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Here’s The Scoop … Short Term Memory Problems?…

SHOWN THE DOOR ….  April 26, 2010….

Dear Readers… As we await the response from former Town Manager Esther Colon’s counsel to the complaint filed by the Town of Lauderdale-By-The-Sea on June 23, 2010…Her pal, former Int. Town Manager for a week John Olinzock answered back to the change in his dismissal to with cause made by Commission on June 8, 2010 with a letter to his replacement, Int. Town Manager Hoffmann on June 24, 2010…

“From the Desk of

John E. Olinzock

xxxx NE xx Drive

Wilton Manors, Fl. 3334-6434

24 June 2010

Ms. Constance Hoffmann

Interim Town Manager

Town of Lauderdale-By-The-Sea

4501 Ocean Drive

Lauderdale-By-The-Sea, Fl. 33308

Dear Ms. Hoffmann,

I am in receipt of your 17 June 2010 correspondence regarding revision to the terms of my original dismissal. This letter serves to notify you in writing that I request a rescission of the revision to the terms of my dismissal employment with the Town of Lauderdale-By-The-Sea made by the Town Commission at the 8 June 2010 Regular Town Commission meeting to the original decision made by the Commission at the 26 April 2010 Special Town Commission meeting.

At  the 20 April 2010 Special Town Commission meeting, the Commission directive to Town Administration was to terminate immediately, per contract, the former Town Manager, Esther Colon. If the Town Attorney after receiving the payout information from the former Human Resources Manager on Wednesday 21 April 2010, and having had communications with all of the Town Commissioners, wished to change the dcsion and/or revise the terms of the termination of Esther Colon, the Town Attorney should have requested a public meeting through the Town Clerk’s office to publicly vote on this matter. It is my responsibility to follow the Town Charter and Code, along with Statute.

Thank you in advance for your attention to this matter. Sincerely John E. Olinzock CC: Susan Trevarthen, Town Attorney”

………………..

The Town’s Reply…

July 6, 2010

Mr. John Olinzock

xxxx NE xx Drive

Wilton Manors, FL. 3334-4363 (BC-oops)

Dear Mr. Olinzock:

As you know, the Town Commission made the decision to revise the terms of your dismissal to be termination with cause, and only they have the authority to modify that decision. By carbon copy of this letter, I am providing them a copy of your June 24th letter asking that they rescind their action.

Very Truly Yours,

Constance Hoffmann

Interim Town Manager

Cc: Mayor Roseann Minnet

Vice Mayor Stuart Dodd

Commissioner Birute Ann Clottey

Commissioner Scot Sasser

Commissioner Chris Vncent

Susan Trevarthen, Town Attorney

ENC. (2)

CH/mi”

………….

BC- Below is the e-mail/which then became a public records request on April 23, 2010 from Town Atty. Trevarthen that states the firm had no payout information on April 21st as stated in Olinzock’s letter above (June 24, 2010)…This was repeated on April 26th at the Special Meeting terminating him without cause… Hmmm….. short term memory problems?… Might help when Readers refresh their recollection of what that letter contained … John Olinzock signed off on the request himself along with Town Clerk June White on April 23, 2010 that included the payout documents…

……………………

“Dear John:

As the Town Attorney for the Town of Lauderdale-By-The-Sea, Florida, I hereby request that you provide the backup documentation to confirm that the amount of money paid out to satisfy the severance clause in the contract of former Town Manager, Esther Colon, is correct.

As you knew, at Tuesday evening’s Special Meeting, the Town Commission directed me to work with you and your staff to assure that matters associated with Ms. Colon’s termination is properly handled. As you also know, my partner, Brett Schneider, and I have asked you and/or your staff for the written backup documentation concerning Ms. Colon’s severance payout on several occasions since the meeting.

In particular, Brett called Kathy O’Brien midday Wednesday to discuss the status of the transition and of the payout, and was advised that the payout had already been accomplished. Amongst other things. Brett requested documentation of the severance. We promptly received the other documentation requested, regarding the exchange and return of property between the Town and Ms. Colon. However, we have not received the documentation of the severance payout.

When we did not receive the requested documentation from Kathy, Brett and I both contacted you Thursday morning to again request that documentation. In response to Brett’s request, you advised him you were very busy and did not know when you would have the time to provide the documentation. You also stated that, unless you were being accused of having acted criminally in connection with the issuance of Ms. Colon’s severance payment, you did not think it necessary to provide the backup documentation.

Having still not received the requested documentation this morning, Brett called you again to request the backup documentation. In response, you again advised Brett that you and staff were extremely busy, and you would try to provide us with the requested documentation when you had the chance.

You have assured me that the payout was properly calculated, and that you personally authorized and checked the validity of the payout documentation on Wednesday morning. I am not suggesting that the payout was necessarily improper. However, I cannot perform the task which the Commission has assigned me- verifying that it was handled properly- without the cooperation of you and your staff.

For example, Ms. Colon’s employment agreement states she “shall accumulate sick leave as provided under the rules and regulations for other managerial employees of the Town, including pay-out for unused sick leave upon termination.” We have orally been advised of the number of hours of sick time paid out, but not the calculation of that number to reflect the amount due under the Town’s rules and regulations. We have also not been advised of the net dollar value of any of the components to the payout, or of the total amount of the payout.

John, it is imperative that you provide us with the backup documentation concerning Ms. Colon’s severance payout at your earliest convenience; so that we can do what the Commission has directed us to do.

Please call me if you have any question. Thank you for your assistance in this matter.

Very, Truly yours, Susan L.. Trevarthen”

………………..

more to come….

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