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HomeMy WebLinkAbout5/29/1986SPECIAL CALL MEETING Thursday, May 29, 1986 The Board of County Commissioners of Indian River County, Florida, met in Special Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Thursday, May 29, 1986, at 9:00 o'clock A.M. Present were Don C. Scurlock, Jr., Chairman; Patrick B. Lyons, Vice Chairman; Richard N. Bird; Margaret C. Bowman; and William C. Wodtke, Jr. Also present were Michael J. Wright, County Administrator; Charles P. Vitunac, Attorney to the Board of County Commissioners; Joseph Baird, OMB Director; and Barbara Bonnah, Deputy Clerk. Chairman Scurlock opened the meeting and explained that this special meeting was called after having some lengthy discussions with Administrator Wright. He noted that we really have been happy with the great number of things, but recently some things started surfacing during conversations with the Administrator and other Commissioners. He had advised the Administrator that he would like to see some changes within a month's time and if they did not occur, he would like to schedule this type of meeting. Commissioner Scurlock originally planned to place this matter on next week's Agenda, but after talking with Administrator Wright yesterday and the day before, they agreed that it would be to the County's benefit to resolve this matter quickly in an appropriate manner that reflects positively both_on the Commission and Administrator Wright. Basically, what he intended to recommend to the Commission is to accept Michael Wright's resignation, and, in addition to his contractual requirement for severance pay, expand his severance pay for an additional 3 -month period beginning MAY 2 9 1986 BOOK 64 Fr�GE M r -MAY 2 9 1986 June 15, 1986. BOOK 64 FD,;E 582 He explained that the June 15th date is important with respect to the retirement program requirements. The question of health insurance is a legal question, and he believed the County Attorney could check to see whether or not and for how long the coverage can be continued before termination. At that point he felt the County would want to do the right thing. The Chairman realized that these parting of the ways are never easy, but saw no need to get into a situation where we cast any stones. He hoped that the Board would accept his recommendation to accept Mr. Wright's resignation and would approve the 3 additional months of severance pay which would give Mr. Wright sufficient relocation time to find another administrative position at the same level that he enjoys in Indian River County. He did not feel it was fair to force Mr. Wright into a position where he would feel he had to take the first job that came along. Chairman Scurlock advised that Administrator Wright has agreed to render his resignation under those terms. If the Board does not accept those terms, the only alternative is to consider our options under the contract, but he preferred not to do that. Commissioner Lyons clarified that if we were to terminate the County Administrator for cause, we would be obligated for about 6 months between the severance pay for the 4 years of service and the accrued vacation and sick leave. He understood that Chairman Scurlock is asking for 3 additional months in order to avoid the possibility of getting into a big to-do about whether the Administrator quits or we terminate his employment. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bowman, that the Board accept the resignation by County Administrator Michael Wright and agree to the payment of three additional months of severance pay over what normally would be coming from severance pay, sick and vacation leave. P1 Under discussion, Commissioner Bird stated he would not vote for the Motion, because he did not feel that Mr. Wright has done anything wrong and has seen no proof other than hearing some allegations and innuendos that he has done something wrong. He believed Mr. Wright has done a good job for the County and has put together a very strong management team and that the County is functioning at its smoothest even though we are experiencing tremendous growing pains. Further, the timing is very bad because we have so many major projects in the works and are getting ready to go into budget workshop sessions and need our team intact with as much experience on board as possible. He believed this is a very black day for Indian River County and if there were any personality conflicts with any individual Commissioners or if anyone felt uncomfortable with Mr. Wright's private investments, etc., those could have been worked out, because he did not see where that interferred with his job as County Administrator. Commissioner Bird noted that this morning's newspaper had written that Mr. Wright is pro development, but pointed out that he himself had friends who were developers, as did most of the other Commissioners. If