Women working for St. Johns County Administrator MICHAEL DAVID WANHCIK reported his sexism, misogyny and fat-shaming behavior.
WANCHICK concealed the ladies' concerns from the public.
Demanding a quick vote on his contract renewal, WANHIK concealed the ladies' concerns.
On May 20, 2019, discussion of renewal of WANCHIK's contract is the very last item on the agenda, item number 12. It will not come up until late in the day.
Hired to write an exculpatory report, an Orlando employer defense attorney, MICHAEL J. ROPER, interviewed witnesses, destroyed his notes, did not take affidavits or video of statements, and recomended changes in HR policies and training.
Both St. Johns County MICHAEL WANCHIK and his PR flak, MICHAEL RYAN, refused to attend the training resulting from the Roper report.
Here are the minutes of the January 17, 2017 St. Johns County Board of County Commissioners meeting on WANCHIK's contract renewal:
(01/17/17 - 12 - 10:39 a.m.)
1. PROFESSIONAL SERVICES CONTRACT-COUNTY ADMINISTRATOR. THE
EFFECTIVE TERM OF THE COUNTY ADMINISTRATOR'S CURRENT PROFESSIONAL SERVICES AGREEMENT EXPIRES ON JULY 30, 2017. THE AGREEMENT WILL AUTOMATICALLY RENEW UNLESS THE BOARD PROVIDES A WRITTEN NOTICE OF TERMINATION TO THE COUNTY ADMINISTRATOR BY NO LESS THAN 180 DAYS PRIOR TO THE EXPIRATION DATE. AS DIRECTED BY THE BOARD DURING ITS LAST REGULARLY SCHEDULED MEETING, A PROPOSED, REVISED DRAFT OF THE AGREEMENT IS PROVIDED FOR REVIEW AND DISCUSSION
(10:41 a.m.) Ross presented an overview of the contract, including proposed options for the Board, via PowerPoint. The options included 1) if no action was taken, the existing agreement would renew for a two year-term, with the renewed agreement subject to statutory provisions regarding severance; 2) if the Board chose to provide written notice to terminate, the existing agreement would end July 30, 2017; 3) the Board may choose to revise the existing agreement, with an effective date of July 31, 2017, which would require mutual consent by the Board and the County Administrator, with the revised agreement subject to statutory provisions regarding severance, effective July 31, 2017; 4) if the Board revised the agreement effective today, or any time prior to the expiration date of the existing contract it would also require mutual consent by the Board and the County Administrator, with the revised agreement subject to statutory provisions regarding severance; or 5) if the Board chose to revise the existing agreement, reducing the 180 day written notice requirement, with mutual consent by the Board and the County Administrator, allowing for additional time for consideration and the matter may be presented again at a future meeting. She noted that any modifications or revisions to the existing agreement would be subject to statutory provisions regarding severance, with the exception of the written notice of termination, where the contract would expire un-amended.
1. PROFESSIONAL SERVICES CONTRACT-COUNTY ADMINISTRATOR. THE
EFFECTIVE TERM OF THE COUNTY ADMINISTRATOR'S CURRENT PROFESSIONAL SERVICES AGREEMENT EXPIRES ON JULY 30, 2017. THE AGREEMENT WILL AUTOMATICALLY RENEW UNLESS THE BOARD PROVIDES A WRITTEN NOTICE OF TERMINATION TO THE COUNTY ADMINISTRATOR BY NO LESS THAN 180 DAYS PRIOR TO THE EXPIRATION DATE. AS DIRECTED BY THE BOARD DURING ITS LAST REGULARLY SCHEDULED MEETING, A PROPOSED, REVISED DRAFT OF THE AGREEMENT IS PROVIDED FOR REVIEW AND DISCUSSION
(10:41 a.m.) Ross presented an overview of the contract, including proposed options for the Board, via PowerPoint. The options included 1) if no action was taken, the existing agreement would renew for a two year-term, with the renewed agreement subject to statutory provisions regarding severance; 2) if the Board chose to provide written notice to terminate, the existing agreement would end July 30, 2017; 3) the Board may choose to revise the existing agreement, with an effective date of July 31, 2017, which would require mutual consent by the Board and the County Administrator, with the revised agreement subject to statutory provisions regarding severance, effective July 31, 2017; 4) if the Board revised the agreement effective today, or any time prior to the expiration date of the existing contract it would also require mutual consent by the Board and the County Administrator, with the revised agreement subject to statutory provisions regarding severance; or 5) if the Board chose to revise the existing agreement, reducing the 180 day written notice requirement, with mutual consent by the Board and the County Administrator, allowing for additional time for consideration and the matter may be presented again at a future meeting. She noted that any modifications or revisions to the existing agreement would be subject to statutory provisions regarding severance, with the exception of the written notice of termination, where the contract would expire un-amended.
