HARLINGEN — Four days after hiring him, city commissioners are planning to sign City Manager Gabriel Gonzalez to a two-year contract paying an annual salary of $225,000.
The proposed contract, which could be extended for an additional two years, would open with a probationary period ending Dec. 30 during which commissioners could fire the city manager without paying severance.
The contract, which would call on commissioners to conduct annual written job performance evaluations, would require the city pay nine months’ worth of severance based on the city manager’s annual salary if commissioners vote to fire for good cause.
On Wednesday, Gonzalez, who was drawing an annual salary of $165,000 as assistant city manager, declined comment because commissioners hadn’t approved the contract.
The contract appears more standardized than former City Manager’s Dan Serna’s agreement.
For nearly six years, Serna, whom the commission’s new majority fired two weeks ago, worked under an open-ended contract which didn’t call for annual written job evaluations while requiring four commissioners’ votes with the mayor’s consent to fire him for good cause.
In August, commissioners deleted that clause from the contract.
Annual written job evaluations
Under the newly proposed contract drafted by new City Attorney Mark Sossi, commissioners would conduct annual job evaluations while working with the city manager to set goals and objectives.
The proposed contract calls on commissioners “to perform an objective appraisal of the city manager’s performance, to provide the city manager with the expectations of the city commission (and) to objectively document … the city managers performance.”
“The city manager shall (provide) the city commission with a summary of the goals and objectives for the city of Harlingen as set forth in the prior fiscal year budget document, prior yearly review and such other goals and objectives as adopted by the city commission beyond the budget process,” the proposed contract states.
“The review shall be based on a combination of the responsibilities outlined in the (City) Charter, ordinances, Harlingen policies and or goals and objectives established by the city commission.”
Termination for good cause
Under the newly proposed contract, commissioners could fire the city manager for good cause for “any willful, knowing, grossly negligent breach, disregard, or habitual neglect” of the agreement or city “duty or obligation.”
The contract would also allow commissioners to fire the city manager upon conviction of “a felony, crime of moral turpitude or Class A misdemeanor, driving while intoxicated, use of illegal drugs or controlled substances, conviction of any crime involving an abuse of office” or “grossly negligent misapplication or misuse direct or indirect … of public or other funds or real property.”
Under Serna’s contract, good cause was solely defined as the “violation of any criminal law of a Class B or above.”
Severance pay, car allowance
Under the newly proposed contract, commissioners’ firing of the city manager for good cause would require the city to pay nine months’ worth of severance pay based on the annual salary, accrued vacation and sick leave along with up to nine months’ worth of health insurance benefits.
Like Serna’s contract, the new agreement would pay Gonzalez a $750 monthly car allowance.
Responding to commissioners’ concerns
The newly proposed contract would also allow commissioners to fire the city manager for failing to respond to their concerns.
“The commission, individually and collectively, shall refer in a timely manner to the city manager for study and/or appropriate action all substantive criticisms, complaints and suggestions called to the commission’s attention and the city manager shall promptly refer the matter(s) to the appropriate city staff for investigation and response or shall investigate such matter(s) and inform the commission of the results of such efforts as those results become available,” the contract states.
On Sept. 28, the commission’s new majority fired Serna after Mayor Pro Tem Richard Uribe accused him of failing to act on a list of concerns, which the former city manager addressed during the meeting.
In accordance with Serna’s contract, the city’s paying him a year’s worth of severance pay based on his annual salary of $260,000.
