06/9/2009 (2) - Laserfiche WebLink

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Commissioner Solari explained why the process appears to be moving slowly, and why he felt it imperative that the citizens' representatives do what they can to ensure that the power of the State is not abused. Attorney Collins provided clarification on the rights and duties of both the Administrator and the County Commission for proceeding through the process. He spoke about the Administrator's employment agreement with the County, existing County policies, and the benefits set forth in the Indian River County Administrative Policy Manual. Attorney Collins revealed that the only disciplinary offense Administrator Baird could be charged with, under our disciplinary offenses in the manual, would be unlawful conduct either on or off the job; however, any discipline based on unlawful conduct under the policy manual would have to await an adjudication of the charges in County Court. He said that currently there is an alleged unlawful conduct, and until Administrator Baird has his day in Court, there is not an adjudication of unlawful conduct. He described the provision that allows for termination, the benefits he would receive if the contract were to be terminated, specifics about the drug-free workplace policy, and the fact that the contract was silent on suspension. Attorney Collins voiced concern with opening the discussion to the public, thinking that it would turn into a public forum to attack Administrator Baird. He said that in all likelihood, Administrator Baird's attorney had advised him to remain silent and not respond to comments until his case goes before the Court. People attacking him publicly, could create a public forum, damage his reputation at a time when he is not in a position to respond, and entitle him to a name clearing hearing that could linger several months. Chairman Davis felt comfortable with his abilities to keep the discussion on the issues of County policy and procedure. 27 June 9, 2009