners.
But Mandel said the firm ended up producing investigative reports that were "a disappointing result."
"It wasn't the result that any of us sought. We expected, from our conversations with them, that we were going to get something that was going to be solid, that was going to have facts. And that we would make sure that at the end of the day, when we made a decision — whatever that decision is — that we could turn around and say, 'Here are the facts. And this is why we're doing what we're doing,' " Mandel said.
"Unfortunately, that's not what happened," he said.
Williams, who introduced the no-confidence vote, said he does not rely on social media to form opinions. Explaining his lack of confidence in Hayes, he cited the departure of former project manager Rob Strong, a 19½-year city employee. According to a Jan. 18 letter from Hayes, funding for Strong's position "will be reallocated moving forward." Strong wrote a letter to commissioners saying he received four weeks of severance pay in exchange for his resignation.
Woulas cited Hayes' handling of the first Rosenfeld investigation for her no-confidence vote. However, Malik labeled the no-confidence vote "absurd" and supported Hayes. Capizzi said Hayes is getting things done on the job, and investigation of the police allegations needs to be completed.
Former mayor Tim Tumulty and former commissioner Mike Miller also spoke in support of Hayes.
Mary Turner worked 11 years as executive assistant to a series of six Cocoa Beach city managers, retiring in April. She praised Hayes from the public-comment podium, saying "she lives and breathes city government" and is ethical and fair.
"When Mrs. Hayes was hired, she inherited a plethora of issues that several prior city managers did not want to address. Robin addressed these issues, meeting with each department and their directors. They worked as a team, studied their departments, finding ways to solving problems," Turner said.
Rick Neale is the South Brevard Watchdog Reporter at FLORIDA TODAY (for more of his stories, click here.) Contact Neale at 321-242-3638 or rneale@floridatoday.com. Twitter: @RickNeale1
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This article originally appeared on Florida Today: Cocoa Beach City Manager Robin Hayes survives 'no-confidence' vote