that title was hung on him because it appears that our planning staff is expediting site plans and zoning approvals faster than they used to, that direction has come from this Board. It was not something Mr. Wright took on through his own initiative. Further, he understood that 9 month's severance pay would amount to $43,000, and, therefore, he would not vote to accept Mr. Wright's resignation and certainly would not vote to terminate him based on the information that has been presented up to this time. If some members of this Commission feel that the payment of $43,000 in severance pay is necessary to satisfy their conscience about what is going on here this morning, his conscience is clear and he was not voting to spend that kind of money. Commissioner Wodtke felt it was very difficult to serve as Commissioner in situations such as this, and noted that when 3 BOOK 64 FAGS 583 FI",- -7 SAY 2 9 1986 B00f( 6 4 5SA, Administrator Wright had asked to talk to him yesterday, it was the first time he became aware of a problem. He got a call yesterday afternoon when he was out on the golf course that this meeting was being called to accept Mr. Wright's resignation. He noted that this is the second time this kind of thing has occurred in this county, and perhaps we are going to create a reputation around the state for administrative turnover. Commissioner Wodtke understood that the Administrator's contract states that if we terminate him with cause, he is entitled to 120 days of severance pay for 4 years of service, but if we are offering him 9 months, that is quite a deviation. He reported that he went over to Mr. Wright's home last night and talked to him and knows that the Administrator wants out, but he cannot agree to give him 9 months severance pay. He did not feel we should cast stones so he intended to vote against the Motion. Commissioner Lyons emphasized that the question of being pro development was not raised by this Commission and the question of different philosophies was raised by Administrator Wright himself. Commissioner Lyons felt it is very difficult to get 100% cooperation from someone who is unhappy about his job and about his location, and believed that is the reason this has come to a head. Chairman Scurlock advised that he gave Mr. Wright his word yesterday that he would try to remain positive, but he sees some effort by at least two Commissioners for him to be very specific. Commissioner Wodtke interjected that he did not ask anyone to be specific, he merely made a comment. He noted that the Chairman had a long time to say something and he felt that he needed to say what he has. He was not asking anyone to cast any stones. Chairman Scurlock understood that he is hearing that there is some criticism in terms of not knowing what is going on, and if that is a problem as far as time spent here in this facility fulfilling the duties of a Commissioner, it certainly is not his problem. He stressed that he is trying to remain very positive, 0 but did not intend being the bad guy in this, if that is what is being suggested. Commissioner Wodtke stated that he had no intentions of making Chairman Scurlock the bad guy, he simply said what he felt was necessary to say. Commissioner Lyons understood that Commissioner Wodtke is saying that he would accept Administrator Wright's resignation, but not the 3 additional months of severance pay, but Commissioner Wodtke said he did not want to vote for acceptance of Mr. Wright's resignation, period. He felt that if we had a difference in philosophies we should work them out so that we can get on with serving the people in this county. He did not believe we should be getting rid of people every 3-4 years. Chairman Scurlock stressed that it is not a matter of just getting rid of people every 4 years, because if Commissioner Wodtke wanted to have some very specific situations, he certainly could provide them. In fact, he had a list of 37, but he would prefer not to have to do that. He felt that it was up to each Commissioner to talk with Mr. Wright, but because of the State's sunshine requirements, it is very difficult. He did not particularly want to go through that process because it would not benefit the County or Mr. Wright. He repeated that while Mr. Wright has done some very positive things for this County, he absolutely believed that the County has significant administration problems at this point in time. We do have some staff problems. Things are not functioning that smoothly, and we have some specific problems going into the budget process. Perhaps, if additional time was spent to find out what those are, they would be very clear, and maybe an agreement would be reached here at this meeting. Administrator Wright explained that his differences were mainly philosophical, and felt the Commissioners all agreed that he has done a good job. He pointed out that if the Board