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Here’s The Scoop … Leading By Example ….Two Former Town Managers … “Tutelage and Guidance” ….

August 5, 2010 by Barbara

THE TUTOR? …

Former LBTS Town Manager Bob Baldwin

Dear Readers… This writer previously posted the behind the scenes pay increases and decrease(?) for former Town Manager/Finance Director Esther Colon as well as her letter of praise for her former boss, Bob Baldwin…Baldwin hired her in 2000 and she replaced him in 2007 …We thought she threw him under the bus in 2009 when her HR & Risk Mgr. Kathy O’Brien tried to make it look like he was paid severance when he departed…That was posted along with the breakdown requested from then-Comm. Dodd after his lump-sum payout produced in a July 22, 2009 memo response to then-Comm. Silverstone didn’t add up…pun intended … In that July 29, 2009 memo to Dodd, Baldwin appeared to be pushed a little further underneath … But after the public records requests this writer received last week… maybe not … It certainly appears that these former Town Managers took good care of each other when it came to raises and payouts in his 12 years of service and her almost 10 from start to finish…as well as numerous questionable actions taken without Commission/taxpayer knowledge or approval …in this writer’s opinion…

In 2008 my good friend John Thompson told me after witnessing the bad acts coming from the newly elected CIC majority now sitting on the dais…that unfortunately they didn’t have a good example to follow and were continuing on in the manner they were accustomed to…With what has been revealed by our new Town Administration since April 26th of the behind the scenes actions taken by the two former Town administrations …that could apply to them as as well … Did Colon learn from “Tutor” Baldwin to conduct her behind the scenes unilateral actions long before she took over? … She did state in her March 29, 2007 letter “But as we have discussed in the past, I want to express my desire to continue employment with LBTS in the capacity of Finance Director effective Monday, April 23, 2007, and hope to continue to serve in that capacity under your tutelage and guidance for many years to come.” …..”Tutelage and guidance” ….. Hmmm….Remember, “Tutor” Baldwin did suggest to Colon that she include a 5 year severance clause per the first version contract notations made by former TAtty. Cherof (prev. post)…Did Baldwin’s “tutelage and guidance” continue on after that?….

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On February 9, 2007 Bob Baldwin sent a memo to the Town Commission stating he was going to take 10 weeks unpaid leave to take a consulting assignment in Lake Worth… A look at the prev. post shows Finance Director Esther Colon was made Acting Asst.Town Manager effective on Feb 10, 2007 and Baldwin signing that change on Feb. 6,2007 with an increase in her pay from $4,022.16 Bi-Weekly to $4,424.37 Bi-Weekly…

Baldwin Memo…

“February 9, 2007

To: Mayor Oliver Parker

Vice Mayor John Yanni

Mayor Pro Tem Chuck Clark

Commissioner Jeery McIntee

Commissioner Jim Silverstone

From:Robert Baldwin, Town Manager

Subject: Town Manager Schedule- Acting Assistant Town Manager, Esther Colon

As you know, per my agreement with the Town, I am taking 10 weeks unpaid leave from the Town to perform a consulting assignment (I will use accrued annual leave).

During that period, Esther Colon will be in charge, and I have designated her Acting Assistant Town Manager. She will have the Town Manager’s full representative authority and responsibility during my absence including full hiring, firing , administrative authority and policy-recommendation authority. Please contact Ms. Colon directly with any issues, problems, or topics you wish to discuss. As my designee, there are no charter concerns for the Town Commission in directing the Assistant Town Manager in my absence.

Having said the above, I will be in contact with Ms. Colon and try to be by the office a few times each week to sign checks and review certain items in the early morning or evening hours. If possible, I may attend Commission meetings, though my schedule may not make that possible. I will also be available to meet during the weekends, if necessary. If it becomes necessary to contact me, you may leave a message on my Town cell phone, at my home, or with Judy in her office.

Regardless, the Town is in good hands and the administration will continue to provide services and Commission support during this period. RB/jem

Cc: Esther Colon

Jim Cherof”

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BC- Baldwin states it will be 10 wks unpaid leave…then states he will use accrued annual leave …in the July 29, 2009 payout from HR/Risk Mgr. O”Brien …(prev. post) it stated …

………….

