Divided Council Ousts City Manager

A divided Thousand Oaks City Council has accepted the resignation of City Manager Philip E. Gatch, a 38-year employee who has said he was forced out by a member of the council.

The council’s 3-2 vote Tuesday night came nearly four weeks after controversy surfaced about Gatch’s March 31 resignation letter. He told the mayor and others that the resignation was coerced by Councilman Andy Fox.

Fox and council members Dennis Gillette and Jacqui Irwin voted to accept Gatch’s resignation. Mayor Claudia Bill-de la Pena and Councilman Ed Masry voted against the action.

Fox voted against Gatch’s appointment in July 2003, saying he was looking for someone with more senior management experience.

The matter has been so divisive that the council voted unanimously last week to ask the Ventura County district attorney to investigate the council’s actions and those of senior staff over the last two years to determine whether there have been violations of the state’s open meeting laws. The district attorney has not decided whether to investigate.

Gatch, 64, who receives salary and benefits of more than $215,000, will leave office May 6 and be paid through June 30. In a severance deal approved by the council Tuesday, he also will get a 5% raise and nine months’ pay and benefits.

On Wednesday, Fox declined to discuss Gatch’s resignation. He also voted against giving Gatch the raise and severance.

“This is, and has always been, a personnel matter,” Fox said. “There have already been way too many people talking about this in the press. State law basically forbids any discussion of personnel matters. I’ve honored that, and I’m going to continue to do so.”

Gillette could not be reached for comment, and Gatch did not return several phone calls.

“I am saddened that Phil Gatch was treated the way he was treated. He deserved better in my opinion,” Bill-de la Pena said after the vote. “But I thought he handled a very controversial situation quite well. He endured very difficult circumstances.”

Masry had supported Gatch’s appointment, along with Bill-de la Pena and former Councilman Bob Wilson Sr., and said he will miss Gatch’s leadership.

“The loss of Phil Gatch is a terrible blow to the city. His many years of guidance and work to make sure the city went in the right direction was crucial,” Masry said.

Formerly the city’s community development director, Gatch is considered the chief architect of the town’s principal planning blueprint, its 35-year-old General Plan.

About 20 residents attended the council meeting to urge the council to keep the city’s most tenured employee.

Environmental activist Mary Wiesbrock of Agoura Hills, chairwoman of the group Save Open Space, praised Gatch for crafting standards that restrict building heights, protect views and limit the height and size of signs, which “prevented this area from becoming another San Fernando Valley.”

The deal to end Gatch’s employment contract includes clauses that prohibit him from suing the city later for age discrimination or any other reason. His contract entitled him to 270 days’ advance written notice of being terminated or a lump-sum payment equal to nine months of pay and benefits.

As a government employee for 41 years, Gatch will receive the maximum retirement pay allowed under the California Public Employees’ Retirement System, or nearly $205,000 a year based on his salary.

His severance package includes nine months of pay equal to nearly $158,950, and nine months’ worth of credit toward vacation and sick leave equaling $24,454. Additionally, Gatch can cash in 1,704 hours of unused sick leave and 1,300 hours of vacation time, which together total $306,075.

It also allows Gatch to buy the city-provided 2004 GMC Yukon Denali sports utility vehicle he drives for about $10,000, and the city agrees to pay his attorneys up to $5,000 in fees.

The council voted 3 to 2, with Bill-de la Pena and Masry dissenting, for Assistant City Manager Scott Mitnick to serve as interim city manager until a replacement is selected. The council is expected to decide next month how it will conduct a search for candidates.