WEBVTT

METADATA
Video-Count: 1
Video-1: youtube.com/watch?v=fdosonWSR2g

NOTE
MEETING SECTIONS:

Part 1 (Video ID: fdosonWSR2g):
- 00:00:24: Meeting Called to Order, Pledge, and Moment of Silence
- 00:02:46: Special Counsel Provides Update on Town Manager Negotiations
- 00:07:15: Clarification of Counter Offers: Town Manager Separation
- 00:09:24: Council Questions Special Counsel on Negotiation Timeline
- 00:11:32: Council Members Inquire About Termination with Cause
- 00:14:34: Financial Implications: Termination With or Without Cause
- 00:16:27: Reviewing Contract Clauses and Paid Administrative Leave
- 00:21:38: Violation of Communication Terms, Negotiations on PTO
- 00:24:12: Town Manager's Compensation and Payment of Additional Benefits
- 00:27:07: Negotiation Status: Severance Pay and Unused PTO
- 00:29:18: Further Discussion: Termination, Mediation and Attorney Fees
- 00:33:38: Options to Stop Salary Meter: Council's Advice Request
- 00:36:27: Motion to Terminate Without Cause, Counter Offer Discussion
- 00:40:17: Motion For Termination at 10 Weeks Approved
- 00:45:30: Meeting Adjourned, Transportation Plan Meeting Announced


Part: 1

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for the rain. I wish you could get in one inch increments question. >> Six o'clock. >> Yeah. Thanks. See you tomorrow. >> Okay. 6 o'clock. Uh May 12th,

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Lockahhatche Grove Town. Lockach Grove Town Council special meeting calling to order. I'll start with the pledge of allegiance and a moment of silence. Pledge >> allegiance to the flag of the United States of America to the republic for it

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stands one nation under God indivisible with liberty and justice for all. >> With your indulgence, madame mayor, what the town lost a uh someone who was quite a character in the town this week had been around for a long time. Dennis Ballard passed away Saturday night. So

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if our moment of silence could be dedicated to him, I would appreciate it. >> Okay. >> All right. Um, could you say his name again in the micro? >> Dennis Fowler, commonly known as face.

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>> All right. Godspeed. >> Godspeed to face. >> So roll call, please. >> Council member Fence. Present. >> Council member Kaine. >> Present. >> Council member Coleman. >> Present. >> Vice Mayor Sud. >> Present. >> Mayor Ramy.

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>> Yep. >> Um, acting town manager Oaks. >> Present. >> Outside council. Janica Simpson. >> Oh boy. >> Yeah. You really got us.

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>> Yes. There you go. kind of want to breathe like somebody uh that >> All right. Thank you. Additions, deletions, and modifications. >> Nothing. Okay. All right. Comments from the public on

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non-aggenda items? No. >> None. All right. So, this brings us to our one item uh meeting tonight. I'll make a motion to approve the agenda. >> All right. >> I'll second it. >> We have a motion to approve >> and uh a second. A motion by council

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member Kane. Uh seconded by council member Coleman. All those in favor >> I >> I >> opposed hearing none. Motion passes 5-0. Thank you, Anita. All right, I will pass this off to our special counsel, Miss

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Simpson, and she can get us up to date. Good evening everyone. Can everyone hear me? Fine. >> No, you need to like breathe in it. Yeah. Is this better? >> Much better. Okay. >> Screen down. >> Okay. Good evening everyone. My name is

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Johnny Simpson and I am representing the town and the negotiations of this matter. Yeah, >> you want me to get you like a separate mic, like a handheld mic or do you think you can work? >> We do have a a couple options like phone wise. Yeah, >> you can even take that one from the

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>> from the podium if it's charged. It's up to you. >> The ones on that have the base that we use for the workshop. Those are great, too. But >> it's it's not the greatest system. So,

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and I know you're very soft spoken, so >> you wear lots of hats here. >> Yeah. >> Get her with the little dance. There you go. >> Yeah. There you go. >> This one's already