01/17/17 BOARD OF COUNTY COMMISSIONERS REGULAR MEETING Page 12
(10:45 a.m.) McCormack emphasized that if the Board took no action under the existing contract, consequences would result. Discussion ensued regarding the options and the statutory requirements.
(10:49 a.m.) Ross stated that the packet included a first draft agreement and said there were changes she would like to recommend. She said the agreement included the severance pay, which amounted to 20 weeks of compensation at the rate of when the contract was terminated; payment for accrued unused vacation and sick leave; group insurance coverage; and that the county administrator would not be entitled to any severance pay, if terminated for reasons that constituted misconduct, as defined in the Statute. Therefore, Ross suggested changing the word “cause” to “misconduct” and the definition of “cause” be stricken from the agreement. She reviewed the requested revisions by the Board, including, allowing the term of the agreement to be 2 1⁄2 years from a designated effective date, revising the requirement of a super majority to just a majority vote to modify the term of renewal. She requested direction regarding the accrual of vacation and sick leave and the payout upon termination, as well as executive benefits.
(10:56 a.m.) McCormack suggested just having an ending date rather than stating a certain number of years.
(10:57 a.m.) Johns stated that the first action may be to decide whether or not to renew the contract or provide notice of termination of the contract, prior to any changes to the contract.
(10:57 a.m.) Smith recommended termination of the contract and explained his reasons for the recommendation, including financial compensation, vacation accrual, and general benefits, Exhibit A. He spoke on trust issues.
(11:11 a.m.) Morris commented on Wanchick’s management abilities, compensations, and read language from an article in the St. Augustine Record, Exhibit B, regarding Wanchick through the recession. He spoke on vacation and sick leave.
(11:17 a.m.) Dean spoke on the professionalism Wanchick had portrayed during Hurricane Matthew and stated that he would not support a termination.
(11:20 a.m.) Waldron voiced his concerns with the contract, concerns from the public, and said he would like more time to re-negotiate the contract.
(11:22 a.m.) Johns requested staff clarify the requested contract changes prior to requesting a decision on a renewal of the contract. He said Wanchick should be included in the discussion to determine whether he wanted the contract renewed, with the contract changes.
(11:24 a.m.) Mary Kohnke, 29 South Roscoe Boulevard, spoke on Wanchick’s accomplishments during the recession and recommended renewing his contract.
(11:27 a.m.) Tom Reynolds, 880 A1A Beach Boulevard, spoke in support of extending Wanchick’s contract, commended Smith for initiating the needed changes, and remaining transparent.
(11:31 a.m.) Ed Slavin, P O Box 3084, commended Smith for addressing necessary issues in the administrator’s contract. He spoke in opposition of extending the administrators contract, voiced his concern with Wanchick’s performance, and displayed an article from The St. Augustine Record, regarding Wanchick, Exhibit C.
