With a settlement of $370,000, approved in closed session on a
6-1 vote by City Council members last week, the long, costly saga
of the firing of former building official Rex Wyatt has come to a
close.
With a settlement of $370,000, approved in closed session on a 6-1 vote by City Council members last week, the long, costly saga of the firing of former building official Rex Wyatt has come to a close.
Despite comments from Community Development Director Wendie Rooney, Wyatt’s one-time department boss, that a resolution would be “a positive on all sides,” the truth is there’s a big loser: Gilroy taxpayers.
Rooney fired Wyatt in 2003 after one of his subordinates lodged a sexual harassment complaint following a negative performance review. Rooney’s letter of dismissal, following an investigation of the charges, said the firing was “based on the investigative findings that you made inappropriate sexually suggestive comments and improperly disclosed personal information to a subordinate, initiated unwelcome invitations to subordinate co-workers to meet for drinks and established and maintained an intimidating work environment toward subordinate co-workers. Additionally … it is determined that you were not credible, or in the alternative, less than forthcoming during the investigative interview process.”
The firing was upheld by the Gilroy Personnel Commission, City Administrator Jay Baksa and City Council. It passed muster through three city management levels and a review by elected officials – presumably all competent evaluators.
So why are Gilroy taxpayers being stuck with a $370,000 bill? That’s an awful lot of sidewalk repairs, a significant sum for downtown improvements and a good fund for parks or recreation programs. Is the city so flush with cash that taking the easy way out and “making this go away” is routine?
When Wyatt sued, a judge found that the city had not proved by “the weight of the evidence” that the firing was justified. The judge ordered the city to rehire Wyatt, pay his back wages and remove any mention of the charges from his personnel file.
Who’s accountable for that? The judge’s direction must have had merit. If not, why did the city choose settlement talks instead of going to trial?
If the city properly fired Wyatt, why couldn’t the city’s expensive attorneys make the case in court? Too much work? Or did the city improperly fire Wyatt and four layers of reviews failed to deal with reality? Either way, residents should be incensed.
That it’s a “personnel issue” should not prevent a reasonable explanation to the residents.
When Mayor Al Pinheiro announced the closed session decision to settle the case for $370,000, he said, “… the City Council must continuously evaluate and attempt to do what is best for the city.”
Too often “the city” is the one behind the walls at City Hall, not the real “city,” the residents. It’s a wonder that this course of action doesn’t gnaw at anyone’s conscience.
