Turlock

Turlock reaches settlement agreement with city manager after months-long leave

The Turlock City Council approved a separation settlement agreement with City Manager Toby Wells on Tuesday, May 25, 2021. The council hired Wells in March 2020 and put him on investigatory leave in January.
The Turlock City Council approved a separation settlement agreement with City Manager Toby Wells on Tuesday, May 25, 2021. The council hired Wells in March 2020 and put him on investigatory leave in January.

The Turlock City Council approved a settlement agreement for City Manager Toby Wells on Tuesday, ending his employment four months after putting him on investigatory leave.

Interim City Attorney George Petrulakis announced the 3-2 vote related to the city’s separation with Wells at the end of a closed session meeting.

Council Members Nicole Larson and Andrew Nosrati cast the dissenting votes, Petrulakis said. Both voted against putting Wells on investigatory leave on Jan. 7. Since then, city officials have declined to answer questions on the leave, calling it a personnel matter.

In a texted statement, Wells said the mutually-agreed upon separation agreement ends his employment with the city.

“I am very proud of the accomplishments of our team at the City of Turlock in the midst of budget constraints, staffing shortages and a global pandemic,” Wells said in the text. “The passage of Measure A and several new developments will continue make Turlock a great place to live and do business.”

Petrulakis declined to answer questions about the settlement, citing confidentiality provisions in the agreement about its details. If the council fired Wells without cause, his contract said the the city must pay him eight months of severance: roughly $147,000.

The contract also required Wells receive full pay and benefits while on investigatory leave. Petrulakis confirmed the city honored this provision and paid Wells during the leave. With a $220,000 annual salary, Wells made an estimated $83,000 in the past nearly 20 weeks.

Since the council appointed Gary Hampton as acting city manager on Jan. 12, Turlock has paid him to do Wells’ job at $94 per hour, according to Hampton’s employment agreement.

“When it’s all said and done, this action will have cost the taxpayer hundreds of thousands of dollars, further destabilized our city and wasted precious time,” Nosrati said in a text to The Bee. “There are huge issues that need our resources and attention. I’m saddened that we are allowing personal politics to interfere with the best interest of our community.”

The council hired Wells in March 2020 by a 4-1 vote, with Mayor Amy Bublak dissenting. At the time, the majority said the council needed to select an experienced candidate who can bring stability to the city. Bublak later argued with Wells in several public meetings.

Council Members Pam Franco and Rebecka Monez, elected in November, joined Bublak in both putting Wells on investigatory leave and approving a settlement agreement. The Bee on Wednesday filed a California Public Records Act request with the city for a copy of the agreement.

Turlock continues turnover

When hired, Wells was the sixth person to serve as Turlock’s city manager on either a permanent or interim basis since 2015. Hampton previously served as city manager from April 2016 to July 2017 and left six weeks before his planned retirement. He similarly reached a $39,000 settlement with the city in 2018 after claiming former officials bullied him into an early retirement.

Hampton is set to leave the temporary job on Thursday because he will reach his maximum hours for the fiscal year working as a retiree of the California Public Employees’ Retirement System. CalPERS prevents retired annuitants from working more than 960 hours per fiscal year for government agencies participating in it such as Turlock.

The council last week unanimously appointed current Human Resources Manager Sarah Eddy as the next acting city manager. Eddy, a city employee of 32 years, said she will most likely begin working the position Friday.

This story was originally published May 26, 2021 at 12:51 PM.

Kristin Lam
The Modesto Bee
Kristin Lam is an accountability reporter for The Modesto Bee covering Turlock and Ceres. She previously worked for USA TODAY as a breaking news reporter and graduated with a journalism degree from San Jose State.
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