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>> Is this a bit better? >> Yes. Okay, perfect. Um, so again, my name is Janica Simpson. I'm representing the town on behalf of this matter. Um, I would like to um provide an update, but would like to also address a preliminary matter as well. Um, given that

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negotiations remain ongoing at this point with um the previous town manager, I just want everyone to be a bit mindful that we don't want to disclose too much of our negotiation strategy at this point. However, I do welcome any

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questions that any members of the council may have as to, you know, the negotiations as it stands. Um, as far as an update on this matter, um, so just as a brief background, um, I was able to

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meet with, um, the acting town manager as well as the mayor last week and we were able to clearly delineate some parameters as far as, you know, our floor and our ceiling for negotiation purposes. Um, I excuse me, >> I'm sorry, I didn't I I didn't really

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catch what you just said. You met with you met with the town manager and the mayor. >> Yes. not together. >> Huh. Okay. >> Okay. Um so I was able to get in contact with um the pre well the town manager's

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attorney. Um however, he was out of the office last week, Thursday and Friday. So negotiations wasn't officially able to commence until yesterday. Um and as it currently stands, um

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just backtrack a bit. So we initially started off with negotiating about 2 weeks of the um severance pay under the contract and we you know had some back and forth her attorney and I as to the basis of which and he fully understood

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communicated the offer to um the town manager and as it stands now the counter is to not wave her right to any unpaid PTO which is fully aligned with the terms in the contract. And additionally,

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she countered our offer to 16 weeks of um of her severance pay. So, as it stands, we we countered at 10 weeks, which includes the administrative leave paid to date. Um and of course, the the PTO because again, contractually, she's

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obligated to receive that. um her council advised that he's going to be out of the office and not able to respond to our counter opera at this time. However, he did state that he will be back in the office around 6:30 and that he would be able to give us an

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update. So, at this point, um I'm, you know, presenting that offer to the council to see if that is something that the town is willing to do or if we would like to stick to our initial counter of 10 weeks at this time.

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So, can you I'm sorry, put my light on. Yeah, go ahead. So, I I just want to be clear. So, the counter offer from the town manager was

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to wave or to what about the 30 days notice? To wave the 30 days notice. >> Yes. >> Okay. So, the counter offer was to wave the 30 days notice, to have us dismiss her without cause,

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and to give her 16 weeks of the 20we severance plus her PTO. Is that an accurate >> Yes. of of what that is? >> Yes. >> Okay. All right. Thank you. I just want to make sure I understood it. >> Of course. >> Okay. and and your counter offer and you

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said no, that's you're you feel like you're still in the middle of negotiating and your counter offer back was all the first terms waving the waving the 30 days notice but 10 weeks instead of 16 weeks. That was your counter offer back. >> Correct. And the counter offer also

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still exists. >> Correct. That is correct. >> All right. And and and this would be a a termination without cause. So it would um it would also get the town a release >> that would be a part of it as well. A

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correct release and denify the town. Okay. >> And her council is well aware that you know any agreements that we reach as far as the amount of weeks for the severance pay is all subject to a separation agreement in which she would relinquish all potential claims that she has

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against the or maybe have against the town or any of the council members. and he's fully on board and she is as well. >> Okay. Thank you. I just wanted to be clear on that. And just for the record, tomorrow is the 20week point. Just for everybody to know, tomorrow to the end

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of the contract is the 20 20week point. Just Just for the record. Okay. Chik, you have anything else to share before council comments or? >> Um, not at this time. >> Okay. Mr. Coleman, you have your light on. Yeah, I just wanted to I was asking

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around what can you give a little timeline here? So, what the fifth or the sixth we signed the the agreement, correct? >> Between us >> um >> your contract. We approved it on the la on that

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meeting, but the it wasn't was it when was it >> talking about April 28th special meeting where we >> Yeah, that's where we approved it >> and then it took I believe >> April 28th where we gave a deadline >> of May 8th. >> No, we never gave a deadline. We

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switched it to May 12th. We tried to do a May. >> We made the deadline today. We tried to give an eighth and I said correct that that's >> not feasible and >> I was told yes it was. But anyway, so it was May May 5th, right? >> Yes.

