Notes: City manager meeting

June 11 City Council Special Meeting:

City Manager Tom Bonfield didn’t say a word.
But the city council and mayor sure did.

They talked about learning—from the media—that Bonfield plans to leave for the same post in Durham, N.C.

Council members also said they haven’t received Bonfield’s resignation, despite Durham city officials’ public comments that he’s their guy. Some council members said without the formal resignation letter, it is premature to discuss an interim city manager, the timing of the process, and related matters.
All members were present at the 40-minute-long special meeting, which was requested by three council members.

Mayor John Fogg said he couldn’t recall that happening in his 20 years with the city.
The mayor first asked the council members who asked for the meeting—Marty Donovan, Sam Hall and John Jerralds—to explain why.
All three said they learned of Bonfield’s new job from media outlets.
Hall said he had hoped to receive a phone call about the matter.
“Never did.”
Then, Hall hoped to get an e-mail, he said.
“Never did.”
But then, a June 5 memo was distributed.
Jerralds said he learned about Bonfield when he got phone calls from reporters in North Carolina.
“It put me in an awkward position, saying what I don’t know and of what I’m not sure,” Jerralds said, adding he received the memo after the fact.
The councilman said the reporters knew more about what was going on than he did.
And speaking of the media, Fogg said the council members seemed to most have an issue with the methodology.
“Let me assume full responsibility for how that unfolded.”
Fogg said he got a call from a North Carolina reporter as he was on the road for a meeting in Tallahassee.
The mayor said the reporter misled him by talking as if the appointment was common knowledge in Durham at the time, which Fogg said it wasn’t, to get the mayor to speak freely—which he did—about Bonfield’s positive attributes and what he will bring to the city.
Fogg said the reporter then quickly posted the story on the newspaper’s blog.
Otherwise, Bonfield “would have had a communication plan in place.
“So if you want to be mad at somebody, be mad at me.”
Fogg said he did know Bonfield had been negotiating with Durham city officials.
A city council member indicated the city manager’s five-year contract in Durham will pay him $178,000 a year.
A June 11 memo by Bonfield to the city council and mayor states, in part:
“In anticipation of discussion by the Mayor and City Council at today’s special City Council meeting…I am taking this opportunity to update you on the status of my negotiations with the City of Durham, North Carolina.
“At this time, the employment contract negotiations with Durham are nearing completion, but because of scheduling and notice requirements there, the Durham City Council is not able to formally consider the agreement until Monday, June 16, 2008.
“Assuming the Durham City Council ratifies the agreement, it is my intention to then submit a formal letter of resignation…with my last day of employment on July 31, 2008…I would have no expectation under my employment contract to any severance pay other than the accumulated unused leave (PTO), which my contract provides.”
Back to the mayor, he then said he would like to add an agenda item to Monday’s committee meetings to discuss an interim city manager, “if that’s the action the council chooses to take.”
Councilman Mike Wiggins said the agenda is already packed, and he would like another special meeting to discuss the matter.
Other council members concurred.
Jerralds said they should begin to get people and actions in place now.
“We are not even in receipt of a resignation,” Councilman Jack Nobles said, adding that is necessary before they proceed.
Councilman Mike DeSorbo questioned if Sunshine Laws were violated by the way the special meeting was requested.
City Attorney John Fleming said that does not apply when one member sends a notice to the rest of the council, without further communication.
Fleming also said the three council members contacted the city clerk, who scheduled and properly noticed the meeting.
Several council members said they want to be a part of the proceedings, but they have already made out of town and other commitments based upon the previous meeting schedule for the summer.
Councilwoman Jewel Cannada-Wynn said she wants a special City Council meeting within two weeks to discuss matters including whether Bonfield is responsible for recommending a new city manager, a time frame, and how Bonfield’s leaving will affect the Charter Review Commission.
People here may not have appreciated Bonfield, Cannada-Wynn added, “But Durham is getting ready to appreciate him very, very much.”
Bonfield’s June 11 memo shows he is not in a big rush.
“As indicated in my memorandum of June 5th, there are several important matters that I believe would benefit from my participation during this time, not to mention an orderly transfer of information to the designated interim city manager as well as the newly appointed city attorney,” the memo reads.
Fogg said they’ll schedule another special meeting for as soon as they can, but not on a Monday.
Councilman Ronald Townsend said the city can terminate the city manager and the city manager can resign.
“There’s been no mention of what you just discussed, Mr. Townsend,” Fogg said.
Donovan read commented on a story audio link the Greensboro, N.C., News and Observer newspaper posted about Bonfield, first at 2:03 p.m. June 3.
“This is obviously a great career move and that’s great,” Donovan said. “But we’re the city council of the City of Pensacola.”
The councilman also said he first requested the special meeting via e-mail the night he read the newspaper’s coverage of Bonfield.
Donovan suggested they discuss the matter right then, “in light of the reality we’re faced with.
“Why do we have to schedule another special meeting when we’re already here to discuss it?”
Wiggins noted any negotiation can always fall apart.
“Tom Bonfield is still my city manager. He hasn’t quit yet. His negotiations aren’t complete yet,” Wiggins said.
Cannada-Wynn said she wants information from Bonfield on June 16, when Bonfield says the Durham City Council can formally approve the agreement. “I do not want us to be in limbo on this issue,” Cannada-Wynn said.
“We’re a council that likes to do things by procedure,” Nobles said. “Durham has to ratify the contract. He’s got a home here as long as he wants it.”
Jerralds asked about how much time the council will need after Durham finalizes the appointment. “This has been going on (for) much longer than we know,” Jerralds said.
The councilman added that he does not want to establish a plan and then deviate from it.
“I kind of hate to see (Bonfield) sit through this process today,” DeSorbo said. “It’s not comfortable for anybody.”
Hall said he wouldn’t comment on Nobles saying the council likes to do things by procedure. “I’ll just leave that one alone.”
Hall asked about the possibility of a voluntary resignation resulting in a lawsuit and the award of a severance package.
Fleming said he sees no viable lawsuit resulting in a severance package.
Hall suggested the council get ahead of the curve and start looking at who the interim city manager will be.
As Fogg was about to adjourn the meeting, Cannada-Wynn said she wanted to address negative comments that had been made about the city.
“We have a lot of great things going for us,” the councilwoman said, adding that the city is on the verge of a rebirth.
“So Pensacola is not going down the tubes.”