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Here’s The Scoop … Colon Looks Way Off Target … According To The Minutes …


Dear Readers … This writer posted previously that one big issue in the payout to former Town Manager Esther Colon was whether or not the vacation leave Baldwin received applied only to him or if it was for all LBTS Town Managers going forth … I had requested in PRR any other contracts for Baldwin besides the one previously posted which was his predecessor’s contract …and the minutes of the special meeting when he was hired along with his 2 memos on his position … The response from the Town came back…there was no other contact or documentation… I made a follow- up request for any Commission minutes on any changes made in his salary, leave or benefits after hearing it was the Commission who made the salary/ vacation leave changes… I just received them …and here they are…pages 8,9 and 10 from the Oct. 10, 2000 Regular Commission Meeting minutes ..I assume the item is under new business although the pages provided to not include the header…

“October 10, 2000

G. Discussion and/or action regarding Town Manager Baldwin’s performance evaluation and compensation review (Commissioner Wessels)”

BC- I have made a follow-up PRR for any other the performance evaluation paperwork…Readers will remember this writer got “hammered”when asking if former TM Colon had a performance review clause in her contract and was repeatedly to,d no prior performance reviews had ever taken place in Town…Hmmmm……

“Commissioner Wessels stated at the end of the Fiscal Year the Town had concluded a successful annexation. Commissioner Wessels commented that the Town Manager handled this very well and he was pleased with the way it was orchestrated. Commissioner Wessels said he believes it is time to evaluate the Town Manager and said he believes that Mr. Baldwin’s services would be desired by other communities. Commissioner Wessels said he believes Mr. Baldwin should be recognized for his good work with a bonus.

Mayor Parker questioned whether this was to be a bonus or a raise.

Commissioner Wessels responded a bonus but he would certainly consider a raise.

Commissioner Wessels said he is concerned about value received over the past year.

Town Attorney Cherof informed the Commission that under state statute a bonus is prohibited without and ordinance establishing a procedure of awarding bonuses to employees.

Commissioner Waller said he would be willing to consider the issue but would like to see a contract between the Town Manager and the Town for a period of three to five years.”

BC- Hmmm…….It was Bob Baldwin who gave Esther Colon the idea to ask for a 5 year contract according to the notes in the margin made by former TAtty. Cherof’ ….(prev. post) ..

“Mayor Parker said the the Town Manager is working under Phin Horton’s contract with the exception of salary amount and severance pay.”

BC- according to Bob Baldwin’s memo’s he received no severance …just accumulated and unpaid salary and leave….(prev. post)..

“Commissioner Furth asked Mr. Cherof his opinion regarding the pros and cons of a contract.”

BC- For all those who may not know who Comm. Furth is…He’s none other than former Town photog/BTSTimes Owner /Editor- McIntee-Colon pal Marc Furth..

” Mr. Cherof answered it is in the best interest of the Town to have the most qualified individual in the office of Town Manager for as long as possible, no matter what the document format.”

BC- TM Baldwin had no contract¬† …he was on a week- to- week basis …with no severance …as he described in two separate memos….(prev. post)..

“Vice-Mayor said everyone is aware of the job Mr. Baldwin does for the Town. Vice-Mayor Yanni was supportive of a raise for the Town Manager.

Commissioner Furth said he did not know if he could justify a raise at this time and was not sure what he should be basing it on. Commissioner Furth said he would be more inclined to be in favor of a raise when the Town completes the annexation and the Town is twice the size.

Mayor Parker said he thinks the Town Manager deserves a raise and four weeks vacation every year because he has done an outstanding job and succeeded where others have failed.

Commissioner Wessels motioned to increase Town Manager Baldwin’s salary to $98,000 per year. The motion died for lack of a second.

Vice-Mayor Yanni motioned to increase Town Manager Baldwin’s salary to $98,000 per year, retroactive to October 1, 200. Commissioner Wessels seconded the motion.

Mayor Parker asked for discussion.

There was no discussion and Mayor Parker asked the Clerk to call the roll.

The motion carried 3/2 with Vice- Mayor Yanni, Commissioner Wessels and mayor Parker voting yes and Commissioner Furth and Commissioner Waller voting no.


Mayor Parker asked for discussion.

There was no further discussion and Mayor Parker asked the Clerk to call the roll.

The motion carried unanimously.”

BC- So it was Marc Furth that motioned for the 20 vacation days annually for Town Manager Baldwin …and according to these minutes under item G….it was definitely only for Town Manager Baldwin!… Former Town Manager Colon missed the “Marc”…… thinking otherwise according to the PRR responses this writer received….


BCbythesea May 21, 2010 post excerpt…Int. TM Hoffmann’s letter to former Town Manager Colon which must be based on the Oct. 10, 2000 minutes ….and lack of any contract showing changes were made for LBTS Town Managers going forth to have 20 annual vacation days … …OUCH!….


Summary-Analysis-Deposit #3 in the gross amount of $41,479. 25 was noted by HR/Risk Manager O’Brien as compensation for 537.41 accumulated vacation leave at a correct hourly wage¬† …but “The net impact of our findings on vacation leave indicates an overpayment of $18,593.56 was made to Ms. Colon for accumulated vacation leave”… “Ms. Colon accrued 20 annual leave days per year since being appointed Town Manager, when she was only authorized by the Personnel Policy Manual to accrue 10 days per year. As a result, Colon was compensated for more than 200 hours of vacation leave in her final payout than she was entitled to accrue.”

BC- The error “appears” to have been made guessed it HR/Risk Manager Kathy O’Brien who “failed to reset the accrual rate for the Town Manager position in the ADP payroll system when Colon was appointed to the position, so she (Colon) accrued her vacation time at a higher rate that had been authorized for the previous Town Manager (Baldwin)…The Interim Town Manager states later (pg. 4) in the “Detailed Report” ..”It is difficult to understand how neither O’Brien nor Colon realized over a three year period that the accrual rate was double what it should have been”..Also while Colon was below the cap for pre-Town Manager hrs…(141.10 hrs.)…documentation of the Town records show discrepancies with leave slips and time sheets when compared to the ADP payroll system…those discrepancies needed to be discussed with O’Brien and the consultant felt they were not significant after her explanations were found satisfactory…

Archived Int. Town Manager Report…

more to come….

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