Henry MacArty settlement .. buyout
MINUTES
LEHIGH ACRES FIRE CONTROL AND RESCUE DISTRICT SPECIAL COMMISSION MEETING
September 9, 2006
The September 9, 2006 Special Commission Meeting of the Lehigh Acres Fire Control and Rescue District Board of Commissioners was opened at 8:00pm by President Haas. Present were: Commissioners Boyd, Guzman, Ashman, Berndt, and Haas; Chief Adams Assistant Chief Haugh, Administrative Assistant Platas and DVP Anthony DeSanto.
After the Pledge of Allegiance, Commissioner Haas stated the purpose of the Special Meeting was to Review and possibly settle an agreement with Henry D. MacArty.
Attorney Pringle handed out a Settlement Agreement that was in agreement between Attorney Pringle and Attorney Mike Tice who is representing AC MacArty in the lawsuit "Henry MacArty versus Lehigh Acres Fire District". Henry MacArty or Attorney Tice could not be in attendance.
Attorney Pringle drafted a Settlement Agreement, resolution of the pending lawsuit and also separation of employment of Assistant Chief MacArty from the District. If approved by both parties, one of the results will be AC MacArty will no longer be here and have an immediate termination date.
Attorney Pringle went through the terms of the Agreement:
Articles 1 and 2. Provides for payment to AC MacArty as part of settlement for $158,000. We have to pay $145 per month to wards his health insurance.
Article 3. Provides that the parties will not discuss any settlement. This is in a sense a gag order.
Article 4. Upon payment of the $158,000 proceeds, the lawsuit will be immediately dismissed with prejudice and AC MacArty will be immediately terminated.
Article 5. With regards to the pending disciplinary proceeding - there will be no formal report issued - closed with no formal findings.
Article 6. No re-employment with the District.
Article 7. AC MacArty cannot enter property - cannot talk to other people about District business.
Article 8. Amendment of employment contract - settlement agreement constitutes the amendment of his contract. His termination date will be 9/9/06.
Article 9. Release provision - One of the demands that Henry MacArty would agree to a complete release of the District so the Commissioners wouldn't have to be concerned of future litigation.
Article 10. District releasing AC MacArty.
Article 11. If either party violates or faults - action against other party will evolve.
Article 12. Take effect immediately and no expiration date.
Article 13. Not a recital.
Article 14. The court reserves jurisdiction
Article 15. Each party will pay their own attorney costs.
Article 16. Parties agree that the parties signing are authorized
Article 17. Three originals signed. One District's file, Court file and Henry MacArty.
PULBIC COMMENTS:
Gordon Despot, a resident of Lehigh Acres spoke on this subject. He stated he requested as a public record the personnel record of Henry MacArty. Wasn't provided everything he was asked for. He stated we have a pattern here. When you look at these documents, there is a pattern of unprofessional conduct, false statements, conduct unbecoming an officer. There is a pending investigation that may result hi the termination of Henry MacArty. There is a sense to get rid of this employee. Reading his contract, he has 13 months left on this. This settlement is paying him more money than his contract is worth. Mr. Despot stated he's upset. He questioned the Board as to why they would consider paying this employee. Mr. Despot read excerpts from Henry MacArty's personnel file. He implores the Commission to not approve this settlement as written. You are spending people's - taxpayers money — a lot of money. Please consider that before you vote on this. In the personal bankruptcy of Henry MacArty that is a public record, Henry named two debtors - one was a former Commissioner — Commissioner Boardman. He went bankrupt on a pillar of our Community. That goes to show the character of this employee
Dr. Mike Tucker, resident of Lehigh Acres stated I'm amazed that the local newspaper is occupied with the fire department. This Assistant Chief is the highest paid hi our county. He's been reprimanded and now he's suing. We're going to pay him $158,000. Does the fire department reward him for siring? Commissioners are representing the community. Why pay off an employee when you have a choice - arbitration of a mediator. Please think this decision over.
Commissioner Boyd motion that we accept the recommendation of the Attorney Pringle in the settlement of Henry D. MacArty.
Commissioner Guzman seconded for discussion purposes.
Commissioner Ashman stated the Commissioners know his feelings from the executive sessions. This is not in line with what the two strategy sessions were.
Commissioner Boyd stated a lot of things were discussed in the executive session. His bankruptcy has nothing to do with the fire department.
Commissioner Berndt asked what Henry MacArty is currently making. The question becomes in his mind — do we spend the money in extended litigation or spend it settling the contract.
