The Nassau County Commissioners agreed Tuesday afternoon to seek a declaratory judgment on the validity of a paragraph in County Administrator Mike Mahaney’s employment contract which requires a supermajority for change. “This is not about popularity or personality. This is a personnel employment issue,” said County Attorney Mike Mullin. “Paragraph 2.3 in the contract is a mistake and not supported by the record.” Mullin’s comments opened discussion at the county commission meeting on Monday night. The issue was listed under old business as ‘Continuation of the discussion on the county administrator.’ The board room was overflowing with citizens anxious to have an opportunity to speak on the issue however, the chance to be heard did not come Monday night. A suggestion by County Commissioner Mike Boyle to vote on Monday to strike Paragraph 2.3 from Mahaney’s contract, was silenced when Commission Chair Jim B. Higginbotham requested the board re-convene Tuesday so Commissioner Tom Branan could be present. However, Branan remained absent at Tuesday’s meeting, but that did not stop Mullin from announcing that Mahaney had requested a public hearing on this issue, but a date for the public hearing was ultimately not established. Mullin did say that he would attempt to fast track the declaratory judgment action by asking for an emergency hearing on the issue. County Commissioner Marianne Marshall had little to say this week, following the release of her outline for Mahaney’s termination which is 21 pages long and cites five clear allegations against Mahaney. Those allegations include: (1) Gross Negligence and Malfeasance/Misfeasance of CR 121 in which Marshall pointed out, “The cost associated with the administrator’s negligence in his failure to provide appropriate oversight and supervision of the engineering department is expected to cost the taxpayers $3.4 million plus. (2) Judicial Complex Mitigation, on this Marshall stated, “The record shall show that the county administrator has neglected to ensure that appropriate personnel were assigned to address the issues associated with the wetlands mitigation at the county judicial complex. (3) Landfill Issues in which Marshall believes, “The county administrator failed to meet the requirements of his job description to exercise good decision making. The county attorney and at least one commissioner told the county administrator that the landfill was a priority and needed his immediate attention upon arrival.” (4) Violation of Florida Laws and Loss of Public Confidence-Marshall believes Mahaney violated the Sunshine Laws and pointed out that he had been investigated by the Florida Division of Law Enforcement on allegations that he violated the Sunshine Laws. (5) Misfeasance In Office. Marshall pointed out that in her opinion Mahaney had violated section 3.3 of the Amended Employment Agreement by jeopardizing the working relationships and trust between the county judiciary and the county administration. Marshall also stated in her report, “The county administrator purposely lied to Circuit Court Judge Robert Foster about an expenditure of the county facility fund.” Mahaney is currently working on a response to Marshall’s list of charges.