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DISCUSSION RE FINAL CHECK TO CHARLES BALCZUN <br />Attorney Vitunac distributed the following copies of 3 <br />letters received from the law firm representing former County <br />Administrator Charles Balczun in regard to termination of his <br />employment: <br />RICHARD H. ADAMS. JR. <br />ROBERT W. ANTHONY <br />RICHARD D. CONNOR. JR. <br />THOMAS W. DICKSON <br />RUSSELL W. DIVINE <br />THEODORE D- ESTES <br />KELTON M. FARRIS <br />LADD H. FASSETT <br />KURT E. GROSMAN <br />SMATHERS, PLY -US, ADAMS, FASSETT & DIVI <br />PROFESSIONAL ASSOCIATION <br />ATTORNEYS AT LAW <br />940 HIGHLAND AVENUE <br />POST OFFICE BOX 3627 <br />ORLANDO. FLORIDA 02802 <br />(407) 422-8116 <br />TELECOPIER (407) 648-1044 <br />August 5, 1988 <br />Mr. Don C. Scurlock, Jr., Chairman <br />Board of County Commissioners of <br />Indian River County FEDERAL EXPRESS <br />1840 25th Street <br />Vero Beach, FL 32960 <br />Dear Chairman Scurlock: <br />This firm represents Charles P. Baiczun. <br />,-A, 'Wo <br />�gBB <br />aC'zo � v <br />atcI <br />C�ddll� <br />NETH Q.,)1WRON. JR. <br />C -FF <br />KELLER <br />ROBERT J. PLEUS. JR. <br />JAIMIE A. ROSS <br />BENJAMIN F. SMATHERS <br />DOUGLAS C. SPEARS <br />JOYCE R. ADAMS <br />It is Mr. Balczun's understanding that there is some <br />discussion that Indian River County is going to wrongfully and <br />improperly terminate his employment agreement. Under the terms <br />of his employment agreement, notice to terminate the agreement <br />must have been given to Mr. Balczun not less than 180 days prior <br />to September 30, 1988. Since no notice was given to Mr. Balczun <br />within this period of time, the contract has automatically be <br />extended for an additional one year period. <br />It is my understanding that in February, 1988, the County <br />Commission discussed the possibility of attempting to amend the <br />notice provisions in Mr. Balczun's employment agreement. <br />However, such an amendment was never executed or agreed to by <br />Mr. Balczun. Further, there was no consideration offered for <br />such an amendment. <br />Mr. Balczun has requested that all negotiations concerning <br />his employment occur directly through this firm. Accordingly, <br />he will not enter into direct discussions with you or other <br />representatives of the Count•, on this issue except through this <br />firm. If you have any questions regarding Mr. Balczun's position <br />or legal interpretation concerning this employment agreement, <br />please do not hesitate to contact me. I am sending a copy of <br />this letter to Charles P. Vitunac, a County attorney, so that he <br />will be fully advised as to our client's position. <br />LHF:jae <br />cc: Mr. Charles P. Vitunac <br />40 <br />Sincerely, <br />Ladd H. Fasse <br />Boos 73 470 <br />