Unedited file copy of “Horn, Laxton, Evans and Ridgely out as Carroll County terminates appointees”
December 5, 2010
Below, please find my unedited file copy for: “Horn, Laxton, Evans and Ridgely out as Carroll County terminates appointees” with links to original source documents and some subsequent happenings in the matter.
Find the published newspaper story here:
All four played roles in current administration; new commissioners take office Dec. 6
Four get combined $250K in severance, leave payments
By Kevin Dayhoff
With the swearing in of a brand new Board of County Commissioners looming next week, Carroll County government announced Wednesday morning that the commissioners have “elected to terminate the contracts” of four mainstays of the current administration - and pay out more than $250,000 in severance and payment for unused leave time.
The employees terminated are:
• J. Michael Evans, director of the Department of Public Works,
• Steve Horn, director of the Office of Planning;
• Vivian Laxton, public information administrator; and
• Neil Ridgely, sustainability coordinator.
In a December 1, 2010 press release, “County Terminates Four Appointees’ Contracts,” the county said the last day of employment for all four would be today — Wednesday, Dec. 1, and that, “In accordance with their employment contracts, leave payouts and severance will be honored.”
It was never determined if now-former public information administrator Vivian Laxton, had to write the press release announcing her termination. It is believed that former newspaperwoman, now Deputy Chief of Staff Cindy Parr wrote it…
Subsequently, in a phone interview, Deputy Chief of Staff Cindy Parr, stated, “… as with most local governments, there are appointed officials who serve in an appointed capacity.” Before this morning’s action by the board of commissioners, “Carroll County had 21 appointed officials – now 17.
“Four of those employees were terminated by the board (this morning.)
“Typically appointed officials have employee contracts. It’s, relatively standard in local – county government…
“In accordance with the particular contracts (that these four employees had) there is provided a severance and leave payout as part of their contract.
“In this particular case that includes a severance package - that provides six-months pay at their current rate of pay. For the four employees… that amounts to a total (aggregated amount) of $189,144.80.”
Parr continued, “In accordance with existing laws and policies, these employees are also due upon termination, all their accumulated unused leave time. That amounts to (an aggregated) total of $68,174.44.”
The four will get a combined $257,319.24 in severance and pay for unused leave time.
It was a 2 – 1 decision (by the commissioners) to terminate the four employees, according to Parr
At Wednesday's meeting of the Board of County Commissioners, Gouge called the severance packages a measure of the "stability that we gave each of our directors" as part of their contracts, and she said other such employees had been offered similar options.
Minnich said he "wrestled" with the severance issue, but ultimately decided that it was the "legal, ethical, and honorable way to deal with the situation.”
On his blog, deanminnich.com, Minnich said the packages were fair considering the employees' service to the county. [http://www.deanminnich.com/2010/12/few-reasons-why-youd-fire-good-employee.html] {Subsequently, Minnich had more to say: http://www.deanminnich.com/2010/12/protesteth-too-much.html}
"They served the interests of the people at some sacrifice to themselves, and to their job security. For that, they are entitled to negotiate a reasonable contract, including the terms of separation," he posted on Wednesday.
"I appreciate their service, not to me, or this board of commissioners, but to the public this board has represented for the past eight years. I'm proud of their work in behalf of the people of Carroll County , and I wish them well as they move on," he wrote. "It's my opinion that the taxpayers got a great deal."
In a written statement about the employee terminations, Minnich elaborated: “I would like to express my personal appreciation for their service, their sacrifices on behalf of the people and their collegial work with all of the employees of the county. [http://kevindayhoff.blogspot.com/2010/12/december-1-2010-commissioner-minnich.html]
“As an elected representative, chosen by the people, I asked these people and every other employee for their skills, best work, the benefits of their education, experience, energy, sense of fairness and integrity, and they delivered admirably.
“Not once were any of them asked to engage in political or partisan activity in the execution of their work, and none of them abused or misused the trust we placed in them.
“It was faith in such people that gave me the confidence to step forward eight years ago, and to continue for a second term, and I am gratified for the experience of having worked with them. I wish them well.”
On Monday, Dec. 6, the incoming Board of County Commissioners will be sworn in. In addition to Shoemaker, the commissioners-elect are Robin Frazier (Dist. 1-Manchester/Taneytown), Dave Roush (Dist. 3-Westminster), Richard Rothschild (Dist. 4-Mount Airy/New Windsor ,) and Doug Howard (Dist. 5-Sykesville/Eldersburg).
Incoming Commissioner Haven Shoemaker, who will represent the 2nd District in Hampstead and Finksburg, said Wednesday that he was “not privy as of yet as to all the details of the termination of these employees,” but he was concerned about the timing and the severance arrangements.
