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Pines Board rejects closed session

(May 4, 2017) In a rare break from the routine, an Ocean Pines Association Board of Directors majority voted not to go into a closed session following a regular meeting on Saturday.
It was an unusual ending to an otherwise pedestrian assembly.  
Director Slobodan Trendic made the motion, citing the Maryland Homeowner’s Association Act section regarding discussion of matters pertaining to employees and personnel. Specifically, Trendic wanted to review recent changes made by interim General Manager Brett Hill.
“Recently, the association experienced senior-level staffing changes at the beach club, golf and food and beverage operations,” Trendic said. “The association has been without a full-time general manager for eight months. Closed session is necessary so that the board can review these recent personnel changes with the acting GM.”
Board President Tom Herrick said if Trendic required more information he could simply ask Hill. He pressed Trendic if board action would be necessary during the closed session.
Hill said he attempted to contact Trendic earlier in the week to discuss the matter. If the meeting was to question his status as the general manager, Hill said, that should be addressed publically.
“If there’s an issue that’s discussing me as the interim general manager, then let’s discuss it right here,” Hill said. “There’s no need to go to closed [session].”
Trendic, however, said the issue was not with Hill.
“Because the positions relate to specific employees, I’m reluctant to go and discuss this matter for the sake of privacy and confidentiality,” he said, citing in particular “an event that took place a couple of days ago with another employee where [Hill] has reached out to the board for opinion.
“I was uncomfortable discussing something along those lines without being in a closed session. I felt it was very inappropriate to do that,” Trendic said.
If the discussion had nothing to do with the general manager, Vice President Dave Stevens asked, why did Trendic bring up the fact that Ocean Pines has been without a full-time general manager?
“We do have a general manager,” Steven said. “He has all the responsibilities and authority of any general manager that we’ve ever had in Ocean Pines … don’t say it’s not about the general manager when you say it is about the general manager.”
Stevens added that Hill had already explained each circumstance in question.
“I do not feel I want to go into a meeting without knowing what the objective is,” Stevens said. “And I don’t know what the objective [is].”
Trendic said the former beach club manager (Lynda Huettner) sent a “very concerning letter to the board” after her resignation last month. He did not specifically mention Huettner.
“I believe it’s the duty of this board to take a look at what transpired recently to make sure that we’re comfortable with those events as they have unfolded,” Trendic said. “I believe as a sitting director it is my duty to make sure that what’s being done at the association level complies with our policies and procedures.
“I’m not comfortable bringing up the names of these individuals, therefore the call for a closed session,” Trendic continued. “If you don’t vote in favor of this, I want to be on record that I have attempted to review this.”
Stevens pushed Trendic, asking if he had any evidence of Hill’s impropriety.
“Without having information on certain issues, I don’t know whether a wrong or right decision has been made,” Trendic said. “That’s why I’m calling for a closed session, because I believe these things should be discussed.”
Director Cheryl Jacobs, who seconded the motion to go into closed session, said she found it “curious that there is so much questioning about a motion to go into a closed session for a completely legitimate reason according to the HOA Act.”
“If you want to talk specifics about personnel that’s the way you do it, in a closed session,” she said. “There’s been a lot of dealing with issues via emails and for the most part I would say it hasn’t been terribly productive from my perspective. This motion that’s been put forward is one way for us collectively as a board, which I believe is our responsibility, to deal with these issues and discuss them. They cannot be in the open.
“What Director Trendic has proposed is absolutely a legitimate motion to put forward. I just don’t get all the trying to tear him down,” she continued. “We have a fiduciary [responsibility] to deal with as a group.”
Herrick said the majority of the board was satisfied with the information provided. If an individual director wanted more information, he or she was welcome to ask.
Hill, again, said if the issue was with him it should be discussed in the open.
“If there’s going to be discussion about me and my performance and we’re out for full transparency, I believe … the public is entitled to hear what those issues are and I should have the ability to publicly respond to those issues. That’s why I’m objecting,” he said.
“If I had any issues with Hill’s performance I would not hesitate for a moment discussing them openly,” Trendic said. “In fact, I think that has been done in the past.”
The motion fell 4-2. Trendic and Jacobs voted in favor and Director Doug Parks abstained, citing a previous engagement that would have conflicted with his attendance.
Hill, Herrick, Stevens and Director Pat Supik voted not to go into closed session.
Earlier during the meeting, Parks provided a brief update on the general manager search being performed by the Novak Consulting Group Inc.
He said job postings were put in national publications, websites and on social media. More than 40 applications had been received as of Saturday.
Parks said the vetting process would start on May 1. A candidate review meeting with the board is scheduled for June 22 and interviews were set for July 6 and 7.