Nassau County Board of County Commissioners Special Session February 11, 2015, 9:00 a.m.

Nassau County Board of County Commissioners
Special Session
February 11, 2015, 9:00 a.m.
Commission Chambers, 96135 Nassau Place, Yulee, Florida

Call to order, Invocation and Pledge of Allegiance to the American Flag.

County Commissioners:
Present: Chairman Pat Edwards; Commissioners Steve W. Kelley, George Spicer, Danny Leeper and Walter J. Boatright.

Staff Present:
Ted Selby, County Manager; Mollie Garrett, local attorney; Shanea Jones, Office of Management and Budget Director; Chili Pope, Human Resources Director; Tina Keiter, Human Resources; and representing the Clerk’s office Connie Arthur, Deputy Clerk.

Official Summary:
AUDIENCE INPUT:
SS150211 –__09:01:54 – Mimi Vitale came forward to state that Mr. Mullin is a friend and well-qualified for the position; however, she cautioned the board to be mindful of the budget during these negotiations.

NEW BUSINESS:
SS150211 – 09:05:06 – Continue discussion regarding the Employment Contract with Michael S. Mullin for the position of County Attorney.

Discussion: Chair Edwards recapped prior discussion of this topic. On January 28, 2015 the full Board discussed and negotiated the draft employment contract in detail with Mr. Mullin and there was consensus to move forward with the changes discussed. No vote was taken at that time in order to seek clarification from outside counsel on two specific items: (1) whether or not the board could add a supermajority vote for termination without cause and (2) add an arbitration clause. On February 9, 2015 the Board was to consider approving the revisions including the two items as clarified; however, additional changes were proposed by two commissioners and action was deferred to this meeting. The contract negotiated on January 28, 2015 was done so in good faith; Chair Edwards requested a motion to vote on the contract as presented on February 9, 2015. Discussion ensued.

Jeff Siebenaller, Yulee resident, came forward to point out cost savings by not working with a headhunter to fill this position as well.

Motion: Approve the employment contract with Michael S.
Mullin for the position of County Attorney as
negotiated on January 28, 2015 with two
clarifications from outside counsel and brought
back to the full board on February 9, 2015.
Maker: Commissioner Boatright
Second: Commissioner Leeper
Action: Ayes: Commissioners Boatright, Leeper, Edwards
Nay: Commissioners Kelley and Spicer
Follow Up: County Manager, Human Resources

Mr. Mullin came forward to point out another potential cost savings, commenting that most of the funds set aside for litigation purposes would not be needed and could be used for other purposes to benefit the county (approximately $100,000). With a vote of three to two to approve the contract, he expressed concern for not having the full support of the board. Commissioner Kelley clarified he has full confidence in Mr. Mullin’s ability and feels he is the best person for the job, but disagrees with some of the terms of the contract. Commissioner Spicer stated Mr. Mullin is a fine young man but he wanted to include consideration of the other candidates in the discussion as well. The group debated whether or not a second motion was needed to hire Mr. Mullin; concluding that it was not necessary.

Mr. Selby and Attorney Garrett clarified the process to formally present the contract to Mr. Mullin. Having addressed his concerns, Mr. Mullin accepted the contract with an effective date of March 2, 2015. Based on the board’s actions, Mr. Selby will present the final version of the employment contract to Mr. Mullin for signature.

Motion: Authorize the Chair to sign the finalized
Employment Contract with Michael S. Mullin as
approved by the Board for the position of County
Attorney effective March 2, 2015.
Maker: Commissioner Boatright
Second: Commissioner Leeper
Action: Aye: Commissioners Kelley, Spicer, Leeper,
Boatright and Edwards.
Follow Up: County Manager, Human Resources, Chairman
Edwards

Jimmy L. Higginbotham came forward to state that Mr. Mullin is the best person for the job.

There being no commissioner items and no further discussion, the special session of the Board of County Commissioners adjourned at 9:30 a.m.

_________________________ Pat Edwards, Chair
County Commission

Attest:

______________________
John A. Crawford
Ex-Officio Clerk