8/16/1988 - Laserfiche WebLink

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Attorney Vitunac reported on a meeting held late yesterday in his offices attended by himself, Assistant County Attorney Sharon Brennan, Acting County Administrator William Collins and Alan Polackwich, a local attorney he retained for advice on this matter. After going over all the possibilities, it was the consensus of the group that we would be best advised to just go ahead and offer Mr. Balczun his 90 -days notice pay plus severance and any accrued vacation, and let him take the next step. If there is a lawsuit during the affirmative defense stage of the trial, we could raise the issues of estoppel and his actions concerning not signing the amendment to the contract. Otherwise, our other choice is to call him back for a meeting, perhaps next week, and say that we are proceeding as if he was grossly derelict in his duties by not getting that amendment signed. The recommendation of yesterday's meeting is to go ahead and offer him his money and be done with it. Pay him the 90 -days money plus his severance pay. Commissioner Bird asked if that would be in the form of an immediate payment or would that money be escrowed pending the outcome of his threatened lawsuit against the County. Attorney Vitunac advised that it would be a check to his law firm trust account saying this is the money we believe is due under his amended contract of 90 days notice. Commissioner Wheeler asked if that money would be held [n trust until this is settled, and Attorney Vitunac explained that would be between Mr. Balczun and his attorney. Commissioner Bird doubted that his attorney would hold it in trust unless we make it a stipulation. Attorney Vitunac felt he probably will get it somehow and use it to continue the lawsuit or he may quit. He didn't know what Mr. Balczun is going to do because we are not in communica- tion with him at all. L- 43 Boor 73 F., �F 473