Minutes for February 27,
2007
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DRAFT
Board of Trustees
Workshop – Community Manager’s Contract
Tuesday, February 27, 2007
4:00 p.m. – Building D&E
The Barefoot Bay Recreation District held a workshop on February 27, 2007 in Building D&E, Barefoot Bay, Florida. Chairman John Keegan called the meeting to order at 4:00 p.m.
Mr. Keegan began by explaining the purpose of the workshop was to discuss the Community Manager’s duties and the responsibilities of the Trustees. Each Trustee was given a copy of Tibby Parker’s job description. Ms. Parker was the last community manager to have a job description, and it was meant only as a starting point. The Trustees roles will be discussed next, then Ms. Daddario’s employment agreement. Mr. Keegan also wished to discuss the Rules and Regulations for Trustees. The Rules and Regulations were written in 2001 and work shopped in 2003 but not passed. Mr. Keegan directed the item be placed on the agenda for the first meeting in March (3/9/07).
Roll Call
Ms. McCahan called the roll. All trustees were present.
Ms. Donahue commented she didn’t see anything wrong with the job description. Ms. Weglein felt that the education requirement should include government experience. Ms. Daddario commented “fund accounting experience” would be more appropriate as it indicates government and not-for-profit. Mr. Keegan asked if a Master’s Degree should be required. Ms. Daddario responded that at the moment a Bachelor’s, which is minimum, is already required. Most positions of this kind require an MBA. Ms. Weglein and Mr. Keegan requested Ms. Daddario to reword “it”.
Mr. Bleau reminded the Board that Mr. Torpy suggested the Board establish policies concerning the community manager’s new job description and asked if it were to be done by resolution. Mr. Keegan responded he had not heard it should be done by resolution. Mr. Bleau commented the work shop was “redundant” since the contract had been written by the Torpy Group. Mr. Keegan responded the employment agreement before the Board was based on the legal group’s framework, but contained changes particular to Ms. Daddario.
Ms. McCahan asked if the community managers had ever been given “job related tests”. Ms. Donahue asked if the rest of the employees have job descriptions. Ms. Daddario replied, “Yes.” Then she added that she had been under very severe test conditions for the past four months. The Board decided to leave in the reference to “may be given job related tests”.
Mr. Keegan read from the November 10, 2006 minutes regarding Mr. Torpy’s perception of Board responsibilities towards the Community Manager. (Exhibit A) Mr. Ferris explained his liaison position in regard to RV storage requires him to have direct contact with employees. Ms. Weglein responded the intent has been to keep Board members from directing employees. The policy should state this intent rather than saying Board members must refrain from any communication with employees. Ms. Daddario commented that while she does not always know all the answers, “her people do”. It wouldn’t make sense for Board members to route every question through the Community Manager. Ms. Weglein pointed out that existing or potential problems are brought to the Community Manager. Mr. Klosky concurred.
Mr. Keegan directed the discussion towards another area of Trustee responsibility, the budget. Mr. Bleau reiterated his opinion that the work shop is redundant. He said Ms. Daddario has not done anything yet with the next budget. Whereas the Board is going to sit down with Ms. Daddario when the time comes to formulate the next budget. Mr. Bleau commented the Board might write policy as they go along based on real-time events. Ms. Weglein felt the purpose of the workshop is only the Community Manager’s contract; the Board should go over procedures, but Board policy making and writing should be separate. Ms. Daddario mentioned that she is currently working on the budget for the year 2007. Everything she does is within the guidelines of that budget. The authority the Community Manager has to move line item expenses is spelled out in previous financial management letters and statements. Ms. Daddario said that didn’t mean she would move capital funds without bringing it to the Board. Ms. Daddario asked Mr. Bleau if he was referring to her authority in a budget. Mr. Bleau responded that is what he had been referring to.
