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Here’s The Scoop … GET THE SHARPIE OUT …..

NEW CONTRACT FOR TOWN MANAGER … CHA CHA CHANGES ….

Dear Readers … as previously posted the previous 2 Town Managers walked away with an excess of  approximately $150,000 and $98,000 dollars  respectively from accrued and unused vacation and sick hours upon their departure from the Town…Resignation or termination it did not matter… Some of what was in the Town Manager’s contract runs contrary to the Town’s Charter…The contract itself has been questioned by many due to the lack of a Resolution for compensation and and the employment of the Town Manager being enacted in 2007….(there is none we have seen or has been included in any backup )……There has also been some question about the Charter and compensation accrued  and the correct calculations for sick leave …We hear it states a 50% pay-out not 100% plus the “padding” of days upon commencement of employment added to the “bank” (now that’s an appropriate word to use ) of unused days …(see below)…..

According to Town Manager Colon’s May 22, 2007 contract here is what makes her payouts possible…

Esther Colon Employment Agreement…

5.0 Rights and Obligations Upon Unilateral Termination by TOWN

5.1.1 (365) days of severance pay, less customary withholding

5.1.2 reimbursement for as-yet unimbursed expenses pursuant to this contract;

5.1.3 an amount for all accrued and unused vacation leave

5.1.4 an amount for accrued or unused sick leave.

5.1.5 an amount for accrued compensatory time accrued prior to appointment as Town Manager

Page 4- 10.0 “Vacation, Holiday, Sick Leave, Disability, Dental, Health, Life Insurance, Retirement, Memberships and Professional/Educational Development”

“10.2 TOWN MANAGER shall receive an fifteen (15) vacation days added to the current bank of vacation days upon commencement of employment. Thereafter she shall accumulate vacation leave as provided under the rules and regulations for other managerial employees of the TOWN , Including pay-out for unused vacation leave on termination.”

10.3 TOWN MANAGER shall be credited with ten (10) sick leave days added to her bank of sick leave upon commencement of employment. Thereafter he shall accumulate sick leave provided under the rules and regulations for other managerial employees of the TOWN, including pay-out for unused sick leave on termination. ”

BC- The rules and regulations for other managerial employees is not online/nor is it spelled out in the Town Manager’s contract of the Employment Agreement of John Olinzock… It needs to be requested and addressed ASAP!… Why in the world should sick/vacation days need to be “padded” upon commencement of the TM position?…Sick/vacation day hours need to either be used or you lose is or if there would be an uproar and no takers for the position… being a long coveted “get” for the top job and a deal breaker…accrued for that year only and paid out ..(a comment made by an Avid Reader)…with no “padding” allowed at commencement or termination!…

Why would the former Town Manager or any managerial employee need to take vacation days when she/they can take the “jaunts” provided to them in the below sections…

10.6 “The TOWN agrees to budget and pay for the registration, travel and subsistence expenses of the TOWN MANAGER for professional and official travel and meetings to continue the professional development of the TOWN MANAGER  and to pursue the necessary official and other functions for the TOWN including but not limited to her attendance at the Annual Conference of the International TOWN/County Management Association, and conferences and meetings sponsored by the National League of Cities, Florida TOWN/County Management Association, and such national, regional, state and local organizations and committees which the TOWN MANAGER of the TOWN is a member and as the TOWN may designate.”

10.7 of her contract “TOWN also agrees to budget and pay for registration, travel and subsistence expenses of the TOWN MANAGER for short courses, institutes, and seminars that are necessary for the professional department of the TOWN MANAGER and the good of the TOWN”…

Don’t forget 12.0 “Business Expenses ” 12.1 “TOWN agrees to reimburse the TOWN MANAGER for all business-related expenses upon presentation of duly executed expense vouchers, receipts, statements and personal affidavits.”

In other words the Town Manager/managerial employee goes to the multitude of such offerings..stops in for a few hours of the program and then does some major vacation time…paid for by the taxpayers…and at the same time accruing unused vacation time for a big payout on termination day!.. That’s really “jobbing” the system!…

There is a need to discuss automobiles for the Town Manager and other managerial employees… still a need to offer them up?…Especially for unrestricted personal use… with the insurance  paid by the taxpayer and exactly who pays the gas?…

Pensions…Colon had TWO!… It’s a killer as well…and someone needs to stop the bleeding of what these pensions will do to all municipalities!… As prev. posted by the time she is done…Colon will receive approx. $2 million added to her pay-out…

