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12-Requesting the resignation of the City Manager CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 11/03/10 Council Date: City Council Mayor Biard 12. 12/20/10 RECOMMENDED MOTION: Deliberate and act on a Resolution requesting the resignation of the City Manager, or in the alternative, suspending and proposing the removal of Kevin Carruth from his position as City Manager and designating a qualified person to serve in the capacity of Interim City Manager. POLICY ISSUE(S): Personnel BACKGROUND: At the City Council meeting of October 25, 2010, the majority of the City Council directed city staff to prepare a resolution suspending and proposing the removal of Kevin Carruth as City Manager pursuant to Section 22 of the Charter of the City of Paris. At the City Council meeting of November 8, 2010, the City Council authorized the Mayor and the City Attorney to engage outside counsel to negotiate with Mr. Carruth and his attorney. This item is needed only in absence of an agreement. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Resolution ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ® Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance YTD Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: ® Administration ® City Clerk ❑ EMS/IT ❑ Engineering, Planning, & Community Development ❑ Finance ❑ Fire ❑ Municipal Court ® Legal ❑ Library ❑ Police ❑ Utilities City of Paris Revised 2/04/08 89 DRAFT RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, REQUESTING THE RESIGNATION OF THE CITY MANAGER, OR IN THE ALTERNATIVE, SUSPENDING AND PROPOSING THE REMOVAL OF KEVIN CARRUTH FROM HIS POSITION AS CITY MANAGER AND TERMINATING HIS EMPLOYMENT AGREEMENT WITH THE CITY OF PARIS, TEXAS; DESIGNATING A QUALIFIED PERSON TO SERVE IN THE CAPACITY OF INTERIM CITY MANAGER; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a majority of the total membership of the City Council of the City of Paris has expressed their dissatisfaction with the performance of Kevin Carruth as City Manager for the City of Paris, Texas and has requested Mr. Carruth to resign his position as City Manager; and WHEREAS, Mr. Carruth has declined to resign his position as City Manager. WHEREAS, in accordance with Section 22 of the City Charter of the City of Paris, Texas, the City Council hereby suspends and proposes the removal of Kevin Carruth from the position of City Manager of the City of Paris for the reasons provided herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That Kevin Carruth is hereby suspended from his position as City Manager for the City of Paris and his removal for cause is proposed for his failure to comply with contractual obligations set out in his Employment Agreement, deficient performance and failure to comply with City policies and procedures. Section 3. That in accordance with Section 22 of the City Charter, a copy of this Resolution shall be served immediately upon Kevin Carruth, and he shall have fifteen (15) days in which to reply in writing, and upon request, shall be afforded a public hearing, which shall occur no earlier than 10 days nor later than 15 days after such hearing is requested. Section 4. That Kevin Carruth shall continue to receive his full salary and benefits until the effective date of a final resolution of removal. Section 5. That during the suspension of the City Manager, the City Council hereby designates to serve as Interim City Manager with the accompanying authority and duties of office. 90 Section 6. That this resolution shall be effective immediately upon passage. PASSED AND APPROVED this 20th day of December, 2010. Will Biard, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney 91