Brandon Twp.- Ken Palka said he felt like he was on the witness stand at the Sept. 2 township board meeting, and while several of those in attendance laughed, the auditor appeared to be only half-joking.
The meeting did have several components that resembled a courtroom trial, including a defendant (Recreation Director Fred Waybrant), a prosecutor (Trustee Jayson Rumball), accusations, exhibits, testimony to the contrary, witnesses, statements for the record, and plenty of tension.
The drama played out for more than four hours and ended in what was essentially a mistrial when prepared motions calling for the termination of Waybrant were withdrawn.
‘I truly love my job and have many goals still to accomplish,? said Waybrant. ‘I ask you to let me do my job, your advice is always appreciated.?
Rumball read aloud a 4-page letter he wrote to the board to start the lengthy proceedings. The letter was accompanied by more than 150 pages of documentation including time sheets, cell phone records, mileage logs, and financial records.
‘The following circumstances in relation to the Parks and Recreation Department and the actions of Director Fred Waybrant have come to my attention and I feel that it is pertinent that this board address these circumstances at length and take action on them,? said Rumball.
He continued by reading a litany of complaints, with the first noting that a recent audit (performed by Palka) showed that the parks and recreation department ended the 2013 fiscal year with an operating loss of $35,804. The board approved the transfer of money to the 508 (recreation) budget and the department had a fund balance, he added, but recreation still had a net loss for the year of $4,455.
‘There has been little to zero acknowledgement of this issue by Supervisor (Kathy) Thurman or Director Waybrant,? said Rumball. ‘Further, there has been no plan of action to correct this issue in the present year. This issue is going to repeat itself. As of Aug. 13, 2014, Director Waybrant has overspent his budget in four out of the previous four months preceding this meeting to the tune of a $27,643.51 deficit.?
Rumball went on to charge that five out of 19 recreation programs in 2014 had lost money ‘to the tune of $2,083.30? and said, ‘in light of obvious and continuing recreation department budget issues, it is clear to me that Director Waybrant is incapable of maintaining a balanced budget and that Supervisor Thurman has failed in her direct supervision of Mr. Waybrant and his budget practices.?
Other issues Rumball cited included Waybrant’s use of flex time (with Thurman’s ‘unilateral approval?); cell phone usage overcompensation in the amount of $364.50 (with Thurman’s ‘unilateral approval?); submission of a $51.25 receipt for reimbursement of painting the recreation office; and a $34.99 purchase of personal boots for Waybrant using recreation funds (again, with Thurman’s unilateral approval).
These unilateral actions, he claimed, amounted to collusion and outright theft.
Rumball also took issue with mileage logs kept by Waybrant for use of the recreation truck, an art in the park sale which Rumball said was not supported by the board, as well as unauthorized transfers of funds, lost and unaccounted for recreation funds in the amount of $1,476.71; and failure by Waybrant to collect administrative fees.
After an initial attempt by Thurman to interrupt Rumball’s diatribe, he continued unabated to the end of his letter, which included motions for Thurman to abstain from voting regarding the removal of Waybrant as recreation director and the actual termination of Waybrant.
When he finished, Thurman began her rebuttal, first by asking Rumball if he attempted to resolve issues with the recreation director according to the township’s ethics policy, which states that board members should attempt to resolve the conflicts or ask questions in advance of meetings whenever possible. Rumball’s answer was that he stood by his letter and motions.
In regards to the recreation department’s net loss of $4,455 on the 2013 audit, Thurman noted that a board-approved transfer of $4,000 was not completed, a mistake due to a change in paperwork and for which she didn’t want to single anyone out. The result, she said, is that the department was actually short by $455, mostly caused by unbudgeted for expenditures including weed control for the soccer fields, baseball field improvements, and an increase in hours for the recreation office assistant.
Thurman called upon Palka to take to the lectern to help refute the charges regarding financial mismanagement.
‘The general ledger is our Bible,? said Palka. ‘You have a very complicated accounting system… There were several items that were different, we still haven’t figured out the payroll system and there is $1,400 we can’t find… the only place it can be is in payroll.?
Palka continued by noting that Waybrant can only rely on reports he is given to see what is coming out of recreation accounts and Thurman noted he relies on Bookkeeper Sue Chesnutt’s reports. Chesnutt was also at the meeting and said Treasurer Terri Darnall was taking transfers from different sheets.
‘Sometimes I found the wrong money transferred for payroll,? Chesnutt said.
Waybrant spoke in his own defense, saying that he is farther ahead right now than at the same point last year and he feels he is singled out, with no help from the township, doing more with less than three years ago, when he had another two full-time employees in his department, as well as a part-time assistant. Now he has only a part-time assistant.
Palka backed up both Thurman and Waybrant’s assertions that no unauthorized transfers were made, saying that no money was physically moved.
‘There is nothing to cover up, everything was done under generally accepted accounting practices,? he said. ‘I believe it was the right thing to do.?
Thurman followed Palka’s comments by saying, ‘I would like the record to state that Trustee Rumball made a false statement that we made unauthorized trans-fers of money. This is defamation of our character. It would have been proper for him to talk about it ahead of time (in accordance with the ethics policy).?
She countered Rumball’s accusation that Waybrant is using flex time against township policy by saying that there is no definition in the township’s policy regarding flexible work schedules? taking days or time off to compensate for working extra hours other days. Waybrant noted that he has worked under five supervisors since he started as recreation director, with varying policies.
Thurman next tackled the issue of whether she changed a debit for the $51.25 paint job to the rec office. Rumball had presented evidence of her ‘signature,? the initials ‘KT? below an ‘OK to Pay? stamp accompanying a copy of receipt for paint supplies.
‘That is not my signature,? said Thurman, again questioning why Rumball wouldn’t ask first before making charges that she said defamed her character. The initials, she continued, were those of Kara Titus, the recreation assistant.
‘It was a legitimate assumption,? responded Rumball.
As for the personal boots, Waybrant said they were for recreation department use, but he paid for them the same day he talked to Rumball about the issue.
‘There is not substantiating evidence of theft? it’s a detriment to my character and Director Waybrant’s character and I want that on the record,? said Thurman.
The testimony continued in this way, and finally, at 11 p.m., four hours in, a 5-minute intermission was called. When the board members returned to their seats, Rumball announced he was willing to pull the motions calling for Waybrant’s termination off the table.
‘Give me your word you will come to every board meeting with reports,? said Rumball to Waybrant. ‘Don’t rely on Thurman to circumvent the board… Reinstate the parks and recreation subcomittee. (A lack of) open transparency led to this monstrosity.?
Waybrant readily agreed to Rumball’s conditions.
‘I’m tired of this whole thing,? said Trustee Bill DeWitt. ‘We just need communication. Let’s move on.?
Rumball was the last board member to speak before public comment was taken, telling Waybrant, ‘I look forward to working with you in the future.?
Audience members then unleashed their fury at what they had witnessed over the past several hours, with Roger Ingles calling it ‘the most despicable thing I’ve ever seen in my life.?
‘I’m embarassed by and for some of you,? said Amy Ferree. ‘You tore a man down and nothing was accomplished. He’s more confused today than yesterday.?
Mary Kassuba agreed that the board wasn’t giving clear direction.
‘I don’t think you’re clear to Fred on what you want him to do,? she said. ‘If you’re not clear on what you want from the man, how can you expect him to bring you information??
Jay Reynolds, a parent who had brought complaints before the board more than a year ago about recreation, said participation, revenue and field conditions were all down.
‘You have spent an entire night making all of us tired,? he said just before 11:30 p.m. ‘Your elected job is to provide services… This is the perfect example of inefficiency.?