“1) During Mr. Baldwin’s leave of absence (ten weeks) to perform a consulting  assignment, Mr Baldwin was compensated the following:

PPE 02/23/07 8 HOL 72 VAC GROSS $6,005.40

PPE 03/09/07 80 VAC GROSS $6,500.40

PPE 03/23/07 80 VAC GROSS $6,500.40

PPE 04/06/07 80 VAC GROSS $6,500.40

PPE 04/20/07 80 VAC GROSS $6,500.40

TOTAL 10 WK Compensation $30,027.00

Mr Baldwins final compensation was as follows:

HOURS  480 SCK

HOURS 1,154.57 VAC GROSS $120,962.06

The above break-down reflects a total of: $150,989.06

2) The payment to Mr. Baldwin was authorized per his contract.

3) Mr Baldwin’s final check was direct deposit.”

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BC- that figure is not the same as what was turned over from my PRR…(see below)…

On April 6, 2007 Baldwin sent a letter to the Commission to resign …it was read at the April 10, 2007 Comm.meeting by Town Atty. Cherof and it was discussed… Colon was asked to stay on temporarily as Acting Town Manager for 90 days  or longer ..She stated she was going to return to Finance effective April 24th.. but needed time to consider ….She had previously sent a letter to Baldwin on March 29,2007 stating effective April 23, 2007 she would go back to her prev. position and both signed it on April 1, 2007…

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“Date: April 6, 2007

To: Mayor Oliver Parker

Vice Mayor John Yanni

Mayor Pro Tem Chuck Clark

Commissioner Jerry McIntee

Commissioner Jim Silverstone

From:Robert Baldwin, Town Manager

Re: City of Lake Worth Assignment

I wanted to thank the current Commission for honoring an employment agreement made to me when I began working here and allowing me to perform a ten-week consulting assignment. My eight weeks so far have been very enlightening and challenging.

As I have told each Commission member since I have served in Lauderdale-By-The-Sea, I would gladly leave the Town if any one Commission member requested me to do so. Not one of the former or current Commission members has ever asked me to leave, and I appreciate the great support I have received over the past 11 years. My loyalty and commitment to the Commission and each member of the Commission has been deep and residing. I want to personally thank Tom McKane, Oliver and Lorene Parker, Jim Pollack, Bill Weyhmuller, Dave and Peg Wessels, Ernie and Deb Fontaine, John and Kaye Yanni, Bob abd Dawn Waller, Marc and Kristi Furth, Ed and Beverly Kennedy, Chuck and Bonnie Clark, Jerry and Maureen McIntee and Jim Silverstone for all your support and encouragement. Serving the various Commissions since 1995 has been a tremendous honor. Your jobs are thankless, and each of you have brought something special to the dais and to benefit this community. My compliments.

During my assignment with the City of lake Worth, I have been reminded of the very serious challenges that confront many cities in Florida. Cities across Florida, like Lauderdale-By-The-Sea, are having continuing problems with cost overruns and escalating costs on capital projects and infrastructure that they cannot control. Moreover, many cities also have deep-rooted financial problems, escalating taxes, gang violence and crime, deteriorating housing, and a wide range of problems. Fortunately, Lauderdale-By-The-Sea continues to be in excellent financial condition. Except for political divisions and potential litigation issues, none of which can be controlled or corrected by management, the Town really has no major problems. The Town Commissions have done a tremendous job governing the Town.

I have talked to each of you about the extreme importance of my commitment to my profession. This is paramount to me. In that context, Lake Worth is currently in need of my assistance, and as a reform-minded city manager, I feel my talents for problem-solving are best served helping them through a difficult period. The Town is in excellent shape, and I am confident you will continue to stay on top of the manageable issues in the future.

The Lake Worth City Commission has requested that I continue my assignment in Lake Worth, and I have told them I will continue. I am therefore resigning my position with the Town effective no later than may 6, 2007. Though my agreement with the Town requires only a five-day notice, I had promised each of you individually that I would not leave you hanging. I believe thirty-days notice allows sufficient time to tie up loose ends with the Commission and staff. If possible, I will gladly help you on a voluntary basis beyond that date if it becomes necessary. I will be nearby.

