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HomeMy WebLinkAboutMinutes 04/29/1999 3960 CITY COUNCIL SPECIAL MEETING Port Angeles, Washington April 29, 1999 CALL TO ORDER - Mayor Braun called the special meeting of the Port Angeles City Council to order at SPECIAL MEETING: 3:00 p.m. ROLL CALL: Members Present: Mayor Braun, Councilmembers Campbell, Doyle, Hulett, McKeown, Wiggins, and Williams. Members Absent: None. Staff Present: Manager Ibarra, Attorney Knutson, Clerk Upton, E. Kovatch, T. O'Neill, B. Wheeler, B. Beverford, A. Kenyon, L. Kheriaty, S. Edgington, B. Veldhouse, K. Papandrew, T. Nevaril, K. Emery, T. McCabe, Y. Ziomkowski, N. Wu, J. Hordyk, T. Riepe, B. McCurdy, C. Hagar, and R. Johnson. Others Present: No one from the public signed in on the roster. ADJOURN TO Mayor Braun adjourned the meeting to Executive Session at 3:00 p.m. to discuss a EXECUTIVE SESSION: personnel matter for one hour. RETURN TO The meeting returned to Open Session at 4:00 p.m. OPEN SESSION: City Manager Mayor Braun read into the record a public statement indicating that "by mutual Resignation agreement with the City Council, Patrick Ibarra resigned as Port Angeles City Manager ... for various reasons primarily related to management style". The statement further expressed the City Council's wish to acknowledge that during his tenure, Mr. Ibarra accomplished or instituted a number of enhancements that will benefit the City, including the City's first economic development program. The public statement summarized the contents of a negotiated severance agreement and was concluded by wishing Mr. Ibarra well in his future endeavors. The written statement, in its entirety, is attached to and becomes a part of these minutes as Exhibit "A". Copies of the statement were made available to the public. Councilmember McKeown moved to accept Mr. Ibarra~s resignation. The motion was seconded by Councilman Doyle. Councilman Campbell felt the resignation would be a serious disappointment to many City employees, as well as citizens of the community. He indicated that Mr. Ibarra had been the stimulus for many positive improvements in City services and programs during his short tenure and, for that reason, Councilman Campbell indicated he would oppose the motion to accept the City Manager's resignation. Councilman Williams noted that the comments made by Coua. cilman Campbell reflected his own views. He referenced he had prepared a statement, copies of which were made available to the media. Councilman Williams indicated that he, tool would be opposing the resignation. Councilman Wiggins advised the Council that he would support the motion, as he felt - 1 - 3961 CITY COUNCIL SPECIAL MEETING April 29, 1999 City Manager it was in the City's interest to move forward in a positive way as quickly as possible. Resignation (Cont'd) A vote was taken on the motion, which carried by a majority vote, with Councilmembers Campbell and Williams voting in opposition. The matter of the proposed severance agreement was introduced, and Councilman Wiggins moved to accept the severance agreement as printed. The motion was seconded by Councilman Hulett. Councilmember McKeown indicated she would be voting "no" on the acceptance of the agreement, as she felt the Council signed a contract with Mr. Ibarra this past summer with which it should abide. She felt there were items the City should not be paying. Councilman Doyle agreed, noting the employment agreement stated very clearly the severance requirements, and he felt the City was being overly generous in the proposed severance agreement. Councilman Doyle advised the Council that he would, regretfully, be voting "no". Councilmember McKeown added that she sincerely wished Mr. Ibarra well in the future, and she has shared this sentiment with him. She indicated that he has worked very hard for the City in economic development, and he has made the City step away from the status quo in economic development. Councilman Wiggins voiced his support of the motion because of what was included in the public statement. He felt it was very clear that the severance agreement provides for the payment of an additional $ I0,000 over and above the employment contract, but in exchange there were some assurances given to the City that are important. Attorney Knutson elaborated on the point made by Councilman Wiggins, assuring the Council that the additional $10,000 above what was provided for in the employment agreement had a quid pro quo or consideration attached to it. The City would be receiving something of value in exchange and, in his opinion, the agreement met the legal requirements for the City to receive consideration for what it would be paying out to Mr. Ibarra. A vote was taken on the motion, which carried by a majority vote, with Couneilmembers MeKeown and Doyle voting in opposition. ADJOURN TO Mayor Braun adjourned the meeting to Executive Session at 4:10 p.m. to discuss EXECUTIVE SESSION: personnel for one hour. RETURN TO The meeting returned to Open Session at 5:15 p.m. OPEN SESSION: Councilman Doyle moved to appoint Jack Pittis as Interim City Manager. The motion was seconded by Councilman Wiggins. Councilman Williams indicated he would agree, as long as it was clear that this was interim and that there would be a process of appointing a permanent replacement. A vote was taken on the motion, which carried unanimously. ADJOURNMENT: The meeting was adjourned at 5:20 p.m. Gary B~aun, Mayo~ l~cky J. ljpt~ Cit~Clerk ]"- - I1 ~ -2- 3961A Exhibit "A" PUBLIC STATEMENT Today, by mutual agreement with the City Council, Patrick Ibarra resigned as Port Angeles City Manager. On Monday of this week, the City asked Mr. Ibarra to resign for various reasons primarily related to management style. Nonetheless, the City Council does wish to acknowledge that during his tenure, Mr. Ibarra accomplished or instituted a number of enhancements that will benefit the City, including the City's first economic development program. The City and Mr. Ibarra have negotiated a Severance Agreement. The agreement provides for Mr. Ibarra to receive four months salary and his accumulated vacation leave, which he is entitled to under his employment agreement with the City. The Severance Agreement also provides for the payment to Mr. Ibarra of an additional $10,000. This amount is in exchange for Mr. Ibarra agreeing to several things. First, he is agreeing to waive any fights he may have under state law, before city manager terminations become effective, to thirty days additional compensation, a formal statement of reasons, and a public hearing. Second, he is agreeing to release the City from any claims he may have against the City related to his employment with, or resignation from, the City of Port Angeles. Third, he is agreeing to cooperate with the City in the transition to a new City Manager, including being available by telephone or other convenient method of communication for a four month period to discuss pending issues or other matters related to his administration of the City. The City Council feels very strongly that it is in the best interests of City government, City employees, and the citizens of Port Angeles not to go into detail about the Council's concerns regarding Mr. Ibarra's management style. The Council feels that such a public discourse would accomplish little, if anything, of a positive nature and would be counter- productive to the Council's desire to move forward with a smooth transition to a new City Manager. The Mayor and Council Members will be meeting with City employees to let them know what the Council's expectations will be for the transition. The Council will be considering Mr. Ibarra's replacement in the very near future. Finally, as Mayor, I speak for all of the Council in expressing the Council's regret at having to take this action. Although the Council does feel that Mr. Ibarra's resignation is in the best interests of the City of Port Angeles, the Council whole- heartedly wishes Patrick well in his future endeavors.