Acting City Manager Steve Berry On Agenda Again

On Next Agenda:

Item D.

Consider the Layoff of the Assistant City Manger Pursuant to Rule IX of the Rules and Regulations for the Administration of Personnel Matters in the Interest of Economy as a result of Prior City Council Action Abolishing the Assistant City Manager Position.

Steve Berry's last acceptable way to balance the budget was to eliminate his job and he was at the hope gambling that he'd be hired as City Manager over Tom Schwab... He made this bold offer before the Sun and Press had picked up your coverage of the Embezzlement Story. Well this is the final act in the End of the Position of Assistant City Manager, it has no bearing to the Job Performance of the current Assistant City Manger Steve Berry.

9.) Closed Session:
A. Pursuant to Government Code Section 54957.(b)(1) to Consider the Appointment of Acting City Manager Pursuant to GTMC Section 2.08.030...

Perhaps Berry has taken an extended leave... and they need a replacement for him. They already voted to rid the city of both Schwab and Berry. It is also possible as an attempt to re-instate Berry. If the above passes he can not be the Acting City Manager because an Acting City Manager has to be an employee of the City .... IF the Above is passed he will be no longer an employee.

The Muni Code...

2.08.030 Absence or disability.
The assistant city manager shall serve as manager pro tempore during any temporary absence or disability of the city manager. In the event there is no assistant city manager, the city manager, by filing a written notice with the city clerk, shall designate a qualified city employee to exercise the powers and perform the duties of city manager during his temporary absence or disability. In the event the city manager's absence or disability extends over a two-month period, the city council may, after a two-month period, appoint an acting city manager.
(Ord. 4 § 3, 1978)

Compensation.

A. The city manager shall receive such compensation as the city council from time to time determines.

B. In addition, the city manager shall be reimbursed for all actual and necessary expenses incurred by him in the performance of his official duties.

C. On termination of employment of the city manager by reason of involuntary removal from service other than for wilful misconduct in office, the city manager shall receive cash severance pay in a lump sum equal to one month's pay following his termination date, such pay to be computed at the highest salary received by the city manager during his service with the city. Involuntary removal from service shall include reduction in pay not applicable to all employees of the city.
(Ord. 4 § 4, 1978)

So if the above is passed the City Council could designate the City Clerk as the Acting City Manager as of the effective date of the Termination or Layoff of the Assistant City Manager.

More Review From Readers

The cut and paste from govt code looks like they are simply giving the job the Berry.

Small medical bills EAP, Employee Assistance Program

Large medical reimbursements seem suspect. Should be part of regular payroll. Benefits paid as part of schedule of benefits. Are some employees RDA and RDA is reimbursing city general fund?

The city clerk would be a bad choice I can read in the last pages Leroy Saenz blacked out ss# and phone #. You should ask for redacted information and just hold to the light.

Page 21, $1250 paid for Schwab retirement party to sheriff's dept. It is not accepted practice to use city funds as a gift. Someone can volunteer to organize retirement party and collect a fee.

Never should city funds advance or pay for this.