On behalf of my family, thank all of you, past and present Mayors, Commissioners, staff, contractors, and residents, far too many to thank individually, for over eleven years of improvements and accomplishments in the Town of Lauderdale-By-The-Sea. From the day I walked through the door of Town Hall in August of 1995 until today, it has always been a team effort.

cc:staff”

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BC- interesting that the thank you for residents came last…. The Commission accepted Baldwin’s resignation on April 24, 2007 (prev. post)…but some interesting payouts and memos came after that 5-0 vote…

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Date: May 6, 2007

To: Esther Colon, Finance Director

From: Robert Baldwin, Town Manager

Re: Vacation Credit

As you know, I have continued to work for the Town over the past weeks since I began my consulting assignment. I have covered two Commission meetings, worked every weekend, worked several weekdays, and was available and talking to you and others on Town business nearly every day since my assignment began.

Please credit me with 107 hours toward my annual leave for hours worked since my assignment began.”

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BC- strange he refers to himself as TM and Colon as Finance Director approx. 2 weeks after his resignation was accepted and after Colon accepted the position as Town Manager…Also Baldwin’s statements from his Feb 9, 2007 memo to this May 6, 2007 memo show an expanding annual leave time and increase in work pay …see below…

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“TOWN OF LAUDERDALE-BY-THE-SEA PAYROLL TIME SHEET

Pay Ending: 5/4/07

Pay Date: 5/11/07

ONLY KEY IN HOURS TAKEN

TOWN MANAGER

EMPLOYEE NAME: Robert Baldwin  SOCIAL SECURITY NUMBER: (blank)”

BC- The Payroll Sheet shows columns from left to right…week ending/Reg. Hrs./O.T. Hrs./Annual Leave/ Sick Leave/ Holiday Deferred/Holiday pay/ Total Hours

For Bob Baldwin it shows the following Mon -Fri 8:00Reg. Hrs. with a Total Week one : 40.00/ and is repeated for Total Week Two: 40.00 with a Grand Total 80.00.

It states “Employees are responsible for the accuracy of their own time cards. The time record was made daily by me, and is correct.”

There are no signatures entered for Employee Signature or the Department Head/Supervisor Signature

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BC- How did TM Baldwin work two 40 Reg Hr. wees in two municipalities?…Why no signatures?….Why after April 24, 2007?…

Another Payroll Register shows the following…

“ADP Payroll Register TOWN LAUD BY THE SEA  batch 6820-036 Period Ending: 05/04/2007 Pay Date:05/11/2007 Week 19

Baldwin, Robert R. File: oo2119 Dept:105130 Rate: 5643.96 Earnings Reg. 5,643.96 288.46 B. 72.98 14 Gross 6,005.40 Statutory Deductions Federal 1,209.70 FIT 371.55 SS 86.89 MED Voluntary Deductions 3213.22 W Chk1 12.60 A AFLAC 250.00 G SAV 788.46 P PEPSCO 72.98 14 AUTOFR Voucher # 190006

Dept: 105130 Rate: 5643.96 Earnings 5,643.96 T Gross 5,643.96 Statutory Deductions: 1,809.65 FIT 349.93 SS 81.84 MED Voluntary Deductions 3402.54 W CHK 1 Voucher 190007 Pay 2

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BC-Another sheet “Administration page 1”  shows the following…

“Hourly Staff Payroll Work Sheet Pay Ending: o5/04/07 Pay Date: 05/11/07”

From left to right the column shows…Employee name/Dept.#/Filr#/Reg. Hrs.? Sick Hrs/Vac. Hrs/Reg Deferred Holiday Pay in 2 columns/Comp Hrs Taken/ Personal Day/ No Deduction 2nd Check Severance Code T/O.T. Hrs/ Total Reg Hours/ Total O.T. Hours/ Entry for Salary Staff Key in for Hrly Staff allowance Health/Reim Code F/ Other Hours Maintenance Required Verify 1.5 formula  Comp Hrs. Accrued/Holiday Deferred/Total Other Hours / Earnings/ Total Hrs. Paid