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>> Okay. And when was first contact made with opposing council? >> I can pull it up on my email now. Just one second. First call with council was made May 6th. >> Okay.

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And it's just been I guess back and forth since then because he was out of the office etc. And >> Yes. >> Okay. And we we've received back word back from him today or no? >> Um we received a counter offer of the 16 weeks including the PTO today. Okay. So,

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um, we countered that with the 10 weeks and right now he's out of the office, but will return by 6:30. >> So, it's possible that we can hear from them this evening as well. >> Okay. Thank you very much. Appreciate that. >> Council member Stevens, any questions?

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So, I know you um you cautioned us upon at the beginning of uh not wanting to give up too much with negotiations, but um based on what you have seen so far, what you've dove into and um

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do you and you may not want to answer this and I understand that and that's that's fine. Do you see any path for termination with cause? >> Yes. >> Can we discuss that? I don't think it would be ideal to go into the details. Um

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>> I mean that was anatomy. Yes. >> Yes, it was. >> For one reason, two reasons, three reasons. >> Um again, I I I don't think it would be proper um given that negotiations remain ongoing. However, um I was able to

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communicate with um with her counsel that we believe that we can establish cause and he's fully on boarded as far as communicating that with his client, but as far as the the details, I I don't think it would be proper for us to do so here.

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>> Okay. No, that's fine. I understand that. I just I take heed of what you said earlier and I just I don't want to get nobody in trouble here. So, okay. Well, thank you for that. >> Thank you. talk closer to your mic next time. >> Uh, Vice Mayor Sud, would you like to

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weigh in and ask a question or >> Sure. Yes. >> Comments? >> Yes. Thank you, Miss Simpson. Welcome to Locks Hatry Groves. I think you're doing good job. A good job. Uh, building on u my friend Mr. Stevens question. If a

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town manager is terminated with cause, could you explain what are the implications of that on her retirement, on her salary, on her ability to get new job? What would be what would be the

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implications if somebody is found to be terminated with cause? >> As far as the implications are concerned, um I I don't want to state definitively. Um the only thing that I I have been pretty clear forth is you know

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terminating with cause I've already stated that I I the answer is yes I do believe that we can and it's just more so of an exposure type of game. Now as far as the the particular implications that would be something that I I would

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have to circle back to just to make sure that you know all bases are covered before making a statement on that. >> Got it. Look uh we are sensing from your confidence level that we are very fair in this process which we are. There is

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no personal feeling. We want everything to settle in a mutually amicable fashion. So thank you. I'm satisfied with the update. Thank you. >> Thank you. >> Any other comments?

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Well, if we're going to look at the implications of firing with cause, what are the financial implications of fin of for the town? Because I'm usually very concerned about that. That would require an investigation and that would be costly and it would require litigation. That would be costly.

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Correct. >> Well, it's it's too soon to say whether litigation would be underway because there's a possibility that she would forego litigation. Um, now as far as the the cost associated with the investigation, that would be a cost. But

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as far as litigation, I think that's too far in advance to be able to tell, but the only thing that we would know would be immediate would be the cost associated with the investigation. >> And so what would the cost be associated with an investigation? I mean, we don't even know what you're investigating. I

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don't even know know what you're investigating or you think you're investigating. So, I wouldn't be favor of an investigation that myself and the people in the town weren't aware of what it is that you think you're investigating. And I understand why you can't say it. But, but you you see what I'm saying? It's kind of a catch 22

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here, right? Because I'm not in favor of expending any taxpayer dollars going on a witch hunt. We've had enough of that happen in the last year and I'm not in favor of that happening again. Um, and so,

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you know, I'm just not in favor of that. I'm I have been very vocal the whole way through that what I'm in favor of is a speedy and painless resolution to our situation and letting everybody move on with their lives, us as well as the um,

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town manager. So, um, yeah. Thank you. Would you like to comment on the clauses in the contract that that termination with cause you feel has been a threshold that has been reached in the information that's been provided without an

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investigation? >> Absolutely. So to speak to your earlier point as to what would we be investigating, we would be investigating the previous acts, you know, acts or inactions by the town manager and it would be to determine whether it satisfy

