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HomeMy WebLinkAbout8/10/1988Wednesday, August 10, 1988 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 Wednesday, August 10, 1988, at 8:30 o'clock A.M. Present were Don C. Scurlock, Jr., Chairman; Gary C. Wheeler, Vice Chairman; Richard N. Bird; Margaret C. Bowman; and Carolyn K. Eggert. Also present were Charles P. Balczun, County Administrator; Charles P. Vitunac, Attorney to the Board of County Commissioners; and Virginia Hargreaves, Deputy Clerk. The Chairman called the meeting to order and announced that this emergency meeting of the Board was called in order to consider one item - Administrator Balczun's contract. DISCUSSION RE TERMINATION OF ADMINISTRATOR'S CONTRACT Chairman Scurlock noted that yesterday on a 4 to 1 vote, the Commission decided to exercise what we believed are our provi- sions under the Administrator's contract; even though there may be some controversy about whether it was or was not signed. The Chairman stated that he does have a transcript (and it is on its way) of the meeting that particular item was decided, and he felt it clearly reflects that we have a position. After yesterday's meeting, the Chairman believed it became apparent to a number of Commissioners, who did contact Mr. Vitunac and request a Special Call meeting, that 90 days is a very questionable amount of time in light of possible litigation with our County Administrator. Commissioner Wheeler informed the Board that, in view of yesterday's meeting, he talked to Mr. Balczun again yesterday afternoon; so, what he is going to say comes as no surprise to him. He continued that he told Mr. Balczun yesterday that he had G 10 1999 Boa i F,Ari. no confidence in him in the past, and as of yesterday's meeting, had no respect for him and that he certainly has no credibility with him whatsoever. Therefore, Commissioner Wheeler believed it is in the best interests of the county to have Mr. Balczun terminated as soon as possible and out of the building, and then we can go to court and whatever the Judge rules, he can live with, but he believed there was a contract and everything indicates that. MOTION WAS MADE by Commissioner Wheeler, SECONDED by Commissioner Eggert, to terminate Administrator Balczun's employment as of today. Commissioner Eggert stated that she was extremely disap- pointed. When she talked to Administrator Balczun a week ago Monday, and they went through what the difference was between resignation and his being fired in terms of 90 days plus vacation or 90 days plus vacation and severance, he talked about having gone through his contracts, and she is just appalled at what she heard yesterday. Commissioner Bird advised that he probably will vote against the Motion. He was really teetering yesterday as to whether he would vote for or against the termination, and one of the things that pushed him over the edge was the threat of a lawsuit, which didn't sit well with him; however, his vote was to terminate with 90 days' notice. Commissioner Bird continued that he has had some disappointments with Administrator Balczun, too, but probably not to the degree a couple of the other Commissioners have had. Chairman Scurlock interjected that he felt it should be made clear that at least three of the other Commissioners have had significant problems, and Commissioner Bird agreed that at least three Commissioners have had significant problems with the Administrator. 2 BOOK 3 PKK 414 Commissioner Bird continued that he talked to the Adminis- trator as late as last night and asked him what his intentions would be during this 90 day period, which 90 day period Commissioner Bird believed is crucial to the Administrator's career and his future as well as to the county. Mr. Balczun assured him that he plans to conduct his business during the next 90 days in at least as full time a manner as he has in the past and maybe more so. Commissioner Bird did think we have some items that need to be cleaned up that the Administrator is very much involved with, and two of them are major personnel matters, and if he will give us a good 90 days of service, maybe we can get some of these things cleared up and we will not go through the expense of paying him for three months to not work plus the additional expense of hiring a part time Administrator to take his place. Commissioner Bird expressed his hope that the 90 days could be a period where we could make a smooth transition, and he is still hopeful that can happen. He did not see the need to terminate the Administrator immediately and put the taxpayers to the expense of picking up that 90 day tab. However, Commissioner Bird informed the Board that he has told the Administrator that if we get into the 90 day period, and there is any indication he is undermining this county or not performing his duties to the best of his ability, which we will know because there is a big spotlight on him, he personally will support terminating him with cause. Commissioner Wheeler could not imagine what the Adminis- trator could do in the next 90 days that would be worse than what he has already done - denying a contract exists by simply not making a statement about it. Chairman Scurlock stated that he will speak to the Motion. He believed the Commission went a great way yesterday to try to say nice things. He personally has some very strong