01/23/2007 (3) - Laserfiche WebLink

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Assistant County Attorney William Collins informed the Board that Executive Aide Kimberly Massung desired to invoke Section 9 of the Severance Provisions of her contract. Attorney Russ Petersen, representing Kim Massung referred the Board to the 12 -month Severance Estimate Spreadsheet (on file) which he handed out, then he reviewed each column. He informed the Board that there were issues of entitlement, namely: (1) deferred compensation over 12 -months (as part of her severance package), (2) whether she was entitled to be compensated for the 5 -months remaining on her contract, or (3) whether Mrs. Massung was limited to 12 -months severance only. He said rather than contest the issues through a declaratory action in court to determine the parties' respective rights under the contract, he and Attorney Collins recommended a compromise. Attorney Petersen suggested the 12 -month severance package (without deferred compensation), and pay one-half the balance on Mrs. Massung's contract (2-1/2 months) to include accruals of annual leave, sick leave and deferred compensation. Attorney Petersen further suggested the Board take this opportunity to end the contract for all subsequent employees who would fill this position. Attorney Collins mentioned that the numbers were preliminary, the package was taxable, and there could be no deferment. Commissioners Flescher, Davis and O'Bryan voiced their concerns and asked questions of Attorney Petersen for a better understanding of the contract and the resignation. Attorney Collins informed the Board that if the contract could not be terminated as requested, then it would be up to Mrs. Massung to resign, walk -away, or assert that she was resigning "under pressure" or "circumstances suggesting constructive discharge". There was a brief question and answer period between the Board and Attorney Collins regarding Mrs. Massung's severance package. January 23, 2007 32