Melbourne Beach commission approves 3 weeks' severance for financial clerk in 3–2 vote

The Melbourne Beach Town Commission voted 3–2 on Tuesday to authorize a settlement-based severance package for financial clerk Vicky Van Dyke, awarding three weeks' pay and payout of unused paid time off upon her signing a settlement that would release any potential employment claims.

Town Attorney Ryan Knight told the commission that Florida law allows severance only as part of a settlement that resolves an "employment dispute," and that such payments are capped under the statute discussed at the meeting at no more than six weeks of compensation. "An officer, agent, employee, or contractor may receive severance pay ... if the severance pay represents the settlement of an employment dispute," Knight said while summarizing the statutory conditions.

Van Dyke's written request was read into the record. "My name is Vicky Van Dyke, and I am the financial clerk for the town of Melbourne Beach," the letter said. It noted more than 2½ years of service and asked the council to "approve a severance package so I may bridge the gap as I look for another job."

Commissioners debated the legal and policy risks of providing severance when no written grievance or claim had been filed. Mayor Allison Dennington raised concerns that issuing a payment without an asserted claim could create a claim and run afoul of municipal rules. "We would basically be creating a claim that doesn't exist," she said during the discussion.

Commissioner Anna Butler moved to grant three weeks' severance and payout of unused PTO upon signature of a settlement agreement; Commissioner Robert Baldwin seconded the amended motion after members removed a proposed health-insurance extension to keep the cost in the current fiscal year. Attorney Knight described standard settlement safeguards: the employee would have 21 days to consult counsel and a seven-day revocation period after signing, and the town would withhold payment until those windows elapsed.

Finance Manager Jennifer Kerr provided payroll figures staff said the employee would receive as final pay separate from the motion: $2,140.75 for the last pay period and approximately 58 hours of accrued leave that will be paid out regardless of the severance decision. Staff also confirmed the employee is eligible for state unemployment benefits.

During public comment, a resident asked whether the town pays family health premiums and whether the council could instead fund a month of COBRA; staff said the town covers 50% of family coverage for eligible employees and confirmed that part-time positions without benefits are treated differently. The resident and several commissioners also urged the town to clarify policy language to avoid similar ambiguities in future personnel actions.

After public comment the commission called the question; the chair announced the motion carried by a 3–2 vote. The meeting record did not include a read-aloud roll-call assigning individual yes/no votes in the minutes announced at the meeting. Payment under the settlement will be made only after the 21-day review and seven-day revocation periods expire. The commission adjourned and noted another meeting will follow.