Fernley Council Names Consultant to Interim City Manager Post

In what appears to be a move to put even further distance between the city and the 10-year tenure of former City Manager Gary Bacock, the Fernley City Council approved the appointment of consultant Greg Evangelatos as the city's Interim City Manager during yesterday's regular session.
The two outside contenders for the job included Evangelatos and former Community Development Director Robert "Terry" Gilbert. The council also had the option of continuing current Community Development Director Fred Turnier in the position, but the council agreed that Turnier would be spread too thin trying to function in two key jobs at once. Turnier was named Acting City Manager at the December 17 council meeting following the council's issuance of a resignation ultimatum to Bacock.
While all of the council members praised the talent and experience of both candidates, it quickly become clear that Evangelatos had gained the confidence of a majority on the panel.
Councilman Cal Eilrich, Ward 5, initially indicated that he could vote for either candidate, however, there came a tipping point in his deliberations and said he was throwing his support behind Evangelatos.
"I talked with the City Manager of Sparks and his comment stuck with me," Eilrich said. "He told me the City is still reaping the benefits of Greg having worked with the City for the time he did."
Curt Chaffin, Ward 4, concurred: "We have three people who are exceedingly good. We're very fortunate to have to make this difficult decision. But, after giving this a lot of thought, I would vote for Mr. Evangelatos."
Perhaps one of the most telling endorsements in terms of the council's collective mindset came from newly sworn in Ward 1 Councilwoman Kelly Malloy. As she discussed her reasoning for supporting Evangelatos, Malloy said, "We need to move forward and heal as a city."
With an eye on the city's coffers, Ward 3 Councilman Monte Martin said he believed that Turnier would be best suited to stay in as the Interim City Manager, which he pointed out would be the least costly to the City.
However, with a clear majority of the council clearly backing Evangelatos, Eilrich moved to extend a three-month contract to Evangelatos with the provision for one-month extensions as needed while the search for a permanent City Manager is being conducted. The compensation was set at the lowest rung on the City Manager's pay scale, which would be approximately $6,859 per month.
The motion to appoint Evangelatos as Interim City Manager passed unanimously and he is slated to start work January 14.
Evangelatos has a Master's Degree in Regional and City Planning from the University of Oklahoma. He has been a Private Consultant/Land Specialist since 2007, and his resume lists positions that include Vice President and Principal Planner for FPE Engineering, and Director of Community Planning and Development for the City of Sparks.
The Search Begins...
After the council gave its nod to the appointment of Evangelatos, the discussion turned to the process of finding a permanent replacement for Bacock. Mayor Todd Cutler quickly pointed out that he should be running the show in terms of interviewing prospects and developing a short list of candidates for the council to consider.
"The role of the Mayor and City Manager and our ability to work together is critical," Cutler said. "I would ask that you put me in charge of the recruiting process so I can form a committee to conduct interviews and bring finalists for the council to review."
Cutler then outlined an aggressive timeline for the process that would produce a final field of candidates by the first of April. Following some discussion as to whether the Mayor should have discretion in appointing members of the search committee, the council gave Cutler the green light to move forward in a 3-1 vote, with Martin dissenting.

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.

Council Set To Mull Bacock's Exit Agreement

Today's Fernley City Council meeting--set to begin at 4 p.m--will be punctuated by the council's consideration of long-time City Manager Gary Bacock's exit as the city's top executive and two versions of a proposed settlement agreement.
In what was originally slated to be the last council session before two new council members are sworn in during the first meeting in January, the council has now slated a special session for next Monday, apparently to clear some last minute business before the close of the year. More details on that to follow in an upcoming post...
The big item on today's agenda will see the council mulling over two proposed settlement agreements for Bacock, who said in an agenda report to the council that, "Due to the election, it is clear that a transition is coming."
Apparently seeing the handwriting on the wall, the embattled City Manager has proposed two versions of a settlement agreement with the city, one that would offer up six months of severance--two months longer than his current agreement with the city calls for in the event of termination--and another that offers the city's first and only manager the standard four months.
There are some nuances in wording between the two documents, but either version has a certain level of goodwill and transitional assistance attached to the agreement. On the surface, it appears that the major difference lies in the term--four months versus six.
In his agenda report to the council dated December 11, Bacock recommends three current department heads as possible candidates for the interim city manager: Bonnie Duke, Finance Director/Treasurer; Lowell Patton, Public Works Director; and Fred Turnier, Community Development Director. "Each of these department heads has the experience to temporarily fill this acting assignment," Bacock tells the council.
Based on the terms of either agreement, Bacock will be placed on paid administrative leave Saturday, December 20. Bacock, who pulls down a salary in the low six figures, was hired as Fernley's first town manager in September 1998. He became city manager when the town incorporated July 1, 2001.
Tucked away on the council's standard consent agenda are a couple of items worthy of note...
There are three acquisitions of land for water conveyance projects, presumably tied to the ongoing construction of the city's water treatment plant. The combined cost of those acquisitions total $183,000.
The council will also award the construction contract for the Nevada Pacific Parkway waterline relocation project that has to be done in order for the new interchange to proceed at I-80. While the city has a shared cost agreement with Nevada Department of Transportation, the city's exposure on the project is pegged at $436,613.38.
Other regular agenda items include swearing in the 2009 Youth City Council, and a review of all appointments to various committees and commissions in an effort to determine whether a council member, city staffer or a member of the public would be better suited to certain committees.

BREAKING NEWS: Fernley City Manager Set To Resign

There are some late-breaking developments regarding Fernley City Manager Gary Bacock, who appears poised to relinquish the reigns of his long tenure as the city's top executive.

While no official press release has been issued, Item 7 on next week's council agenda indicates that a transition of power is in the works.

The agenda item reads: "ADDRESS CITY MANAGER TRANSITION ISSUES, INCLUDING A PROPOSED TRANSITION AGREEMENT, APPOINTMENT OF ACTING CITY MANAGER, AND RECRUITMENT PLANS FOR NEW CITY MANAGER."

Bacock has been the target of criticism for some time now as many residents and members of the city council have called into question his leadership ability and decision-making, particularly in relation to his handling of the construction of the city's water treatment plant.

In August, Bacock narrowly averted termination in a confidence vote of the city council that came down 3-2 in his favor after Councilman Joe Mortensen cut short an Alaska vacation with his son to return to Fernley for the pivotal vote.

With two new council members due to be sworn in come January, it would appear that Bacock is resigning.

Efforts to reach the City Manager are underway... More details as they become available.

The full agenda can be accessed here: http://www.cityoffernley.org/documents/Agendas%20&%20Minutes/City%20Council/2008/08-12-17%20FCC%20Agenda%202.PDF