Mr. Keegan said he felt the Board was capable of making those decisions without the aid of attorneys. The Board should move on and make their own decisions regarding issues within their expertise and authority. Mr. Ferris concurred that the liaisons could work shop their own areas of responsibility and present issues to the Board in that capacity. Mr. Ferris stated he has thoroughly perused the Rules and Regulations, and he feels the Board should start abiding by them accordingly. Mr. Keegan concurred with rotating chairpersons in the workshops, and to simply keep in mind all of them must be public meetings. Mr. Bleau said this was done when Tibby Parker was Community Manager; the Chairman of the Board opened the meeting, then turned it over to the liaison who requested the work shop. During budget work shops, the Community Manager was liaison chair of the meeting.
Mr. Allan agreed that at the majority of work shops the Board did not need a lawyer. Mr. Ferris asked if Deputy State’s Attorney Holmes, during the Sunshine Law meeting of February 9, 2007, expressed the idea the Board should operate under Robert’s Rules of Order. Mr. Keegan responded Mr. Holmes was under the impression the Board was already operating under Robert’s Rules. Mr. Torpy explained why not. Mr. Ferris asked Mr. Keegan if he, or any of the other Trustees, felt using Robert’s Rules was possible for this Board. Ms. McCahan commented that at one meeting, the Board adopted Robert’s Rules. At the next meeting, Mr. Torpy commented ‘Folks, you have just opened up a Pandora’s box because Robert’s Rules are so strict’. Robert’s Rules are difficult to follow. Ms. McCahan explained that the Board follows Robert’s Rule without the encumbrances. The Board made a new motion to abandon Robert’s Rules in their formal structure. Mr. Torpy felt the Board was running quite well without them.
Ms. Weglein polled many cities and municipalities at that time, and there was not one of them that went strictly by Robert’s Rules. Mr. Keegan requested the Board discuss the existing Rules and Regulations for the Trustees at the first meeting in March.
Mr. Allan asked if there were specific things the Chairman expected from him in his role as liaison to the Code Enforcement department and the Violations Committee. Mr. Allan was under the impression as liaison that if they needed him, they’d contact him. If information needed to go the other way, Mr. Allan would contact them. He has been to a Violations Committee meeting. He does not feel it’s necessary to attend every one of them. Mr. Allan said the Violations Committee is one of the best run operations he’s ever seen. He gets information from meeting minutes and information Code Enforcement brings to that meeting. Mr. Keegan concurred with Mr. Allan that his involvement was his own affair, and that Mr. Allan was covering his responsibilities.
Ms. Donahue felt much the same. Many of the issues with the pools are being handled by the Community Manager and getting done in a timely manner, so Ms. Donahue does not need to be so involved as she might have been. Mr. Keegan commented this was, perhaps, why the liaisons were created before Grace. Ms. Donahue concurred.
Ms. Daddario’s Employment Agreement
Mr. Keegan explained Ms. Daddario’s contract had evolved from the document written by the Torpy Group that was presented to her when she was hired as the Interim Manager in October 2006. It was rewritten last month for the extension of the interim agreement. Mr. Keegan commented he took it to Mr. Torpy last month for review, but that meeting resulted in no contract for Ms. Daddario. Because of that, Mr. Keegan felt the Trustee’s could handle the matter themselves.
Mr. Bleau commented that under Employee’s duties and restrictions section 4.1, it’s always been that way. Section 4.3 has always been “that way”. Section 4.5, states the objectives of the Board. Mr. Bleau feels the contract the way it is stated is “the way it is”, the way it has been, and Ms. Daddario is already conducting the budget process according to stated financial procedures since October. The residents will, and the Board can, attest that many of the projects (objectives) set forth by the Board in the past have been completed by Ms. Daddario rather than George Hunt. Ms. Daddario has been on top of everything. Mr. Bleau mentioned that in a meeting with Ms. Daddario he had asked her to put the handicap door in Building A. She said, “Mr. Bleau where have you been? That door’s been there for two weeks.” Mr. Bleau referenced Item 9 which says employer shall provide adequate office space and other assistance and equipment. Mr. Bleau feels this should include a designated parking spot for the Community Manager. Mr. Keegan concurred.
