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Former Fernandina Beach City Manager, Dale Martin
While the overwhelming majority of people addressing the Fernandina Beach City Commission spoke in support of City Manager Dale Martin, after discussion the commission voted to terminate his employment effective immediately at the Feb. 22 City Commission meeting.
Commissioners Chip Ross and James Antun voted to keep City Manager Dale Martin and Mayor Bradley Bean, Vice Mayor David Sturges and Commissioner Darron Ayscue voted to terminate.
Mayor Bradley Bean said he had been in discussions with former Fernandina Beach Police Department Chief Mark Foxworth to serve as interim manager. The City Commission approved Foxworth to be hired as interim city manager in a 5-0 vote.
City Commissioner David Sturges made a motion to terminate Martin’s employment with the city at the Feb. 7 meeting. The commission voted to postpone the matter until the Feb. 22 meeting. Sturgess had a laundry list of reasons he believes Martin should be fired, including what he called a lack of leadership in the matter of the Bretts Waterway Cafe lease, his termination of Road Department Manager Rex Lester and his alleged language when speaking to department heads about a presentation by Commissioner Ross to cut each department budget by 10%.
At that meeting Martin answered most of the charges brought by Sturges, and Commissioner Chip Ross also rebutted Sturges’ accusations.
Under the conditions of his employment contract, Martin’s employment can be terminated “for any reason or for no reason prior to the expiration of this Agreement. Cause for termination shall consist of dereliction of the duties of City Manager.”
The contract goes on to define “dereliction of duties.”
“Dereliction of the duties of City Manager is defined herein as, acts of gross misfeasance or malfeasance, gross misconduct which constitutes conduct demonstrating willful or wanton disregard of the City' s interests, a deliberate violation or disregard of the standards of behavior to which the City Commission has a right to expect of the City Manager, carelessness or negligence to a degree or recurrence that manifests culpability, wrongful intent, or shows an intentional and substantial disregard of the City' s interests or of the City Manager' s duties and obligations to the City, including but not limited to conduct resulting in material harm to the City, willful neglect or failure to perform his duties as described herein and in the City Charter, gross insubordination or acts of dishonesty.”
The contract requires the city commission to furnish the city manager with written notification of the grounds for discharge prior to his discharge, and, if requested by the city manager, a public hearing prior to making a decision on the termination. That hearing must occur between 20 and 40 days of that notification. Termination requires a majority plus one (4-1) vote of the city commission.
The commission can, however, terminate the city manager’s employment without cause, if he is given a 30-day notice. “It shall not be necessary for the City Commission to have or state any specific cause, reason or ground to support a motion to terminate this contract,” the language says.
After termination the city manager is entitled 12 weeks salary and compensation of accrued vacation and sick time, not to exceed 96 hours. Under Martin’s current salary of $157,110, that would amount to $36,256, which would be paid in biweekly installments.