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the um the different provisions outlined in the with cost provision of the contract. Now, as it stands, there's some that are simply like not we're not going to be able to meet that because it simply not has not happened and that

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goes towards the convictions of crimes. I believe it's two provisions that speak to that. So, we're not we're obviously excluding that from the with cause determination. However, um we do have here um the misfecence, malfcence and or

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nonfeence in performance of the town manager duties and responsibilities as well as um the commission of any act which involves moral turpitude or which causes the town disrepute. Those are the two that I am honing in on in

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negotiations with um the town manager's council. And it but it includes but is not limited to those. So that can that kind of puts everyone in the ballpark of where we are now without disclosing you know any actions or in in action specifically that falls within those

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parameters. >> Okay. Thank you all. I got your light on. >> Yeah. So the counter of 10 weeks what what what's the savings there? Anita, you're good with numbers. What's what's the >> I had asked the acting town manager to to put together numbers because I know

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that council member Kane had asked for some. So >> Oh, she did she did put that together. Yeah, the math. >> Uh so at the 10 weeks with the PTO, we're looking at roughly 55,000. >> So one thing I think everybody needs to

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understand the PT. >> No, please let me answer this. >> So the PTO is she's entitled to PTO per the contract. That's never been a question that that wouldn't be different if it was termination with cause as well. That that PTO is hers. She's

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earned it. That that pay doesn't change. >> No. >> Well, I I was looking at what the difference my question was what's the difference between the 10 weeks and the 16 weeks. So the 10 weeks is 55 including the whole whole anchilada and what's the 16 weeks?

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Well, it's approximately >> 6,000 a week in pay >> bi-weekly by week in the pay period. >> So, what's the difference between the 10 and the 16? Crunch me some numbers, Val. You're looking at a little over 73,000.

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>> Thank you. >> You're welcome. >> And then can I ask you council how how much how about how many hours you've worked on this to date at $300 an hour? >> Roughly 10 hours. Okay. And and and so

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those are all the expenses. I'm sure you have some other incidental expenses in there as well, right? >> No. >> No, there's no other >> like Okay. So everything was like emailed. So there's no like messenger expenses. >> I'm just looking. >> Yes. So maximally paper.

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>> So roughly three. We're our bill with you right now is roughly at $3,000. >> Yes. Okay. Thank you. You're welcome. Correct me if I'm wrong, but if this leads to litigation, etc., and

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it goes past the end of the contract, are we still paying a salary at that point? >> Because because it hasn't been terminated. >> Well, I I I believe that she retired at a certain date, provided a

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>> contract end date. contract ends, the contract's over. >> Yeah. The in 20 weeks from tomorrow, the contract is over. >> Okay. >> So, the whole anchelada, if if if this doesn't come to fruition by end date, September, October 1, whatever it is,

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September 30, October 1. What's that number, Valerie? >> Is she continued on paid administrative leave through September 30th? Is that what you're asking me? >> Yes, ma'am. Um the total financial impact is $103,8201. >> That's the whole anchelada. That's

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correct. >> Because PTO continues to acrew, >> right? Correct. No, I I I understand how PTO acrews. That's that's why I was saying that >> it's not just for you, Paul. >> Yeah, I know. Right. >> For all the folks listening. >> So that's it's you know 130 plus,000

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>> 103 I 103. 103 103 is Yeah. So, it it could also be pointed out that um our special counsel feels that the terms for uh paid administrative leave have also been violated and that's been part of the negotiation process as well.