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The chance to deal with the termination…the aftermath payout…and the future of the Town Manager position will begin bright and early Mon. morning…Below is the agenda from the Town website… Below that is some information from the muni-code link on the website (link below)…It contains the requirements for the candidates to be Town Manager … and appointing a temporary Town Manager by the Commission…… Vice Mayor Dodd has requested certain staff to be at the meeting and if answers are not forthcoming from the Interim Town Manager and staff this week as they were not last week …there is Article III Sec. 2-31. Investigations of affairs of departments, officers and employees….available to the Commission and the taxpayers to get to the bottom of what transpired with the termination of the former Town Manager…

SPECIAL MEETING APRIL 26, 2010 8 AM

CALL TO ORDER, MAYOR ROSEANN MINNET
2. PLEDGE OF ALLEGIANCE TO THE FLAG
3. DISCUSSION and/or ACTION
a. Matters of Concern affecting the Town
b. Appointment of Interim Town Manager
c. Discussion and/or action regarding current Interim Town Manager Olinzock
4. ADJOURNMENT
………………..
Article V-

Sec. 5.3. Town Manager–Appointment, qualifications and compensation.
The Town Commission shall appoint a Town Manager who shall be the administrative head of the municipal government under the direction and supervision of the Town Commission. The Town Manager shall hold office at the pleasure of the Town Commission. The Town Manager shall receive such compensation as determined by the Town Commission through the adoption of an appropriate resolution. The Town Manager shall be appointed by resolution approving an employment contract between the Town and the Town Manager. The Town Manager shall be appointed solely on the basis of education and experience in the accepted competencies and practices of local public management including, a graduate degree with a concentration in public administration, public affairs, public policy, or public finance and two (2) years’ experience as an appointed city manager or county manager, or four (4) years’ experience as an assistant or deputy city manager or assistant or deputy county manager.
Sec. 5.4. Town Manager–Absence or disability; removal.
During the absence or disability of the Town Manager, the Town Commission may by resolution designate some properly qualified person to temporarily execute the functions of the Town Manager. The person thus designated shall have the same powers and duties as the Town Manager, and shall be known while so serving as “Acting Town Manager.” The Town Manager or Acting Town Manager may be removed by the Town Commission at any time.

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ARTICLE III. DEPARTMENTS*

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*Cross references: Fire department, § 8-21 et seq.; police department, § 15-26 et seq.

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DIVISION 1. GENERALLY

Sec. 2-31. Investigations of affairs of departments, officers and employees.
The Town Commission, or any committee thereof, the Town Manager or any advisory board appointed by the Town Commission for such purpose shall have the power at any time to cause the affairs of any department or the conduct of any officer or employee of the Town to be investigated and for such purpose shall have the power to compel the attendance of witnesses and the production of books, papers and other evidence and for that purpose summonses or subpoenas may be issued by the presiding officer of the body or by the officer making the investigation, and summonses or subpoenas shall be served by any officer authorized by law to serve such process. The authority making such investigation shall have the power to cause testimony to be given under oath, such oath to be administered by some officer having authority under the law of the State to administer oaths, and shall have the power to punish as for contempt any person failing or refusing to testify to any fact within his knowledge, or to produce any book or paper under his care or control, relating to the matter under investigation.
(Sp. Acts 1951, Ch. 27675, Pt. X, Art. 6, § 1)
Secs. 2-32–2-40. Reserved.

http://library8.municode.com/default-test/home.htm?infobase=14833&doc_action=whatsnew

All eyes will be on Interim Town Manager John Olinzock and his staff.. Will he show up and answer questions?…He has submitted his resume’ for the Interim Town Manager position!…Or will he resign prior to the 8 am meeting?… Will the Town staff answer the questions posed to them by the Commission?…Or will there be more resignations?… Will the Town Commission direct an investigation into what took place in the aftermath of former Town Manager Colon’s termination?… Is the Town going to make sure that the pay-out was correct to assure Ms. Colon was correctly compensated…but not overcompensated?…. The candidates for the Interim Town Manager position will also face some questions from the dais…and we hope they will be candid about their approach to move the Town forward …A decision for a temporary Town Manager will need to be made at this morning meeting and the job needs to be filled effective immediately….The direction then turns to the search for a new Town Manager …and it is this writer’s opinion VM Dodd was correct …an RFP for Town Manager in the myriad of online and hard copy publications directed toward those looking for such a prime position with no need for headhunters…

The meeting will be open to the public…on Ch. 78 (Comcast)/ Town website  http://lbts.granicus.com/ViewPublisher.php?view_id=2 and the speakers are now working!…

Next up the candidates for Interim Town Manager resume’s ….

more to come……

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