feelings, and sometimes he has been quiet about expressing them and 3 AUG 10 1988 Bm 710 ut[ 415 sometimes has been vocal. There was an attempt yesterday to solve a difficult situation and move on to better things; that obviously wasn't what was going to happen. Up until yesterday, he did feel some respect for Mr. Balczun, but after yesterday, (and he met with Mr. Balczun yesterday), he has lost that respect totally. That is very unfortunate, and the Chairman stated that he hates to say that s a public meeting, but that is the way he feels. The fact is that the morale in the county is far worse than stated at the meeting - if you look at the history and the hires that have been made since this man came on board and where we are now. The Chairman continued that the thing that bothers him most is the dishonesty in terms of working Commissioners against one another - suggesting that the salary survey was pushed and the workshop was demanded by the Chairman, and, he, therefore, would be damned if he will sit here and have him (Mr. Balczun) call and manipulate Commissioners at night. We have an excellent staff, and it is the leader, and Chairman Scurlock clearly expressed his strong feeling that he wants the Adminis- trator out of here today, and he will vote for the Motion. Administrator Balczun wished to state clearly his willing- ness not only to work for the next 90 days, but to do so effectively and efficiently and productively. Commissioner Bowman expressed her feeling that this is rather precipitous, and she wished she had a chance to review these Minutes (of the meeting of February 23rd) before we had this meeting. She emphasized the need to be on very solid legal grounds as she worried about any possible suit there could be. Chairman Scurlock stated that he had no worries about that. He met with the County Attorney till almost 6 o'clock yesterday going over the Minutes referred to. He reaffirmed with Adminis- trative Aide Liz Forlani that she has the absolute same recollec- tion re signing of the contract; it being delivered to our office and bringing it personally to him. So, there is no question in his mind as to what happened in reference to that. The Minutes 4 BOOK 73 F".�f.41_6 AUG 1 � i988 are very clear; in fact, on page 5 of the verbatim transcript, it shows that Commissioner Wheeler even suggested tabling the matter for another week or so, but Administrator Balczun said "No, 1 think you ought to approve it the way it is because it's fairly fair." The Chairman felt it is very clear and did not think we need to spend our time here at the Commission level litigating the matter. That is a matter between Mr. Balczun, if he so chooses, and our legal staff and a court of law, and whatever that decision is, that it is what it is. Attorney Vitunac wished to ask Mr. Balczun one question, and that is - "When you say that you are ready to work for 90 days, are you proceeding as if there is an amendment to your original contract." Administrator Balczun replied that his attorneys instructed him that he should refrain from commenting on this matter. Commissioner Wheeler interjected that he did not see how you can work with somebody like that! Commissioner Bird at this point wished to ask the Adminis- trator if he worked during the 90 days, how he would handle the two major personnel vacancies we have right now - Blankenship and Mary Kiser. Is it his intention as the Administrator to handle that situation and make a recommendation quickly to either get those people on board and working or off the payroll rather than the status they are in. Administrator Balczun stated that he would handle those on the advice of the County Attorney and take whatever steps he recommended. Commissioner Bird agreed that the County Attorney can give the Administrator advice, but Mr. Balczun is Administrator of the county and is the one who must make the final decision. They are his employees. He, therefore, asked if Mr. Baiczun is prepared to make that decision and on his own and in a timely manner. Commissioner Bowman interrupted at this point noting that AUG. 10., 5 BOQK 73 FAF. 417 ', Commissioner Bird is asking about vacancies, and she believed there are no existing vacancies - is that correct? Commissioner Bird clarified that we have two people who are suspended with pay, and it bothers him that they are getting paid and are not doing anything productive. He felt we need to get this resolved as quickly as we can in keeping with our personnel procedures and wondered how the Administrator perceives that - is he ready to make a final decision? Administrator Balczun stated that he is ready to review Mr. Vitunac's recommendations with respect to a hearing officer in the Kiser case; to review the backgrounds of the two attorneys he suggested; and assuming one is suitable, to proceed directly to a hearing within whatever time period Mr. Vitunac suggests. Then based on whatever the hearing officer decides, within a very reasonable time period (a day or two, based on what the decision of the hearing officer is) to render a decision on his part. With respect to the Blankenship matter, again to meet with the County Attorney and to take action with respect to the next step. That is a different kind of a case because the matter is still before the courts, and he really needs Mr. Vitunac's advice on that. Chairman Scurlock asked if the