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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 " 1 1 1