(10:49 a.m.) Ross stated that the packet included a first draft agreement and said there were changes she would like to recommend. She said the agreement included the severance pay, which amounted to 20 weeks of compensation at the rate of when the contract was terminated; payment for accrued unused vacation and sick leave; group insurance coverage; and that the county administrator would not be entitled to any severance pay, if terminated for reasons that constituted misconduct, as defined in the Statute. Therefore, Ross suggested changing the word “cause” to “misconduct” and the definition of “cause” be stricken from the agreement. She reviewed the requested revisions by the Board, including, allowing the term of the agreement to be 2 1⁄2 years from a designated effective date, revising the requirement of a super majority to just a majority vote to modify the term of renewal. She requested direction regarding the accrual of vacation and sick leave and the payout upon termination, as well as executive benefits.
(10:56 a.m.) McCormack suggested just having an ending date rather than stating a certain number of years.
(10:57 a.m.) Johns stated that the first action may be to decide whether or not to renew the contract or provide notice of termination of the contract, prior to any changes to the contract.
(10:57 a.m.) Smith recommended termination of the contract and explained his reasons for the recommendation, including financial compensation, vacation accrual, and general benefits, Exhibit A. He spoke on trust issues.
(11:11 a.m.) Morris commented on Wanchick’s management abilities, compensations, and read language from an article in the St. Augustine Record, Exhibit B, regarding Wanchick through the recession. He spoke on vacation and sick leave.
(11:17 a.m.) Dean spoke on the professionalism Wanchick had portrayed during Hurricane Matthew and stated that he would not support a termination.
(11:20 a.m.) Waldron voiced his concerns with the contract, concerns from the public, and said he would like more time to re-negotiate the contract.
(11:22 a.m.) Johns requested staff clarify the requested contract changes prior to requesting a decision on a renewal of the contract. He said Wanchick should be included in the discussion to determine whether he wanted the contract renewed, with the contract changes.
(11:24 a.m.) Mary Kohnke, 29 South Roscoe Boulevard, spoke on Wanchick’s accomplishments during the recession and recommended renewing his contract.
(11:27 a.m.) Tom Reynolds, 880 A1A Beach Boulevard, spoke in support of extending Wanchick’s contract, commended Smith for initiating the needed changes, and remaining transparent.
(11:31 a.m.) Ed Slavin, P O Box 3084, commended Smith for addressing necessary issues in the administrator’s contract. He spoke in opposition of extending the administrators contract, voiced his concern with Wanchick’s performance, and displayed an article from The St. Augustine Record, regarding Wanchick, Exhibit C.
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(11:34 a.m.) Marcie Skinner, 961 Lawhon Drive, spoke on her interactions with Wanchick and supported extending the contract.
(11:38 a.m.) Jim Triola, 100 PGA Tour Boulevard, spoke on the strong relationship and trust between Wanchick and the PGA Tour and supported extending his contract.
(11:41 a.m.) Patty Greenough, 5 Marilyn Avenue, spoke on her relationship with Wanchick, his leadership team, and the Health and Human Services (HHS) Department. She supported extending the administrators contract.
(11:43 a.m.) Sheriff David Shoar, thanked the Board, shared some of Wanchick’s attributes, and requested extending his contract.
(11:49 a.m.) Lynn Schumacher, 2420 Kacie Lane, thanked Smith for his research and added that sometimes a fresh perspective was good.
(11:50 a.m.) Richard Smith, 61 Magnolia Dunes Circle, spoke on Wanchick’s attributes and supported extending his contract.
(11:51 a.m.) Vernon Kelley, 5895 CR 214, spoke on Wanchick’s leadership and supported extending his contract.
Waldron left the meeting at 11:51 a.m.
(11:54 a.m.)Bill Jones, 207 Woodland Avenue, spoke on Wanchick’s attributes and supported extending his contract.
(11:57 a.m.) BJ Kalaidi, 8 Newcomb Street, spoke on suggested changes to the contract and requested to terminate the contract.
(12:00 p.m.) Rachael Bennett, spoke on Wanchick’s consistency, experience, and professionalism. She noted that fresh perspectives came with the new faces on the commission.
