Sunday, March 4, 2012

Public Hearing

There will be a lot of news stories and headlines over the next few days regarding the Marina City Manager’s public hearing on Tuesday night. I think it is important to remember a few things going into this meeting.
First and foremost, let’s all step back and take the personalities out of the mix. Mr. Altfeld could be the best or the worst City Manager in the City’s history- it really does not matter at this point. What does matter is the process to which the Council follows, and this is the concern that I have.
If the City Manager (or any City employee) has a contract that outlines the process for disputes on salary, severance and other items that was agreed upon by all parties, then it should be followed. This should be true for all of us. If we have a contract with our employer, we expect it to be honored. This is what brings us peace of mind, comfort and order to our relationship with our employer.
So if there is a disagreement and the contract stipulates that you negotiate until you reach an agreement or an impasse, then you follow the contract terms. If you reach an impasse then you go to arbitration. If after arbitration you still cannot agree then you can terminate under the terms of the contract. This is not the path to which our City Council majority has chosen to travel; rather they have decided to go from negotiation to termination in defiance of the contract terms.  According to the closed session agenda they seem to knowingly be headed for arbitration, even litigation, after the employee is terminated.
If arbitration is after termination and arbitration determines the employee should be reinstated, how does that happen in this case? It would seem to me that the result would be a very expensive settlement to the City because the process was not followed. We are all aware of the City’s finances, so how do we afford this? Doesn’t it simply make sense to follow the terms of the contract and avoid this expensive process? Remember, the City is paying for the Attorneys on both sides of this case, plus the City Attorney’s fees and ultimately court costs and a potential settlement amount.
Finally, what will we have saved through this process? We will still need to hire a City Manager, perhaps at a lesser salary and with fewer benefits but we would have spent tens and maybe even hundreds of thousands of dollars on this ill fated process. It all comes back to the contract.
The question is simply, what is a contract worth? That answer is important to all our City employees at this point. They have an agreement with the City. If our Council majority chooses not to honor it, who is safe from their wrath?
More later

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