Investigation: Commissioner Matlow didn't create hostile workplace for Blueprint official
An outside law firm found no evidence that City Commissioner Jeremy Matlow created a hostile work environment in his criticisms of top Blueprint official Ben Pingree, who alleged "textbook harassment" in what became a very public spat.
But Fisher & Phillips, a national labor and employment law firm that investigated Pingree's complaint, recommended training for all commissioners and Blueprint staff on managing relationships, conflict and communicating effectively.
An 18-page report by the firm, completed Dec. 29 and obtained by the Tallahassee Democrat through a public records request, pointed to the need for training of all commissioners due to "the intensity of the dialogue" at Board meetings. It also called for a "mediated discussion" between Pingree and Matlow to create "mutually respectful conversations and interactions moving forward."
In all, the city paid F&P more than $14,000 to conduct the investigation in October and November.
The back story:
Pingree serves as director of Tallahassee/Leon County Planning, Land Management & Community Enhancement, or PLACE, which oversees the Blueprint sales-tax program. In June, he complained to City Manager Reese Goad about a series of exchanges he had with Matlow during a virtual Blueprint briefing in May.
The complaint said Matlow sought to exclude Pingree from giving staff briefings, denounced him on social media and purportedly said he wouldn’t hire him “to make a pizza.” Also included in the complaint were concerns over social media posts by Matlow that were negative about Blueprint.
F&P found no evidence that Matlow engaged in conduct deemed as harassment, that he created a hostile work environment or that he interfered with Pingree’s ability to perform his job. The firm found inconsistent accounts about whether Matlow said he would not hire Pingree to make a pizza.
“Indeed, the statements and actions of Mr. Matlow at issue in the complaint, while indeed subjectively offensive to Mr. Pingree because it concerns his reputation and his work, do not rise to the level of being objectively offensive or sufficiently pervasive or severe to create hostile work conditions,” the report says.
Investigators also wrote that, “In addition to not being hostile, the statements and actions were also not aversive, threatening or coercive.”
'A hostile attitude towards democratic oversight'
Matlow responded to the findings in a statement via text by suggesting the complaint was the result of "valid criticism" of Blueprint action on Welaunee, which he called a "developer giveaway," and the more recent $27 million appropriation for Florida State's football stadium. He said "attacking" officials over such criticism is "wrong" and that the community is owed an apology.
“For years we’ve been sounding the alarm — this $1 billion agency is recklessly spending local sales tax dollars with little accountability and no policies in place to protect the public interest,” Matlow wrote. “Blueprint’s executive leadership has long demonstrated a hostile attitude towards democratic oversight. Now they have abused the public trust for a political vendetta."
Back story:
The report did note that Matlow's communication style created a fractured relationship with Pingree and contributed to an environment that the PLACE director found "challenging and counterproductive."
Pingree said in a text he was disappointed that the "clear facts" of what happened led to the report's findings.
"But I’m focused upon the important work at hand," Pingree said. "I have total confidence in Manager Goad and Administrator Long and their executive leadership of the city/county organization I serve,” he said. “I will continue to lead the department of PLACE team with full professionalism, resilience and integrity focusing every day upon goal achievement and maximized efficiency.”
'No inappropriate, unprofessional or more significant behavior'
The firm interviewed a dozen people, including Matlow, Pingree, Goad, Leon County Administrator Vince Long, Matlow’s aide, Ryan Ray, Blueprint Director Autumn Calder as well as other top officials who were either on the virtual briefing or had knowledge of it.
A summary of the findings showed that from a staff perspective, although not unanimous, “the overall consensus was that generally there was no inappropriate, unprofessional or more significant behavior observed between Mr. Matlow and Mr. Pingree.”
Witnesses described the briefing as tense but not unprofessional, adversarial, loud, rude or inappropriate. They also said the request to have someone other than Pingree provide commissioner briefings was “problematic” due to the direction in the interlocal agreement that he do so.
Pingree told the law firm that Matlow was cordial after he was first elected in 2018 but that their relationship soured over the next year. He complained that when Matlow publicly called his work a "sham" in September 2019, it amounted to a “vilification” of staff and public officials. That continued after the May 25 briefing that led to the complaint, Pingree said during his interview.
“Pingree claims that the harassment and bullying has continued through Mr. Matlow hosting townhall meetings on ethics after making comments suggesting there is something unethical about Blueprint; posting campaign videos referring to fixing Blueprint; using “proxies” (members of the public) to speak out against Blueprint at IA Board meetings and to publish negative articles about Blueprint in public places,” the report says.
Matlow told investigators he believed Pingree “tries to control briefings, provides biased information and prevents (either directly or indirectly) other staff members from sharing information” in a way designed to favor a particular outcome.
The commissioner said his interactions with Pingree are few and far between and only occur during briefings or public meetings. He also denied making the pizza putdown.
“Mr. Matlow does not deny that he has been a consistent critic of Blueprint,” the report says. “He says it has always been about the agency as a whole, project ranking and priorities, and how it operates. He also does not deny that he has expressed concern about Mr. Pingree on Facebook but states that the criticisms are directed at the work and their ability to deliver; none were intended to be personal regarding Mr. Pingree.”
Contact Karl Etters at [email protected] or @KarlEtters on Twitter.
Never miss a story: Subscribe to the Tallahassee Democrat using the link at the top of the page.
This article originally appeared on Tallahassee Democrat: Investigation: Tallahassee Commissioner didn't create hostile workplace