Debbie Streichsbier, promoted almost exactly a year ago to head Palm Coast government’s human resources department only for Streichsbier to resign or get fired nine months later, is suing the city over what she claims are the city’s refusal to pay her severance and insurance premiums.
Streichsbier claims she resigned. The city claims she was fired.
Streichsbier filed an amended complaint in the suit through her Winter Park attorney, Travis Hollifield, in Flagler County Circuit Court Tuesday. The original complaint was filed several days earlier. (Hollifield’s office is 6 miles from that of the Palm Coast city attorney’s). She claims that on March 20, City Clerk Virginia Smith forwarded a “separation agreement” to Tim Wilsey, asking him to also forward it to Streichsbier for her execution.
“Also, please request Ms. Streichsbier to revoke her resignation date in her letter, in writing to the City, as this is neither a resignation nor a termination; it is a separation agreement.”
The agreement states she elected voluntarily to resigned on March 16 and releases the city of all claims, foregoing any legal actions. The city was to pay Streichsbier a severance of four months’ salary (what would have been in the range of $25,000) and maintain her insurance premiums through Cobra for those four months, along with accumulated vacation and sick days’ equivalents in pay. The agreement was signed by Streichsbier and Wilsey on March 20, and notarized. Streichsbier and Wilsey initialed every page of the document.
On March 20, City Manager Matt Morton wrote Streichsbier of recieiving an undated letter from her stating she resigned as of April 6. “This letter was not in compliance as to what we agreed upon,” Morton wrote. “Your resignation letter was not accepted. You were asked to leave and you were escorted out of City offices on march 16, 2020.”
Morton described the March 20 document by Streichsbier as a “revised letter rescinding your resignation letter at the City’s request,” and that she requested the separation agreement. “Mr. Wilsey was coerced into executing this agreement without authority being granted to him to enter into the agreement. Therefore the agreement is not enforceable. You did not adhere to the verbal terms that we had discussed on March 16, 2020 meeting.” It would be unusual for a court to take “verbal terms” over a written, signed document–to give what would amount to he-she-said exchanges moire weight than what is in the record absent a more documented trail of “the verbal terms” Morton is referring to.
Morton then listed policy violations he said led to Streichsbier’s firing, among them “inappropriate display of temper or disrespect” and “disgraceful personal conduct which negatively reflects upon the city.”
Streichsbier in her lawsuit, which seeks damages exceeding $30,000, is charging one count of “anticipatory breach by repudiation,” a different way of charging breach of contract. In such legal actions, the person suing must show that the party being sued has absolutely refused to fulfill the terms of a contract, placing that burden on the person suing. The issue in this case would revolve around what constitutes the contract in question. Streichsbier is pointing to a written document. The city is referring to a verbal agreement.
As the matter will be mediated–as all civil matters are required to be mediated–that definition will play a central role, if it gets that far. The matter may well be settled before it does, considering the low amounts in contention and the city’s record of similar separation agreements before Streichsbier’s.
The city has not yet answered the claim, and has a few weeks to do so. The lawsuit was not unexpected. Streichsbier had spoken of her pending action to the Observer in April.
The city announced Streichsbier’s elevation to director of human resources on June 17, 2019, after Streichsbier had worked for the city for four and a half years as a compensation analyst and manager. The city then devoted a PR feature to her in October, describing her small-business career as the owner of a shop called ‘Here Comes the Bride’ before she switched careers to have more time raising five children.
“Then,” the feature read, “like many who migrate to the area, she landed in Palm Coast to be closer to family. Not long after that, she joined the city of Palm Coast bringing lessons from the boutique and other businesses to the Human Resources Department such as finances, advertising and how to be profitable.”
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Jimbo99 says
The high turnover & restructuring in this county really reflects poorly on leadership & direction of Flagler County. Can’t buy a building for FCSO without that being a lawsuit, can’t hire or fire without getting sued either. The Fire Chief is on his way out too.
Phyllis RRobbins-Scheffler says
What a history of higher personnel “leaving”. What is going on? Surely “something must be rotten I’m Denmark” as the saying goes. Does not speak well for the entire Council. Additionally the city has refused (not in writing but by ignoring my case for their ill doing) to address the issue that has left me with a worse leak after they issued a permit to a contractor who was paid $23,500 and only wrote the value of the job as $2200. The city did not protect me as they should. Is there a civil litigation attorney out their who can come to my rescue? The machinations of our city government are certainly questionable.
Sucks To Be You! says
In my 25 years of working in a manufacturing and/or office environment I have witnessed many an HR director give the little guy the shaft all in the interest of protecting the company. Getting sent packing with no way to support your family at the hands of people like this is what the average working stiff worries about on a daily basis. Does this woman see any irony in all of this? Turnabout is fair play!
Dennis says
What next fir the city? Getting as poorly run as the county. Nobody can be trusted these days
Ramone says
It’s obvious the City Manager ran her out for political and/or personal reasons. They’re lucky she’s not suing for her job back. Refusing to give her the severance deal is petty in my opinion. Allowing it to progress to a lawsuit is nonsensical. The cheaper route would have been to pay her the money and move on.
Common Sense Is Dead says
Agreed. The cost of outside counsel will most likely approach or exceed what she was “due” in the first place. Comical lack of judgment. Right up there with IRS counsel saying they had no choice but to issue stimulus checks to deceased taxpayers (page A3 of today’s DBNJ).
DejaVu says
This was a completely mishandled separation. The city is in the wrong. The written document is enforceable. The leadership of PC has a very concerning pattern of turnover. Who ultimately pays for all this mismanagement? We, the taxpayer.