I once sat where the Township Trustees sat on Monday night. I do not envy them and I do not miss having to spend my Monday's in their place. On this past Monday, they were truly between a rock and a hard place.
First of all, I never did understand why you negotiate a retirement, especially with supposedly 'at-will' employees. Years ago I remember that department heads were asked to sign an acknowledgement that they were truly 'at-will' and could be terminated at any time. Not being in charge of personnel, I do not know that it actually occurred.
Nevertheless, after the insubordination to the Township Board by a department head at a previous meeting, the Township Supervisor, who should be representing the interests of the public, should have called him into her office and demanded a resignation and then dismissed him for cause if it was not agreed to.
Now, in my book, anyone who is asking for special consideration and refusing to leave if it is not granted is no more than a thief, essentially extorting his employers, the citizens of the community. If he truly meant what he said in telling the papers that it was 'time to go', then he should have just gone as everyone else did, incentive or not.
But this Board found themselves in a difficult situation in granting those demands. If they were dissatisfied and wanted to fire him, would he sue them under the Americans with Disabilities Act (the Supervisor cited medical issues at the meeting one week earlier) or sue under the Age Discrimination in Employment Act (he is 67)? The payment of money is certainly less than the cost of a lawsuit and possible settlement. But does this mean the Board cannot fire someone they are dissatisfied with, if indeed they are, for fear of another lawsuit? As my former colleague, Ray Holland, used to say, 'Let them get in line'.
Now, if this department head is truly interested in the welfare of the community residents, the $40,000 check should be returned and he should leave with no special privilege. He is not that special, IMHO.
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