Following more than a hour of discussion in virtual closed session Feb. 2, the Sumpter Township Board of Trustees voted unanimously in open session to accept the township attorney’s recommendations and actions as advised during the closed-door session.
It was not stated publicly, but the board decided to give Deputy Supervisor Kenneth Bednark everything he asked for in a recent letter to board members concerning his compensation.
The notice for closed session said the board would discuss attorney-client privileged information and pending litigation with the State of Michigan Department of Labor and Economic Opportunity Division.
Fourteen minutes before the closed meeting began, all board members received an email from Bednark’s attorney, Sarah Prescott of Salvatore Prescott Porter & Porter.
Prescott announced in red capital letters *** DO NOT DESTROY SPECIFIED DOCUMENTS *** and then explained this was a “Hold Notice,” putting them all on notice regarding their obligation to preserve all private and governmental information in whatever location concerning Bednark’s employment with the township – even if the documents may be covered by the attorney-client privilege. Documents must be preserved until further notice, she advised in the page and a half of details naming everything that had to be preserved.
According to a story in the Eagle, an online publication purporting to be Sumpter’s “newspaper of record,” the letter from Bednark demanded back pay, interest, insurance, sick and vacation time accrued from the date of his swearing in on Nov. 20 until the board set his annual pay as a half-time deputy supervisor at $8,406 with no benefits on Dec. 15.
Although the board had voted in a special meeting on Nov. 17 to suspend all board meetings until the end of the year, three trustees called for a special meeting on Dec. 15, at which time Bednark’s full-time appointment as deputy supervisor was diminished to part-time of 20 hours a week, with an annual pay of $8,406 ($8.08 per hour). Also, all benefits were stripped from the job.
This was on a 5-2 vote, with Trustee Matthew Oddy, Trustee Tim Rush, Trustee Don LaPorte, Treasurer Jim Clark, and Clerk Esther Hurst voting yes and Trustee Peggy Morgan and Supervisor Tim Bowman voting no.
But, Bednark announced he got no paycheck at all after that because the township was deducting what it considered extra payments from his small paycheck and there was none left over.
At the Jan. 26 meeting of the board, after repeated attempts to settle the issue, the board voted unanimously to pay Bednark $31.44 per hour in wages [matching what the latest Deputy Supervisor Karen Armatis had made] from Nov. 20 through Dec. 15, plus $500 to satisfy other pay issues. Trustee LaPorte was not present at that meeting.
Bednark subsequently rejected that offer and the closed-door session was scheduled.
Meanwhile, after the Jan. 26 board meeting in which Supervisor Bowman and Bednark exchanged words, Bednark announced he was giving two weeks’ notice and would be submitting his signed resignation at noon on Feb. 10. He also stopped coming into the office.
“I can’t operate under someone I have no communication with,” Bednark said, referring to the 50-plus emails he said he sent to Supervisor Bowman, with but one reply. He said Bowman told him he liked to have all conversations in person.
At the Jan. 26 meeting, Bowman said, “I’m a full-grown man … I’m perfectly capable of working on my own … You don’t need to stir the fire… I’m frustrated with you not being paid… We need to get along.” Bowman said the only people being disadvantaged are the people of Sumpter Township.
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