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Could you speak to that please? >> Yes, I can. Um because that has also already been disclosed to our council. Um believe the April 7th motion outlined the terms of any communications to be made in regards to any town business. Um

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and those communications from the the town manager should have been directed to the acting town manager solely. And I believe April 13th there was an email sent from the town manager to not only the acting town manager but also to

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town's council regarding a matter dealing with town business. So, um, when I opened up negotiations, as I stated, like this has already been communicated, so it's not a secret. I did advise her counsel of that. And that's before we even get into the

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different actions or inactions that I believe falls squarely within some of the provisions of the with cause um in the employment contract. And um looking to the terms of the April 7th motion, it explicitly states that should the town

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manager violate any of these terms, it would constitute as with cause under the employment contract. So I I do believe that that was um pretty helpful in coming down from the initial

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20 weeks of the severance pay down to 16 because that was just like clearcut and dry. I think there were two different um bullet points in that April 7th motion that clearly delineated that any communications, you know, and it it kind of, you know, split, but the one that I is at the top of my mind is

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communications regarding town business should be directed to the acting town manager and the acting town manager only. I didn't get any push back from her council at that moment. And again, I do think it it was helpful for negotiations before we even getting to any of the other acts or inactions that

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again, I believe fall squarely within the with cause provision of the employment contract. >> Vice Mayor Suit, I see you have your microphone off. >> I do. I do. I have a question for the acting town manager. Can you hear me? Okay. >> Yes, I can.

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>> Okay. Uh could you tell me how much uh extra does the town manager get paid for her health insurance that we I think the previous council approved extra money that is paid along with the salary. Do you have that number

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per year? >> If you don't mind I I can answer that. That was a one-time payment that was due within 15 days of execution of the contract for $15,000. >> Okay. >> Plus an additional $35,000 for a IRA.

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>> Okay. So that $15,000 that was prepaid for the whole year assumed she will work for the whole year and if I understand we are basically giving it to her. Is that correct? It was my understanding at the time we

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were negotiating the contract that none of those monies would be able to be clawed back should there be a change in the contract status. That was a question that I had asked um the town attorney at the time. >> And same is true with the $35,000 that the previous council also approved. So,

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we gave her $50,000 basically at the beginning of the year and we gave her super duper clause that even if the town referendum says she can be terminated with 32 vote, they put in 41 vote. Now, here we are

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and now I am being told by my friends financial decision etc. Where was the financial decision at that time? So, here is my comment. uh we have this 15 + 35 given 50,000 that assumed she was

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working for a full year. Um and now we have uh other benefits PTO acrewing the the salary acrewing all the the the her attorneys are on vacations. I think the message here is the more time they keep

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on dripping which basically does no favor. We are losing 8,000 a month a week right now or per pay period whatever that is. We need to come to a quick uh understanding on the negotiation. So

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uh I think last time we had suggested a date and there was a purpose behind it. So my comment is let's set up some date at that date we have to have a conclusive discussion because keep on

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negotiating is is not helping our side. Thank you. >> Um could you speak to again what what is on the table right now that we're waiting for to see if it's accepted? Right now, um the town manager's council

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has advised that her counter is 16 weeks for the severance pay and that includes the um payment of her unused PTO. So, we countered at the 10 weeks. However, and that also includes the the unused PTO

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because again that that is clearcut like >> and the administrative leave already paid. >> Correct. >> Really a fiveweek offer. >> Correct. Correct. So the 10 weeks incorporate the five weeks of administrative leave that she has already received to date. This week makes the fifth week. So that's already

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incorporated into that. And at this juncture, we're just waiting to hear back from her counsel who should be back in his office in about 2 minutes. >> All right, Council Member Stevens, you had your light on first. >> Speaking closer to the mic. >> Thank you.

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>> You're welcome. Just so that I do understand, she violated the April 7th motion that was on the table. Is that what I heard? >> That is correct. >> Just once,

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>> I believe. So, that's that's what I have. Correct. currently in that April 7th motion and I don't know if you have it in front of you, Madame Mayor, but um

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if she violated that, what what were the terms in that motion? Could somebody remind me of that? What were the terms of that? >> Do you want me to print it for you quickly? >> No, not necessary. If she vi if she were to violate that motion >> violation of the terms outlined in

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administrative leave constituted with cause under her employment contract >> with cause. >> Yes. So that if we know that for a fact and with cause and and you're saying with cause exist

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on just that alone >> just that alone >> on just violating that motion then are then we should we consider a vote is not >> does please please please

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just on the motion and and madame mayor I'm asking you council I'm asking you I mean we have it in front of us you know this to be true you said that you um discussed it with her council as well correct >> correct

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>> okay >> council member you had your light on that's fine ahead >> I was just to be clear for us to fire her with cause it requires four votes is that correct >> yes thank just ask a hypothetical question. So,

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say that does go through tonight. You know, I've had this conversation with multiple attorneys and I seem to get the same answer. So, in your experience, something like this goes before, it's not really the judge, right? It's a magistrate type of hearing. Correct.

