In a stunning turn of events, City Manager Gary Bacock's bid to structure the terms of his separation met with stiff resistance among members of the Fernley City Council at yesterday's meeting. The long-time top executive's majority of support on the council evaporated, leaving him placed on paid administrative leave immediately with a deadline of 5 p.m. Friday to accept the standard four-month severance package.
Bacock, who has been the city's top paid executive for the past 10 years, expressed little emotion as the council abruptly decided his fate. However, Bacock did not move after being asked to leave the council meeting, so Mayor Todd Cutler called a 10 minute recess to give Bacock an opportunity to gather his things and make his departure.
Initially, it appeared the council was going to pass on taking any action at all as they discussed Bacock's initial proposal that called for a six-month severance package--two more months than he would get if terminated.
In looking over Bacock's agreement Ward 4 Councilman Curt Chaffin said, "There's one item I don't like, which is six months pay in exchange for many protections for the city. I believe we should stay with four months."
Cal Eilrich, Ward 5, then indicated that if Bacock wants to resign, then he should present the city with a letter of resignation contingent on a settlement agreement. "I don't believe this should be a long drawn out affair," Eilrich said.
At that point, the Mayor polled the council for any motions or action on the proposal, and the council was silent.
Chaffin then mentioned the alternate four-month proposal that was submitted after the original six-month settlement agreement. "There is an alternate settlement agreement that was prepared and it should be considered at this time," Chaffin said.
Eilrich said he believed the alternate four-month settlement agreement would be supported. However, the councilman added provisions to speed up the timeline.
"I would add that Mr. Bacock has until 5 p.m. Friday to accept the option," Eilrich said. "I believe that if he accepts, then he resigns--no paid administrative leave--just severance."
Eilrich then made a motion to have City Attorney Jeff McGowan draft an agreement to have the City Manager resign by 5 p.m. Friday and receive four months of severance as if he had been terminated. The councilman also wanted wording added to the agreement that would protect the city from possible lawsuits arising from the matter.
Chaffin supported the motion, and Mayor Cutler reluctantly opened the floor to public input on the matter, indicating that he feared a flood of people wanting to speak about the situation. The council chamber was filled to capacity at that point in the meeting.
Ironically, the only people to speak included a former councilman and a future councilman.
"The City Manager is offering to resign, but per his contract he's not entitled to severance," former councilman Ralph Menke said. "I have to question spending taxpayer dollars to pay severance on a resignation."
Responding, Eilrich said that in the staff report to the council there is an implied threat of litigation. That threat would apparently be mitigated by the settlement agreement.
"I would just as soon get on with the healing process this city needs to undergo," Eilrich said.
Don Parsons, who will be sworn in to the Ward 2 council seat in January, then told the council that he had "a bit of a problem with what's being proposed here."
"I don't know why Bacock thinks he's going to be terminated in January," Parsons said. "But this is a big boy world and anybody can threaten a lawsuit."
Parsons also expressed concern that Bacock would be paid accrued sick leave, which he indicated amounted to some 706 hours--suggesting that it be cut to only 25 percent.
Eilrich then asked the City Attorney for clarification. McGowan said that Bacock would be paid the accrued sick leave regardless of the terms of separation.
Seeing no further public input, Mayor Cutler called for a vote on Eilrich's motion and it passed 3-2 with nays from Elayne Logue, Ward 1 and Monte Martin, Ward 3.
Citing the potential for litigation, Eilrich then moved to have Bacock placed on paid administrative leave immediately, which garnered a quick second from Chaffin. That motion passed 3-2, again with nay votes from Logue and Martin.
"Mr. Bacock is to leave his post at this time," Mayor Cutler said. Seeing no movement from the City Manager, the Mayor then called a 10 minute recess to give Bacock an opportunity to leave the building.
Reconvening following the recess, the Mayor then appointed Community Development Director Fred Turnier to fill the post of Acting City Manager until such time as there is an actual vacancy in the position.
Turnier, who joined city staff in late September, previously worked as Director of Planning for the City of Reno, as a Planning Manager for a national engineering firm in Las Vegas, and was a Principal Planner for Clark County.
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