HomeMy WebLinkAbout1988/12/15 - Minutes - Special December 15, 1988
CITY OF RANCHO CUCAMONGA
CITY COUNCIL MINUTES
Special Meetin~
A. CAT.T. TO ORDER
A special meeting of the City Council of the City of Rancho Cucamonga met on
Thursday, December 15, 1988, in the City Manager's Conference Room, 9320 Base
Line Road, Suite C, Rancho Cucamonga, California. (0502-02 PERSONNEL)
An Executive Session was called to order at 5:07 p.m. by Mayor Dennis L. Stout,
with only City Councilmembers and James Markman, City Attorney, present. The
special meeting convened at 5:35 p.m.
Present were Councilmembers: William J. Alexander, Deborah N. Brown, Charles
J. Buquet II, Pamela J. Wright, a~d Mayor Dennis L. Stout.
Also present were: Jack Lam, Assistant City Manager; James Markman, City
Attorney; Debra J. Adams, Deputy City Clerk; Elizabeth Stoddard, Finance Manager;
Diane O'Neal, Administrative Analyst; James C. Frost, City Treasurer; and Shelly
Petrelli, Office Assistant.
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PURPOSE OF SPECIAL MEETING
Mayor Stout explained the purpose of the special meeting. He stated that the
business before them was the public record of the discussion held in Executive
Session from last Friday and this meeting regarding a personnel action. He asked
the City Attorney to state the options that had been presented to the City
Council.
James Markman, City Attorney, stated the topic of discussion was the employment
of the City Manager. The options presented to the City Council, and presented
tonight were:
1. To commence with the process of removing the City Manager from office through
the termination procedure set forth in the Municipal Code.
2. To approve a settlement agreement which represents the City Manager's
position, by and through his lawyer, as to what terms he would resign, which
resignation would be effective tomorrow.
City Council Minutes
December 15, 1988
Page 2
(1)
3. To request the City Manager to resume his employment, although statements
had been made to the effect that he doesn't have an interest in that option at
the present time.
Mayor Stout stated the first option to be voted on would be the settlement
agreement and its acceptance. He wanted to know what the general dollar amount
was that the City Manager was requesting.
James Markman, City Attorney, stated the settlement proposal was approximately
$147,500.00, consisting of the City Manager's salary and all the perks for the
period of time during which it would take to terminate him, the six months
severance provided for in his contract, a sick leave buy-back of over $45,000.00,
PERS credit of $8,000.00 or so, and deferred compensation of approximately
$5,000.00.
MOTION: Moved by Alexander, seconded by Wright to approve the proposed
settlement agreement.
Councilwoman Wright stated she would be voting no because she thought that was
a ridiculous amount of money to pay to accept someone's resignation.
Councilman Alexander stated that since what he desired, which was to have the
City Manager come back, was not going to occur, he felt that this was the only
fair settlement.
Councilwoman Brown stated that she didn't think the amount was reasonable. She
thought it was far too much of the taxpayers' money to pay just to have someone
be happy and walk away, especially since the City Manager had been offered the
option of coming back to work and actively continue to seek other employment,
which he turned down.
Mayor Stout called for a roll call vote.
AYES: Alexander
NOES: Buquet, Brown, Wright, Stout
Mayor Stout stated the next option presented was whether we should initiate
termination procedures.
James Markman, City Attorney, stated that he had failed to mention before that
they could consider an immediate suspension with pay, which would conform to the
Municipal Code.
Councilman Buquet asked if he knew how much that would be.
James Markman, City Attorney, stated that if you start the termination process,
you usually have the option to suspend the City Manager from his duties with pay
pending the outcome of the process. In this case, it is a process that would
last until February 15, 1989.
City Council Minutes
December 15, 1988
Page 3
Mayor Stout asked if that was pursuant to the Ordinance.
James Markman, City Attorney, stated that was pursuant to the provisions of the
Municipal Code. He also stated that he had prepared a Notice of Intention to
Remove City Manager from Office and a Suspension of City Manager from His Duties
for the Mayor's signature.
MOTION: Moved by Brown, seconded by Wright to direct the Mayor to provide
notice to the City Manager that it is intended that the Council remove him on
February 15, 1989, and to immediately suspend him from his duties, with
compensation, pending the conclusion of that process.
AYES: Brown, Wright, Stout
NOES: Alexander, Buquet
Councilwoman Wright made the following statement for the record.
"I think the City Council is elected to represent the people. The
responsibility of the City Council is to make policy, the responsibility
of the City Manager is to implement that policy. In my opinion, the City
Manager has attempted to undermine and thwart the will of the people as
represented by the City Council. The City Manager was admonished about
his responsibility prior to the final removal of him from office."
MOTION: Moved by Buquet, seconded by Alexander to adjourn the special
meeting. Motion carried unanimously, 5-0. The meeting adjourned at 5:45 p.m.
(2)
Respectfully submitted,
Deputy City Clerk
Approved: February 1, 1989