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06-16-2003 Special Called Meeting PEACHTREE CI.TY AI RP()RT AUTHORITY MINUTES OF SPECIAL CALLED MEETING June 16, 2003 A Special Called Meeting of the Peachtree City Airport Authority was held in the lobby of the Aviation Center, 7 Falcon Drive, Peachtree City, Georgia, on June 16, 2003, at 3:00 p.m. Those present for the Authority were Chairman Catherine M. Nelmes; Members Jerry R. Cobb, Matt M. Davis, Douglas A. Fisher, and James E. Toombs; Airport Manager James H. Savage; Authority Attorney Stacey S. Collins; Assistant Manager Andrew Bolton; and Richard P. Lindsey, Esq., Legal Counsel for Mr. Savage. Nev.v Agenda Item: 03-06-04 Consider "Retirement Agreement and General Release" for the amicable termination of employment of Airport Manager. Chairman Nelmes made an opening statement regarding the agenda item, and stated that in keeping with the procedures used at normal meetings, she believed that the issue should be discussed first, starting with the Authority Members, then the public, then a motion should be considered, followed by a discussion of the motion from both the members and the public, then a vote should occur. . The general discussion was started by Mr. Fisher who expressed his strong disagreement with the process that had been followed to that point stating that he believed it to be extremely unfair to Mr. Savage. He also said however he did not want to exacerbate the efforts to find a workable solution to the issue. Mr. Cobb agreed that he believed the process was flawed and stated that while he did not support the release of Mr. Savage, he did support the retirement agreement as an alternate. He also commended Mr. Savage for a job well done. The remaining members of the Authority did not offer comments at that point. Several tenants and members of the public rose to address the issue, including Mr. Jim Friday, former Authority Chairman Bob Patterson, Mr. Jake Tryon, Mr. Richard Epton, Mr. Lee Davis, Mr. Jay Herrin, and Mr. Lanny Marsh. Most of the comments were supportive of Mr. Savage's service to date and generally expressed the view that the process seemed unfair and they wondered why such an action to terminate was necessary or even advised? Chairman Nelmes read into the record two documents received that day from Mr. Pat Broderick and Mr. Russ Solsvig that addressed the issue. Those documents are attached and made a part of these minutes. , J , , - 1 - Former Authority Chairman Patterson rose to ask the Authority to rethink their decision and asked if the City government had any influence on the decision to replace Mr. Savage? Chairman Nelmes replied that the City government was not involved in the decision and that the Authority had been discussing the issue in Executive Session for several months and a majority believed the action was necessary. She also indicated that no replacement had been selected or even been interviewed, and she wanted to thank Mr. Savage for agreeing to stay on until they could find a new candidate. Mr. Fisher asked Mr. Toombs, Mr. Davis and Chairman Nelmes individually if they would reconsider their decision for this action? The response from each was no. Additional comments were heard from the floor, including a question from Mr. Friday as to why such drastic measures were needed? Chairman Nelmes replied that there were no specific reasons but the majority of the Authority believed it was necessary to make "a change in direction" and that they would need someone with the skills necessary to make those changes. A question from the floor asked what those changes might be and how they might affect the airport's future. Chairman Nelmes responded that they had made changes in the Airport Manager's job description and that they needed to look forward at marketing and community outreach efforts, but they would not lose site of current efforts. She then called for a motion on the issue. A motion was made by Mr. Toombs to approve the Retirement Agreement and General Release as presented and offer it to Mr. Savage for his acceptance. The motion was seconded by Mr. Davis. After additional discussion, during which Mr. Davis responded to additional inquiries about why this action was necessary by stating that certain issues had surfaced during discussions in Executive Session but he did not believe they should be discussed during this forum, and that it had been a difficult decision but one that he believed was necessary, the question was called. The motion passed with three voting in the affirmative, with Mr. Fisher voting nay and Mr. Cobb abstaining. At 3:40 p.m., Chairman Nelmes called for a motion to adjour :~~~;: '"' w"' p'"'' ":'" -2- , which was made b ously. . elmes, Chairman BRODER1Ck 85/15/2883 19:42 32558257955 ,.... [ TO: FROM: PAGE 81 === COVER PAGE === ~ /{EH4#.r Or I/'I-..e ~C"l'I"..!'F~ ,~t." CI r( ('''(/li/eN_ A~v /r ,YU,L.;- Ar/"""'~l'Po,r'. r: T ,tLpu I t.K-. FAX: # y" Y 7~c:J - ~3 ~.3 TEL: #- ;..a y,lr - T~? / I PAGE[S] TO FOllOW COMMENT: ",...,.." i , , ~ r , l l fi~~$1! S~Jt. A '- e~7~"7' /A/ ~ t. trr~A.. ~ ~:~;.':;? (~,~, 05/16/2003 19:42 32568257%5 BRODERICK PAGE 02 r- V June 16,2003 The Airport Authority Peachtree City, Georgia, 30269 To Whom It May Concern, This fax transmission is written in strong support of Mr. James Savage, current manager of the Peachtree City "Falcon Field" Airport. ,..., About two years ago I went to Colonel Tom Barnes, who was at that time Wing Commander of the Commemorative Air Force (CAF), and told him that I was an unabashed supporter of Peachtree City. If they were to build a Hanger I would not support it if they built it in Newnan, GA, but that 1 would donate $15,000 if they built it at the airport in Peachtree City. They did build it in Peachtree City, and I met my pledge. I would not have done that if I 4ad known that the airport manager was going to be replaced. I have not always agreed with the actions of the airport in Peachtree City, but 1 always knew that the decision was reached with the best interests of the citizens of Peachtree City in mind. It is my recommendation that if the decision to replace Mr. Savage has been made then he should at least receive separation pay based on a recent decision of the City Council regarding civil servant pay. r Patrick M. Broderick Senior Vice-President, Investments Smith Barney ,...., STATE OF GEORGIA I COUNTY OF FAYETTE " RETIREMENT AGREEMENT AND GENERAL RELEASE PEACHTREE CITY AIRPORT AUTHORITY, a public authority established and existing pursuant to Georgia statutory law, with offices located at 7 Falcon Drive, Peachtree City, Georgia, (referred to throughout this Agreement as "the Authority"), and JAMES H. SA V AGE, residing at 117 Camp Creek Trail, Peachtree City, Georgia (referred to throughout this Agreement as "Employee") agree that: 1. Last Dav of Emplovment. The Authority and the Employee have agreed to terminate employment on an amicable basis. Employee's last day of employment with the Authority will be as set forth in Paragraph 2 below. 2. Consideration. As consideration for the execution of this Agreement by the Employee and in recognition of the many years of service Employee has given to the Peachtree City-Falcon Field AirpOt1 and the Authority, and compliance with the promises made herein, the Authority and Employee agree that: (d) ,.-, (a) Authority shall pay Employee a retirement sum of $10.000 per year for 4 years beginning in January 20Q4, for a total of $40,000 which shall be payable on January 15 of each year. or if Employee elects in his sole discretion, the Authority shall accelerate such payments. If Employee elects to accelerate the payments, he shall give the Authority 60-days notice of such election. Employee shall work full-time until September 30, 2003. Employee shall work a minimum of 25 hours per week from October I, 2003, through December 31, 2003, and shall have the right, and is encouraged, to spend time and effort to find new employment and shall have the right to be away from work to attend interviews and otherwise as needed to seek new employment; however, the business of the airport shall be conducted in an uninterrupted manner. During this period, the Authority shall pay the Employee his current salary. If during this period, Employee obtains other employment. Employee shall give the Authority 30-days notice before terminating his employment and Authority shall pay Employee the full salary through the termination date. Health and life insurance, as currently maintained, shall continue for 3 months after the Employee's last day of employment in accordance with Georgia Continuation of Coverage policies, or until the Employee obtains comparable coverage, whichever comes first. (b) (c) 3. No Consideration Absent Execution of this Al!reement. Execution of this Agreement allows for certain benetlts that the Employee would not otherwise be entitled to. 1 n Employee understands and agrees that he would not receive the monies and/or benefits specified in f; paragraph "2" above, except for his execution of this Agreement and the fulfillment of the promises i f contained herein. 4. Revocation. Employee may revoke this Agreement for a period of seven (7) days following the day he executes this Agreement. Any revocation within this period must be submitted, in writing, to the Chairman of the Authority, and state, "I hereby revoke my acceptance of our Agreement". The revocation must be personally delivered or mailed to the Chairman of the Authority, 7 Falcon Drive, Peachtree City, Georgia, 30269, and postmarked within seven (7) days following the date of execution of this Agreement. This Agreement shall not become effective or enforceable until the revocation period has expired. If the last day of the revocation period is a Saturday, Sunday, or legal holiday in Georgia, then the revocation period shall not expire until the next following day which is not a Saturday, Sunday, or legal holiday. 