Everyone is in the polling business. We see polling results almost every night in which voters are asked to evaluate elected officials or their policies. Some people are very good at reading tea leaves. I think John Zogby is one of the best at his craft.
A clue for Mission Viejo voters, on the night before our Feb 2nd recall election, is provided by our city manager who has requested an Amendment to his Contract which is normally reviewed in the summer.
Is Dennis Wilberg conceding the recall of Mayor Lance MacLean which may result in his inability to count to three?
Dan Joseph, his predecessor, educated us several years ago on that term which I will never forget. When you have a city council composed of five members, all the City Manager needs to concern himself with regarding job security, is having three members in your camp.
The following story was just published at the Mission Viejo Dispatch. I will share the entire text and leave the link below. As I am so close to this recall election I will let this story speak for itself without editorial comments from me in the initial posting.
City Manager & His Attorney Want To Redefine ‘Misconduct’
by MissionViejoDispatch.com on January 30, 2010
“In a surprise move, City Manager Dennis Wilberg and his attorney are asking for immediate amendments to Wilberg’s employment agreement. The item shows up on the ‘consent’ portion of next Monday’s public session agenda, where it is batched with six other items for summary approval in a single council vote, without discussion.
The item is raising eyebrows because Wilberg is precipitously requesting action on the eve of next Tuesday’s recall election. Some observers speculate Wilberg is concerned about the possibility a more fiscally conservative council might be less generous if MacLean is recalled.
Wilberg wants to rewrite his clause on misconduct, which is now defined in his contract as “dishonesty, fraud, self-dealing or willful misconduct.” His attorney wants all of those eliminated, so that misconduct is redefined to include only misappropriation of funds or conviction of a felony (involving “moral turpitude”). The matter could have significant cost implications to taxpayers, because Wilberg is entitled to nine-months’ severance pay if released for reasons other than misconduct.
Wilberg and his attorney also want to make severance payable as a lump sum, instead of a monthly distribution. In addition they seek to add health benefits to the nine months’ parachute package and provide that attorney fees be paid to the prevailing party in any arbitration or litigation. An attorneys’ fee provision could be a disadvantage to taxpayers, because it might be easier for Wilberg to retain an expensive law firm on contingency, making a lawsuit against the City more likely.
Normally contract revisions follow a series of closed sessions for personnel evaluation, but none has occurred. Wilberg’s master contract, executed March 1, 2004, requires that Wilberg issue a memo on May 1 of each year commencing an annual evaluation and allows until June 30 for the council to complete the process. For unknown reasons, Wilberg failed to initiate and undergo an evaluation last year.
An agenda provided to council members Wednesday did not include any evaluation in conjunction with Wilberg’s employment amendments, but on Thursday it was belatedly added to the closed agenda.
Wilberg is currently paid $197,716 annually plus a health and benefit package. His initial contract in 2004 was for a salary of $136,859. Additional benefits added since 2004 include a $550 monthly auto allowance and $600 monthly “for the purchase of CAlPERS Additional Retirement Service Credit.”
The proposed amendments would be a gift to Wilberg at taxpayers’ expense, so the outcome may turn on whether the Council majority’s personal relationship with Wilberg eclipses business judgment.
Gilbert note: Special thanks to the Dispatch for this report.
www.missionviejodispatch.com
Thanks for the heads up Larry! Sounds to me like Dennis, one of the best city managers in the entire Southern California area is doing what he does best, be smart. Hopefully the details of his contract will never need to be tested, as your pathetic recall efforts are likely to fail. What will this be Larry? Third strike and you’re out?
John Holmes.
Dennis does best—be smart. Perhaps.
What is your thoughts about his throwing Lance under the bus at the last minute?
It’s all about me, forget you.
He wants a lump sum severance payout if he is terminated? I thought we had millions of dollars in the bank. Is that information inaccurate?
Our City Manager wants to remove causes of action NOW. Is he guilty of any crime? If not, why change the definition that has been in force since his original Contract?
This is to be the 6th Amendment . What has changed to warrant this request?
Mr. know it all we can’t wait for your explanation.
The time for negotiation is prior to entering in to the agreement. A re-negotiation should at minimum include some consession on the part of the city manager. May I ask what he has offered to forego in exchange for this benefit?
