Attorney sides with Taft city manager in pay dispute
| Thursday, Oct 01 2009 05:23 PM
Last Updated Thursday, Oct 01 2009 05:23 PM
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A new legal opinion apparently clears Taft City Manager Robert Gorson of charges he repeatedly overstepped his authority by handing out raises and contracts to top city employees without City Council approval.
"It sure cleared me of any wrongdoing," Gorson said Thursday. "As far as I'm concerned, what I want to focus on is the city council's grand vision (for Taft)."
But complications linger.
Councilman Craig Noble would like the issue referred to the California Attorney General's office.
And Taft's official city lawyers, with the Gibson & Gibson law firm, have expressed concern that allowing Gorson to approve top city contracts in private may not be wise.
In the 5 1/2- page opinion, attorney Michael Jenkins asserted "the contracts were a valid exercise of the City Manager's authority...."
Taft municipal code dictates, Jenkins wrote, that the city manager has the responsibility to negotiate and sign contracts with city employees. But he noted it's not unlimited authority.
City and state codes require the compensation of top officers be set by council resolution, he wrote. Meeting that requirement could be accomplished simply by passing the city's annual budget.
Documents obtained by The Californian show Taft city attorney Ed Gordon informed Gorson in January 2008 that the Taft City Council must approve each employee contract in a separate action during a public meeting.
But Gorson continued to approve new contracts and raises without council approval.
Jenkins doesn't believe the council needs to bless individual contracts, as Gordon recommended. By passing an annual budget, he wrote, "the council is, in effect, fixing compensation by establishing specific line items for personnel costs."
Kathy Gibson of Gibson & Gibson declined to debate Jenkins but said approving pay for top city employees through a budget resolution "doesn't make it a transparent transaction for the public."
Council members may change the practice of allowing the city manager to approve top contracts independently, she said.
"I do believe that the Legislature intended for employees' salaries to be discussed in open and public meetings," Gibson said.
Jenkins said Thursday his interpretation of the Taft city manager's authority could result in Gorson offering jobs and increased compensation for top city employees without the input or knowledge of the council or the public.
He said management approval of contracts and raises "is an ordinary part of running a business."
Councilman Noble said the contracts should be approved by the council publicly: "If you're having to hide something, then you know you're doing something wrong."
Noble supports forwarding the debate to the California Attorney General's office but it would require council approval.
Councilman Cliff Thompson said he doesn't believe the situation is over either.
"I believe the opinion of our city attorney is stronger than Mr. Jenkins' opinion," he said.
