READ St. Johns County Administrator MICHAEL DAVID WANCHICK's One Sided $213,000+/year Contract, Which Expires January 1, 2020

In January 2017, there was a 3-2 vote to retain County Administrator MICHAEL DAVID WANCHICK's services, such as they are, for another three years.   

WANCHICK and County Attorney PATRICK McCORMACK accomplished this by concealing the women's concerns about sexism, misogyny and hostile working environment later revealed in the watered-down ROPER REPORT, which was released months later, with no sworn statements and no signed affidavits, not videotaped statements, and ROPER's notes were destroyed.

Whether to renew WANCHICK's contract will  be discuss at the heel of the docket, at the end of a busy day on Tuesday, May 21, 2019.

Expect former County Commissioners won are lobbyists, PRISCILLA "RACHAEL" BENNETT, defender of contingency fee lobbying contracts,  and other developer suckups, ninnies, toadies and bullies to be present, singing WANCHICK's praises.

Expect them to wait around all day, getting ready to read prepared canned schpiels abut why the developer puppet should be kept around to service their needs.

WANCHICK's contract is, at best, one-sided, and contrary to the public interest, allowing him to take the same undue liberties with nature and history as he did with women employees:


It's time for MICHAEL DAVID WANCHICK to go.

Here is his contract:

5/21/2019

BCC MEETING DATE

TO: Michael D. Wanchick, County Administrator DATE: May 6, 2019

FROM: Regina D. Ross, Deputy County Attorney PHONE: 904 209-0805 SUBJECT  OR  TITLE: County Administrator's Professional Services Contract

AGENDA TYPE: Business Item, Contract

The current effective term of the County Administrator’s  Professional  Services  Agreement  (Agreement) expires on January 1, 2020. On the expiration date, the Agreement will  automatically renew for an additional 2-year term, unless the Board provides the County Administrator 180 days  prior written notice of its intent not to renew the Agreement. The deadline  to provide such notice is  July 5, 2019. A copy of the Agreement is attached for the Board’s review and discussion.

Discussion item and action by the Board.

                                       PROFESSIONAL SERVICES AGREEMENT BETWEEN

MICHAEL D. WANCHICK AND

ST. JOHNS COUNTY, FLORIDA

THIS PROFESSIONAL SERVICES AGREEMENT (Agreement), made and entered into this 17th day of January, 2017, between St. Johns County (County), a political subdivision of the State of Florida, by and through the St. Johns County Board of Commissioners (Board) and Michael D. Wanchick (County Administrator)"

WITNESS:

WHEREAS, on November 2, 2010 the Board entered into an agreement to retain continued professional services by the County Administrator, scheduled to expire on July 30, 2017; and

WHEREAS, subject to the revised terms and conditions contained herein, the Board desires to enter into this Agreement to continue the professional services of the County Administrator, in accordance with Chapter 125, Florida Statutes and the County Code of Ordinances; and

WHEREAS, the County Administrator desires to continue his tenure in office subject to the terms and conditions contained herein; and

WHEREAS, the Board further desires to provide certain compensation and establish conditions of continued employment, in order to:

1. provide inducement for County Administrator to remain in such employment;

2. encourage full work productivity by assuring County Administrator's high morale and future security;

3. provide a just means for terminating County Administrator's services at such time as he may be unable or unwilling to fully discharge his duties, or when the Board may otherwise desire to terminate his employment;

4. provide a deterrent against malfeasance or dishonesty for personal gain; and

5. assure that the terms and conditions of the employment relationship are understood by the parties hereto.

WHEREAS, upon execution of this Agreement the Board and the County Administrator hereby acknowledge that all terms and conditions contained in the November 2, 2010 agreement shall be deemed terminated; and

WHEREAS, the terms and conditions contained herein shall supersede any and all previous agreements regarding professional services by the County Administrator.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

Article I. Effect of Recitals

The above recitals are incorporated into the body of this Agreement, and said recitals are adopted as findings of fact.

Article II. County Administrator Duties and Obligations

1. The County Administrator agrees to remain in the exclusive employment of the County for the duration of this Agreement and perform the duties set forth in section 125.74, Florida Statutes and County Ordinance Nos. 96-70 and 97-6, each as amended.