Commissioner Haas stated as far as his thoughts go — mere are things that this Board and this staff and our counselor talked about at executive session that we can't speak about tonight. There is also rights on both sides. As far as the ongoing investigation of Henry MacArty and Assistant Chief Jeff Haugh, there are things about that and the responses of the special investigator mat we can't disclose. Attorney Pringle stated at this point a report has not been generated that is finalized and public. He doesn't know what the legal fees are this far dealing with Henry MacArty., but things come up almost everyday. Personally Henry MacArty, over many years being in Lebigh and coming through the ranks the way he has and dealing with people, good and bad, in the Chairman's opinion, he's learned how to tiptoe through land mines and walk through the system and create a negative atmosphere and create problems even present day with the new Chief — just enough to cause problems but not get him in hot water. He's a smart fella and he knows how to work the system. Commissioner Haas said he has a contract that gives him a lot of latitude to do what he wants. We have to look at that — in the long run, with what we have accomplished in mis department and what we are looking at doing, it comes down to dollars and cents. Even though he (Commissioner Haas) is up for election — he has to look at the big picture. It's almost like a write-off. Do we keep him here and wait to see what the arbitrator says. What he does to disrupt the everyday operations of this District w/o getting himself in trouble and what he does to the public without getting fired, this check is a lot of money, bis contract and what he's created all these years, is holding his division back. It was a similar decision with Chief Cardoza — but for different reasons. It was a matter of mis department going forward. Do we drag behind and wait and see. Henry MacArty knows just what to do without getting fired. He wants to be done with this and move forward. Henry MacArty has his fens too — they didn't show up tonight It is a big deal — what he did to people in the audience. We're done buying out contracts.
Commissioner Guzman stated this is a settlement of a lawsuit.
Attorney Pringle stated this is a global settlement of all issues of Henry's lawsuit and employment
Attorney Pringle stated with regard to the litigation alone, the last offer before we started discussing this proposal - the last offer by Henry MacArty for the District was to pay him a sum of money, more than here, plus he would remain an employee of the District through the end of his contract
Mr. Despot left stating you have a check on the table. You already had your minds made up.
Brace McGunner, resident of Lehigh Acres stated Henry is a very smart man. He's starting a fire business. If you think he's going away. He's not He knows how to walk a fine line. I guarantee you he'll be back. You're going to have to deal with him down the road. If you give in and pay the money, he's going no where.
Commissioner Boyd asked about limited access to the department Attorney Pringle stated in Article 7 of the Settlement Agreement states if AC MacArty abuses the limited access, the Chief shall revoke the limited access.
He could run for Commissioner though.
Being put to a vote the motion passed 3-2 with the opposing votes from Commissioners Berndt and Ashman.
Adjourn at 9:13pm.
LEHIGH ACRES FIRE CONTROL AND RESCUE DISTRICT SPECIAL COMMISSION MEETING
September 9, 2006
The September 9, 2006 Special Commission Meeting of the Lehigh Acres Fire Control and Rescue District Board of Commissioners was opened at 8:00pm by President Haas. Present were: Commissioners Boyd, Guzman, Ashman, Berndt, and Haas; Chief Adams Assistant Chief Haugh, Administrative Assistant Platas and DVP Anthony DeSanto.
After the Pledge of Allegiance, Commissioner Haas stated the purpose of the Special Meeting was to Review and possibly settle an agreement with Henry D. MacArty.
Attorney Pringle handed out a Settlement Agreement that was in agreement between Attorney Pringle and Attorney Mike Tice who is representing AC MacArty in the lawsuit "Henry MacArty versus Lehigh Acres Fire District". Henry MacArty or Attorney Tice could not be in attendance.
Attorney Pringle drafted a Settlement Agreement, resolution of the pending lawsuit and also separation of employment of Assistant Chief MacArty from the District. If approved by both parties, one of the results will be AC MacArty will no longer be here and have an immediate termination date.
Attorney Pringle went through the terms of the Agreement:
Articles 1 and 2. Provides for payment to AC MacArty as part of settlement for $158,000. We have to pay $145 per month to wards his health insurance.
Article 3. Provides that the parties will not discuss any settlement. This is in a sense a gag order.
Article 4. Upon payment of the $158,000 proceeds, the lawsuit will be immediately dismissed with prejudice and AC MacArty will be immediately terminated.
Article 5. With regards to the pending disciplinary proceeding - there will be no formal report issued - closed with no formal findings.
Article 6. No re-employment with the District.
Article 7. AC MacArty cannot enter property - cannot talk to other people about District business.
Article 8. Amendment of employment contract - settlement agreement constitutes the amendment of his contract. His termination date will be 9/9/06.
Article 9. Release provision - One of the demands that Henry MacArty would agree to a complete release of the District so the Commissioners wouldn't have to be concerned of future litigation.
Article 10. District releasing AC MacArty.
Article 11. If either party violates or faults - action against other party will evolve.
Article 12. Take effect immediately and no expiration date.
Article 13. Not a recital.
Article 14. The court reserves jurisdiction
Article 15. Each party will pay their own attorney costs.