(12:04 p.m.) Bill Dudley, Chairman of the Veterans Council, spoke on Wanchick’s attributes and supported extending his contract.
Waldron returned to the meeting at 12:04 p.m.
(12:06 p.m.) Ray Quinn, 1097 Winterhawk Drive, spoke on Wanchick’s attributes and supported extending his contract.
(12:09 p.m.) Dick Williams, 193 Plantation Circle South, voiced his opinion on the concerns before the Board and spoke in support of renewing the contract.
(12:12 p.m.) Ellen Whitmer, 1178 Natures Hammock Road South, spoke in support of extending the administrator’s contract; however, felt the terms needed to be reviewed and was opposed to an automatic renewal.
(12:14 p.m.) Ron Sanchez, 724 CR 13 South, spoke on the salary concerns and supported renewing the administrator’s contract.
(12:17 p.m.) Johns suggested the discussion proceed in the order of the concerns, which were compensation and clarification of the value of sick and vacation leave, whether the contract was renewed or not renewed.
(11:38 a.m.) Jim Triola, 100 PGA Tour Boulevard, spoke on the strong relationship and trust between Wanchick and the PGA Tour and supported extending his contract.
(11:41 a.m.) Patty Greenough, 5 Marilyn Avenue, spoke on her relationship with Wanchick, his leadership team, and the Health and Human Services (HHS) Department. She supported extending the administrators contract.
(11:43 a.m.) Sheriff David Shoar, thanked the Board, shared some of Wanchick’s attributes, and requested extending his contract.
(11:49 a.m.) Lynn Schumacher, 2420 Kacie Lane, thanked Smith for his research and added that sometimes a fresh perspective was good.
(11:50 a.m.) Richard Smith, 61 Magnolia Dunes Circle, spoke on Wanchick’s attributes and supported extending his contract.
(11:51 a.m.) Vernon Kelley, 5895 CR 214, spoke on Wanchick’s leadership and supported extending his contract.
Waldron left the meeting at 11:51 a.m.
(11:54 a.m.)Bill Jones, 207 Woodland Avenue, spoke on Wanchick’s attributes and supported extending his contract.
(11:57 a.m.) BJ Kalaidi, 8 Newcomb Street, spoke on suggested changes to the contract and requested to terminate the contract.
(12:00 p.m.) Rachael Bennett, spoke on Wanchick’s consistency, experience, and professionalism. She noted that fresh perspectives came with the new faces on the commission.
(12:04 p.m.) Bill Dudley, Chairman of the Veterans Council, spoke on Wanchick’s attributes and supported extending his contract.
Waldron returned to the meeting at 12:04 p.m.
(12:06 p.m.) Ray Quinn, 1097 Winterhawk Drive, spoke on Wanchick’s attributes and supported extending his contract.
(12:09 p.m.) Dick Williams, 193 Plantation Circle South, voiced his opinion on the concerns before the Board and spoke in support of renewing the contract.
(12:12 p.m.) Ellen Whitmer, 1178 Natures Hammock Road South, spoke in support of extending the administrator’s contract; however, felt the terms needed to be reviewed and was opposed to an automatic renewal.
(12:14 p.m.) Ron Sanchez, 724 CR 13 South, spoke on the salary concerns and supported renewing the administrator’s contract.
(12:17 p.m.) Johns suggested the discussion proceed in the order of the concerns, which were compensation and clarification of the value of sick and vacation leave, whether the contract was renewed or not renewed.
01/17/17 BOARD OF COUNTY COMMISSIONERS REGULAR MEETING Page 14
(12:19 p.m.) Ross stated that as to sick leave, staff could strike the language in the draft and provide alternative language to clarify the accrual and payout intensions.
(12:19 p.m.) McCormack clarified that the issue was with vacation accrual and payout and stated that the language “without limit” would bind the County to the full accrued hours.
(12:21 p.m.) Smith stated that language read one way, yet staff relayed a different meaning.
(12:22 p.m.) McCormack clarified the language “without limit” based on the accrual of vacation time.
