And you know better!

The “duly authorized public meeting” was probably met. There was a workshop that day that went into closed session. The workshop is *mostly* available as video online. I say mostly because it ends when they went into closed session, though they must have went back into open session to end the meeting. I thought they would have to do something once the meeting reconvened to fire him, but I may be off.

I also saw that they could have suspended Bauer at a much lower threshold (e.g. neglect of duty or incompetence) than for termination without severance. If this was a long-term issue, that may have been a method to correct his behavior as well as foreshadow it for the public.

I’ve gotten Bauer’s employment contract from the City Clerk’s office.

Some quick notes:

– There is no defined end. It became effective May 1, 2006.

– The terms of termination are interesting:

A. For the purpose of this agreement, termination shall occur when:

1. The majority of the governing body votes to terminate the Employee at a duly authorized public meeting.

2. If the Employer, citizens or legislature acts to amend any provisions of the Section 4 of the Jacksonville City charter and by Part 2, Chapter 160A-148 of the General Statutes of North Carolina pertaining to the role, powers, duties, authority, responsibilities of the Employee’s position that substantially changes the form of government, the Employee shall have the right to declare that such amendments constitute termination.

3. If the Employer reduces the basic salary, compensation or any other financial benefit of the Employee, unless it is applied in no greater percentage than the average reduction of all department heads, such action shall constitute a breach of this agreement and will be regarded as a termination.

4. If the Employee resigns following an offer to accept resignation, whether formal or informal, by the Employer as representative of the majority of the governing body that the Employer resign, then the Employee may declare a termination as of the date of the suggestion.

5. Breach of contract declared by either party with a thirty (30) day cure period for either Employee or Employer. Written notice of a breach of contract shall be provided in accordance with the provisions of Section 20.

Does a closed session constitute a “duly authorized public meeting”?

– The City isn’t required to pay the severance package if termination is due to “willful or gross negligence, dishonesty, unethical conduct, or for the conviction of any illegal act related to the duties of his office…”

– The $500 car subsidy was in place of a government-owned car. I would imagine a City Manager might need to drive all over the city, so giving Bauer a stipend to require him using his own vehicle would keep the “wear-and-tear” costs off of the tax-payer’s bills. Sounds like a winner of an idea to me.

All-in-all, it seemed like a fair contract to all parties…

That is an interesting comparison and quite accurate, too. Not to mention that there will ne an added expense for hiring a “head-hunter” to recruit and filter a new manager.

I’ve requested information from the City Clerk’s office regarding Bauer’s contract and will pass on what I find.

In case you haven’t heard, there’s a delay in releasing the records on Bauer’s dismissal. City Attorney John Carter is concerned that there are liabilities to the City with the release Bauer sent.

You had mentioned that you requested Bauer’s released information. Do you happen to already have a copy of his contract? Should have already been public record. I was wondering what the terms were, specifically when the contract would end.