If the answer is nothing, a renegotiation at this point would be completely improper.
Shawn. Thanks for taking the time to add your thoughts.
I love it. The city manager meets with his attorney, a former councilman from Laguna Hills, and drafts an Amendment to his Contract that has been in effect for over five years.
I was surprised that it was added as a “routine” Consent Calendar item on Thur and a later version of Monday’s Agenda has his performance review on Closed Session added on Friday. Why now? What is the urgency?
Talk about “fast track”. And to think that our council majority who opposes the recall will probably give him everything he is asking for amazes me.
Hopefully they will ignore the recall election, which surely triggered this last minute Amendment request, and do what is in the best interest of the city, not their personal agendas.
Is Dennis Wilberg anticipating being terminated on Wed if the recall passes on Tue?
This is a smart move on the par ofthe city manager. A person in his position stuck in the middle of a toxic political envrionment needs to make sure he’s protected from the pitchfork and torch crowd. Who knows what kind of imbeciles they’ll sweep into office this election season? This has ramifications beyond your little bubble because the word is out: Mission Viejo is a toxic city and you won’t be able to attract qualified people to that job. Just ask Dan Joseph about all whiners and malcontents he had to deal with. He laughed all the way to the bank with his severance package.
Boss Lady.
What surprises me is that the City Manager has signed five previous Employment Contracts and now wants to remove existing definition of “misconduct” words of “dishonesty, fraud and self dealing.” City Manager Dennis Wilberg. Can you tell us why you want these conditions removed? Have you engaged in any misconduct that could jeopardize your nine month severance package if removed from office?
Let us see—would Dennis be called duplicitous ???
Yes I think so !!!
Dennis does not live in Mission Viejo !!! Seldom is seen out into the community, and does not hold Keith Rattay accountable for his extortionist actions with the business community–ref. so called art work.
The toxic people in our community are the old regime, and their blind supporters who hold open government in disdain !!
Mr. Polk and Juice readers.
I have just received two exchanges from councilman Frank Ury who is not happy with this post. My last response closed with the following challenge:
“We look forward to the outcome of your Closed Session Contract negotiation skills with Dennis.”
Apparently he was not a happy camper after I shared a comment from the mayor of another OC City who just happens to be an attorney.
Thanks to all of our readers who take the time to add your opinions and research.
I’ sorry but I believe that in your haste your journalistic skills might have “accidently” eliminated my answers to the questions that you asked. I wish this were the first time that I experienced your editorial slip ups. Is this blog simmply your personal venting arena and not a forum for open dialog? Just in case you would like to correct your elimination of dissenting opinions here is my previous response.
I didnt see anything in your journalistic masterpiece to indicate where Dennis was throwing Lance under the bus. Maybe you can clarify that for me as I am not a journalist, just a simple astronaut. The truth of the matter is the volume of political trash that you and your lacky’s have generated has caused a genuine concern in our City that our future might get hijacked. I actually doubt it but my future doesnt hang in the balance. Should your pawn and criminal dolt Mr. Tyler actually succeed in reaching your unattainable goal of being elected there is a chance that he will follow your instructions and vote with Mr Ledesma and Cathy (I’m forever confused Schlict)to fire the City Manager. The circumstances to warrant his request likely reside in the manner by which your recall cronies conduct themselves. Telling lies, using half truths, spin mis-information on top of mis-information, the most simple laws (Labor/payroll,DMV,taxes,etc.,)dont apply to your group. How can you expect anyone to rely on that type of performance to provide a definition as to what misconduct is ? How is that for an explaination? I’m just really thankful that the best you can muster and actually control is Cathy Schlict and Dale Tyler….We certainly have that in our favor. “Got License?”
Mr. Holmes or whomever you are.
We have some very basic rules on this blog.
1. No personal attacks or swearing.
2. Stay on the “thread”—you know–the topic of the post, not other issues that are addressed elsewhere or might be pending as we conduct our own discovery.
3. No SPAM. Multiple submission of the same argument however formattedYou are violating number 2 and are close to violating #3. This is a forum of debate but make a valid point that is on the text and it will be posted.
Beating up on the messenger is not a good thing.
Thank you Larry,
your more of a journalist than expected.