Taft investigating city manager actions
| Monday, Sep 14 2009 05:45 PM
Last Updated Monday, Sep 14 2009 05:47 PM
A private attorney is investigating whether Taft City Manager Robert Gorson has been violating the law by approving contracts and pay raises for staff without council approval.
The council must approve all such employee contracts, according to an opinion written by Taft City Attorney Ed Gordon of the Gibson & Gibson firm and obtained by The Californian.
Gorson disputes the opinion, hotly asserting his authority to act without council support on employee matters.
Despite Gordon's opinion and a clarifying e-mail exchange in January 2008, Gorson has continued to approve contracts without council vote -- handing out eight new contracts or raises between February 2008 and April 2009.
In an Aug. 14, 2009, e-mail to fellow firm lawyer Kathy Gibson, Gordon expresses shock at Gorson's actions.
"Since compensation requires a resolution, and contracts without the Mayor's signature are void/invalid, we may have some issues," it states.
Gorson, reached on vacation in Lake Tahoe Monday, said the claims he has violated the law are untrue and that a 1996 city ordinance gives him the right to sign the contracts without council approval.
The Taft City Council has hired attorney Michael Jenkins to provide a "second opinion."
"That's the question I've been asked to look at," Jenkins said Monday. "I can't give you an answer yet."
He said his report would be ready Sept. 30.
"The city council is familiar with the opinion of the city attorney," Jenkins said. The council "has engaged me for the purpose of taking a look at that and providing a second opinion."
It's unclear what impact the investigation will have on the contracts in question.
City Councilman Cliff Thompson -- known for his fire-brand verbiage and penchant for being in the middle of the city's periodic political dust-ups -- said he has confidence in Jenkins' abilities and believes he will come back with an accurate report.
"It involves a lot of money -- hundreds of thousands of dollars -- and the city manager has to be held accountable for that," Thompson said.
Thompson said the 1996 ordinance Gorson quotes in his defense "allows the city manager to sign after the resolution of the council."
"At this point we have concern. We need a third-party opinion when (we) have a dispute like this," said Councilman Paul Linder.
He said Jenkins is also looking into the propriety of a business relationship between Thompson and Gorson.
"It was a joint venture with his wife," Thompson said. "We did some real estate together down in Ford City - outside the city of Taft. It's completely separate from this."
Linder said such controversies take away from all the good work being done in Taft.
"We've got so many good things going on out here. We just hate to see things like this detract from that," he said. "But we're doing our due diligence."
According to e-mails obtained by The Californian, Gordon informed Gorson in January 2008 that he did not have the power to hire city employees and offer them raises without a supporting resolution of the Taft City Council.
An earlier memorandum from Gordon states that contracts Gorson signed with Public Works Director Marty Jones and (former) Redevelopment Director Ken Hubler "have technically been entered into in excess of the City Manager's authority to do so."
Gorson responded with an e-mail to Gordon.
"Are you telling me that I cannot negotiate with my key executive staff member...," he wrote -- referring to a contract with Planning Director Lawrence Tomasello.
"Bob - negotiation is fine, so long as everything is ultimately approved by council resolution per City Code section 1-7-4," Gordon wrote back.
Taft Municipal Code section 1-7-4 reads, "all other city employees shall be paid such compensation as may hereafter be fixed by resolution of the council."
Gordon also notes his position is supported by California Government Code.
Since Gordon's opinion was filed, Gorson has signed eight contracts or amendments with six top employees -- Hubler, Jones, Finance Director Teresa Statler, City Clerk Louise Hudgens, Redevelopment Agency Manager Paul Gorte and Chief of Police Ken McMinn.
The contracts have a monthly base salary of up to $9,442. Raises handed out by Gorson include increases of up to 6 percent.
