Flagler Beach commission rejects proposal to remove city manager's automatic contract renewal

Flagler Beach commissioners voted 4-1 to reject Resolution 2026-43, a proposal to remove the automatic renewal provision from the city manager's employment agreement and require an annual performance evaluation and annual review of the agreement.

Commissioner Cunningham introduced the resolution as a process-improvement measure intended to align renewal timing with performance evaluations. Supporters said the change would allow the commission to consider renewal after a full fiscal-year evaluation. Opponents argued the change could trigger renegotiation pressures, complicate an otherwise routine renewal process and unintentionally force the parties into contract talks.

"The way I interpret that ' is to prepare an amendment for the future term," the city manager told the commission when members debated whether the change required the manager's consent. Commissioner Sherman and others urged improving the sequence and timing of reviews so evaluations occur closer to the fiscal-year close and before any notice of nonrenewal.

Public commenter Carl Waldman said the annual evaluation should be a constructive performance conversation rather than a vehicle to terminate employment: "An annual evaluation is to improve performance and hopefully that's a peer review also, not just top down. The point would be to give feedback, not to terminate."

At roll call, Commissioner Cunningham was the lone yes vote; the motion failed 4-1 (no votes recorded for Commissioners Kohley, Sherman, Santo and Mayor Spadley as recorded). The commission discussed alternatives including moving evaluation dates, extending the current contract term to realign renewal timing, and directing the city attorney to draft amendments for future consideration.

The outcome leaves the manager's current contract and automatic-renewal schedule in place; commissioners directed staff to consider process changes (timing or contract-term realignment) and to report back with options.