It's Official: Bacock Bows Out

In closing out what could be arguably termed one of the most divisive chapters in the relatively short history of the City of Fernley, Gary Bacock signed an agreement with the city late Friday afternoon effectively resigning his post as City Manager.
Mayor Todd Cutler said he was on hand to execute the agreement just minutes shy of the 5 p.m. deadline for Bacock's acceptance, which was imposed by the city council earlier in the week. The Mayor said that after he signed off on the agreement he shook Bacock's hand, wished him well, and thanked him for his work.
"We need to move forward. We can learn from the past, but we don't have to cling to it," Cutler said. "The City Manager gave 10 years of service to the town and city, and I appreciate that."
Bacock's agreement with the city, which was hammered out at last Wednesday's city council meeting, allows the long-time top executive to resign with four months severance pay along with accrued sick time that reportedly amounts to 706 hours. The agreement essentially nets Bacock the same terms he would have received had he been terminated.
The prospect of being fired apparently loomed large on the horizon for Bacock. "Due to the election, it is clear that a transition is coming," he wrote in an agenda report prepared for the December 17 council meeting.
Bacock's original proposal called for him to be placed on paid administrative leave for six months in exchange for transitional assistance and a release from potential litigation with the city. An alternative proposal reducing the period to four months was submitted prior to the council meeting.
However, the City Manager's majority base of support among city council members evaporated at Wednesday's meeting leaving him placed on paid administrative leave immediately with a 5 p.m. Friday deadline to resign and take the severance package.
The 3-2 council vote represented a significant shift from just last August when the council voted 3-2 to retain Bacock. At that point, the City Manager had the support of Elayne Logue, Ward 1; Joe Mortensen, Ward 2; and Monte Martin, Ward 3. Mortensen even cut short an Alaska vacation in order to be back in Fernley for the pivotal council session.
However, Mortensen proved once again to be the crucial swing vote at Wednesday's meeting, this time voting to support Bacock's resignation and severance agreement. Mortensen won a seat on the Lyon County Commission in the November election, and Logue was defeated in a bid to retain her Ward 1 seat on the council.
Council members Curt Chaffin, Ward 4, and Cal Eilrich, Ward 5, had pushed for a change in the city's top executive this past August and they were once again at the forefront of the action during last Wednesday's council session.
"Last Wednesday's council meeting was one of the most difficult I've been involved in," Chaffin said. "But it's time for change, and I believe we'll see our city move forward in a very positive way."
Bacock, whose leadership style and decision-making has spurred contentious debate among citizens and the council alike, pulled down a salary in the low six figures. He first served as town manager and then city manager following the city's incorporation.
Community Development Director Fred Turnier was appointed Acting City Manager following Bacock's departure after being placed on immediate paid administrative leave at Wednesday's council session. Now that Bacock has resigned, Turnier will remain in that post until the January 7 council meeting when an Interim City Manager will be decided by the council. The Interim City Manager will function in that position until such time as a permanent City Manager can be hired.
Turnier said that he conducted an "all hands" meeting with city staff late in the week to reassure them that it will remain "business as usual" at city hall.

Bacock's Bid Backfires

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.