2. The County Administrator may engage in part-time employment, such as teaching or consulting work, but only with the prior approval of the Board, as evidenced by a formal vote at an official meeting, and provided such part-time activities do not interfere or conflict in time or interest with his responsibilities to the County, as interpreted solely by the Board.

3. The County Administrator will reside within the County limits during his tenure in

office.

Article III. Term and Renewal

1. Term. The term of this Agreement will be effective on January 17, 2017 (Effective Date), through and until January 1, 2020 (Expiration Date), unless renewed or earlier terminated as provided herein.

2. Renewal. Upon the Expiration Date, this Agreement will automatically renew for an additional term of two (2) years (Renewed Term), unless the Board provides written notice to the County Administrator of its intent not to renew at least one hundred eighty (180) days prior to the Expiration Date. The duration of the Renewed Term may be modified by an affirmative vote of a majority of the full membership of the Board.

Article IV. Termination, Resignation and Suspension

1. Termination by the Board. The Board retains the irrevocable right to terminate this Agreement at any time, subject only to the applicable provisions of Chapter 125, Florida Statutes, the County Code of Ordinances and those provisions contained in this Agreement where matters of termination and severance are addressed. Upon such termination, all services of the County Administrator shall also terminate.

2. Resignation by the County Administrator. The County Administrator retains the right to resign at any time. In such event, the County Administrator must provide the County with no less than ninety (90) days prior written notice of the effective date of the resignation. This Agreement shall immediately terminate with no further action required by the Board upon the effective date of such resignation.

3. The parties hereby acknowledge that the Board is authorized to suspend the County Administrator with full pay and benefits at any time during the effective term of this Agreement, if: (1) a majority of the members of the Board and the County Administrator mutually agree; or if

2. after a public hearing in which a majority of the members of the Board votes to suspend the County Administrator for Cause (as defined herein), subject to the County providing the County Administrator written notice of all charges and/or allegations giving rise to such Cause by no less than ten (10) days prior to the public hearing.

Article V. Compensation

1. Annual Base Salary. As compensation for the services described in this Agreement, the County shall pay the County Administrator an annual base salary of two hundred thirteen, nine hundred seventy three dollars and ninety-five cents ($213973.95), payable in equal installments in accordance with applicable County policy. Such compensation may be increased from time to time as provided herein.

2. Executive Benefits. The County Administrator shall be included in the Florida State Senior Management Retirement classification, and shall be provided any benefits thereof that are in addition to those afforded by this Agreement. The County shall provide for one hundred percent (100%) of the County group health insurance plan premium for the County Administrator and his immediate family. The County shall pay the County Administrator the premium for an accidental death and dismemberment insurance policy pertaining to his person, for a policy amount of Five Hundred Thousand and No/100 Dollars ($500,000). Such compensation may be included in the County Administrator's annual compensation plan and gross income as reported under IRS guidelines.

3. Deferred Compensation. In addition to his annual base salary, the County agrees to contribute the equivalent of seven thousand five hundred dollars ($7,500) per year to a qualified deferred compensation program of the County Administrator's choosing. Such deferred compensation shall accrue during the County Administrator's service to the County. Upon County Administrator's termination or resignation, such accrued amounts may be left in the chosen program, or received by the County Administrator in accordance with rules and requirements of the program. Such compensation shall be included in the County Administrator's annual compensation plan and gross income as reported under IRS guidelines.

4. General Benefits. The County Administrator shall be entitled to participate in, and receive residual benefits from, all other fringe benefit programs generally offered to other County employees, as they are applied to senior management. These shall include, but not be limited to, group insurance coverage, vacation leave allowances, sick and personal leave allowances, longevity allowances, and the Florida State Retirement System. The County Administrator shall accrue vacation at a rate of twenty (20) working days per year. In accordance with the St. Johns County Administrative Code (Administrative Code), accrued vacation leave may be paid upon separation of employment but shall not exceed 320 hours. The County's vacation and sick leave programs shall apply to the County Administrator as they are applied to senior management pursuant to the Administrative Code, provided that the County Administrator complies with the terms of this Agreement.

Article VI. Transportation.