terminated him with cause, he is entitled to 120 days severance pay after 4 years, and he is simply asking for a compromise of an L_ MAY 2 9 1986 5 Boos 64 Fa,c 585 MAY 2 9 1996 BOOK 64 FaUC. 586 additional 3 months because he felt it would be in the best interests of the County for him to move on. Basically, he is asking for 9 -months severance pay. Attorney Vitunac understood that Mr. Wright is asking for 9 months plus any accrued sick and vacation time beginning June 15th, but Commissioner Lyons stated that was not his Motion and did not wish to change his Motion. He is proposing 4-1/2 months of severance pay, plus accrued vacation and sick leave, but Administrator Wright pointed out that works out to about 5 months. Commissioner Lyons let his Motion stand. Chairman Scurlock understood that beginning June 15, 1986, the total amount of severance pay would be based on 9 months from June 15th, including vacation and sick leave. Commissioner Lyons repeated that his Motion adds 3 months to whatever he would have received if we had terminated him for cause. His Motion stands. Chairman Scurlock stated that his recommendation is still that he be given the full 9 months because he believed it would be fair. In discussion on Commissioner Lyons/original Motion, Administrator Wright emphasized that it takes 9 months to get a job in this business, but Commissioner Lyons did not see it that way. He would give the equivalent of 4-1/2 months severance pay plus vacation plus accrued sick leave plus 3 months. Administrator Wright and Chairman Scurlock pointed out that it really amounts to a week short of 8 months, because Administrator Wright only has a total of 3 weeks accumulated sick and vacation time. Commissioner Lyons totalled it up as 4-1/2 months under this contract, plus 3 weeks vacation which makes it 5 months, plus the accrued sick leave, but Chairman Scurlock stated that Mr. Wright does not get paid for accrued sick leave. However, Commissioner Lyons stated that he had said that the County would pay him for [- his accrued sick leave. Commissioner Lyons understood that altogether it comes out to 9 months, and that the 3 months additional was to avoid the hassle. Administrator Wright understood that if the Board was saying that they would pay for all sick and all annual leave accrued to date plus 3 additional months, that would be fine, but Commissioner Lyons stressed that under his Motion the total is not to exceed 9 months. COMMISSIONERS LYONS AND BOWMAN AGREED TO AMEND THEIR MOTION ON THE FLOOR ACCORDINGLY. Chairman Scurlock asked if everyone understood the Motion and everyone indicated they did. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion carried by a vote of 3-2, Commissioners Bird and Wodtke dissenting. Chairman Scurlock recommended that Intergovernmental Relations Director Tommy Thomas be appointed as County Administrator on a interim basis until the position can be advertised and filled. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bowman, that the Board appoint L.S. "Tommy" Thomas to serve as County Administrator in the interim and until a replacement is hired. Under discussion, Commissioner Bird expressed concern over Mr. Thomas's present heavy work load and felt that while he was very qualified, he did not want to break him. 7 MAY 2 S 1986 BOOK 64 Fa,r 587 NAY 2 9-198U 64 Chairman Scurlock pointed out that Mr. Wright's policies in developing a team concept and delegating responsibilities will help the County to continue to run smoothly in the interim. Commissioner Wodtke understood that Sonny Dean, the Director of General Services, was the second in command in administration and would automatically assume the responsibilities of County Administrator in a situation such as this. Chairman Scurlock explained that was the case when C. B. Hardin was employed as Assistant County Administrator, but after he left, that position was not filled. Commissioner Lyons noted that we have the budget workshops coming up and believed that Mr. Thomas would be the most effective because of his overall knowledge of the county and finances, but felt we should find some way to spread out some of his other work in the meantime. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion • was voted on and carried unanimously. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously authorized the Personnel Dept. to set some minimum criteria for the position of County Administrator which is to be brought back to the Commissioners before it is advertised both in-house and state-wide. Commissioner Lyons wanted the Commission to consider whether or not we would want to write a contract when the position is filled, but Commissioner Wodtke pointed out that most likely no one would work in that position without a contract. 8 There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 9:30 o'clock A.M. ATTEST; Clerk 9 Chairman BOOK 64 PACE 589