(12:28 p.m.) Wanchick agreed that the language was questionable and stated he would agree to language changes to conform to standard County benefits.
(12:35 p.m.) Discussion ensued on salary and the language, regarding an accidental death policy.
(12:38 p.m.) Ross stated that the original contract stated “accidental death”; however, the policy had been updated to read “accidental death and dismemberment”. Discussion ensued on the updated language.
(12:40 p.m.) Smith addressed the open ended statement, regarding annual adjustments of Deferred Compensation. Wanchick agreed that the language “adjusted annually” could be stricken from the contract.
(12:43 p.m.) Waldron questioned the automatic two year renewal. Morris emphasized that the Board controlled whether or not the contract automatically renewed. Discussion ensued on the automatic renewal provision. Waldron recommended removing the “automatic renewal” provision.
(12:48 p.m.) Ross clarified that the current contract would expire; they would remove the language “automatic renewal”; and add a provision that required Board approval for renewal. Discussion ensued on the renewal language.
(12:52 p.m.) McCormack noted that the contract in the agenda packet was from 2009 and there had been updates since that date. Ross briefed the Board on those changes.
(12:56 p.m.) McCormack recommended direction from the Board and then recessing the meeting, in order for staff to make the requested revisions.
(12:56 p.m.) Motion by Smith, seconded by Waldron, carried 2/3, with Dean, Johns, and Morris dissenting, to terminate the Professional Services Agreement, as submitted.
(12:57 p.m.) Morris said moving forward, the contract needed to be clear and correct.
(12:58 p.m.) Ross questioned the effective date of the new contract.
(12:58 p.m.) Motion by Dean, to offer Wanchick a 2.5 year contract, commencing July 31, 2017, and would incorporate the changes discussed, scheduled to expire December 31, 2019.
(12:59 p.m.) Morris questioned whether the expiration date should be January 31, 2020.
(12:19 p.m.) McCormack clarified that the issue was with vacation accrual and payout and stated that the language “without limit” would bind the County to the full accrued hours.
(12:21 p.m.) Smith stated that language read one way, yet staff relayed a different meaning.
(12:22 p.m.) McCormack clarified the language “without limit” based on the accrual of vacation time.
(12:28 p.m.) Wanchick agreed that the language was questionable and stated he would agree to language changes to conform to standard County benefits.
(12:35 p.m.) Discussion ensued on salary and the language, regarding an accidental death policy.
(12:38 p.m.) Ross stated that the original contract stated “accidental death”; however, the policy had been updated to read “accidental death and dismemberment”. Discussion ensued on the updated language.
(12:40 p.m.) Smith addressed the open ended statement, regarding annual adjustments of Deferred Compensation. Wanchick agreed that the language “adjusted annually” could be stricken from the contract.
(12:43 p.m.) Waldron questioned the automatic two year renewal. Morris emphasized that the Board controlled whether or not the contract automatically renewed. Discussion ensued on the automatic renewal provision. Waldron recommended removing the “automatic renewal” provision.
(12:48 p.m.) Ross clarified that the current contract would expire; they would remove the language “automatic renewal”; and add a provision that required Board approval for renewal. Discussion ensued on the renewal language.
(12:52 p.m.) McCormack noted that the contract in the agenda packet was from 2009 and there had been updates since that date. Ross briefed the Board on those changes.
(12:56 p.m.) McCormack recommended direction from the Board and then recessing the meeting, in order for staff to make the requested revisions.
(12:56 p.m.) Motion by Smith, seconded by Waldron, carried 2/3, with Dean, Johns, and Morris dissenting, to terminate the Professional Services Agreement, as submitted.
(12:57 p.m.) Morris said moving forward, the contract needed to be clear and correct.
(12:58 p.m.) Ross questioned the effective date of the new contract.
(12:58 p.m.) Motion by Dean, to offer Wanchick a 2.5 year contract, commencing July 31, 2017, and would incorporate the changes discussed, scheduled to expire December 31, 2019.
