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HomeMy WebLinkAboutAgenda Packet 04/29/1999 CITY OF PORT ANGELES CITY COUNCIL SPECIAL MEETING April 29, 1999 I. CALL TO ORDER-~~MEETING: II. ROLL CALL: Members Present: Mayor Braun Councilman Campbell Councilman Doyle Councilman Hulett Councilmember McKeown Councilman Wiggins W'/, at' Councilman Williams Other Staff Staff Present: ~.t~ Manager Ibarra ~ ~_ . , Attorney Knutson x/~' , Clerk Upton V B. Becker S. Brodhun ~.~. B. Collins K. Godbey ,~l). ,/~,Jt~~ S. Ilk ,~. J. Pittis III. ADJOURN TO EXECUTIVE SESSION: . Reason: Approximat; Lengtfa.7 ] ~ IV. RETURN TO OPEN SESSION: '(.t V. PLEDGE OF ALLEGIANCE: Led by: CITY OF PORT ANGELES CITY COUNCIL SPECIAL MEETING Attendance Roster DATE OF MEETING: April 29, 1999 LOCATION: City Council Chambers SEVERANCE AGREEMENT This Severance Agreement is entered into the 29~ day of April, 1999, between the City of Port Angeles and Patrick M. Ibarra, for the purpose of establishing the terms and conditions of Mr. Ibarra's resignation fi.om his position as Port Angeles City Manager. REPRESENTATIONS 1. Patrick M. Ibarra has served as the City Manager of Port Angeles since July, 1998. 2. For various reasons primarily related to management style, the City Council has determined that it is appropriate to ask Mr. Ibarra to resign. 3. Under the Employment Agreement between the City and Mr. Ibarra, if the City Council asks him to resign, he is entitled to four months severance pay and accrued leave cash-out. 4. Under state law, as set forth in RCW 35A.13.130, city managers have certain rights before terminations become effective, including thirty days pay, a formal statement of reasons, and a public heating. AGREEMENTS In consideration of the above Representations and the terms and conditions set forth below, the parties hereby agree as follows: 1. The City agrees to pay Mr. Ibarra compensation and benefits up through April 29, 1999, a lump sum payment equal to four months aggregate salary, including deferred compensation but not including car allowance, cash-out of accumulated leave as provided in the ordinance applicable to department heads, and an additional amount of $10,000, on or before May 7, 1999. 2. Mr. Ibarra agrees to waive any rights that he may have under state law to thirty days additional compensation, a formal statement of reasons, or a public heating. Mr. Ibarra also agrees to release the City fi.om any claims or causes of action that he may have against the City, its current or former officers, or employees, in any way related to his employment with, or resignation from, the City of Port Angeles. 3. Mr. Ibarra agrees to cooperate with the City, its officers, and employees 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. Mr. Ibarra also agrees that within twenty-four hours of the execution of this agreement he will return all items belonging to the City of Port Angeles, including but not limited to keys, public documents, publications, computers, and other equipment. - 1 - 4. Mr. Ibarra does not agree to waive any rights he may have to unemployment compensation, and the City agrees not to contest or challenge Mr. Ibarra's application or eligibility for unemployment compensati°n benefits. 5. Both parties agree that, upon written request to the City's Human Resources Office for references or recommendations on behalf of Mr. Ibarra, the City's statement shall be as follows: On April 29, 1999, by mutual agreement Patrick Ibarra resigned as Port Angeles City Manager and the City Council accepted his resignation. 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 Council wishes Mr. Ibarra well in his future endeavors. 6. Mr. Ibarra represents that he has carefully read, knows the contents of, and fully understands the terms of this Severance Agreement. Mr. Ibarra represents that he signs this Agreement freely and voluntarily, and accepts the terms of the Agreement for purposes of making a full compromise and settlement of all claims and potential claims. Mr. Ibarra acknowledges that he has been afforded the opportunity to consult with an attorney of his choice concerning this Severance Agreement and has done so. 7. This Severance Agreement contains the entire agreement between the parties, and its provisions are to be construed in accordance with Washington law. Venue for any lawsuit related to this Severance Agreement shall be in Clallam County, Washington. IN WITNESS WHEREOF, the City of Port Angeles has caused the Severance Agreement to be signed and executed by the Mayor at the direction of the City Council, and Patrick M. Ibarra has signed and executed this agreement, in duplicate this 29n day of April, 1999. CITY OF PORT ANGELES PATRICK M. IBARRA MayorXGary BraOn ~ - ATTEST: APPR~ED~S TO FORM: C~'~ Clerk q ~ - - City~Attomey ' C 3OFF iC~/~'. ~,,BWI~i)O~S~ARRA. AGR - 2 - 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. Comments on Council's actior~ of 4/29/99 f~-'om Laz~/ G. Williams: Mr. Ibarra has proven to offer a fresh viewpoint to local government. He is a qualified professional who has worked hard to comprehend our present state of affairs. I believe he has ventured to administer Port Angeles in a direct and responsible manner, and trust he has labored to foster local prosperity through ingenuity, originality, and accountability. Patrick is clearly an intense leader who is embracing a new level of complexity and interaction in his career. He is eager to learn, and seems willing to reconsider and adapt his management style to a preferred alternative when offered clear add