Key West The Newspaper - February 18, 2000

Why the "Clayton Incident" Is Not About Clayton

HERE'S A HISTORY LESSON FOR "CONSULTANT" CLAYTON. WOULD AVAEL PLOT TO DISCREDIT A CITY OFFICIAL? LET'S LOOK AT THE RECORD.

by Dennis Reeves Cooper

Did you catch the fawning interview with "motivational trainer" Paul Clayton in Solares Hill last week?

An editor's note ballyhooed the interview as Clayton's first public statement since his now-famous incident at the home of City Commissioner Tom Oosterhoudt last December. Clayton, as a City-paid consultant working directly for City Manager Julio Avael, reportedly warned Oosterhoudt that, unless he became more of a "team player", he would be isolated from City Staff and the other Commissioners and become a one-term Commissioner.

Key West The Newspaper was, apparently, the first to interview Clayton shortly after the incident. He told us that he went to see Oosterhoudt wearing both his Trust In Government Committee and Gay Liaison hats— hats that he's paid by the City to wear. After the incident blew into a scandal, however, he changed his story. He now says he went to see Oosterhoudt as a "private citizen"— although he did admit that he reported back to Avael about the meeting. Why would a "private citizen" report back to the City Manager?

One of the things we did learn from the Solares Hill interview is just how absolutely wonderful Paul Clayton is— at least according to Paul Clayton. He says that he conducts seminars all "around the country", teaching people how to "empower" themselves. He says he makes lots and lots of money and that his $27,800 contract with the City is "cheap."

"I can make in a day elsewhere what I make in a month on my contract with the City," he was quoted as saying. Yeah, right, Paul. That may be a good pick-up line in a bar, but it doesn't fly with hard-working Key Westers who are really pissed off that Julio Avael continues to allow you to dip into our tax coffers.

In the interview, probably much to Avael's chagrin, Clayton did admit that he has used his City seminars to get City employees to sign petition cards to help a local politician get on the ballot. This is an interesting admission, because Avael told the City Commission on Jan. 25 that he didn't know anything about it.

But Key West The Newspaper had informed Avael of the allegations, in writing, a week or so earlier. It would be hard to believe that Avael wouldn't ask Clayton about something like this, especially if he thought he might be questioned about it by the Commission. Surely Avael's policy is that City employees should not politic on City time or on City property. Right?

Here's what we think. Of course Avael asked Clayton about it. And when he learned that the allegations were true, he had to fib when Oosterhoudt asked him about it at the Commission meeting.

The City employee who anonymously reported the petition card allegation said he went along with Clayton's request to sign the card— even though he didn't know anything about the politician in question— because he didn't want Clayton to think he wasn't a "team player."

Clayton says he didn't bill the City for the time it took to pass out the cards, promote the candidate and collect the cards. That's good. If you believe it. But those employees sitting in that room were certainly on the City time clock. In essence, that time was stolen and used for something other than City business. But that's apparently okay with City Manager Julio Avael.

But as we have told you before, the Clayton Incident isn't really about Clayton. It's about Avael. Avael, Clayton and Solares Hill would like you to believe that the incident is a tiny tempest in a very small teapot. But it's not. In fact, we believe that it may have been part of an orchestrated effort by Avael to discredit Oosterhoudt— a known enemy of Avael on the Commission— and ensure that he becomes a one-term Commissioner.

Avael, of course, will publicly scoff at this suggestion. "I wouldn't do anything like that," he will say piously. But the fact is that he did do something like that— in 1997 when he systematically discredited former Police Chief Ray Peterson and, ultimately, forced one of the most popular police chiefs in the history of the City to retire! Virtually no one who was here to witness that outrage believes that Avael acted honorably.

Clayton says he "wasn't around" then— although he claims to have lived here for 13 years. But he still blindly defends what Avael did to Peterson.

If you've been in town since 1996, bear with us for a moment while we give Clayton a little history lesson. (Hey, Paul. Clip this and put it in your dossier on Avael.)

First of all, even though Avael won't admit it, most of us know that he had to agree in advance to get rid of Peterson in order to get the job of City Manager here. Mayor Dennis Wardlow blamed Peterson for calling in the FBI to investigate corruption in City government, an investigation that resulted in the Mayor being indicted on bribery charges.

