ECUA
Jason Yarborough worked 102 days as executive director of the Emerald Coast Utilities Authority. He will be paid for 123 more.
Under a separation agreement signed Friday, Oct. 16, by Yarborough and ECUA Board Chairman Kevin Stephens, Yarborough goes on paid administrative leave immediately and stays there until a “Separation Date” of Feb. 16, 2027. He started with ECUA on July 6, 2026. That is a little more than three months of work for four months of pay. Read ECUA EXECUTIVE DIRECTOR EMPLOYMENT SEPARATION AGREEMENT 10-16-26.
- Nothing in the agreement says why he is leaving. The recitals say only that he and ECUA “mutually agreed” to end his employment. ECUA’s press release, attached as Exhibit B, describes the board “accepting” his resignation. The News Journal has reported that Yarborough resigned over confusion regarding boil water notices.
What Yarborough Gets
Salary. Exhibit A sets his pay during the leave period at $4,326.92 a week, or $108.17 an hour. That works out to $225,000 a year, and the agreement lists his life insurance at “1x Salary $225,000.” Four months at that rate is roughly $75,000. He also gets any across-the-board cost-of-living raise given to general ECUA employees.
Benefits. ECUA’s cost-sharing for his benefits “will continue unchanged” through Feb. 16. The exhibit lists the Blue Options medical plan, enhanced dental and vision, all at the employee-plus-family level, plus the extra life and AD&D policy and participation in the Florida Retirement System. His deferred compensation contributions of $1,250 per pay period and his health care flexible spending contributions continue as well.
Leave payout. On Feb. 26, 2027, ECUA will pay him a lump sum for all accrued vacation and sick leave. The agreement projects 140 hours of vacation and 80 hours of sick leave. At $108.17 an hour, that is about $15,144 for vacation and $8,654 for sick leave, or roughly $23,800.
Add the salary and the leave payout, and the cash alone comes to nearly $100,000, before the value of the family benefits.
He Can Work Somewhere Else and Still Collect
Paragraph 7 may be the most striking provision. Yarborough “shall be permitted to accept outside employment during the Administrative Leave Period without reducing or forfeiting the compensation and benefits contemplated hereunder.”
In other words, he can start a new job next week and ECUA ratepayers will keep paying him through mid-February.
The Release, the Gag and the Repayment Waiver
- Broad release. Yarborough gives up every claim against ECUA, “whether or not presently known,” including discrimination, retaliation and whistleblower claims, and he waives any recovery in actions brought on his behalf by agencies such as the EEOC.
- Limits on cooperation. Paragraph 5(d) bars him from testifying for, appearing on behalf of or “otherwise assist[ing] in any way” anyone with a claim against ECUA, unless he is under a lawful subpoena. If he is subpoenaed, he must immediately notify ECUA and hand over a copy.
- No admission. The agreement states it is not an admission by ECUA of any violation of law or of Yarborough’s rights.
- Mutual non-disparagement. Both sides promise to refrain from derogatory statements about the other.
- Controlled references. ECUA will confirm only his start date, that his “resignation” is effective Oct. 16, and that his employment continues through Feb. 16, 2027, along with legally required disclosures and the public records law.
- Prevailing-party attorneys’ fees. Whoever wins a dispute over the agreement recovers its legal costs.
The Leave Balances
The attached accrual reports show that on Oct. 15 Yarborough had 70 hours of annual leave and 30 hours of sick leave. The annual leave balance includes a one-time grant of 40 hours on June 30, which the report says was given under Section 7-A of his Executive Director Agreement “upon starting employment.” He used 12 hours in July.
The agreement projects that he will reach 140 vacation hours and 80 sick hours by the end of the leave period. The public deserves to see the payroll math behind those figures, since the lump sum is paid at his full executive rate.
His 24 hours of floating holiday leave will be forfeited under ECUA policy.
Questions the Board Needs to Answer
- Why is he leaving? The agreement calls it a mutual termination, and the press release calls it a resignation. Which is it, and what happened in the first 102 days?
- Why four months? What is the justification for paying an executive who worked about 15 weeks for roughly 17 more weeks of salary, benefits and leave accruals while he is free to take another job?
ECUA customers pay the bills for this agreement. They are entitled to know why it was necessary. Read ECUA EXECUTIVE DIRECTOR EMPLOYMENT SEPARATION AGREEMENT 10-16-26.
Stephens, Not Yarborough Spoke at Pressers
At the press conferences in the Emergency Operations Center last weekend, ECUA Board Chair Kevin Stephens gave the updates, not Yarborough.
On Saturday, Oct. 17, Stephens said that Friday night ECUA had more than 300 lift stations and about 175 wells down. The utility was fielding calls about no service or low pressure until about 10 p.m. He said ECUA diverted water to keep maximum pressure at hospitals and clinics, which lowered pressure in some other areas. Saturday morning, crews focused on restoring water to the City of Pensacola and its fire department for first responders.
- Stephans said hundreds of thousands of downed trees have likely damaged water mains and pipes, and ECUA is still assessing the damage. Crews are still working to restore service on Pensacola Beach, and he would not give a timeline. “All hands on deck has been the phrase of the day,” he said.
Customers whose pressure is returning should keep following the boil water procedures on ECUA’s website for 48 to 72 hours, he said. A small number of customers may have no service at all, and he urged them to contact ECUA.
- Asked why this storm produced a system-wide notice when previous storms did not, Stephans said losing wells and lift stations in a hurricane is common, but more customers were without water or had low pressure this time. He said tree damage likely played a role. He called the response “somewhat of a learning curve” and said he would not describe it as unprecedented, comparing the call volume to Hurricane Sally.
Stephans said ECUA will review how it handled the storm once service is back. “Hindsight’s 20/20,” he said.
Tuesday ETA to Lift Boil Notice
On Sunday, Oct. 18, Stephen said the precautionary boil notice should be lifted Tuesday for everywhere except Pensacola Beach, which he expects to follow Wednesday. Both dates depend on test results.
- Stephens said ECUA is sampling water from its wells and plants. “Barring any issues with testing, I don’t foresee any,” he said. The notice remains in effect until then, and customers should keep following the guidance on ECUA’s website.
Almost every customer should have water again, he said, but several lift stations are still down. He asked residents to limit water use, including laundry, for the next few days to give crews time to bring those stations back online.