1. The County Administrator will have the exclusive use of a County-owned and County-maintained vehicle at all times during his employment. Use of such vehicle is restricted to commuting to and from his St. Johns County residence and to County-related functions or duties, inside or outside the County limits (e.g., conferences, meetings, or inspections). The County Administrator will also have use of the County vehicle for incidental personal use; however, the cost of such incidental personal use shall be reimbursed to the County by the County Administrator. If the County cannot, or will not, provide a vehicle for the County Administrator's use, the County may, at its option, require the County Administrator to furnish and use his personal vehicle for which the County will pay the County Administrator a monthly allowance of seven hundred and no/100 Dollars ($700), prorated for any partial month. At the Board's discretion, this transportation allowance may be increased annually to allow for increased fuel costs, insurance, maintenance and operation.

2. If the County Administrator uses his own vehicle for County purposes, then the County Administrator, at his sole cost and expense, must secure and maintain a policy of automobile insurance acceptable to the County with limits of no less than one hundred thousand dollars ($100,000) per person and three hundred thousand dollars ($300,000) per occurrence for bodily injury liability, and one hundred thousand dollars ($100,000) for property damage or the minimum required by Florida State law, whichever is greater. A copy of a current insurance policy plus any amendments thereto will be kept on file with the County at all times during the term of this Agreement.

Article VII. Expenses

The County recognizes that certain activities and functions related to the County Administrator's position may entail costs such as travel, lodging, subsistence and the costs associated with functions where the County Administrator is participating as a representative of the County. The County agrees that such costs, reasonably incurred by County Administrator in the performance of his official duties, shall be reimbursed by the County upon submission of properly executed receipts. Official expenses and reimbursements shall be governed in accordance with Florida Statute and applicable County policies.

Article VIII. Professional Development

The County agrees to budget and pay for reasonable costs related to the County Administrator's participation in professional associations and organizations devoted to the enhancement of county management and administration. Such costs may include attendance at conferences and meetings, but shall be restricted to a maximum of ten (10) business days in each fiscal year during the effective term of this Agreement. Additionally, such costs will include dues and fees to maintain memberships in such organizations, provided, however, that such County­ paid memberships shall be limited to no more than four (4) associations or organizations.

Article IX. Office Space, Supplies and Equipment

The County will provide the County Administrator with sufficient office space, office equipment, and other resources, supplies, materials, and equipment that are reasonably necessary to enable County Administrator to perform the services expected of a County Administrator. "Reasonably necessary" shall be deemed to include reasonable electronic equipment (laptop, cell phone, PDA, remote access), software, and communication ability for County Administrator to perform duties while at home or traveling. In addition, the County agrees to provide County Administrator with assistants, secretarial staff, and experts reasonably necessary to enable County Administrator to perform the duties of County Administrator.

Article X. Severance Pay

1. In the event that the County Administrator is terminated by the Board for reasons other than misconduct, the County agrees to provide the County Administrator severance pay in an amount equal to twenty (20) weeks of compensation at his then existing rate of pay; payment for accrued, but unused, vacation and sick leave; and a continuation of the County's group insurance coverage for the County Administrator and his family for a period of twenty (20) weeks, which coverage shall be equivalent to the level of coverage provided on the date of termination. The cost of such coverage to the County shall not exceed the County's cost for such coverage on the date of County Administrator's termination. Any cost for such coverage above that amount shall be the responsibility of the County Administrator. The severance pay provided may not exceed an amount greater than 20 weeks of compensation, as provided herein.

2. In accordance with applicable provisions of the Florida Statutes, the County Administrator shall not be entitled to severance pay if he is terminated by the Board for misconduct, as defined in section 443.036(29), F.S.

3. If terminated by the Board for reasons other than misconduct, the County Administrator hereby agrees to accept the severance pay and compensation described herein in lieu of making any further claim or settlement for damages. The County Administrator further agrees to execute a release, holding harmless the County, its officials, employees, and agents, from any liability stemming from his employment and such termination.

4. If the County at any time reduces the County Administrator's annual base salary or other benefits described herein by a percentage greater than that of an across-the-board reduction for all County employees; or if after forty-five (45) days prior written notice, the County refuses to comply with any material provision of this Agreement, the County Administrator may, at his option, consider himself terminated for reasons other than misconduct, and applicable severance provisions contained in this Agreement shall be effective.