Ms. McCahan questioned where in the contract it says Ms. Daddario will be writing bids and grants. Ms. McCahan feels that capacity should be written into the contract. Ms. Daddario commented when a bid needed to be written, the District employs an engineering firm. Bid writing is a service the engineering firm provides. Grant writing is a specialty field; grant writers are generally free lancers who are hired for a specific grant objective. Mr. Bleau inquired of Ms. Voltz about grants regarding managing storm runoff. Ms. Voltz advised Mr. Bleau to contact Peggy Bussaka (sp.) in the Manager’s office. Regarding county easements within the Bay, Brevard County would write the grant. Mr. Bleau used this as an example of why the Community Manager would not be involved in writing a grant.
Ms. Weglein commented she was “under the impression” the contract would be for one year. Ms. Weglein questioned the increase in salary over what Mr. Hunt had been paid. Ms. Weglein mentioned “petitions” that had been circulated in the community; Mr. Keegan said he knew nothing about petitions, or what that had to do with Board business. Ms. Weglein voiced concerns about Mr. Hunt’s contract and how hard it had been to remove him. Mr. Keegan commented Ms. Daddario’s contract was very different, including as it does that the Board or Ms. Daddario can give 30 days notice to terminate it. ICMA guidelines state that a time frame of less than two years is ineffective at the Community Manager level. Ms. Weglein asked that whatever salary the Board agrees on should be paid retroactive to October 2006. Mr. Ferris commented he would bring that up for voting at the regular meeting to follow the workshop. Mr. Keegan commented the dollar amount is the one Mr. Hunt was making in 2005. Ms. Weglein commented Mr. Hunt was making $80,000 a year. Mr. Keegan replied that when he looked at Mr. Hunt’s W-2, the dollar amount was much higher than $80,000. The amount in Ms. Daddario’s current contract is based on what Mr. Hunt actually was receiving according to the W-2. Mr. Keegan commented the Fellsmere Community Manager is making $100,000 a year with half the population of Barefoot Bay. Ms. Weglein commented Barefoot Bay is not an incorporated city with Public Works, roads and other features that get more money in the private sector.
Mr. Allan commented compensation is usually directly related to experience. Mr. Allan said Ms. Daddario has done a great job in the last four months, but the reality is that she has not held a community manager position before. Mr. Allan favors a one-year contract and agreed it could be at $84,000. Mr. Allan said he would not vote for a two year contract in the amount of $84,000 “at this next meeting.” Ms. Weglein said she did not disagree with a two year contract, but it “was decided by the petitions that came in that it was one year.” Mr. Allan reiterated his stance that two years is too long.
Ms. Daddario commented she is not acting solely as Community Manager. She is the Financial Manager and the Community Manager, which is why she has spent the time she has working on financial statements. “If I was solely Community Manager, this job would be a walk in the park.” She urged the Board to keep that in mind when discussing her compensation. Mr. Allan commented to Ms. Daddario that he felt she was worth the compensation. He does not agree with the two year time frame as a caution. “After that, let’s go for it.”
Mr. Ferris reminded the Board the Bay is a special district. He said the Board would be hard pressed to find anyone with experience as a Community Manager in a special district. Mr. Ferris mentioned there are many factors that do not play into a job performance review, such as sensitivity to the community’s needs, an open door policy. Mr. Ferris commented Mr. Hunt did not have a true open door policy. Ms. Daddario’s open door policy has led to “great” communication. These things are not measurable, but they are important.
Ms. McCahan felt the Board needed to show Ms. Daddario a “vote of confidence” by making the contract for two years. Ms. McCahan pointed out the contract “has an out”. Ms. Donahue asked if Ms. Daddario exceeds expectations during the two years, does she get a raise? Mr. Keegan replied the Trustees would have to vote on that. Ms. Weglein commented the job performance review once a year is the opportunity for a raise.