5. General Release of Claims. Employee knowingly and voluntarily releases and forever discharges the Authority from any and all claims, known and unknown, which the Employee has or may have as of the date of execution of this Agreement, including, but not limited to any alleged violation of: . . . .-... . . . . . . . . The National Labor Relations Act. as amended; Title VII of the Civil Rights Act of 1964, as amended; The Age Discrimination in Employment Act of ] 967; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended; The Americans with Disabilities Act of 1990, as amended; The Fair Labor Standards Act, as amended: The Occupational Safety and Health Act, as amended; The Family and Medical Leave Act of 1993; any other federal, state or local civil or human rights law or any other local, state or federal law, regulation or ordinance; or any public policy, contract, tort, or common law. Authority knowingly and voluntarily releases and forever discharges the Employee from any and all claims, known and unknown, which the Authority has or may have as of the date of execution of this Agreement. 6. Affirmations. Employee affirms that he has not filed, caused to be filed, or presently is a party to any claim, complaint, or action against Employer in any forum or form. Employee further affirms that he has been paid and/or has received all compensation, wages, bonuses, commissions. and/or benefits to which he may be entitled and that no other compensation, wages, bonuses, commissions and/or benefits are due to him, except as provided in this Agreement. Employee furthermore affirms that he has no known workplace injuries. Likewise, Authority affirms that it has not filed, caused to be filed, or presently is a party to any claim, complaint, or action against Employee in any forum or form. 2 ,..... 7. Applicable Data and Files. Employee agrees to maintain all applicable data and w files of the Authority in good order and condition, and in the same organizational manner as such t ~ data and files have been maintained in the past, including both printed documentary matter and . computer files and records, and to further assist other employees and appropriate persons as may be designated by the Chairman in accessing such data and files as may be necessary and appropriate during the term of this Agreement. 8. Reference Information. Authority agrees that the information it shall supply to potential future employers of Employee shali include only Employee's years of employment and all performance evaluations which are maintained in his personnel file on the date of this Agreement and which have been reviewed by Employee. 9. Public nature of this document. As the Authority is a public governmental entity established and existing under Georgia statutory law, the parties understand and acknowledge that this document may be made public or produced in response to a legitimate request for public information by any citizen, and accordingly that there are no restrictions on either the Authority or the Employee with respect to disclosure of the provisions of this Agreement or with respect to confidentiality in regard to such provisions. 10. Covenants. (a) Employee acknowledges that during the course of his employment by the Authority he came into contact with and has had access to technical and non-technical information which is the property of the Authority. Such information includes, but is not limited to, information with respect to costs, pricing, margins, sales, markets. mailing lists, strategies and plans for future business, new business development, and other development; methods. procedures, devices, data processing programs, computer models, projects, and other means used by the Authority in the conduct of its business; and the identity of the Authority's customers, their names and addresses, the names of representatives of such customers responsible for entering into contracts with the Authority, amounts paid by such customers; the identities of the employees of the Authority, their salaries, qualifications and abilities; all of which information the Employee acknowledges has been developed, acquired or compiled by the Authority at its great effort and expense. (b) Accordingly, Employee specifically covenants and agrees to take reasonable action during the term of this agreement to protect the integrity of such information, and to the extent required by law, with respect to personnel matters and other protected matters, to hold such confidential information and any data or documents containing or reflecting the same in the strictest confidence to the extent that such information