It has been confirmed that embattled Fernley City Manager Gary Bacock will be stepping down as the city's top executive, perhaps as soon as Saturday, December 20, according to the draft of a proposed "Transition and Settlement Agreement."
In an agenda report to the city council prepared for next Wednesday's regular session, Bacock says, "Due to the election, it is clear that a transition is coming, and it is my hope that this document will be presented to protect the City in the long term from unwanted liability and to provide for a smooth and predictable transition."
Bacock's bid for a long goodbye kiss from the City of Fernley in essence tacks on an extra two months of compensation--six instead of the four he would get if terminated--in exchange for the city manager's "needed assistance for current legal issues." The exact nature of those legal issues is not spelled out in the agenda report or in the draft agreement.
Under the terms of Bacock's proposed agreement, he would be placed on paid administrative leave effective Saturday, December 20, and remain on payroll until June 20, 2009. In exchange, "Bacock agrees to cooperate in the transition to a new City Manager by providing information, cooperating in pending litigation, and responding to reasonable requests from the City..."
The agreement, if approved by the council, will replace Bacock's current employment agreement and it will release the city from any other claims the long-time city manager might have against this high desert community.
"It is further understood and agreed that this release is executed as a compromise of a disputed claim and that the aforementioned consideration for this release is not to be construed as an admission of liability on the part of Fernley, including their agents, servants and/or employees, and any and all other persons, firms or corporations, such liability being expressly denied," according to wording in the agreement.
The three-pronged plan outlined in the agenda report to the council recommends the adoption of the agreement, identifies Bacock's recommendations to fill the Acting City Manager role, and offers up his suggestions for recruiting his permanent replacement.
Bacock taps three current department directors as his picks to function in the City Manager's role during the transition: Bonnie Duke, Finance Director/City 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 says in the agenda report.
In terms of recruiting a permanent replacement, Bacock points to the International City Managers' Association website and the city's own website as being adequate to attract "qualified individuals." He also indicates that the council could retain a professional recruiting firm, but the cost is estimated to be between $15,000 to $25,000.
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.
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