MINUTES OF THE

BAY COUNTY LIBRARY SYSTEM

BOARD OF TRUSTEES

SPECIAL BOARD MEETING

March 21, 2006

Ella Jane Martini, Chairperson, called the Special Board meeting of the Bay County Library System Board of Trustees to order at noon on March 21, 2006 in the Community Room of the Alice and Jack Wirt Public Library.

Roll call present: Derald Adcock, James Davison, Mark Kaplenski, Ella Jane Martini,

and Howard Wetters

Other: Kevin Ayala, Connie Barton, Brooke Garcia, Marilyn Kaeckmeister,

Steve List, Kathy MacDonald, Mark Maul, Jamie Nisidis, Betsy Osborn,

Sheila Pearsons, Beth Rye, Eileen Schulz, Jane Smith, Linda Smith,

Ryan Stanton, Denise Trudell, Colette Wisniewski, and Sarah Wohlschlag

OPEN TO THE PUBLIC

No public input.

NEW BUSINESS

Ratification of Employee Termination – Ella Jane Martini called for a motion to ratify the employee termination, in which a copy of this letter has been given to each trustees.

A Point of Order was called by Howard Wetters. He has concerns that there may be a conflict of interest with board trustee, Mark Kaplenski, a City of Bay City employee. He believes this to be similar to that of the past Library Chairperson, Michael Gray, who as a County employee, resigned from the board due to a contract between the Bay County Library System and Bay County. E. J. Martini interjected this does not pertain to the issue at hand and called for a Point of Order. H. Wetters responded the Point of Order is that M. Kaplenski has an incompatibility of office as a board member. E. J. Martini pointed out the Library Board is not the appointing board for Library trustees. H. Wetters explained that there is an existing contract between the Library and the City of Bay on Pershing Park and because M. Kaplenski is an employee of the City, believes this to be an incompatible issue and he should remove himself from the Library Board. Mark Kaplenski stated he believes this issue is beyond the scope of the Library Board Trustees to make that determination and would be better served by the State Attorney General.

H. Wetters referred to the letter, and asked Chairperson E. J. Martini to produce the evidence to back up these accusations stated in the letter. He pointed out he has not received any correspondence or any indication that these issues had been brought to the Director’s attention. He added that the Board recently gave the Director a satisfactory employment review. He stated there has been no formal board action that would suggest goals or changes the Director should take. James Davison stated he disagrees; that there were goals listed for the Director at his last job evaluation. H. Wetters responded the board never voted on those particular goals; they were suggestions from individual trustees which does not constitute direction from the board. J. Davison responded, the motion made at that particular board meeting, included direction and a list of goals that the Director needed to follow, which was adopted by the board. H. Wetters restated his request, that as a Library Board trustee, he wants to see evidence and or the process E. J. Martini followed to make these accusations. E. J. Martini responded that the employee is aware of the evidence and that as she is anticipating a possible lawsuit, will not at this time list the accusations. H. Wetters questioned E. J. Martini as to why she would put the board in this position where she expects a lawsuit. He stated that as Chairperson of the Library Board, she has put the funds of the taxpayers of Bay County at risk for legal action, but is not willing to justify these actions. E. J. Martini assured him she would when the time came. She then asked the Board’s attorney if she was required to list these issues now. Attorney Jamie Nisidis responded that it would be the Chairperson’s decision whether to elaborate on the reasons that have brought about this termination. H. Wetters asked for an opinion by the attorney, as to what authority Library Board Chairperson E. J. Martini has, to fire Fred Paffhausen without first consulting with trustees since typically, the Library Board as a whole hires and fires. J. Nisidis responded she is not familiar with the Library’s bylaws, as to whether there is authority by the Board chair or a subcommittee to take this action, and then subsequently ratify the decision. Certainly, if the action was taken and ratified by this board, then it is in effect. She pointed out that she was not asked to review the bylaws of the Library Board but to be present at this meeting to address any issues related to employment matters. E. J. Martini pointed out that under the contract it states the Directors work directly under the Board Chairperson. H. Wetters responded it does not allow for independent authority to the Board Chairperson to terminate employment; the contract is with the entire Board, not just the Chairperson.

H. Wetters asked that the meeting minutes reflect that it is clear from his perspective that E. J. Martini, as Chairperson and J. Davison as Chairperson of the Personnel Committee, have willfully engaged in a vendetta against the Director. They have done everything in their power to arrive at this point. The fact that they made these kinds of accusations against any person without being willing to stand up in some fashion, verify and validate what has been done is quite frankly, well, there’s a special place in Hell for people who do things like that.

H. Wetters further explained that there is a process for employees that include the need to go through a notification of deficiency; an opportunity to correct the deficiency; an opportunity to go through that process but he does not see where this board has done that at all. He stated he does agree with E. J. Martini, and believes there will be a lawsuit; that it is most likely inevitable given the way J. Davison and E. J. Martini have pursued this matter. He suspects the lawsuit will cost the Library hundreds of thousands of dollars and would most likely involve the Library in a lawsuit all summer just before the millage needs to be passed. As they say in the Guiness ad, ‘Brilliant!’

Motion by J. Davison, seconded by M. Kaplenski, to ratify the action of the employee’s termination.

Roll call: D. Adcock – yes; M. Kaplenski – yes; J. Davison – yes; H. Wetters – No; E. J. Martini – yes. Motion carried.

Temporary Director – E. J. Martini asked for approval to appoint Board Trustees to interview candidates for the temporary Director position and bring back to the full Board their recommendation. In response to H. Wetters’ question as to who would be on this subcommittee, E. J. Martini appointed J. Davison, Personnel Committee Chairperson and herself to review applications for the temporary Director position.

Motion by D. Adcock, seconded by M. Kaplenski, to receive applications for the temporary Library Director and bring back to the full board their recommendation.

Roll call: D. Adcock – yes; M. Kaplenski – yes; J. Davison – yes; H. Wetters – yes; E. J. Martini – yes. Motion carried.

OTHER

There was other business to come before the board.

ADJOURN

Motion J. Davison, seconded by D. Adcock, to adjourn the meeting at 12:15 p.m. Motion carried.

_____________________ _______________________

Derald Adcock Eileen Schulz

Secretary/Treasurer Recording Secretary