Administrator values Mr. Vitunac's opinion so much and wants to work through the County Attorney's office, how come he never did up until this point. The Chairman noted that Mr. Vitunac was involved at the eleventh hour every time; he never had documentation all the way through these various processes until the eleventh hour. Administrator Balczun disagreed with that representation. The Chairman asked Attorney Vitunac whether he had been involved on these matters up front. Attorney Vitunac stated that he was not involved in the Mary Kiser matter until after she had been suspended. In the Blankenship matter, Mr. Balczun called him after he suspended him the next day. 6 Boos 73 rnE 418 Commissioner Eggert noted that the allegation has been made that Mr. Vitunac was asked about a power of attorney without names being given prior to that happening. Attorney Vitunac stated that is absolutely true. He was called in and asked if he would prepare a power of attorney for an unnamed person who had an unspecified problem to take away this person's children, and he said that is not county business; we have no business doing that; and he would refuse to do it - and they said okay, thank you, we will take care of it on our own. He reiterated that he was not told who or what the problem was, and he said that it is not proper for the county to be involved. The Administrator stated that it had nothing to do with taking away children - absolutely nothing, directly or indirectly. Commissioner Bird commented that he did not want to wash our dirty linen in public, but in regard to the Blankenship matter, he felt we surely must have something in our personnel policy which indicates that if an employee of the county is charged with a misdemeanor certain things happen - if they are convicted of it, certain things happen, and if they are found innocent, certain things happen. He wished to know if that is fairly clear in our personnel policy. Attorney Vitunac confirmed that it is clear. The Administrator now has the power to suspend with or without pay, to terminate or hire back; it is up to him at this point. Attorney Vitunac continued that he heard yesterday through the newspapers that Mr. Blankenship pled not guilty and there will be a trial on September 26th. We have the choice of letting him sit with or without pay until September 26th or hiring him back until then or deciding independently that he has done this action and should be fired. Chairman Scurlock advised that, to complicate that matter, we have had an employee complaint filed here in Indian River AUG 1 r 1988 County, which was delivered to him yesterday and he gave it to Mr. Vitunac. It was a charge against Mr. Blankenship by a female employee here on county time. Commissioner Wheeler commented that he hasn't seen Mr. Balczun really, when push comes to shove, make one decisive decision yet, and did not believe his mode of operation will change in the next 90 days. He didn't do it in the Mattes situation or the Kiser situation, and when he talked to Mr. Balczun Friday, he hadn't yet looked into the charges brought against Mr. Blankenship as to what kind of a case they had. Commissioner Wheeler noted that he then mentioned to Mr. Balczun that there were rumors in the building about sexual advances by Mr. Blankenship to female employees and he recommended that the Administrator look into that and trace that down and find out whether they are accurate or inaccurate. Commissioner Wheeler stated that as far as he knows, nothing has been done in that direction either. Commissioner Bird asked if the Motion on the floor to dismiss is with cause or without cause. Chairman Scurlock stated that the Motion, as he understands it, is to dismiss him and go by the terms of the contract, which we feel is valid, which is the 90 days. Commissioner Bird, noted that, in other words, it is to terminate and give him 90 days' notice. Chairman Scurlock confirmed that the only thing different than yesterday is that we don't want him here for the 90 days. Commissioner Wheeler advised that his Motion is based on a conversation he had with Mr. Vitunac this morning. There is a possibility that the Administrator could be terminated with cause, but due to the situation we are in, Mr. Vitunac advised him that without cause is the best approach to take. We must look ahead to the legal battle we are going to have because Mr. Balczun refuses to answer a direct question, and Commissioner Wheeler stated that he cannot work with someone who won't answer 8 AUG 10 1988 Boos 7 f,, t. 4%'Q I direct questions. Although he personally would prefer to terminate with cause, he listened to the advice of the County Attorney; so, the Motion is to terminate without cause, and he will get his 90 day severance. The Chairman asked if there is any discussion of the Motion. Commissioner Bird advised that he is going to do a 11180" on this thing. Although he did not personally have the problems with the Administrator others have had, and it goes deeply against the grain to pay someone to not work and pay severance pay without him on the job, he felt the situation has deterio- rated between the Administrator and staff and between the Administrator and his fellow Commissioners to the point that he does not want to force them to work with someone they feel that uncomfortable working with, and he will support the