Article 16. Parties agree that the parties signing are authorized
Article 17. Three originals signed. One District's file, Court file and Henry MacArty.
PULBIC COMMENTS:
Gordon Despot, a resident of Lehigh Acres spoke on this subject. He stated he requested as a public record the personnel record of Henry MacArty. Wasn't provided everything he was asked for. He stated we have a pattern here. When you look at these documents, there is a pattern of unprofessional conduct, false statements, conduct unbecoming an officer. There is a pending investigation that may result hi the termination of Henry MacArty. There is a sense to get rid of this employee. Reading his contract, he has 13 months left on this. This settlement is paying him more money than his contract is worth. Mr. Despot stated he's upset. He questioned the Board as to why they would consider paying this employee. Mr. Despot read excerpts from Henry MacArty's personnel file. He implores the Commission to not approve this settlement as written. You are spending people's - taxpayers money — a lot of money. Please consider that before you vote on this. In the personal bankruptcy of Henry MacArty that is a public record, Henry named two debtors - one was a former Commissioner — Commissioner Boardman. He went bankrupt on a pillar of our Community. That goes to show the character of this employee
Dr. Mike Tucker, resident of Lehigh Acres stated I'm amazed that the local newspaper is occupied with the fire department. This Assistant Chief is the highest paid hi our county. He's been reprimanded and now he's suing. We're going to pay him $158,000. Does the fire department reward him for siring? Commissioners are representing the community. Why pay off an employee when you have a choice - arbitration of a mediator. Please think this decision over.
Commissioner Boyd motion that we accept the recommendation of the Attorney Pringle in the settlement of Henry D. MacArty.
Commissioner Guzman seconded for discussion purposes.
Commissioner Ashman stated the Commissioners know his feelings from the executive sessions. This is not in line with what the two strategy sessions were.
Commissioner Boyd stated a lot of things were discussed in the executive session. His bankruptcy has nothing to do with the fire department.
Commissioner Berndt asked what Henry MacArty is currently making. The question becomes in his mind — do we spend the money in extended litigation or spend it settling the contract.
Commissioner Haas stated as far as his thoughts go — mere are things that this Board and this staff and our counselor talked about at executive session that we can't speak about tonight. There is also rights on both sides. As far as the ongoing investigation of Henry MacArty and Assistant Chief Jeff Haugh, there are things about that and the responses of the special investigator mat we can't disclose. Attorney Pringle stated at this point a report has not been generated that is finalized and public. He doesn't know what the legal fees are this far dealing with Henry MacArty., but things come up almost everyday. Personally Henry MacArty, over many years being in Lebigh and coming through the ranks the way he has and dealing with people, good and bad, in the Chairman's opinion, he's learned how to tiptoe through land mines and walk through the system and create a negative atmosphere and create problems even present day with the new Chief — just enough to cause problems but not get him in hot water. He's a smart fella and he knows how to work the system. Commissioner Haas said he has a contract that gives him a lot of latitude to do what he wants. We have to look at that — in the long run, with what we have accomplished in mis department and what we are looking at doing, it comes down to dollars and cents. Even though he (Commissioner Haas) is up for election — he has to look at the big picture. It's almost like a write-off. Do we keep him here and wait to see what the arbitrator says. What he does to disrupt the everyday operations of this District w/o getting himself in trouble and what he does to the public without getting fired, this check is a lot of money, bis contract and what he's created all these years, is holding his division back. It was a similar decision with Chief Cardoza — but for different reasons. It was a matter of mis department going forward. Do we drag behind and wait and see. Henry MacArty knows just what to do without getting fired. He wants to be done with this and move forward. Henry MacArty has his fens too — they didn't show up tonight It is a big deal — what he did to people in the audience. We're done buying out contracts.
Commissioner Guzman stated this is a settlement of a lawsuit.
Attorney Pringle stated this is a global settlement of all issues of Henry's lawsuit and employment
Attorney Pringle stated with regard to the litigation alone, the last offer before we started discussing this proposal - the last offer by Henry MacArty for the District was to pay him a sum of money, more than here, plus he would remain an employee of the District through the end of his contract
Mr. Despot left stating you have a check on the table. You already had your minds made up.
Brace McGunner, resident of Lehigh Acres stated Henry is a very smart man. He's starting a fire business. If you think he's going away. He's not He knows how to walk a fine line. I guarantee you he'll be back. You're going to have to deal with him down the road. If you give in and pay the money, he's going no where.
Commissioner Boyd asked about limited access to the department Attorney Pringle stated in Article 7 of the Settlement Agreement states if AC MacArty abuses the limited access, the Chief shall revoke the limited access.
He could run for Commissioner though.
Being put to a vote the motion passed 3-2 with the opposing votes from Commissioners Berndt and Ashman.
Adjourn at 9:13pm.
posted by Editor Facts & Myths | 8:16 PM
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