“2 Baldwin, Robert R. /# 105130/ #2119” blank accross the columns including Reg, Hrs sick-vacation leave-Holiday Comp Code T …N/A for O.T Hrs/N/A Total Reg. Hours /N/A Total O.T. Hours N/A Code F/ N/A Comp Hrs accrued/ N/A Holiday Deferred /Earnings$5,643.96

“2 Baldwin, Robert R.” a repeat of the above but across the columns is “T” SEVERANCE PAY / Earnings $5,643.96

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BC- also of interest is this…

“3 Colon, Esther Dept. 105130 File # 2522” Ms Colon’s columns are also blank or N/A but she received $4,424.37 which was the amount she was to receive for being “Acting TM” and $400 more than she was to receive as Finance Director…So which was she?…Baldwin’s May 6, 2007 letter stated Finance Director…

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BC- a second ADP Payroll Register Batch 1605-036 Period Ending: 05/18/2007 Pay Date; 05/25/2007

“Baldwin, Robert R. File: 002119 Dept.: 105130 Rate 70.5495 480.00 S 1154.57 V/ 33,663.76 S/ 81,454.34 V/Gross 115,318.10/ Statutory Deductions 39,530.25 1,629.61 SS 1,672.11 MED Voluntary Deductions 72,486.13 W Chk 1 Voucher # 210006”

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BC- another “Administration Payroll worksheet”  pay ending: 05/18/07 pay date: 05/25/07

“2 Baldwin, Robert R.”  shows the 480Sick Hrs/ 1,154.57 Vac. Hrs and leaves the rest blank or N/A until “Earnings $5,643.96 Total Hrs paid 1,634.57”

Underneath #2 Baldwin is #3 Colon, Esther which has all columns blank or N/A until the “Earnings $5,643.96″…same amount as Baldwin….Totla hrs. paid is blank…

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BC- last sheet was the “Hourly Paycheck Calculator Result” copied under another sheet showing the Vac./Sick hours and gross of $11,318.10

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BC- Of Note- When the July 2009 payouts came out BTSFuture Editor Mark Brown interviewed former TM Baldwin in 2 separate phone calls…(prev. post) …

Excerpts of Brown’s notes…

In the  interview he was adamant about being paid only what he was owed and incredulous that he was being brought into the fray…He stated the amount “doesn’t sound right”…He was paid “whatever they owed me from accrued vacation and sick leave”… “I wasn’t paid for the 10 weeks. I can’t say what it was.” “Based on accrued leave that was on the books.” “I didn’t get anything I wasn’t entitled to in my contract.” “I did get paid for the days I actually worked. I was coming in weekends” “There is probably paperwork I signed in Lake Worth.” “If you think 12 years, if I got 10,000 a year accumulated leave, it’s nothing. I just happened to be there a long time.” “No other contract.” “Only thing I was entitled to was accrued and sick leave. Maybe a couple weeks of actual pay that can’t be that much. I probably took 2 vacations whole time I was with the Town.” “I didn’t get any severance pay.””If you look it will be documented and to the letter of the contract.” “I didn’t get anything that wasn’t earned. I can’t imagine anything else.” “I can’t believe this is coming up 12 and half years later. I threw this stuff away a year ago.”Whole time I was out there I was out on annual leave.Kept working some days, asked to be reimbursed for the days I worked.Should be a memo in the file. Maybe 10 days for the 10 weeks I was up there.I even went to a commission meeting.””I didn’t take advantage of anything.”

BC- There re some references that fit and some that contradict…In any event…we may never know what amount of money Baldwin was entitled to and what he actually received….Colon, is off the hook for any answers or accountability due to her July 28, 2010 Settlement/Release guaranteed from the “beginning of the world” ..Baldwin’s interview does give us a glimpse of what he considers “nothing” in payout funds…which is why LBTS joins so many other municipalities no longer in the dark when it comes to severance…benefits …. accrued leave….holiday pay and pensions ….making it clear…it’s a very big deal…it’s not “nothing” and it just won’t be tolerated anymore…No “tutelage and guidance” was required by LBTS taxpayers to come to that conclusion in 2010!…

more to come….

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