Motion. Commissioner Bowman agreed. She felt this thing has gone much too far, but she is sorry we are doing it in such a rush as she would like to have had more time to look the thing over. THE CHAIRMAN CALLED FOR THE QUESTION on the Motion to terminate the Administrator's employment as of today. It was voted on and carried unanimously. DISCUSSION IN REGARD TO AN ACTING ADMINISTRATOR Chairman Scurlock advised that the next question to be addressed is that of an interim person to handle the position of Administrator while we are advertising for a replacement, and he has had one suggestion - our Assistant County Attorney Bill Collins, which he felt is an interesting suggestion. County Attorney Vitunac noted that he just heard about this possibility fifteen minutes earlier. He confirmed that Attorney Collins is a very good worker, but noted that he is booked solid 9 AUG 10 1988 BooK 73 Pa E V&1 with lawsuits. He hasn't talked to Mr. Collins about this yet; however, if it will help the county, the County Attorney's office could give him up and all work double duty. Chairman Scurlock discussed Attorney Collins background, noting that he was a planner before he was an attorney. He believed Attorney Collins has the respect of everyone in the county, and also, he wants to return to being an attorney; so, there wouldn't be any problem about saying we are going outside to hire a person to replace him. The Chairman commented that he had thought of Community Development Director Bob Keating, but he has such a heavy load; the same is true of Emergency Management Director Doug Wright. Commissioner Eggert agreed that it is very difficult to go to a department head to fill this position and then say you are only going to do this temporarily. Commissioner Bird asked about the possibility of former Acting Administrator "Tommy" Thomas, but was informed that Mr. Thomas had already been approached in this regard and said no. Commissioner Eggert had another suggestion in addition to the appointment of Attorney Collins as Acting Administrator. A lot of things we are involved with and trying to get completed are personnel work, and Jack Price, who was Piper's Personnel Manager for quite a while, has left them and he is not interested in government on a long term basis. She wondered if we might not ask for his assistance on a temporary consulting or some such kind of basis to help us get through the next few months. If, for example, Mary Kiser would come back on line, she felt we would need someone with some personnel experience to give us some guidance on how to monitor that situation, and we also have the salary study sitting there. Board members indicated they would need time to think about this, and Chairman Scurlock noted that the immediate action we have to take today is that we have to have someone, at least on a temporary basis, to serve as the Acting County Administrator. 10 AUG 10 19 a � � Commissioner Wheeler had one other suggestion - simply because of his financial background and the nearness of our budget hearings plus his knowledge of all department heads and his ability to work with them, he would suggest Joe Baird. He felt we have four possible candidates. Commissioner Eggert clarified that she only suggested Jack Price in relation to personnel guidance. She stated that she has high respect for Joe Baird, but thinks of him as being in the same situation as Director Keating, Director Wright, etc. Commissioner Eggert continued that she has a lot of respect for Attorney Collins; she admires the job he has done and the way he does it, and she feels he could be very helpful on the short term. MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Bird, to make Assistant County Attorney William Collins the Acting County Administrator. Commissioner Bowman noted that no one has asked Mr. Collins, and Commissioner Eggert commented that what she is saying is that we will tell him. Commissioner Bird stated that while he hates to throw Attorney Collins to the wolves, he really felt somebody has got to bring these Blankenship and Kiser matters to a head as quickly as possible, and he hoped this would not have to drag on until we got a new Administrator. Chairman Scurlock agreed and expressed his hope that the Acting County Administrator could decide and agree upon an appro- priate person for a hearing officer and proceed from there. He also felt Commissioner Eggert's suggestion about Jack Price is a very viable one, if Mr. Price is available on a temporary basis. In regard to the Blankenship matter, which we need to get resolved, Commissioner Bird asked Attorney Vitunac whether, in the situation we are in now between Administrators, it is 11 BQllfl �o� �'p�Gf. 4?,3 � J W possible he could review that situation and make a recommendation to the Board and the Board would make a determination in the near future. Attorney Vitunac stated that it was possible and assured the Board that he would work closely with the new Acting County Administrator. THE CHAIRMAN CALLED FOR THE QUESTION to appoint Attorney Collins as Acting County Administrator. It was voted on and carried unanimously. Some discussion ensued in regard to advertising for a new County Administrator, and it was noted that this was authorized at yesterday's meeting. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 9:00 o'clock A.M. ATTEST: 12 Chairman Boor 73 F4c,.-A I