Mr. Keegan pointed out that 6 months ago the Board was prepared to spend $50,000 on an IT person, but “she’s doing all that” and the Board didn’t have to hire one. That’s a savings. Ms. Weglein commented she was disturbed to find out “at this point” that the Board was paying George Hunt‘s insurance. Ms. McCahan remembered that at the end of Mr. Hunt’s first year the Board discussed putting Mrs. Hunt on his insurance policy for an additional $400 a month. Mr. Bleau commented the $400 Mr. Bolon brought up was never approved.
Mr. Malek took his seat at 5:02 p.m. He commented the work shop is about an employment contract, “if you so choose to do one. As we discussed last time, we don’t know that you need to do a contract or not. The big thing we wanted out of the work shop was for the Board to try to set forth some sort of expectations and give Grace some specific instructions.”
Mr. Allan asked if Ms. Daddario keeps a list of day to day activities that she does. Mr. Keegan responded her job is a “keen jerk reaction to the community plus finances”. Ms. Daddario said, “I actually have specific projects that I work, and most of them are directed from the Board on a day to day basis. Plus, I have the budget issues, and my main focus has been the financial statements. It’s a very reactionary type position. I put out fires all day long: there’s a fire in the parking lot, a key stuck in the pier padlock, broken glass all over the pier, the lights are out in Building A, . . . . . . . . .” It’s a matter of finding which of the 80 “people” can be found to fix things in a hurry. Ms. Daddario said she took care of business as it happens because most of it doesn’t fit into a job description. She said she tries to get done everything “on the list”.
Mr. Keegan explained to Mr. Malek that prior to his arrival the Board discussed a job description for Ms. Daddario which was a reframing of Tibby Parker’s job description. Mr. Malek commented the second portion we were concerned about was an employment contract.
Mr. Malek: This Board can, of course, choose to do whatever they want to do, but we didn’t . . . . . . in the past a lot of the people you brought on as your community managers required contracts because they relocated from around the state. Mr. Malek commented that the Torpy Group has worked for the Bay since 1999 without a contract. “You might want to not lock the Bay down. Again, the problem we had with George Hunt.”
Ms. Donahue asked who wrote up this contract [indicating Ms. Daddario’s contract]. Mr. Keegan responded the framework was done by the Torpy Group. Grace Daddario made changes, and the contract was brought before the Trustees. Ms. McCahan commented on page 1 of 6, Section 2.2, is a description of the community manager’s duties. Ms. McCahan commented the past community managers did not perceptually understand the job as well as Grace does.
Ms. Daddario: I know that Mr. Malek has mentioned that it wasn’t necessarily required that you have a contract, but I personally, if it were my community, would not want the person in this position to have the ability to walk out because they’ve “had enough today”. Sorry guys. You’re on your own. Without being obligated to give you at least a 30 day notice, without your being able to have some recourse . . . . . . . .As far as I can tell, this is still an at-will employment state. And as such, unless there’s something legal and in writing, I can walk out.
Mr. Keegan responded that he did not know of many potential community managers who would “come in here” and work where they could be terminated without cause in 30 days. Mr. Malek said his main comment was directed towards the problems the Board had with the previous community manager. He [Mr. Hunt] not resigned, the Bay would have to have paid him a year’s salary. Mr. Malek suggested a new contract not contain the words “no cut”. Mr. Keegan asked Mr. Malek his thoughts on two years versus one year. If the Board is only looking for 30 days notice if Ms. Daddario chooses to resign, just put that in writing.
Ms. Daddario : Excuse me. As legal counsel you believed this contract was important as an interim position. You provided that contract to us.
Mr. Malek: At the direction of the Board. You gotta’ get that fact straight.