“It’s a bad deal for the Carroll County taxpayers,” he said. “It’s a slap in the face of the taxpayers by (outgoing commissioners Dean) Minnich and (Julia) Gouge as they are walking out the door.”
“We don’t have money for a Christmas tree in the front of the (county) office building,” he said, “but we have plenty of money for golden parachutes for these county employees.”
Shoemaker acknowledged an undercurrent of anxiety among county employees as to who will have a job and who will be asked to leave, and said he is looking forward to working with county employees.
"I have nothing but respect for the rank and file county employee," he said. "I think they are exceptional."
The four employees involved in the terminations are “at will” employees — meaning they serve at the pleasure of the commissioners. It takes at least two out of the three current commissioners to make decisions about an “appointed” employees’ status.
The decision to cut ties with Evans, Laxton, Horn and Ridgely was apparently not unanimous. Outgoing Commissioner Mike Zimmer said he was strongly opposed to the decision.
Outgoing Commissioner Mike Zimmer is outraged by the decision to terminate the employees.
In an e-mail Zimmer’s office [or find it here: http://www.scribd.com/doc/44721103/20101201-Zimmer-Press-Release] sent to fellow County Commissioner Dean Minnick, the county attorney, Kimberly Millender, Chief of Staff Steve Powell and assistant chief of staff Cindy Parr on November 24, Zimmer said, “An exhaustive description of my negative opinion of the action by Commissioners Gouge and Minnich would require a novel length tome.
To summarize my reaction to this ‘buy-out’ concept in one word could only be described as outrage.”
“I do not approve of these measures,” he wrote. “Should Commissioners Gouge and Minnich approve, please note my negative vote. The timing of this situation is not good and will likely do harm to the reputation of many involved. I hope folks will give serious consideration to backing away from this all together.
Zimmer went to write, “I foresee many negative consequences flowing from the contemplated action. Some may be less obvious than others.”
“People should also consider the implications this may have on future employment opportunities with other government agencies,” Zimmer wrote in the Nov. 24 e-mail. “This may be a detriment to such advancements in the future.”
Zimmer’s office released the e-mail to the media on Wednesday.
At Wednesday's meeting of the Board of County Commissioners, Gouge called the severance packages a measure of the "stability that we gave each of our directors" as part of their contracts, and she said other such employees had been offered similar options.
Outgoing Commissioner Mike Zimmer said in a phone interview this afternoon that he was against the decision. “This is a really dumb decision by Commissioner Minnich and Gouge. There was no reason to do this.
“It was an in-your-face to the taxpayers decision by the two commissioner,” said Zimmer.
He went to characterize the decision by Minnich and Gouge, “The two of them simply said we have the power to do this and we don’t care about the taxpayers.
“There was a decision made to not have a Christmas tree in order to save $2,500… Yet, less than two-weeks later they (Minnich and Gouge) burn through $189,000.00 for no purpose.”
Zimmer added, “I would not be surprised if the next board (of commissioners) sued to get the money back…
In my view, it was pretty questionable. I told them so last week,” said Zimmer. After he had sent county staff, Minnich and Gouge a pointed e-mail about the matter, they discussed the action in a conference call, elaborated Zimmer.
Although the commissioners may discuss personnel matters in a “closed meeting,” in this case, a conference call; no notification was made to the public of the “closed meeting,”
Meanwhile, Evans said Wednesday, “Hey, I was very happy to have had the opportunity to work for the citizens of Carroll County ... I was especially pleased to have worked with a fine staff of public works folks.”
As for his future plans, Evans said, “I’m looking forward to retirement.”
Of the four dismissed, Evans and Horn has been down this road before.
Evans began working for the county in 1988 and, in July 2000, he was told by two of the then-commissioners — Robin Frazier and Donald Dell — that he could resign or be asked to leave.
In 2000, the prevailing wisdom was that Evans continued to have the support of the third commissioner at the time, now-outgoing Commissioner Julia Gouge.
After working for Howard County for a number of years, Evan returned to county employment later after Dell and Frazier left office.
Horn had a similar fate at the end of July 2001. After working for the county’s planning department since 1987, Horn left for Frederick County government in August 2001 — only to return several years later when the voters reshuffled those elected to the commissioners’ offices.
Horn was unavailable for comment.
Laxton was unavailable for comment, either, although late Wednesday morning, after the public meeting with the current board of commissioners, she commented on her termination on Twitter.
“It’s official,” she wrote. “I am looking for a job. If anyone knows of a firm in need of an awesome PIO (public information officer), pls let me know.”
