It was like a one punch prize fight, and the city got a TKO before we got comfortable in our seats.
Today the City Council voted unanimously to reinstate the original Severance Agreement with former City Manager Rick Menchaca. See today's news here, here , here, and here.
To many of us it seemed that Mr. Menchaca was asking for the sun, the moon, and the stars with his demands for severance pay. But apparently Mr. Menchaca convinced the City Council that he would sue and win if his demands for sums over and above the amounts agreed to in his Employment Agreement weren't met.
Let's look at Mr. Menchaca's Employment Agreement dated January 25, 2000, (found at Stephanie Sparkman's site). It says this:
Termination and Severance Pay - A. In the event of an involuntary separation, Rick Menchaca shall be entitled to a lump sum payment equal to twelve (12) months of his salary.
[B. and C. pertain to definitions and notices.]
D. In the event of involuntary separation, Rick Menchaca shall be entitled to receive payment for all accrued vacation, and sick leave time. Rick Menchaca shall be entitled to maintain his health insurance for two years from the date of involuntary separation if Rick Menchaca continues to pay the active employee rate.
So the City Council has determined that the almost $500,000 settlement will encompass the things required in the Employment Agreement. However, there is nothing in the Employment Agreement requiring the city to pay his moving expenses, which they agreed to do in the Severance Agreement. By the way, that sum for moving expenses is his to keep whether he moves or not, so maybe we will have him around for awhile tossing out press releases.
Additionally, there's nothing in the Employment Agreement regarding Mr. Menchaca's attorney's fees. However, the Severance Agreement pays her $20,000.
But the kicker in the Severance Agreement is this:
6. City agrees to furnish Menchaca a letter of reference.
I would like to make a modest proposal that this letter of reference contain the "no confidence" letter the Midland Police Department Command Staff sent to the City Council about Mr. Menchaca. Or in the alternative, the city could hold a contest for citizens to write the most appropriate letter of reference. Prize to be negotiated.
And what should Mr. Menchaca do with the moving allowance? Well, he's got money, and he's got bluffing skills. Where better to put that combination to work than Las Vegas. What happens there stays there.
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