1982 ADJ MTG MIN MAY 11 - Laserfiche WebLink

Browse Search

RESOLUTION NO. 4203 - A RESOLUTION OF THE CITY OF COLTON, CALIFORNIA, AUTHORIZING 19 4 THE MAKING OF AN AGREEMENT WITH ROBERT TREVINO AND AUTHORIZ- ING THE PAYMENT OF MONEY. Moved by Councilman Rehrer, seconded by Councilman Rios, to approve Resolution No. 4203. Unanimous vote. Mayor Huntoon then presented Resolution No. 4204 for Council's consideration and approval, reading it as to number and title only: RESOLUTION NO. 4204 - A RESOLUTION OF THE CITY COUNCIL, THE CITY OF COLTON, CALI- FORNIA, APPOINTING PHILLIP ELLIOTT CITY MANAGER, FIXING HIS BOND AND SALARY, DIRECTING RECRUITMENT FOR A SUCCESSOR, AND PROVIDING AN ACTING CHIEF OF POLICE. Moved by Councilman Rehrer, seconded by Councilwoman Garcia, to approve Resolution No. 4204. Unanimous vote. Mayor Huntoon said he would now like to read a statement clarifying the two Resolu- tions that had just been adopted. The Statement is as follows: STATEMENT The office of City Manager is established by ordinance. The ordinance provides for the appointment and the removal of the city manager. It also provides that the city manager shall be appointed for an indefinite term and shall be removable at the pleasure of at least a majority of the members of the City Council subsequent to 90 days after the date of a general municipal election. Within 90 days from the date of a general municipal election, the city manager is removable by the unanimous vote of all the members of the City Council. The city manager is the administrative head of the government of the City. He controls all of the affairs of the City. He employs and directs all personnel. He supervises the operations of all departments. He approves all purchases. The City operates on a fiscal year that starts July 1. It is required to adopt a budget in advance setting out its financial plans for the year. The city manager prepares the proposed budget. He presents it to the City Council for adoption. Major decisions for the entire next year will be made in the budget process. This requires total effort by the Council and a harmonious city manager. In February, 1981, an Agreement was made between the City and Robert Trevino. That Agreement was amended in December, 1981. It provides for Mr. Trevino to perform the duties of city manager and not accept other employment prior to February 3, 1984. That Agreement provides that if City removes Mr. Trevino from the position of city manager prior to February 3, 1984, he shall be entitled to severance pay at his salary rate equivalent to the months of service yet to be performed upon the Agreement. The current salary being paid to Mr. Trevino is $3631 per month. Retirement and fringe benefits add about one third of the salary to the overall cost to the City for compensation of Mr. Trevino. Mr. Trevino agreed to settle his contract rights and resign in consideration of being paid $10,000 plus accrued salary and leave already due him. Under the circumstances, it appeared to the Council that Mr. Trevino was willing to accept a sum that was substantially less than what the City would pay him other- wise. Furthermore, it appeared that by making the settlement, a new city manager acceptable to the entire Council could be appointed immediately so that City business could be conducted as required. This appeared to be particularly critical because —' the annual budget must be adopted by the end of next month. The Council determined that some action was necessary to protect the well being of the City under these circumstances. It was the judgement of the Council that the settlement with Mr. Trevino was reasonable and was clearly in the best interest of the City. The Council has accepted the settlement. Mr. Trevino will be paid $10,000 plus accrued salary and benefits. Mr. Trevino has released the City from its former agreement with him. Mr. Trevino has resigned effective this Friday, May 14, 1982. The Council has appointed Phillip Elliott as city manager as of that time. Mr. Elliott is not will- ing to serve beyond the time necessary to locate someone else for the position. MA'Y i9b- Q-