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Right. Right. So, it goes before I want to say the right thing. Um, so it goes before the magistrate. Typically does a magistrate say have you all discussed the separation agreement? Has there been any conversation? And if there has not really been any

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conversation saying okay you need to go back and have a conversation before we deal with I mean that kind of the the gist of how things go. >> Yes it is. So right now what we are doing here is pre-litigation negotiations.

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Now, should a lawsuit be initiated against the town by the town manager, it is more likely than not that the judge would encourage us to engage in mediation, even if we already present to the judge, "Hey, judge, listen, we've already did this before." The judge is

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like, "Yeah, but that was before the lawsuit was initiated." And they would encourage us to go for a mediation. >> Again, go for a mediation. >> Correct. So that again, I said this back when we had this conversation when we were interviewing the attorneys, all

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three of them pretty much said the same thing. You know, even if you do this and you do this and you do this, when you get before the the magistrate or the the authority, they're going to say, "You need to go back and have a conversation, right? This needs to be the this needs to be the, you know, what happens here,

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right? Needs to be mediation with this and try that first." So now we're looking at compiling more and more attorney, no offense, attorney's fees, you know, maybe a possibly a mediator, you know, all because she sent an email.

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>> Why are you assuming she's going to sue? >> I've known this lady as long as she's worked here. Okay, I'm just telling you. I don't think I think the the quietest best >> I I have not ever said termination but you know the conversation keeps coming

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>> that's the vibe that comes that is the vibe that comes from everything that's been said up here since we since April whatever when we when we accepted that letter okay that's the vibe the vibe is all I keep hearing with cause with cause

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with cause with cause with cause so and when I keep trying to reiterate to everyone right in my own little and I'm not playing like I'm an attorney. Let me emphasize that. I'm not playing like I'm an attorney

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gleaning what information I have gleaned from the attorneys I have spoke with. Right? This is a very difficult path to take. So I'm not saying that it couldn't happen. I'm not saying it can't happen. I'm saying it's a very difficult and when you say difficult to me that

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equates to dollars. So, I'm not saying we need to come to a decision right now because we're waiting on a response, but I think we need to be very mindful of all aspects. >> Okay? >> You know, the leaky faucet was something I brought up at the last meeting, so it's all good. Well, I think the c the

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special counsel has also stated that uh the town has in essence once the violation for the motion terms of the motion for paid administrative leave were violated that the town has been paying that administrative leave as a

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courtesy. So that's something that special counsel could speak to. Um I see Vice Mayor Sud you're you're back off of mute. Did you want to say something before he speaks? >> No, go ahead. Let him speak first. I'll >> All right. >> Yeah. This I would like to ask special

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counsel this question. Um, you know, we keep coming back to difficult, easy, etc. We hired a special counsel and she just laid out a scenario. She said she's confident as we can hear. She can't talk about it. We she this is an experienced

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law firm. So, we we we respect a special counsel. we all selected and hired. So my point is the following. Um what would be your advice special counsel to stop the meter every day the

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salary PTO etc is incurring to stop the meter since she violated her terms of the motion that this council passed. What what are the options to stop the meter while we negotiate? Can we

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terminate her? Can we uh seize her salary that is incurring? What what are the options to stop the meter? So, I think it's important to note as well that when I initially spoke to her

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counsel, he did advise based on the discussions that he had with his client that he did not anticipate that this negotiations would need to be something that, you know, we spend weeks on. And I I believe I I made reference to the fact that I don't think that this would be

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any event that we went to mediation. This is something that does not require all day mediation. And I was glad to hear that her council agreed that you know we can get this resolved. And given that we're all ready in the fifth week, I believe if we just had until Friday,

