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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. , , , , , 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