Article XI. Bonding

The County shall bear the full cost of any fidelity or other bonds required of the County Administrator by applicable law or ordinance.

Article XII. Performance Review and Evaluation

1. Review and Evaluation. For the effective term of this Agreement, at least once each fiscal year between August 1 and September 30, the Board may review and evaluate the County Administrator's performance. At the Board's discretion, such review and evaluation will be conducted either formally in a public meeting or informally by the Board Chair. The review and evaluation will assess the County Administrator's performance of all duties and responsibilities, and his exercise of the powers granted under this Agreement during the immediately preceding twelve (12) month period. Based upon such review and evaluation, the Board may increase the County Administrator's annual base salary and/or other benefits by such amounts and to such extent as the Board, in its sole discretion, deems desirable. Within sixty (60) days of the review and evaluation, the Board Chair will provide the County Administrator with a written summary of the Board's findings. In the event that the Board does not conduct a review and evaluation in any given year or years during the effective term of this Agreement, such event shall not constitute a breach of this Agreement. Additionally, in the event that the Board does not conduct a review and evaluation during any given fiscal year, then County Administrator's annual base salary will be increased by the same percentage provided to non-union County employees during that fiscal year.

2. Goals and Objectives. Annually, the Board and the County Administrator may jointly define goals and performance objectives that are necessary for the proper operation of the County and to attain the Board's policy objectives. The parties may also establish and reduce to writing a relative priority among those various goals and performance objectives, in light of the County's annual, operating and capital budgets and appropriations.

Article XIII. Indemnification

To the extent required and otherwise allowed by law and local regulation, but subject to the limitations set forth in Section 768.28, Florida Statutes, and as otherwise may be limited or prohibited by law, and without waiving the sovereign immunity of the Board or the County, the Board agrees that the County shall defend, hold harmless and indemnify the County Administrator against any tort, professional liability claim or demand or other legal or administrative action, whether groundless or otherwise, arising out of an alleged act or omission committed by County

Administrator within the scope of his employment, provided that County Administrator timely reports the same to the Board and cooperates fully and honestly in the County's defense thereof. The Board may compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon, subject to reimbursement by County Administrator if required by law. Said indemnification shall extend beyond termination of employment and expiration of this Agreement to provide full and complete protection to County Administrator by the County for any acts or omissions committed within the scope of his employment hereunder, regardless of whether the notice or filing of a lawsuit for such tort, claim, demand, or other legal or administrative action occurs during or following County Administrator's employment with the County. The provisions of this section shall not apply to any claim, demand, suit or cause brought or asserted against County Administrator for his acts or omissions committed while acting outside the course and scope of his employment under this Agreement, or committed in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, property or civil rights.

Article XIV. General Terms, Conditions and Provisions

1. It is understood and agreed by both parties that it is the sole and exclusive prerogative of the Board to grant salary and benefit increases, or other perquisites of office. These are proper subjects of negotiations during budget deliberations and performance evaluations, and both parties pledge their good-faith efforts in discussing these matters, keeping in mind the best interests of the County and the continued high morale of County Administrator.

2. The text herein shall constitute the entire Agreement between the parties, and shall be binding upon, and inure to, the benefit of the County Administrator, his heirs, and his executors.

3. If any provision or portion of this Agreement is held to be unconstitutional, invalid, or unenforceable by a court of competent jurisdiction, it shall be severable, and the remainder of this Agreement shall continue in full force and effect.

4. Governing Law and Venue. This Agreement shall be construed according to the laws of State of Florida. Venue for any administrative and/or legal action arising under this Agreement shall be in St. Johns County, Florida.

IN WITNESS WHEREOF, the County, by its Chair of the Board of County Commissioners or other authorized official, and the County Administrator have signed and executed this Agreement on the day, month, and year first written above.

************

  WITNESS: COUNTY ADMINISTRATOR:

-- _,,-;-.cr<:s span="">

MICHAEL D. WANCHICK

ATTEST: Hunter S. Conrad, Clerk

  LJ

ST. JOHNS COUNTY, FLORIDA, BOARD OF COUNTY COMMISSIONERS

By: Deputy Clerk By: