Township Board Approves Fink Contract

By Greg Chandler
Zeeland Record


Howard Fink is now on the job in Zeeland Township.

Fink’s interim employment with the township began Tuesday, five days after the Township Board approved an interim superintendent contract agreement with him. 

The board approved the agreement, which is expected to last no more than nine months, at a special meeting last Thursday on a 4-1 vote.

Fink, who formerly served as township manager in Park Township, is working closely with township officials this week as he learns the ins and outs of its operations. Township Manager Josh Eggleston’s last day in his job is Friday, as he begins 
his new role as Holland Township manager next Monday.

“I’m very excited about this opportunity. I truly am,” Fink said in a telephone interview with the Zeeland Record Monday afternoon. “I very much desire to be long-term. Right now, I’m focused on keeping the doors open, keeping the administrative issues moving forward and creating good government for the community.”

Fink met Monday and Tuesday with Township Supervisor Kerri Bosma, and attended Tuesday night’s Township Board meeting.

“(Orientating myself in the township) starts with understanding what are the projects, what are the issues the community is working on right now, what are the things that need to be addressed – how do you insert yourself in the best way possible to provide value?” he said. “It means getting up to speed with the various consultants that are on board, that are working on various projects … whether that be getting the master plan updated, the various parks projects, and/or the issue that’s impacting the community, which is the (Silver Maple) solar (project).”

Much of the discussion by the board around Fink’s hiring centered on whether he would be considered a township employee or an independent contractor. Several residents spoke out in favor of having Fink be brought on as an independent contractor because of the expected brief nature of his tenure.

“Mr. Fink will be a fulltime at-will employee who serves at the pleasure of the board,” township special legal counsel David Eberle said in explaining the contract. “Consistent with that, the township can terminate his position at any time, for any reason.”

Because of the nature of the position, that of a government official, the job of interim superintendent is consistent with Internal Revenue Service regulations that would classify the position as that of an employee, Eberle said.

“The interim superintendent is the chief administrative officer, who reports directly to the board, and is tasked with accomplishing the board’s priorities and objectives. This is not a project-based position,” Eberle said. “Rather, as the board has made clear, the desire is to have an interim superintendent that will get to know the organization and the community, and move the organization forward, in addition to managing the day-to-day activities.”

Eberle added that he did not believe Fink would agree to the contract if he were classified as an independent contractor.

“Mr. Fink would not be serving other clients or otherwise advertising his services. His services are not part of an otherwise entrepreneurial endeavor, as was the case with some other applicants who are very clearly running a business with multiple employees that would be serving other communities as well as the township,” he said.

Fink was selected from among four candidates who interviewed with the board earlier this month, two of whom run their own government consulting firms.

Fink’s salary will be $140,000 per year, an amount slightly higher than Eggleston’s current salary of $135,350. However, Eberle noted that if Eggleston remained with the township, he would likely have received a cost-of-living increase at the start of next year that would have boosted his salary to about $140,000.

Unlike Eggleston, Fink will not receive any health care or retirement benefits, which would be closer to a 1099 independent contractor arrangement. Holiday/personal days will be in accordance with township policy – two vacation days to start, five more after 90 days of employment and five more after six months on the job, Eberle said.

Even though Fink’s salary will be higher than Eggleston’s, the township is expected to save more than $1,000 per pay period under the interim superintendent’s contract because it will not be paying for health care or retirement benefits, Eberle said.

“It seems that the arguments being presented for why Mr. Fink should be an independent contractor are … adequately addressed under the current contract,” he said.

Township Trustee John Shrauger, who had earlier supported the idea of an independent contractor, said he was satisfied with the contract terms.

“I don’t see how effectively it’s any different, if the standard is about (whether) we can terminate or he can terminate (the contract), or we’re limiting benefits,” Shrauger said. “I don’t know, pragmatically, if there’s any real difference.”

While he was absent from last Thursday’s meeting, Township Clerk Brian VanDussen wrote a letter to his colleagues, suggesting that Fink should be brought in as an independent contractor. Eggleston read VanDussen’s letter into the record.

“As a contracted service, Mr. Fink would invoice the township for his services. We could set the guidelines on his responsibilities or specific tasks, but not control his day-to-day (activities), to which those responsibilities are being completed,” VanDussen wrote.

Trustee Jeff Salisbury voted against the contract. VanDussen and Treasurer Melissa Veldheer were absent, as both had prior vacation time planned long before the special meeting was scheduled.


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