is confidential and not available to the public and/or not generally known in the aviation industry. Employee covenants and agrees that he will not, without the Authority's prior written consent, disclose, divulge or reveal to any person whomsoever, or use for any purpose other than for the exclusive benefit of the Authority, any statutorily protected information whatsoever, whether contained in Employee's memory or embodied in writing or other physical form to the extent that such information is confidential and not available to the public and/or not generally known in the aviation industry. Employee further covenants and agrees that for a period of two (2) years from the time he executes this Agreement, he will not, without the Authority's prior written consent, disclose, divulge or reveal to any person 3 whomsoever, or use for any purpose other than for the exclusive benefit of the Authority, any statutorily protected information, whether contained in Employee's memory or embodied in writing or other physical form to the extent that such infornlation is confidential and not available to the public and/or not generally known in the aviation industry. (c) Employee further covenants and agrees to deliver to the Authority, immediately upon cessation of employment or at any time the Authority so requests, (i) any and all documents, files, notes, memoranda, manuals, databases and/or computer programs relating to the Authority's business which are the property of the Authority; (ii) lists of the Authority's customers or leads or referrals thereto; and (iii) any computer equipment, home office equipment, automobiles or other business equipment which he possesses or may then possess or have under his control which are the property of the Authority. (d) Employee agrees that he will not make, or cause to be made, defamatory statements regarding the Authority, its executives, employees or customers. (e) Authority and its members agree that they will not make, or cause to be made, defamatory statements regarding the Employee. 11. N otke Provision. Employee shall immediately advise the Authority by writing by letter to the Chairman of the Authority, 7 Falcon Drive, Peachtree City, Georgia, 30269, in the event that he has accepted other employment. n , 12. Governing Law and Interpretation. This Agreement should be governed and f t. . conformed in accordance with the laws of the State of Georgia without regard to its conflict of laws provision. Should any provision of this Agreement be declared illegal or unenforceable by any court of competent jurisdiction and cannot be modified to be enforceable, excluding the general release language, such provision shall immediately become null and void, leaving the remainder of this Agreement in full force and effect. 13. Cooperation. Employee agrees to reasonably cooperate with the Authority in connection with the Authority's defense in connection with any legal proceedings or regulatory audits about which he has any knowledge or information. Such cooperation includes, but is not limited to, appearing as a witness at depositions, trials and conferences, participating in audits and responding to inquiries made by the Authority or its counsel, at the mutual convenience of both parties. Authority agrees to immediately compensate Employee for all costs incurred by Employee in such matters and to immediately reimburse him for all lost salary or wages Employee may lose from any employer resulting from Employee's cooperation with the Authority. 14. Non-admission of Wrongdoing. Employee agrees that neither this Agreement nor the furnishing of the consideration for this Release shall be deemed or construed at any time for any purpose as an admission by the Authority of any liability or legal obligations of any kind or nature whatsoever. Authority and its members agree that this Agreement shall not be deemed or construed i"""" at any time for any purpose as an admission by Employee of any liability or legal obligations of any kind or nature whatsoever. . 4 r l.c ..., I f " r1 , , ~" ,....., f f' 1 , " 15. Amendment. This Agreement may not be modified, altered or changed except upon express written consent of both Parties wherein specific reference is made to this Agreement. 