Wardlow was subsequently acquitted, but then the State Ethics Commission nailed him on influence peddling charges. He was fined $12,900 and given a public reprimand.

We reported our suspicions about a possible pre-employment deal in June 1996, even before Avael moved into his new office at City Hall. In May 1997, another candidate for the City Manager job confirmed our suspicians when he told us that he was asked if he would fire Peterson if he got the job.

"When City Manager Felix Cooper announced that he would be retiring, I went to talk to the Mayor and some of the Commissioners," said former City engineering executive Paul Mitchell. "Mayor Wardlow asked me straight out if I would be willing to fire Chief Peterson if I got the job. I told him I would not feel comfortable firing him without cause.

"It was clear that firing Peterson was Wardlow's primary objective."

Former City Manager Felix Cooper also told us in April 1997 that Mayor Wardlow and others repeatedly "leaned" on him to find reasons to fire Peterson.

"I resisted that pressure because I thought Peterson was a fine Chief," Cooper said.

In any event, Clayton and other readers may be surprised to learn that Avael was not the Commission's first choice to replace Cooper. We reported here in May 1996 that Mayor Wardlow and Commissioners Harry Bethel and Percy Curry wanted to promote Assistant City Manager Paul Cates. Commissioners Jimmy Weekley, Sally Lewis and Carmen Turner were leaning toward Kathi Rice, Assistant City Manager up in Clearwater.

Commissioner Merili McCoy was the swing vote. She alone wanted Avael. And here's how she pulled it off:

When a vote was called to name Cates to the job, McCoy voted "no." That gave Cates only three votes, one short of victory.

Then McCoy quickly nominated Avael. Wardlow, Bethel and Curry had no intention of allowing Weekley to choose the next City Manager, so they were literally forced to go along with McCoy.

"At least he's a Conch," they rationalized. Avael is a Key West native and a graduate of Key West High School.

But Avael came with baggage. In January 1993, when he was County Administrator up in Lee County, County Commissioners gave him a choice: Get fired or take a demotion. He accepted the demotion.

After Avael was demoted, the Ft. Myers News-Press editorialized: "Now that two members of last year's special interest troika are out of office (County Commissioners), along with their hand-picked hatchetman (Avael), County government has a chance to move forward . . . Lee County's name has been dragged through the mud for too long now by public officials engaging in questionable dealings that benefited special interests."

In July 1996, three days before Avael officially took over as Key West City Manager, he swore to KWTN writer Mike Smith, "I'm no hatchetman!"

But just three months later, rumors began to circulate that Avael had offered Peterson a retirement deal he wouldn't be able to refuse. But if there was ever a deal, it quickly fell apart. Peterson said he had no plans to retire.

So Avael got busy. If he couldn't force Peterson to leave, he knew he would be in trouble with the Mayor and other Commissioners to whom he had given a get-Peterson commitment.

In early March 1997, Avael unveiled a hand-drawn chart he said illustrated some of the "administrative problems" he had observed in the Police Dept. Primarily, Avael seemed concerned about who reported to whom.

A few days later, however, Avael abruptly suspended Peterson with pay, pending an investigation of unnamed "problems" within the Police Dept.

Enter Tom Oosterhoudt.

"I was outraged when I saw this happening," Oosterhoudt said. "And it seemed that everybody I talked to was outraged. Ray Peterson was one of the best Chiefs we ever had. I couldn't just stand by and allow Avael to get away with this politically-motivated travesty."

Hundreds of citizens turned out at protest rallies organized by Oosterhoudt. Activists Ray and May Chote conducted a "thumbs-up, thumbs-down" campaign on Roosevelt Boulevard at the entrance to the island.

"By far, most people supported Chief Peterson," reported the Chotes.

On the other hand, the police union, the Police Benevolent Association, backed Avael. When we asked for a list of names of the cops who had voted to betray their Chief, we didn't get a response. This is the same PBA chapter that would soon be put on probation by the state organization for "checkbook irregularities." This is the same PBA that would endorse Michael Ritchie for the City Commission in 1999.

On April 10, 1997, Avael unveiled his now-infamous "Blue Book" of charges against Peterson. If it hadn't been such a serious matter, this amateurish and deceitful effort would have been laughable. Most of the charges had no merit at all. And those that may have had some substance certainly would not warrant the firing of a popular Police Chief with an excellent record.

