Commissioners Uphold Benda Vote, Deny Meeting Violation
April 30, 2015
Grand Traverse County commissioners upheld a previous vote to non-renew the contract of County Administrator Dave Benda and publicly denied violating the state’s Open Meetings Act (OMA) at a Wednesday night board meeting. Commissioners Dan Lathrop, Christine Maxbauer, Carol Crawford, Alisa Kroupa and Bob Johnson reaffirmed their decision to part ways with Benda, while Commissioners Ron Clous and Sonny Wheelock opposed the motion. Benda will depart the county effective May 1 with a $94,000 severance package.
During a heated discussion about the rationale behind their decision, the majority bloc of commissioners who supported Benda’s ouster publicly decried a formal complaint filed by Wheelock with the Michigan State Police Monday questioning whether the board violated OMA. At their April 15 meeting, commissioners took less than 10 minutes to decide to part ways with Benda and offered little public discussion or explanation for the move. Commissioners Wednesday said they all reached their decision independently and had no private conversations about Benda’s departure, citing his reluctance to engage in the county’s new results-based budgeting process as the primary reason for their vote.
“Where (results-based budgeting) fails is when you have someone who’s not enthusiastic and championing the process,” said Maxbauer. “That was my sole reason for voting not to renew his contract. I did not violate the Open Meetings Act.” Kroupa stated that “it doesn’t take a secret meeting to have people (realize) this county is messed up.” She continued: “I am so profoundly disappointed in what is happening right now to the members of the board. You know what these five people are guilty of? Keeping their campaign promise. We’re going to vote on the same things. Is it collusion? No.”
Crawford and Lathrop both acknowledged they felt “surprised” at the lack of discussion over Benda’s departure, but stressed they reached the decision to non-renew his contract on their own. “I am absolutely capable of making my own decisions,” said Crawford. “I can’t be swayed, I can’t be manipulated.” For his part, Lathrop said Benda “made it clear he wasn’t interested in budgeting for outcomes” and said the county needed “an administrator who whole-heartedly embraces this (process).”
Wheelock countered that the April 15 board agenda only contained an item to discuss Benda’s contract, noting there was “no draft motion or resolution” included in the packet that discussed terminating his agreement. Maxbauer brought a prepared motion to that meeting which she had drafted in consultation with the county’s legal counsel recommending Benda’s departure. “If this discussion that happened tonight had happened two weeks ago, none of us would ever have had to go through the last 10 days,” said Wheelock.
Former county commissioner Herb Lemcool also presented the board with a letter endorsed by 18 former commissioners recommending the county hold off parting ways with Benda for at least another month until more public discussion could take place on the issue. “I think you’ve lost credibility with the citizens, the employees and the media,” Lemcool said. “I urge you to hold back, reconsider and put it on next month’s (agenda).” Commissioners, however, opted to dismiss Lemcool’s request, with Kroupa stating that “the 18 names on this letter have put us exactly in the position we’re in now.”
After their vote, commissioners authorized County Finance Director and Deputy Administrator Dean Bott to take over Benda’s purchasing powers, though Bott told the board he’d prefer not to be appointed interim administrator due to his workload with upcoming budget preparations. “I have a full-time job as it is,” Bott said. “That (would be) more than one person can handle.”
The board also supported staff to move forward with interviewing candidates for the county’s open human resources director, and noted employees could bring any issues that required higher authorization to the commissioners’ weekly committee meetings until an interim or full-time administrator can be hired. Commissioners plan to meet again soon to begin reviewing the job description for county administrator and to discuss a timeline and process for advertising for candidates.
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