(12:59 p.m.) Morris questioned whether the expiration date should be January 31, 2020.
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BOARD OF COUNTY COMMISSIONERS REGULAR MEETING Page 16
(1:00 p.m.) Ross questioned whether the expiration date was intended to be the end of the calendar year 2019 or exactly 30 months, which would be January 1, 2020. Dean amended the motion to expire January 1, 2020. Discussion ensued on the notification date and if not extended, whether the administrator be required to work the remaining 180 days.
(1:01 p.m.) Johns made note that the notice period would be in July 2019 and the discussion to extend would be in the middle of the budget discussions. All commissioners agreed to the change. Discussion ensued on whether the administrator would be obligated to finish the term if not retained.
(1:04 p.m.) Wanchick stated that the changes were as he anticipated and that the first of the year was a good time period.
(1:05 p.m.) Ross requested clarification regarding accumulation of the vacation leave. Johns stated that 320 hour limit was accepted by Wanchick. Ross verified that with the contract signed today that it would reset to 320 hours as of today. Wanchick clarified that it would be 320 plus what had accrued since January 1, 2017. Ross said she would clean-up clerical errors as well.
(1:09 p.m.) Motion carried 3/2, with Smith and Waldron dissenting.
(1:10 p.m.) Ross clarified that the draft agreement was what the changes would be to.
(1:10 p.m.) Wanchick thanked the Board for their consideration and stated his commitment to work with the Board collectively and individually was in the best interest of the County.
The meeting recessed at 1:11 p.m. and reconvened at 2:00 p.m. with all five commissioners, Wanchick, Locklear, McCormack, Soria, and Deputy Clerk Natasha McGee present.
(6:56 p.m.) Subsequently, discussion ensued on the changes to the contract, including the date of January 1, 2020.
(6:58 p.m.) McCormack stated that a vote was not needed; however, the contract should be executed. Dean described what he felt was the action needed from the Board.
Consensus from the Board was given to execute the county administrator’s contract.
(7:00 p.m.) Johns requested Waldron provide 2-3 ideas/goals to staff and stated the list from all Commissioners would be prioritized.
The meeting moved to Regular Agenda Item No. 13, formerly Consent Agenda Item No. 25.
(1:01 p.m.) Johns made note that the notice period would be in July 2019 and the discussion to extend would be in the middle of the budget discussions. All commissioners agreed to the change. Discussion ensued on whether the administrator would be obligated to finish the term if not retained.
(1:04 p.m.) Wanchick stated that the changes were as he anticipated and that the first of the year was a good time period.
(1:05 p.m.) Ross requested clarification regarding accumulation of the vacation leave. Johns stated that 320 hour limit was accepted by Wanchick. Ross verified that with the contract signed today that it would reset to 320 hours as of today. Wanchick clarified that it would be 320 plus what had accrued since January 1, 2017. Ross said she would clean-up clerical errors as well.
(1:09 p.m.) Motion carried 3/2, with Smith and Waldron dissenting.
(1:10 p.m.) Ross clarified that the draft agreement was what the changes would be to.
(1:10 p.m.) Wanchick thanked the Board for their consideration and stated his commitment to work with the Board collectively and individually was in the best interest of the County.
The meeting recessed at 1:11 p.m. and reconvened at 2:00 p.m. with all five commissioners, Wanchick, Locklear, McCormack, Soria, and Deputy Clerk Natasha McGee present.
(6:56 p.m.) Subsequently, discussion ensued on the changes to the contract, including the date of January 1, 2020.
(6:58 p.m.) McCormack stated that a vote was not needed; however, the contract should be executed. Dean described what he felt was the action needed from the Board.
Consensus from the Board was given to execute the county administrator’s contract.
(7:00 p.m.) Johns requested Waldron provide 2-3 ideas/goals to staff and stated the list from all Commissioners would be prioritized.
The meeting moved to Regular Agenda Item No. 13, formerly Consent Agenda Item No. 25.
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