Facebook post in question made by Councilmember Glover

City Staff initiated an investigation into the Facebook post.

Dear Councilmembers and City Manager:

I write regarding the referenced item on tomorrow's agenda. Completely aside from the content of the subject Facebook post, it appears clear that Councilmember Glover's single Facebook post did not violate, and he cannot be sanctioned for violating, the Administrative Order, i.e., the Respectful Workplace Conduct Policy ("the Policy").

The complaint, the investigation, and the recommendation found in the December 6, 2019 letter from attorney Timothy Davis, are all based on a single Facebook post by Councilmember Glover. However, the Policy makes clear in several places that the Policy is concerned only with repeated conduct. For example:

1. The initial explanation of the Policy defines the conduct being addressed as "repeated infliction of . . . social media abuse." (Emphasis added.)
2. The definition of "Disrespectful Conduct," which is the misconduct alleged against Councilmember Glover (compare the definition with the language used in the last paragraph on page 2 of Mr. Davis's 12/6/19 letter), expressly says " A single act shall not constitute disrespectful conduct unless especially severe and egregious." I think everyone can agree that the Facebook post was not "especially severe and egregious."
3. Similarly, the definition of "Abusive Conduct," which also seems to be included in the complaint against Councilmember Glover, expressly says, " A single act shall not constitute abusive conduct, unless especially severe and egregious."

Mr. Davis also alleges that Councilmember Glover's statement violated the Policy because it was "retaliatory." However, the Policy very clearly defines retaliation as conduct, "retaliatory action." See the definition of "Retaliation" in the Policy. Under the Policy, a mere statement cannot be a violation of the Policy's prohibition on retaliation.

I urge you to reject Mr. Davis's badly flawed analysis and findings, and to move on to more important business.

Thank you for your consideration,
Peter Gelblum