specific examples of a needed chan~e. The urbanization of rural America is a process that fills text books. Transition is difficult under the most ideal conditions. It is divisive and traumatic when handled ineptly. I am convinced Council has made significant progress in advancin~ our goals and objectives with Patrick's assistance over the past 9 months, a~J assure the public that we deliberate our successes and shortcomings with him on a regular basis. Given the ability to govern in the midst of the everyday limitations we encounter, I believe we have demonstrated that we can resolve complex issues for the public good - usually to the general satisfaction of those involved. I appreciate the calls and comments I have received, and applaud NCN and Radio Pacific for their restraint while Council has been working on an entire series of personnel matters. However, the Peninsula Daily News has unnecessarily precipitated a crisis by transforming a few verifiable facts into a series of embellished and narrowly researched speculative articles. What ever action we have taken as a body today, however it is interpreted, is the outcome of an effort to mitigate the unfortunate consequences of the breaches and hysteria they have generated, and I place the blame for the distress now being inflicted on both individuals and our community at large squarely on their shoulders. Though I r~sponded to the Daily News on Tuesday to messages I retrieved late Monday, my comments appear to remainunpublished. A copy of that dispatch is attached to this release. I wish to assure the citizens and employees of the City of Port Angeles, that Council remairs diligent in it's efforts to set and administer policy in an equitable, proactive, and productive manner. While I am but a single representative in a voting assembly of seven, I pledge to faithfully relay to my colleagues the concerns voiced by those who have contacted me. I Details in youu~ article of April 27th disclose the fact that I did not respor~i to yc~r two requests to telephone you Monday evening. Your p~r~p~ctive suggests you merited/ a reply, though neither of your messages offerc~/ the co%~rtes%, of exlolanation for your call. I speculated you were seekir~ to question me anony~ous su/%'ey, some weekend inquiries by several counci 1 member~, or ~ Mor~y morning executive session. As such, no response was warr~unted. Council membe~ are governed by rules and procedures. /he open meetings act asstu~es communications with the media. In my 16 months of office I've discove~ that nearly evez7 item deliberated in Executive Session will eventually forward to te published in the record of an open session of the Council. Executive F~ssions offer lawmakers the opportunity to consider a r~w r~e of individual topics. It is a confidential setting where a special set of concerns may ]De thoroughly studied and frar~<ly evaluated for the public gc~xl by representatives serving the electorate. /he sessioD,$, like all conduct of a public official, are governed by many regulations, including the Cx~uncil R~les of Procedure.. a public document available to you. F~ction 3 of the rules state in part '"No me~ber of the City Council, employee of the City, or another per~on present during executive session of the City C~cil shall disclose to any person the content or substance of any discussion or action w~hich t(~ok place duu~irk3 said executive session, ~u%less a ~jority of the City Co~ncil shall autho~-ize such disclosure." When a ~jority of the Cotuncil authorizes the disciosuu"e of details from Council ~<ecutive ~ssion, you will ~_ally find the Mayor cooperative, candid, and thorough in reply. In turn, other Council memb:,rs will exercise their right to respond as they feel the need. I take my obligatior~ as a Council member seriously, as do the other six members. I believe we each attempt to s~bscribe to and uphold the public trust to the b~st of our ~bilities given the complexities of the issues and situation,~ we are compelled to co~%sider as we govern. As such, you will discover that I r~adily respond when respor~ is both allowed'and warranted. First, for the recoz-%% you can add my "r:o comment" comment to your list of responses ab~.ut our Monday morning meeting. Comment on the executive session was not authorize-d, ar~ you will receive none from me. Second, I corsider yo~u~ notir~ that "A top city official said the results (of the weeker~l inquiries) were discussed by all seven council members in executive session Monday..." ~m item .of grave concern. Yot~- reDor~ stated that the meeting was attended by eight individuals. If acc~rate, it is clear-that someone from that meeting, or one ,Df their subordinates charged with maintaining the confidence of that body, either does not ur~ierstand or does not c~e ~ubout the process public trot that is broken through such actions and assertions. · /'ne popular idiom "Never argue with someone wl~o buys ink by the ]~el" still applies here. However, it's sad that a few local hacks are increasingly compelled to fancy desr. iny as some Jackie Judd or k~b Woodward clone. By the tone of the message you left. ai~.d the badgering you've obviously inflicted on other council members, you'~ e app.~r'ent, ly determined to seize an opportunity to undermine any kind of orderly inquir7 which could have provided you with a balance<i lcx)k at a goverr~ent in transition. Irstead, you've generated a story full of innuer~io based on the ~tatements you did or did not receive. Ihat being the case, I now challenge you to print my respo~%se in full and unedited.