HomeMy Public PortalAboutResolution 05-4330 Suspension from service and removal of City Manager Martin ColeRESOLUTION NO. 05-4330
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY EVIDENCING ADOPTION OF A PRELIMINARY RESOLUTION
SUSPENDING THE CITY MANAGER FROM DUTY AND REMOVING
HIM FROM HIS CLASSIFICATION/EMPLOYMENT PURSUANT TO
SECTIONS 2204 AND 2205 OF THE TEMPLE CITY MUNICIPAL CODE
WHEREAS, the City Council recognizes that Sections 2204 and 2205 of the City Code of the City
state as follows:
2204. REMOVAL. The City Council shall appoint the City Manager for an indefinite
term and may remove him by the affirmative vote of not less than three (3) members.
At least thirty (30) days before such removal shall become effective the City Council
shall by not less than three (3) affirmative votes adopt a preliminary resolution stating
the reasons for his removal. By the preliminary resolution the Council may suspend
the City Manager from duty, but shall in any case cause to be paid to him forthwith any
unpaid balance of his monthly salary and his monthly salary shall continue to be paid
until the effective date of such removal. The City Council in removing the City Manager
shall use its uncontrolled discretion, and its action shall be final, and shall not depend
upon any particular showing or degree of proof at the hearing, the only purpose of
which is to allow the City Manager to present to the Council his grounds of opposition
to removal prior to its action.
2205. REMOVAL AFTER MUNICIPAL ELECTIONS. Notwithstanding any other provision of this
Code, the City Manager shall not be removed from office during or
within a period of ninety (90) days next succeeding any general municipal election
held in said City, at which said election a member of the City Council is elected.
WHEREAS, inasmuch as the last general municipal election was conducted on March 8, 2005,
City Code section 2205 allows the City Manager to be removed from office during or within a period of
ninety (90) days next succeeding March 8, 2005, to wit: June 7, 2005. The Council recognizes that
removal of the City Manager shall be preceded by the Code section 2204 "preliminary resolution," which
shall be adopted at least thirty (30) days before the actual effective date of removal pursuant to Code
section 2205.
WHEREAS, for the following reasons (among others) the City Council does hereby adopt this
Preliminary Resolution and give Notice under the above Code Sections that it intends to remove Martin R.
Cole as City Manager, 90 days from the general municipal election date of March 8th, 2005:
A. A majority of this Council believes that a new and different City Manager would better
serve the City. This majority Council perspective includes a view that there is an
incompatibility in management style between the Council majority and the City Manager,
and/or that changes in constitution of a City Council can and do in and of themselves,
lead to a Council majority decision to employ a City Manager with different perspectives
and style.
B. As a proper showing of respect to the City Manager, the City Council reserves unto itself
the option of stating additional "reasons" for removal, should there be a requirement of
law to do so.
NOW, THEREFORE, THE CITY cbUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RESOLVE,
DETERMINE AND ORDER -AS FOLLOWS:
Resolution No. 05-4330
Page 2
SECTION 1. That Martin R. Cole shall be and he is hereby removed as City Manager of the City
of Temple City effective 90 days from the date of March 8th, 2005 (June 7, 2005).
SECTION 2. Effective April 6, 2005, Martin R. Cole shall be suspended from duty, but shall
continue to be compensated through and including June 6, 2005, pursuant to the provisions of the
November 7, 2000 EMPLOYMENT CONTRACT BETWEEN THE CITY OF TEMPLE CITY AND MARTIN
COLE AS CITY MANAGER.
SECTION 3. Effective June 7, 2005, the City shall implement sections 4(b) and (c) of the above
described Employment Contract, generally providing for a six month severance package and distribution
of unused vacation and sick leave.
SECTION 4. During the period April 6, 2005 through and including June 6, 2005, Mr. Cole shall
maintain himself reasonably available to respond in person, by telephone, fax, email or other methods of
communications as may be determined and communicated to him from time to time by City
representatives. Inasmuch as Mr. Cole remains employed (albeit suspended) as City Manager until the
close of business on June 6, 2005, and shall remain compensated as such, he shall be required to
provide requested input to the City regarding ongoing matters otherwise within the scope of duties of the
City Manager.
SECTION 5. During the period April 6, 2005 through and including the close of business on June
6, 2005, Mr. Cole shall not exercise any powers and/or duties on behalf of the City, unless specifically
directed in writing to do so by City representatives that may be designated from time to time. Such
representatives include, but are not limited to, the City Council, the City Attorney, or an Interim City
Manager.
SECTION 6. The City Clerk shall certify to the adoption of this resolution.
PASSED, ADOPTED AND APPROVED on this 5th day of April, 2005.
MAYOR
ATTEST:
R
City Clerk 6
I hereby certify that the foregoing resolution, Resolution No. 05-4330, was duly passed, approved
and adopted by the City Council of the City of Temple City at a regular meeting held on the 5th day of April,
2005 by the following vote:
AYES: Council mem ber-Gilland ers, Wilson, Capra
NOES: Councilmember-Wong, Arrighi
ABSENT: Councilmember-None
ABSTAIN: Councilmember-None
1C
City Clerk "
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