City employees demoted and required to attend ethics training after internal investigation

Placed on paid leave, demoted and forced to attend ethics training; it’s what happened to three City of Sarasota employees who were disciplined after they violated city policies during an art procurement process for the State Street Garage and a gap in the city’s ethics policy was addressed.

The employees were disciplined for violation of City of Sarasota ethics and conflict of interest policies after an internal investigation by their supervisors, according to city officials. They have 10 business days to appeal the disciplinary action.

An appeal would be considered by the City Manager, Tom Barwin, and/or Deputy City Manager Marlon Brown, according to the city’s release on the incident.

Mark Lyons, who works in the city’s Planning Department, was demoted from general manager to manager, is prohibited from participating in procurement process and and must attend mandatory ethics training within 60 days as a result of the investigation, according to city officials. He has been with the city for nearly six years.

Dr. Clifford Smith, hired by the city more than 10 years ago, also works in the city’s Planning Department and was similarly demoted from senior planner to planner and must attend mandatory ethics training within 60 days, according to officials.

David Smith, no relation to Clifford, was also demoted from general manager to chief planner and must attend mandatory ethics training within 60 days, according to the city. David has been with the city since 1999.

All three were placed on paid leave while the Human Resources Department and Office of the City Attorney investigated. Clifford Smith and David Smith returned to work Monday, and Lyons is scheduled to return Tuesday, according to city officials.

In addition, all city employees will be required to undergo biennial ethics and conflict of interest training, according to the release.

The internal investigation found that Lyons did not properly disclose his familial relationship with the artist, his son-in-law, selected by the Public Art Committee. David Smith and Clifford Smith were aware of the family ties and did not report them, according to city officials.

The PAC committee members came to a deadlock on two artists during an April 12 meeting, and Lyons’ son-in-law was recommended for the project after Lyons addressed the PAC about the project and the competing proposals, according to the release.

City employees sign a conflict of interest statement when they are hired.

“All employees have a responsibility to inform their supervisor or upper management about any possible conflict of interest. Anything less is unacceptable,” Tim Litchet, Neighborhood & Development Services Director and Department Head overseeing David Smith and Clifford Smith at the time, said.

The investigation also revealed a gap in the city’s ethics policy and it “will be corrected,” according to officials.

The public art procurement process was the only one in the city that did not require an interest disclosure form, according to the release. It was previously considered a “separate and unique process,” but disclosure forms will now become a part of the process.

City administrators will consider how to proceed with the PAC’s recommendation and will provide options to the City Commission during the Monday, June 5, 2017 meeting, the release stated.

This story was originally published May 8, 2017 at 11:26 PM with the headline "City employees demoted and required to attend ethics training after internal investigation."