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we would be able to know. That's also taken into account that her council was out Thursday and Friday of last week, which is something that, you know, we obviously couldn't have anticipated. But I think given us until Friday to wrap negotiations up, especially again since

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we're already in the fifth week of the administrative leave pay, I think we should we should have an answer as to whether, you know, we can come to to an agreement as to, you know, the payment of the severance. and one of course that

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the council is willing to accept or not and I think at that point you know we can halt negotiations if we haven't you know gotten to an agreement or there's a chance that we have reached an agreement by then and it's just a matter of you know preparing the separation agreement

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and release to just wrap this matter up. >> Okay, Vice Mayor Sue, are you done? Okay, thank you. Council member Kane, >> thank you. Um, yes. So, I mean, it it sounds like you're making ground. There's been a

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couple of back and forths. It sounds like Mr. Coleman's assessment that it was going to take a little bit more time than we antic initially anticipated is accurate, but it sounds like to me like both parties do want to come to some kind of a

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separation and agreement as quickly as possible for financial reasons on our side to move along. and we're getting ready to go into budget season. We've got a lot of things on our plate that are pretty serious coming up soon and it would be nice to have this matter behind

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us as well. Um, so I guess if I need to make a motion, I'd like to make a motion to give uh special counsel until >> 15. Yeah. Well, but we couldn't come back till the 19th, right? F I mean, well,

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can we come back any night? Can we come back? >> I I think if we make a motion to authorize >> We've got We've got Let me >> We've got a counter offer on the table, we're waiting to hear back from them. I

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think we could authorize to accept if they come back even after this evening with agreeing to that counter offer that we make that we could authorize the acting town manager and the special counsel to accept on behalf of the council. We'd have to have a date

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certain on the termination. >> Yeah. >> Like what is that actual date? Um so we could do that. Um Okay. So >> yeah, that was my that was that's where I was >> and we're not leaving any room to negotiate back and forth. You want to stick with the 10 weeks? You're not you

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want the motion to be at the 10 weeks or or whatever she can negotiate back. Well, I think that special counsel could certainly advise us, but I I think that um that's a that's a halfway point, so

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to speak. Um so I think that uh I don't think we could authorize it to go further without meeting again, >> right? >> Legally, we would >> That's why I'm saying maybe Yeah, maybe we make a motion to meet again on f on Friday. Well, I can't meet Friday. I

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have graduation Friday. Yeah. Uh I can meet next Tuesday. I'm I'm not going to be around next Tuesday, so it's not going to work. >> Well, I mean, if we if we if we're able to if we make the if we motion's made to approve the the calendar with the 10 weeks versus the 16 and we make that we

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make that the direction. I mean, and and they this nice lady gets a email here. I'm sorry. I'm bad with names. I don't not call you by name on purpose. Um you know, this will be done. We could, you know, we could end by the end of the

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pay period or by by Friday. I mean, that's that's kind of where I was getting ready to go before you as >> the termination date could be today. I mean, whatever negotiate. >> Okay. So, I'm going to make a motion to terminate without cause

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effective Friday. >> Well, doesn't our pay period end Wednesday? >> Effective Wednesday. >> I think it's tomorrow, >> actually. with with the with the 10 weeks and to come back to us if that doesn't come through. Does that

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make sense? >> Yeah, I second that. >> Yes. Okay. We have a motion to um uh authorize accepting of our counter offer should it be accepted at 10 weeks um without cause. Um obviously that

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would include the administrative leave that's already been paid. Correct. >> And of course her her entitlement to the PTO that has been accumulated is not in question. So >> yeah, the only only adjustment is dropping the 20 to 10. So

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>> the 16 to 10. >> Well, yeah, I mean I'm just saying from the original. >> Correct. So we have a motion and a second. Any comments from the public? >> Yeah, ma'am. >> No comments. >> Any comments from uh I would like to add

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a comment, Madame Mayor, if I may. Okay. >> Okay. So, um I think one very major factor here is uh no negative record on the employees file.

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If let's say we go with the motion that Madame um Kaine sponsored just now, we could also say that there will be no negative thing on the history of the employee which means she can find other

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jobs etc and walk away uh both sides walk away amicably. I would also suggest that so that's a big thing that we should highlight. Um since we have given 15,000 plus 35,000 50,000 on the day one

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and she has probably completed maybe 50% or less of her employment with us but we are giving that away. I would say offer 10 weeks but if she does not accept it I would like to uh suggest that we add

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that at that time we terminate her for cause and then we >> that's a separate bill >> okay I'm just suggesting commenting whether we do it in this or the separate but we have to have a deadline a strong deadline it's not like we meet in two

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weeks and then another two weeks have incurred then what are we negotiating so either that or we terminate her for cause and then the meter stops in some way or fashion or at least her administrative uh acrewing of the salary

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PTO stops uh at a certain date at the date at which she accepts or it stops at that time whether we terminate her or not I that is I leave it to the special counsel how she would like to suggest but that date also means there will be

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no more uh negotiation in that fashion It will be >> I know that sounds like an additional motion, Vice Mayor Sud. So, we have a motion on the table and and I appreciate >> your comments. Council member Coleman, you you wanted to add. >> Yeah. I I I don't think that uh even if

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we wished to um we can put negative marks on her on file. So, >> it goes both ways. >> Yeah. >> She's going to endemnify us, we'll endemnify her, >> right? >> That's how you end up in these places. >> That's that's how we all get to move on with our lives. >> Exactly. So,

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>> so you did not have an issue with the motion itself though. You just were adding >> Yes. >> Okay. I I do agree that obviously the motion deadline is for tomorrow. Uh I would say at the end of the the pay

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window, which is what time? Um please >> yeah I would say um by the end of the business day on >> well but we need to have an answer from her that way we can we know how we're moving forward.

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>> Yeah. >> So uh I we ask council if she thinks is that doable based on the fact that you're I mean are you tied up in litigation or something tomorrow? Is is is her counsel available? You said he was going to get back to you at 6:30 tonight. So that gives you guys kind of

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all day potentially. >> Yeah, potentially. And that but but it gives you tomorrow. You have no reason to believe that you won't be able to have contact. I don't want to set an unreasonable deadline for something. >> Yeah, that's correct. We're we're both available um including myself. Um I also

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told him that I'm available after hours because I'm always working and he has my cell. So in the event that you know he's working late today and don't want to hold off, I've already given him the authority to reach out to me on my personal line in the event that he wants to continue negotiating. >> Thank you. Appreciate it.

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>> Is there anything else you would advise the council to do? Um barring that that doesn't succeed. >> Um not at this time. >> Okay. >> At this time. And >> I guess you can just call we can just call an emergency meeting if it doesn't

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work out by tomorrow and then see what the next steps are. Whatever. >> I think your effort to leave the window open to negotiate till Friday with termination being at the end of the pay period on Wednesday >> is still I think doable because that that gives you know

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>> since we're already negotiation >> flashing schedules. Yeah. >> Yeah. It happens on Friday. It's just back it's just backdated to >> so >> in the pay period. So, >> so we've got a termination date 10 weeks with PTO.

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>> All right, we got a motion. All those in favor? >> I >> I >> opposed. >> Vice Mayor Sue, did you vote? >> Yes, I said I. Yes. >> Okay. Thank you. Opposed. Hearing none. Motion passes 5-0.

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So that uh do I get any anything else before we conclude this quickly? Any confusion? Got it. All right. Uh motion to adjurnn. >> I'll make a motion to adjurnn. >> Motion by council member Kaine, second by council member Coleman. Meeting

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adjourned. >> Thank you. >> Can I just before we leave, just while I've got it on the record, I'm just reminding everybody that there's a master transportation plan meeting, public meeting. It's the only one for the western communities. Tuesday, June 30th, 6:00 to 8:00 at the Belgade Public

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Library. This is your only opportunity to weigh in on important issues like Okachobee Boulevard. So, please as many people who can be there, be there. Thank you. >> What's What time is it? >> 6 to 8:00 p.m. >> PM

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library. Thank you. I'm gonna announce that at every meeting if you don't mind. >> Yeah, absolutely. It's a in the CO.