Coral Gables Historical Archive
The Times
Saturday, May 22, 1976, page 14 (of 28)
The page
The text of this pageRead by computer from the scan, so some words may be wrong. The page picture is the original.
Judge sides with city in personnel director firing
From Page 1 procedure and due process. "Further action will be taken," he warned. Burton said he was "glad that the judge recognized that most of the charges against Small were groundless," but disappointed that the judge did not see that "firing a man and then giving him a hearing cannot take away from the element of hasty firing." City Attorney Robert Zahner said the judge's decision did not come as a surprise. "I don't see how an appeal could change anything," Zahner said. "The judge held correctly that we followed the provisions of our charter. The judge found that we had done everything that was proper. Dwight Small got a fair hearing. "This was a somewhat difficult case," Zahner said. "I'm glad it's finished." Stettin's five-page written opinion summarized the facts of the case, Small's conversation with Gainer and his subsequent dismissal. Though he doesn't quote case law, a standard process, Stettin does quote the Gables city charter and finds "the city manager discharged Mr. Small pursuant to the provisions of... the charter." The judge said Small was given a hearing before Gainer's decision to fire him was effective, though after Gainer had notified Small of that decision. "A hearing was held where Small was given an opportunity to confront his accusers and to present testimony in his own behalf," Stettin wrote. "In all events, any error claimed by Small would be harmless in this case since he was given a full and fair hearing before any action taken by the City Manager became effective." Stettin ruled that the evidence against Small, "reflects that (he) engaged in sexual activity with a female employe of the city on city property during city working hours. This was certainly not conducive to efficient city service. "In addition," Stettin ruled, "the city manager laid stress upon the fact that Small held a responsible, sensitive position... "Based upon the foregoing, the city manager felt Mr. Small's usefulness to him and his faith and trust in Mr. Small's ability to carry out his functions was destroyed."
Firemen compete in games
Coral Gables firefighters are participating this month in the statewide Firefighters' Olympics. Some of the competitions have already been held, but the track and field events will be going on this Saturday and Sunday, May 22 and 23 at the track at Miami Dade Community College South. Spectators are welcome. Firefighters participating in track and field include Larry Brooks, Lloyd Long, Don Bender, Paul Kilcoyne, Ken Crouch, Tim Daniels, Neil Grey, Richard Cook, Rick Waldie, Bruce Rutledge, J. Swanko, Ed Pulaski and Art Requate. Upcoming events, set for May 27 to 30 include rope climb, golf, pool, 10-man tug of war, horseshoes and ping pong. The Gables Firefighters have already placed fifth in basketball and softball and with two teams, third and fourth in volleyball. Rick Waldie placed fourth in weightlifting. Other firefighters from the Gables department who are participating in the Olympics include: Wayne Lough, Mark Techau, Jerry Bortoff, Julian Ingram, Bill Woods, Joe Attwood, Phil Sistik, Ed Moyer, Cliff Smith, Jerry Kirk, John Kentala, L.E. Brockett, Bill Napier, Joe Shewchuk, Vince Paris, Kevin McCulluogh, Bill Bennett, Richard Chicvera, George Dickenson, Dan Williams and John Knickerbocker.
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