Ms. Daddario : Alright. It’s my understanding a month ago they gave you a direction to prepare a contract for me as well.
Mr. Malek: Exactly. We’re here in this meeting, and when we leave this meeting we will do whatever the Board tells us to do, always. As legal counsel, our job is to provide the Board with legal advice. The last time we had a legal issue with this, we ran up attorney’s fees trying to figure out how to get the Board out of the previous contract, and luckily it didn’t come to that. My job as your legal counsel is to provide you legal advice to keep you out of that problem later on. And that’s all I’m doing. I have no direction for the Board. The Board is to make their own decision on this kind of thing. If the Board tells me, leave this meeting and go give Grace a contract with XYZ, I will write that exact contract for you.
Ms. Weglein: Going back to last year with Mr. Hunt. Mr. Hunt went up to the attorney and tried to talk to you about his contract. I didn’t think that was right. We were billed for that. We, the District, were billed for something that was really personal for Mr. Hunt. I really feel that as our attorneys, I would have thought you’d have told him he should get his own attorney to look at it, not our attorneys. You are responsible to all of us.
Mr. Malek: Miss Wilma, you’re exactly right, and that’s exactly what happened. George came to us and said what he wanted to do was start to negotiate for the Bay to buy him out of the contract. We would never advise anyone against the Bay. That’s never happened. When George came to us and said, “I think you need to make an offer from Barefoot Bay to buy me out of my contract”, that’s when we have to start representing this Board. On an employment issue like that. And that’s what we don’t want to see happen again.
Mr. Bleau commented that in 2005 Mr. Hunt made at least 4 different applications to different municipalities. At that time, the sitting Board should have fired him because he breached his contract. Now that he has resigned, we let him go for his purposes. Prior to resigning Mr. Hunt had signed an employment contract with Palm Bay. Mr. Bleau turned the discussion back to Ms. Daddario’s contract.
Mr. Allan said he was getting the impression Ms. Daddario’s contract had not been reviewed by the attorney. Mr. Keegan said the attorney drew it up except for the amount and the retroactive clauses. Mr. Allan asked if those were the only differences. Mr. Malek commented this was essentially Mr. Hunt’s old contract with some revisions. Ms. Daddario commented the contract before the Board is the interim contract with some revisions, not Mr. Hunt’s contract.
Ms. McCahan commented “this is essentially the contract she signed as interim manager, so we can get George out of the picture.” Mr. Keegan concurred.
Comments from the Audience
Pat Clark objected that the Board was still talking about George Hunt. “He’s a loser, he’s gone, let him be. Thank you, Grace, for being there and you were excellent when I needed the help.”
Susie White told Mr. Malek the meeting started at 4, not 5. “We did go through some bad managers, and kinda’ you got what you paid for.” Mr. Hunt didn’t have a financial background. He didn’t know governmental law. These are the things Grace brings to you. Ms. White pointed out that Mr. Hunt paid Dan Morgan $45,000 with no experience whatever as a financial person. Ms. White cautioned the Board that now the Bay has someone really good, they’d best not chance it walking away. Ms. White objected to the Board asking Mr. Malek about decisions they should be making themselves.
Mr. Malek apologized to the Board and the entire community. He said the notice he got said 5 p.m. Ms. Donahue wanted the attorney to read Ms. Daddario’s contract. Mr. Keegan replied he didn’t think that was required. He suggested Ms. Donahue could make that motion in the regular meeting if she chose. Mr. Keegan commented “their firm wrote it”. Mr. Malek commented if the wording had been changed, the legal office would not stand behind it.
Ms. Daddario commented in the original contract the attorney does state that it was prepared by them, and she took that statement out of it.
Adjournment
Mr. Bleau made a motion that the meeting adjourn. Second Ms. Weglein Mr. Keegan commented the Board would break until 7 p.m. when the regular meeting would begin. The work shop adjourned at 5:23 p.m.
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