Monday, February 24, 2020

Wasted time and effort - failing to provide for proper contract terms on a contract costing Palmetto Bay over $160,000 per year plus additional expenses.

Another special council meeting? How many does this make since January 1, 2019? THIRTY-TWO (32) since this current mayor and council took office 14 months ago. And yet this same council cancelled the Committee of the Whole meeting set for last February 18, a time when this item could have been heard, yet it wasn't on the radar of the mayor or council. This would be an example of poor clock management if this was the National Football League.

Don't get me wrong, special Council meetings are needed at times. I called them at times as have  others from 2015-2018, but it seems to many people that there have been more special council meeting over the past 13 months than there had been over the preceding six years. Apparently this council can enact a contract that automatically doubles the salary of a first-time Interim Manager to $160,000 per year, plus expenses, but they need to meet specially when they suddenly discover they don't have a replacement permanent Village Manager in place in less than three months. 

What makes this meeting so special?  CLICK HERE to view the full 8 page agenda. 


3. RESOLUTION WITH PUBLIC COMMENT


Item 3. A.

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE
VILLAGE OF PALMETTO BAY, FLORIDA, AUTHORIZING AN
EXTENSION OF THE EMPLOYMENT AGREEMENT OF GREGORY
TRUITT, INTERIM VILLAGE MANAGER FOR THE VILLAGE OF
PALMETTO BAY; AND PROVIDING AN EFFECTIVE DATE.
(Sponsored by Village Attorney John C. Dellagloria 
and Village Clerk Missy Arocha)
Really? Who prepared the original contract and resolution approving the hire of Interim Manger Truitt? The first agreement was approved at yet another Special Council meeting held on December 6, 2019. A competent agreement could have/should have provided for action at a regular Village Council meeting rather than requiring the time, cost to taxpayers and scheduling aggravation of yet another special council meeting to extend this contract.  

NOTE that the approved agreement is missing a day. This is a leap year - February 2020 ends on February 29, not the 28th, so this initial period fails to even include the entire month (but we have seen time and time again that this is not a detail oriented Mayor or Council)

Why call a special council meeting to take care of an item that could have waited just one day? Sunday, March 1, would be the only day dropped, until the March Regular Village Council meeting of March 2nd.  This is silly. Why did the original agreement not provide for a specified date and then automatically provide for “month-to-month” employment, or better yet, simply “month-to-month” until the hiring of the replacement manager - unless otherwise terminated or modified by the Village Council?

Note that this resolution is sponsored by the Village Attorney and Village Clerk. Perhaps it was one, or both of them who noted this conflict and determined the need for the meeting as this item is not sponsored by any member of the village council - to whom the Interim Manger reports to. This is yet another example of the failure to pay attention to detail by this current Mayor and Council that led to the lapse of the downtown moratorium (and resulting developer rush to the planning department).


ITEMS FOR PUBLIC HEARING: Item 3 A is the only item listed on the agenda. It should therefore be the ONLY item of business discussed. Let’s see if there are any last-minute (a/k/a improperly noticed, or worse), items not noticed for discussion/action heard at this special council meeting.


IMPORTANT: Has the original contract been complied with, specifically section 5, as to the surety bond?

This is another example of this Village being run by special council meetings due to ineffectiveness to complete agendas, or even to read what they are voting on; failure to give thought as to whether the items match up – ending dates that make sense.  Please, don't blame staff, the (current) Interim Village Manager or the Village Attorney (as I stated, they are sponsoring the 'fix'). The Mayor and Council are always kept up to date. Council Members can pick up the phone to call or personally meet with any Charter Officer about any item of concern. 

See section # 4. Council Voting Requirements for the specifics as to what votes and how many are required (page 2 of 4, of the employment agreement).


As stated by Attorney Dexter Lehtinen;  it is the council who votes – and they have the responsibility to listen to what they are told; to read and understand what they are voting on. See the video and prior related post: of October 28, 2019, Village Council Chaos - Interaction with Village Attorney at a council meeting - Village Mayor & Council: You have been told repeatedly. You are the voting body. You have responsibilities of reading and knowing what you are voting on.


PREDICTION: THIS WILL SOON COME HOME TO ROOST IN THE BUDGET


This is a Village Council that cannot stop digging. I can only wait until Mayor Cunningham and company are required to bring forward a significant budget adjustment to correct all the waste and inefficiency and misspending in this current 2020-2021 budget.


FAIR QUESTIONS:


Beginning at Page 1 of the agreement (this is page 1 of 4 of the employment agreement, beginning at page 5 of the 8 page agenda) 1. TERM: - No one had any illusions at the aforementioned special council meeting of December 6, 2019, that the permanent village manager would be selected AND ready to start prior to March 1, 2020. So then why was this contract written in such an inartful manner as to require a special council meeting? It could have simply gone month to month, or for a date that allowed for action at a regular council meeting - or even (horrors!) someone known at the time of the February Regular Village Council meeting that an extension would be required (do they even have any candidates for the full time manager under consideration at this time?)


Read your materials council members!


2. COMPENSATION: Some may have thought that this interim manager was earning a "starting salary" of $80,000 "per annum" (which usually means 'per year'). But read the details. 

The $80,000.00 annual salary was only from his initial date of hire (12/06/2019) to January 15, 2020.  The interim manager's salary doubled to $160,000.00 effective January 15, 2020, or slightly more than one month ago. 


We all should question why an $80,000.00 raise automatically occurred without any review by the Village Council, yet the Village Council is somehow required to hold a special council meeting to approve a simply  extension of this agreement. It was no secret that a permanent would not be in place by March 2020.


It just keeps getting better. ....


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