Avael's desperate strategy was obvious. Charge Peterson with anything. Anything. Substance was of absolutely no consequence. It was classic in-your-face Bubbaism. Make the charges, have some kind of hearing, and fire the man. The deed would be done. And everybody would soon forget all about it.

How could Avael get away with this? Because he had the backing of the Mayor and three City Commissioners: Wardlow, Bethel, Curry and McCoy. They were forced to show their colors at a special Commission meeting on July 3, 1997. All four voted to support Avael if he wanted to demote Peterson.

Let's look at a few of the "charges" in Avael's Blue Book.

First of all, he cited the report by the so-called "Blue Ribbon Panel" that had taken a look at "problems" within the Police Dept. in 1995. Avael said that this report pointed to "managerial deficiencies" on the part of Peterson.

That was a lie. The major finding of that panel was that there was too much political interference in the Dept. by elected officials. And the cops were bitching about radio equipment.

"If they're claiming that officers who testified before that panel were complaining about Peterson, that's absolutely wrong," said former City Manager Cooper. "I sat through every one of those sessions. The big concern was communications equipment, not the Chief.

"So we bought new equipment and the Dept. now has a new communications room," he said.

Another "charge" blamed Peterson for "allowing" one of his officers to write a letter to the editor. We're not making this up.

Another charge was a whining protest by Police Capt. William McNeill that a reprimand he received from Peterson— after McNeill loudly and publicly cursed several of his officers— was "improper."

Another "charge" was that Peterson had written a "character reference" letter for a prominent gay businessman— a former Chamber of Commerce Man of the Year— accused of a "lewd" act. Everybody who was anybody in town had written similar letters. But Avael said the Chief of Police's letter was an example of "an attempt to gain popularity despite the character of the individual."

After an almost silly hearing conducted by a virtually clueless retired judge from Miami, it was Avael— not the judge— who ruled that Peterson had been found guilty.

If you were following this story back then, you probably remember the judge's bizarre "ruling": "If true, these charges would warrant dismissal." And the judge took his fee and got out of town as soon as possible.

Avael: "Close enough! Peterson is guilty!"

The City would now negotiate a settlement deal with Peterson and his attorney. This part would not go as well as Avael might have hoped.

Peterson's attorney was top-gun J. Allison DeFoor, former judge, former sheriff, former candidate for lieutenant governor. He whipped the City like a cur dog. Peterson retired at the full rank of Police Chief, with a sizable financial settlement and a pension. And— get this— a letter was placed in Peterson's personnel file that certified that all of those charges against him were "deemed unfounded"! Duh!

But Avael could have cared less about all of that. He didn't care what the settlement cost the City. And he didn't even care that he had to admit that all of those Blue Book charges were just a bunch of baloney. (Heck, we all knew that all along, didn't we?)

All he cared about was that he had accomplished the dirty work that he had promised he would accomplish. He had told them in advance that he would get rid of Peterson if they would make him City Manager. Done deal.

So, Julio, don't you— or your hired apologist— dare try to tell people in this town that you wouldn't stoop to organizing a back-room plot to try to get rid of Tom Oosterhoudt. Your record is clear.

Last year, Tom Oosterhoudt ran for City Commission as an anti-corruption, quality-of-life candidate. Chief Peterson came down from his home in Jupiter to walk door-to-door with the him.

"It was like campaigning with a movie star," Oosterhoudt said. "He still has tremendous support here. Everybody knows that he was terribly wronged."

Tom won by a landslide over a slate of formidable opponents.

Toward the end of last week's interview in Solares Hill, Clayton made a telling statement that reveals his lack of understanding about Key West politics: "I think the whole problem with him (Oosterhoudt) is that he hasn't made the transition from activist to Commissioner."

Paul, in this town, that's a plus, not a minus. Many of the voters voted for Oosterhoudt because he had the courage to stand up for Peterson against the forces of evil. The reason we liked him is because he's an activist. Why, then would we want him to change once he's in office?

If the Clayton Incident was part of a scheme to "get" Oosterhoudt, it blew up in the schemers' faces. Oosterhoudt is probably more popular now than he was when he was elected. If he ran for reelection tomorrow, it is likely that his margin of victory would be greater than it was in November.

Meanwhile, we would speculate that neither Avael nor Clayton could get elected to anything here.