Deltona City Commission approves adding severance to acting city manager's contract

DELTONA — When John Peters III became the city's acting manager, his finalized contract didn't include severance pay.

Instead, Peters would be entitled to return to the role for which he was originally hired, as public works director, if the City Commission were to fire him without cause.

But with multiple infrastructure projects in the works, Peters told the commission Monday night that the city needs a full-time public works director instead of Steve Danskine, city engineer, doing double duty.

The agenda item that prompted the discussion was a request to add a 20 weeks' severance package to Peters' contract, which amounts to approximately $63,000.

The commission approved the request, with a cap added to accrued vacation time, in a 4-2 vote. Commissioners Anita Bradford and David Sosa cast the dissenting votes; Commissioner Dana McCool missed Monday's meeting due to a medical issue.

Peters said he would only qualify for severance if the commission voted to remove him without cause.

He said because he's an acting manager, the commission doesn't need a supermajority to terminate him.

Bradford referred to the severance former manager Jane Shang received following her resignation and said it's not something she wants to do again.

Shang resigned in January 2020, a week after receiving a vote of no confidence from the City Commission, and received $286,881 and change in severance and accrued leave over a period of 20 weeks.

During commission comments, Mayor Heidi Herzberg explained why she supported adding severance to Peters' contract, though doing so wasn't high on her list of priorities.

"Deltona’s not an easy place for a manager," Herzberg said.

She touched on the amount of turnover in charter officers — in just over 21 years, Deltona's had more than a dozen managers — and the resistance to residing in the city as required in the charter.

Peters, who lives in DeBary, said it'd be possible to get around that by paying to rent a room, without even living there, and having his mail sent to the address, which wouldn't be a first for a Deltona charter officer.

"I'm not going to insult people by doing that," Peters said.

He added that "people are not going to invest in buying a house in a community where they’re not going to last more than two years."

Herzberg said the severance concept is foreign for a lot of people who work in the private sector.

"But in the public sector, and in long-term jobs, there's a severance package," Herzberg said.

Herzberg also said she supports adding severance to Peters' contract because of "the job that he and his team have been doing," which includes bringing to the commission's attention changes made by previous managers, such as removing the caps on vacation and sick time.

Residents address request, charter

During public comment on the item, the commission heard from residents Brandy White and Elbert Bryan, who actively participate in the vast majority of commission meetings.

Bryan pointed out that 20 weeks' severance is more than most Deltona residents make in one year.

White, who's filed to run for the District 1 seat currently held by Loren King, said she couldn't support the request as presented.

"Yeah, absolutely not," White said. "Sorry, no way, no how."

She said she probably wouldn't have a problem with severance if it included a non-compete clause. She also said she couldn't believe more of the commissioners didn't have questions about the request.

"He should not get all the benefits that come with being an actual city manager, which requires abiding by the charter," White said.

She also touched on the search, or lack thereof, for a permanent manager.

"How long can an acting city manager be the city manager? Forever?" White said. "There's no time limit."

Bradford asked what the charter states about searching for a city manager.

The charter states the commission "shall begin the process to fill a vacancy in the Charter Office of the City Manager or the City Attorney within 90 days of the vacancy."

Peters said one of the charter's problems is "it doesn't say you have to complete the search."

He said staff knew of charter issues, but the Charter Review Committee didn't want staff involved in its process.

This article originally appeared on The Daytona Beach News-Journal: Deltona's acting city manager gets 20 weeks' severance added to contract