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,CountyAdministratorDATE:May 6,2019
FROM:Regina D. Ross, DeputyCountyAttorneyPHONE:904 209-0805 SUBJECT OR TITLE:County Administrator's Professional ServicesContract
AGENDATYPE: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 July5,2019.AcopyoftheAgreementisattachedfortheBoard’sreviewanddiscussion.
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 continuedprofessionalservicesbytheCountyAdministrator,scheduledtoexpireonJuly30,2017; 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:
- provide inducement for County Administrator to remain in suchemployment;
- encouragefullworkproductivitybyassuringCountyAdministrator'shighmorale and futuresecurity;
- provideajustmeansforterminatingCountyAdministrator'sservicesatsuchtime as he may be unable or unwilling to fully discharge his duties, or when the Board may otherwise desire to terminate hisemployment;
- provide a deterrent against malfeasance or dishonesty for personal gain;and
- assurethatthetermsandconditionsoftheemploymentrelationshipareunderstood by the partieshereto.
WHEREAS,uponexecutionofthisAgreementtheBoardandtheCountyAdministrator herebyacknowledgethatalltermsandconditions containedintheNovember2,2010agreement 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:
ArticleI.Effect ofRecitals
The above recitals are incorporated into the body of this Agreement, and said recitals are adopted as findings of fact.
ArticleII.County Administrator Duties andObligations
- 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 asamended.
- TheCountyAdministratormayengageinpart-timeemployment,suchasteaching or consulting work, but only with the prior approval of the Board, as evidenced by a formal vote atanofficialmeeting,andprovidedsuchpart-timeactivitiesdonotinterfereorconflictintimeor interestwithhisresponsibilitiestotheCounty,asinterpretedsolelybytheBoard.
- TheCountyAdministratorwillresidewithintheCountylimitsduringhistenurein
office.
ArticleIII.Term andRenewal
- Term.ThetermofthisAgreementwillbeeffectiveonJanuary17,2017(Effective Date), through and until January 1, 2020 (Expiration Date), unless renewed or earlier terminated as providedherein.
- Renewal. Upon the Expiration Date, this Agreement will automatically renewfor an additional term of two (2) years (Renewed Term), unless the Board provides written notice to theCountyAdministratorofitsintentnottorenewatleastonehundredeighty(180)dayspriorto the Expiration Date. The duration of the Renewed Term may be modified by an affirmative vote of a majority of the full membership of theBoard.
ArticleIV.Termination, Resignation andSuspension
- TerminationbytheBoard.TheBoardretainstheirrevocablerighttoterminatethis Agreementatanytime,subjectonlytotheapplicableprovisionsofChapter125,FloridaStatutes, 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.
- Resignation by the County Administrator. The County Administrator retains the righttoresignatanytime.Insuchevent,theCountyAdministratormustprovidetheCountywith 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 suchresignation.
- ThepartiesherebyacknowledgethattheBoardisauthorizedtosuspendtheCounty Administratorwithfullpayandbenefitsatanytimeduring theeffectivetermofthisAgreement, if:(1)amajorityofthemembersoftheBoardandtheCountyAdministratormutually agree;orif
- 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 Administratorwrittennoticeofallchargesand/orallegationsgivingrisetosuchCausebynoless than ten (10) days prior to the publichearing.
ArticleV.Compensation
- AnnualBaseSalary.AscompensationfortheservicesdescribedinthisAgreement, theCountyshallpaytheCountyAdministratoranannualbasesalaryoftwohundredthirteen,nine hundredseventythreedollarsandninety-fivecents($213973.95),payableinequalinstallmentsin accordance with applicable County policy. Such compensation may be increased from time to time as providedherein.
- Executive Benefits. The County Administrator shall be included in the Florida StateSeniorManagementRetirementclassification,andshallbeprovidedanybenefitsthereofthat are in addition to those afforded by this Agreement. The County shall provide for one hundred percent(100%)oftheCountygrouphealthinsuranceplanpremiumfortheCountyAdministrator and his immediate family. The County shall pay the County Administrator the premium for an accidentaldeathanddismembermentinsurancepolicypertainingtohisperson,forapolicyamount ofFiveHundredThousandandNo/100Dollars($500,000).Suchcompensationmaybeincluded intheCountyAdministrator'sannualcompensationplanandgrossincomeasreportedunderIRS guidelines.
- Deferred Compensation. In addition to his annual base salary, the County agrees tocontributetheequivalentofseventhousandfivehundreddollars($7,500)peryeartoaqualified deferred compensation program of the County Administrator's choosing. Such deferred compensationshallaccrueduringtheCountyAdministrator'sservicetotheCounty.UponCounty 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 IRSguidelines.