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After I wrote, “Horn, Laxton, Evans and Ridgely out as Carroll County terminates appointees - Four get combined $250K in severance, leave payments” on December 1, 2010 [http://www.explorecarroll.com/news/4975/breaking-horn-laxton-evans-ridgely-carroll-county-terminates-appointees/,] many folks have asked why the employees were terminated.
And the answer is - I think I know but I have never gotten anyone to say it on the record… For one thing, both Mike Evans and Steve Horn have been down this road before and maybe the answer lies in the history I wrote in the final third of my article.
Perhaps Commission Dean L. Minnich gives us some additional insight here:
FRIDAY, DECEMBER 3, 2010
Dean Minnich: Protesteth too much http://tinyurl.com/2dtprpq http://www.deanminnich.com/2010/12/protesteth-too-much.html
Commissioner-elect Haven Shoemaker is apoplectic that he didn't get a chance to carry out the threats he had made against certain staff members of the outgoing board of commissioners. He was a man with a plan, and it was going to happen, "right off the bat." Big changes, fast.
Richard Rothschild's comments in Friday's Carroll County Times smack of disingenuousness. In response to the dismissals of the four directors, he complained about the timing, and said, "the new board has never made plans to come in and make replacements without having talked with every appointed employee". But during the hearings for the Pathways master plan he questioned the abilities and even the motives of at least two of the directors who took advantage of their contracts and vacated the premises before he arrives on Monday.
Former commissioners Robin Frazier was silent: But her actions of the past speak volumes. When she took office in her first term, she requested the resignations of all department heads. If they refused, she said, they could find themselves dismissed for insubordination, without accrued benefits. Of all the members of the incoming board of commissioners, the return of Frazier seems to cause the most concern among county employees.
Doug Howard of District 5 is apparently out of the loop already. While Shoemaker and Frazier have been making public comments about rapid changes and "right-sizing" the county staff, Howard says he thinks the release of four directors was intended to disrupt the transition from the current board of commissioners to the new five-member board. He said, "But it was never our intention to make massive changes without a process first." … http://www.deanminnich.com/2010/12/protesteth-too-much.html
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Then on Sunday, December 5, 2010, the Carroll County Times accused outgoing Carroll County commissioners of corruption in office, secret meetings, and payoffs http://tinyurl.com/23maxsz
SUNDAY, DECEMBER 5, 2010 http://tinyurl.com/23maxsz http://kevindayhoff.blogspot.com/2010/12/carroll-county-times-accuses-outgoing.html
Outgoing Carroll County Commissioner Dean Minnich fired back at the Sunday, December 5, 2010 Carroll County Times editorial: “Buyout reeks of payoff.” http://www.carrollcountytimes.com/news/opinion/editorials/article_4657ba0e-fef5-11df-a070-001cc4c03286.html
"The county commissioners offering buyouts and severance packages to county department heads was irresponsible, and taxpayers are lucky that the ultimate cost is only a little over a quarter of a million dollars…
The secretive way in which they went about ensuring their political allies were well taken care of is deplorable, and their waste of taxpayer dollars is indefensible…http://www.carrollcountytimes.com/news/opinion/editorials/article_4657ba0e-fef5-11df-a070-001cc4c03286.html
Outgoing Carroll County Commissioner Dean Minnich fired back: “Sunday's Carroll County Times carried the editorial I expected; I could have written it in advance. Secret meetings, conference calls, reeks of payoffs, cronyism, all words used to express their editorial outrage at the departure of four county employees under the terms of contracts that allowed them to leave with severance pay and accrued benefits.
“Having worked for several newspapers, I can attest that the contracts were little different that many of those signed by newspaper executives and managers who have served at the pleasure of various publishers and group owners. I can attest that the newspapers also observed the appropriate rules and applicable laws for offering and accepting and announcing -- or not -- the changes in job status. Sometimes it is what is not said that speaks volumes...” http://www.deanminnich.com/2010/12/its-about-facts-not-crusade-for-open.html
For a newspaper article written by Kevin Dayhoff on the whole affair, which appeared in www.explorecarroll.com, go here: http://www.explorecarroll.com/news/4975/breaking-horn-laxton-evans-ridgely-carroll-county-terminates-appointees/
20101205 sdosm CC Times accuses outgoing ccboc of corruption
Labels: Carroll Co Commissioners, Carroll Co Govt News, Commissioner Julia Gouge, Commissioner Mike Zimmer, Journalists Laxton Vivian, People Evans-Mike, People Minnich-Dean, Political Scandal
Carroll Co Times accuses outgoing Carroll Co commissioners of corruption in office secret meetings and payoffs http://tinyurl.com/23maxsz
20101201 KED final sdosm Horn, Laxton, Evans and Ridgely out: http://kevindayhoff.blogspot.com/2010/12/unedited-file-copy-of-horn-laxton-evans.html
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