16, Entire Ae:reement. This Agreement sets forth the entire Agreement between the parties hereto, and fully supersedes any prior agreements or understandings between the parties. Employee acknowledges that he has not relied on any representations, promises, or agreements of any kind made to him in connection with his decision to accept this Agreement, except for those set forth in this Agreement. EMPLOYEE IS ADVISED IN WRITING THAT HE HAS AT LEAST FOURTEEN (14) DAYS TO CONSIDER THIS AGREEMENT AND TO CONSULT WITH AN ATTORNEY PRIOR TO EXECUTION OF THIS AGREEMENT. EMPLOYEE AGREES THAT ANY MODIFICATIONS, MATERIAL OR OTHERWISE, MADE TO THIS AGREEMENT DO NOT RESTART OR AFFECT IN ANY MANNER THE ORIGINAL, FOURTEEN (14) DAY CONSIDERATION PERIOD. HAVING ELECTED TO EXECUTE THIS AGREEMENT, TO FULFILL THE PROMISES SET FORTH HEREIN, AND TO RECEIVE THEREBY THE SUMS AND BENEFITS SET FORTH ABOVE, EMPLOYEE FREELY AND KJ'-'OWINGL Y, AND AFTER DUE CONSIDERATION, ENTERS INTO THIS AGREEMENT INTENDING TO WAIVE, SETTLE AND RELEASE ALL CLAIMS HE HAS OR MIGHT HAVE AGAINST THE AUTHORITY. IN WITNESS WHEREOF, the parties hereto knowingly and voluntarily executed this Agreement as of the date set forth below: , EMPLOYEE: 0 ----\iU(~'f:- James H. Savage ' (cfrG/o? Date: AUTHORITY: :~~~ORlTY Catherine M. Nelmes, Chairman Date: G 1<P- 0 ~ 5 UOHMI7<-'TS- ,01.: , \!..p",-:? 1~:^'1 -- r-, I , , ^ .I,'~' ,iJ 'j tJ(~ I~ 1"'-'/..,1 ,':',0:..' -;"v ),/.,.,. I '!" "'~~_ I 'n , ",' .." .. .... ....{ (O-I!~ 03 r l . PURPOSE OF THIS OPEN SESSION IS TO OFFER MR. JAMES SAVAGE A "RETIREMENT AGREEMENT AND GENERAL RELEASE" FROM HIS POSITION OF AIRPORT MANAGER OF PEACHTREE CITY-FALCON FIELD AIRPORT. f . A MAJORITY - 3 OUT OF 5 - OF THE MEMBERS OF THE PEACHTREE CITY AIRPORT AUTHORITY HAVE, IN CLOSED SESSIONS, REACHED CONCENSUS IN RELEASING MR. SAVAGE FROM HIS DUTIES AS THE AIRPORT MANAGER. n : "i , J , , . I WANT TO MAKE IT PERFECTLY CLEAR, THAT I DO NOT SUPPORT THE RELEASE OF MR. SAVAGE FROM HIS DUTIES. . I DO, HOWEVER, SUPPORT THE "RETIREMENT AGREEMENT AND GENERAL RELEASE" IN THAT IT PROVIDES HIM SOME TIME AND FINANCIAL SUPPORT TO FIND OTHER EMPLOYMENT. . I SALUTE MR. SAVAGE FOR CONDUCTING HIMSELF IN A PROFESSIONAL AND DIGNIFIED MANNER THOUGHOUT THIS PROCESS. r-, · I COMMEND HIM FOR HIS LOYALTY, HIS ETHICS, AND HIS UNSELFISH DEDICATION TO HAVING BEEN THE DRIVING FORCE ~ .. i t ' .. ,.j IN MAKING PEACHTREE CITY-FALCON FIELD THE VERY BEST GENERAL AVIATION AIRPORT THAT I HAVE BEEN ASSOCIATED WITH IN ANY CAPACITY. · JIM, I SINCERELY WISH YOU THE BEST IN WHATEVER LIES AHEAD FOR you. n ~, 'j ~ i P ~ , o~,..' - Jim Savage From: Cathy Nelmes [cnelmes@earthlink.net] Sent: Monday, June 16, 2003 11:44 AM ,..., ~ r ~:c~~V;9~ollins r . uubject: Fw: Firin9 of Airport Manager ----- Original Message ----- From: -!):jc@e$-9.1!;\ijg To: cn.elrT1e~@ellr:t.bli.o~Jj.eJ; .o-V$l,!hI@llPl.colT1; rTI<l.!!mdavJs@mJn<:lsPring,y-9m; s.!Jrfkan~as@lloLcom; -!eJIYC.Qbb Sent: Monday, June 16, 2003 8: 19 AM Subject: Firing of Airport Manager To the Chairman and members of the Airport Commission: I desire this to be publicly read at the June 16 Commission meeting as I will be unable to attend. , When I heard of the forced resignation of Mr. Savage my first reaction was an incredulous "why"?!! I can safely say I have been at this airport as a pilot and tennant for longer than anyone on this commission, and by any standard of measurement Jim Savage is an outstanding airport manager. In the past 7 years the improvements at Falcon Field are far too numerous to mention in this message, yet all occured under Jim's direct supervision. This airport is neat, well run, efficient, and a pleasant place to fly, work, and do business, mostly due to the fact this airport manager is here al! the time doing his job. He is a PILOT who understands how an airport should work, not a government br:aucrat or political appointee marking time at his desk. Again, why would you POSSIBLY want to g~:\}idof Jim Savage? Finally, I would like ask the commission members to state for the public record their response to the following questions. 1) What has Jim Savage specifically done to deserve this shabby treatment? 2) Who has the commission selected to take his place and when did he or she get picked? 3) Is this occuring because the dark hand of the mayor and city politics is pulling the trigger? The public deserves the truth. Sincerely, Russ Solsvig r- ~: .~ w 6/16/2003 r-' 6-30-03 PEACHTREE CITY AIRPORT AUTHORITY RECORD OF ATTENDANCE AS OF: June 30, 2003 Members Regular Meetings Regular Special Called Special Called Total Meetings Last Attended Attendance Meetings Last Meetings Attendance 12 Months % 12 Months Attended % Jerry R. Cobb 12 12 100% 3 3 100% Matt M. Davis. 6 6 100% 3 3 100% Douglas A. Fisher 12 11 92% 3 3 93% Catherine M. Nelmes 12 12 100% 3 3 100% James E. Toombs. 6 6 100% 3 3 100% . Members Matt M. Davis and James E. Toombs were appointed to the Authority effective January 1, 2003. Members Dates Absent Type Jerry R. Cobb 10/14/02 Workshop Matt M. Davis Douglas A. Fisher 10/14/02 Workshop 11/13/02 Reaular Catherine M. Nelmes James E. Toombs Meeting Dates Type 1/08/03 Workshop 1/08/03 Regular 1/31/03 Soecial 2/12/03 Reaular 2/26/03 Special 3/12/03 ReQular 4/16/03 Reaular 4/28/03 Workshoo 5/05/03 Workshoo 5/14/03 Regular 6/11/03 Reaular 6/16/03 Soecial 7/10/02 Reaular 8/14/02 Regular 8/22/02 Workshop 9/23/02 ReQular 1 0/09/02 Regular 10/14/02 Workshop 11/13/02 Regular 12/11/02 Regular Page 1