Chris O'Keefe's Termination

Executive Director Chris O'Keefe's contract was not renewed. As is normal business practice, he was asked to leave the premises immediately, but was paid through the final day of his contract.  There were several members of the board, most notably Tom Dunipace, who objected to the non-renewal. director Dunipace took it upon himself to send a press release (see below) to the Lincoln News Messenger. The press release was not authorized by the Board President, the only one with authority to send out such a release. 

Excerpt from O'Keefe's Employment Agreement

9. (d) Involuntary Termination Without Cause. Notwithstanding the term of this contract Executive Director acknowledges and agrees that his employment is at will. Employer reserves the right to terminate Executive Director's employment at any time whatsoever without cause by giving ninety (90) days prior written notice to Executive Director thereof. The Term of Employment shall terminate on the last day of the notice period, but Employer may require Executive Director to cease performing services at any time after such notice is given, however the Executive Director will receive wages for the remaining portion of the ninety (90) days not utilized as well as payment for all unused and vested accrued vacation and payment for any accrued unused sick leave not to exceed 9 days.

THE PRESS RELEASE:

*From: *Thomas Dunipace <tdunipace@gmail.com>emanated

*Subject: **Press Release Attached*

*Date: *August 21, 2020 at 9:17:55 PM PDT

*To: *bills@goldcountrymedia.com

PRESS RELEASE Contact: Tom Dunipace, Secretary, Sun City Lincoln Hills Board of Directors

520-305-8003 or tdunipace@gmail.com

August 21, 2020

Sun City Lincoln Hills Fires Executive Director

The Board of Directors of Sun City Lincoln Hills voted 4-3 in a contentious closed meeting to terminate their longtime Executive Director Chris O’Keefe. Board Secretary, Tom Dunipace, urged the board to consider the upcoming expiration of the current contract in December and solicit qualified applicants while keeping he current contract active. But the board chose not to follow normal business practices and instead reacted to calls from social media for an immediate termination of the contract.

Board Treasurer, Laura Thiele, cautioned the board to reconsider given the current Covid-19 restrictions the community is currently facing. Nevertheless, the Board moved forward with Kathy Shaddox casting the deciding vote.

Board President Alice Crawford stated a replacement has yet to be determined.

 FACTS FOR YOUR CONSIDERATION. You be the judge…

1. Tom Dunipace had no authorization to issue a press release.

2. The press release appears to be an official statement from the Board of Directors.

3. This action was a breach of Executive Session confidentiality.

4. His unauthorized press release put the Association at legal risk by stating that Mr. O’Keefe was fired. This includes a potential lawsuit from Mr. O’Keefe for defamation.

5. His action also provides legal grounds for homeowners or anyone adversely affected by the release to sue the Association for damages.

6. His actions were a serious breach of the Code of Ethics (which he personally wrote).

7. It must be noted that he is an attorney, presumably with knowledge of the law.