- GeneralBenefits.TheCountyAdministratorshallbeentitledtoparticipatein,and receiveresidualbenefitsfrom,allotherfringebenefitprograms generallyofferedtootherCounty 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 thisAgreement.
ArticleVI.Transportation.
- 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 tocommutingtoandfromhisSt.JohnsCountyresidenceandtoCounty-relatedfunctionsorduties, 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,theCountymay,atitsoption,requiretheCountyAdministratortofurnishandusehispersonal vehicle for which the County will pay the County Administrator a monthly allowance of seven hundredandno/100Dollars($700),proratedforanypartialmonth.AttheBoard'sdiscretion,this transportation allowance may be increased annually to allow for increased fuel costs, insurance, maintenance andoperation.
- 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 minimumrequiredbyFloridaStatelaw,whicheverisgreater.Acopyofacurrentinsurancepolicy plus any amendments thereto will be kept on file with the County at all times during the term of thisAgreement.
ArticleVII.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 properlyexecutedreceipts.Officialexpensesandreimbursementsshallbegovernedinaccordance with Florida Statute and applicable Countypolicies.
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 conferencesandmeetings,butshallberestrictedtoamaximumoften(10)businessdaysineach fiscalyearduringtheeffectivetermofthisAgreement.Additionally,suchcostswillincludedues and fees to maintain memberships in such organizations, provided, however, that such County paidmembershipsshallbelimitedtonomorethanfour(4)associationsororganizations.
ArticleIX.Office Space, Supplies andEquipment
The County will provide the County Administrator with sufficient office space, office equipment,andotherresources,supplies,materials,andequipmentthatarereasonably necessary to enable County Administrator to perform the services expected of a County Administrator. "Reasonablynecessary"shallbedeemedtoincludereasonableelectronicequipment(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 Administratorwithassistants,secretarialstaff,andexpertsreasonablynecessarytoenableCounty Administrator to perform the duties of CountyAdministrator.
ArticleX.SeverancePay
- 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 insurancecoveragefortheCountyAdministratorandhisfamilyforaperiodoftwenty(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 providedherein.
- 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.
- 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 agreestoexecutearelease,holdingharmlesstheCounty,itsofficials,employees,andagents,from any liability stemming from his employment and suchtermination.
- IftheCountyatanytimereducestheCountyAdministrator'sannualbasesalaryor otherbenefitsdescribedhereinbyapercentagegreaterthanthatofanacross-the-boardreduction 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 beeffective.
ArticleXI.Bonding
The County shall bear the full cost of any fidelity or other bonds required of the County Administrator by applicable law or ordinance.
ArticleXII.Performance Review andEvaluation
- 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 amountsandtosuchextentastheBoard,initssolediscretion,deemsdesirable.Withinsixty(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 andevaluationinanygivenyearoryearsduringtheeffectivetermofthisAgreement,suchevent shallnotconstituteabreachofthisAgreement.Additionally,intheeventthattheBoarddoesnot conductareviewandevaluationduringanygivenfiscalyear,thenCountyAdministrator'sannual base salary will be increased by the same percentage provided to non-union County employees during that fiscalyear.
- 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 andappropriations.
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 BoardagreesthattheCountyshalldefend,holdharmlessandindemnifytheCountyAdministrator 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 byCounty
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. TheBoardmaycompromiseandsettleanysuchclaimorsuitandpaytheamountofanysettlement 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 AgreementtoprovidefullandcompleteprotectiontoCountyAdministratorbytheCountyforany actsoromissionscommittedwithinthescopeofhisemploymenthereunder,regardlessofwhether thenoticeorfilingofalawsuitforsuchtort,claim,demand,orotherlegaloradministrativeaction occursduringorfollowingCountyAdministrator'semploymentwiththeCounty.Theprovisions 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 civilrights.
Article XIV. General Terms, Conditions and Provisions
- It is understood and agreed by both parties that it is the sole and exclusive prerogativeoftheBoardtograntsalaryandbenefitincreases,orotherperquisitesofoffice.These arepropersubjectsofnegotiationsduringbudgetdeliberationsandperformanceevaluations,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 CountyAdministrator.
- ThetexthereinshallconstitutetheentireAgreementbetweentheparties,andshall bebindingupon,andinureto,thebenefitoftheCountyAdministrator,hisheirs,andhisexecutors.
- IfanyprovisionorportionofthisAgreementisheldtobeunconstitutional,invalid, or unenforceable by a court of competent jurisdiction, it shall be severable, and the remainder of this Agreement shall continue in full force andeffect.
- 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:COUNTYADMINISTRATOR:
--_,,-;-.cr<:s span="">
MICHAEL D. WANCHICK
ATTEST:Hunter S. Conrad,Clerk
LJ
ST. JOHNS COUNTY, FLORIDA, BOARDOFCOUNTYCOMMISSIONERS
By:DeputyClerkBy: