Lynn Haven commission places City Manager Vicki Gaynor on paid administrative leave pending investigation

The Lynn Haven City Commission voted 4-1 on a motion Friday to place City Manager Vicki Gaynor on paid administrative leave while commissioners conduct individual interviews and review records related to allegations that surfaced in a deposition in Bay County case number 23-14O5CA, Phoenix Construction Services Inc. v. City of Lynn Haven.

The leave was approved after several commissioners said they wanted distance while the commission gathers more information. Commissioner Ward moved to put Gaynor on administrative leave with pay until the one-on-one interviews are completed and the commission holds a special meeting to decide next steps; Commissioner Tender seconded. The vote was Ward — yes; Tender — yes; Commissioner Parnot — yes; Commissioner Peebles — yes; Mayor Nelson — no. The motion passed.

The action followed public discussion of a deposition that was circulated broadly and questions from commissioners about whether to suspend, terminate or investigate Gaynor. The city attorney and the city’s insurance defense counsel, Chad Dunn of the Pennington Law Firm, advised caution about taking public or recorded actions that might prejudice the ongoing litigation. Dunn told the commission, “I would just caution you. You're under a lawsuit right now. There's allegations in the complaint … taking an action today are not gonna change, fix, or make the suit go away.”

Why it matters: the deposition and related public attention concern procurement and personnel decisions at the city and have prompted calls from some residents for immediate action and from legal counsel and others for a deliberate fact-gathering process. Commissioners agreed to hold one-on-one interviews with employees identified as having been present for the events described in the deposition, to gather relevant public records and to reconvene in a special meeting (discussed for the end of the week in the meeting) before taking any further personnel action.

What the motion does and next steps Commissioner Ward’s final motion, as amended, placed Gaynor on paid administrative leave effective immediately and specified that commissioners would conduct private one-on-one interviews with the identified employees. The city attorney said staff would provide relevant documents for those interviews and that attorneys (city counsel and defense counsel) should attend the interviews. Commissioners discussed scheduling the interviews Wednesday or Thursday and holding a special commission meeting on Friday immediately before a previously scheduled budget workshop. Commissioners also discussed allowing Human Resources or a third-party investigator to review records and interview witnesses; the commission did not adopt a single outside-investigator mandate during the meeting but directed staff to assemble records and make employees available.

Legal status of the underlying case The lawsuit named in the meeting is Bay County case number 23-14O5CA, Phoenix Construction Services Inc. v. City of Lynn Haven. City counsel reported the city was served in February and that the city’s insurer-assigned firm has filed motions to dismiss the complaint; a current motion to dismiss is pending. Defense counsel said the plaintiff has filed amended complaints and that timing for depositions and discovery depends on the court’s handling of those pleadings. Defense counsel advised the commission that public statements or actions tied to specific allegations could risk waiving privileges or prejudicing the city’s litigation position.

Public comment and community response Public comment at the meeting was sharply divided. Some speakers urged immediate action and urged removal of Gaynor; others questioned motives and warned that race and politics were factors in calls for removal. Beck Detwiler told the commission, “this lawsuit isn't just against the city. Vicki Gaynor is also named plaintiff.” A commenter who identified himself as James Finch alleged procurement irregularities and cited specific contract figures; those claims were presented as citizen allegations and were attributed to the speaker. Multiple speakers urged a full review of procurement records and suggested a third-party procurement audit. One attendee said she had contacted the Florida Department of Law Enforcement and that investigation was “under review,” and others cited past federal investigations and immunity for at least one witness in an unrelated federal matter; those references were raised during public comment and attributed to those speakers.

City manager response City Manager Vicki Gaynor addressed the commission during public comment, saying she had endured years of public hostility and denying wrongdoing. “How many of you can do a job with your hands tied behind your back? That's what I've had to do for 6 and a half years,” Gaynor said. She stated that the city's finances and debt position had improved during her tenure and added she had not taken city funds for personal use.

Process, confidentiality and records City counsel advised that if the commission conducts interviews or a formal investigation, some records and interview contents may be exempt from public disclosure until the investigation concludes. The commission discussed whether interviews conducted privately by individual commissioners would create legal exposure; the city attorney said she could attend interviews to observe and recommended counsel and defense counsel also attend. Commissioners asked staff and Human Resources to prepare relevant documents for the interviews.

Vote and formal outcome The motion to place Gaynor on paid administrative leave and to proceed with interviews and a follow-up special meeting passed 4-1. The commission recorded that the leave did not imply guilt or innocence and that the process was intended to gather information before any further personnel decision.

What was not decided The commission did not terminate the city manager, nor did it order a single third-party investigator or external interim manager during the meeting. Commissioners discussed but did not adopt immediate termination or unpaid suspension. Some commissioners said they would consider requesting an interim city manager from the Florida League of Cities while Gaynor is on leave; others said the assistant city manager could serve.

For now, Gaynor remains an employee on administrative leave with pay while the commission pursues one-on-one interviews, document review and a follow-up meeting to determine any additional action.