Mayor Joyce Overton dropped a bombshell, Wednesday, Nov. 15 announcing the termination of Clearlake City Administrator Kathy Kivley was well as Interim Community Development Director Angela Basch.
Interim Financial Director Michael Vivrette has been appointed as interim city administrator until Robert Van Nort returns to the position on Dec. 4. Van Nort had served the city in the same capacity prior to the hiring of Kivley.
The decisions were made in closed session with Overton joined in her vote for termination of both employees by council members Peggy Smith and Bob Malley. Vice Mayor Judy Thein and council member Curt Giambruno voted in opposition of the terminations.
“This is a very sad day in the City of Clearlake, especially in the way it was handled,” Giambruno said immediately following adjournment of Wednesday”s special meeting.
Thein and Giambruno later concurred that they could not, in good conscience, vote for termination due to lack of information. “We were given a lot of allegations, however no substantial information was provided. We morally believe that due process should be afforded to any individual.” Thein and Giambruno continued, “There were allegations thrown out that we didn”t believe and couldn”t be proven to us and until those allegations are proven, we couldn”t justify voting for Kathy”s dismissal.”
There had been indication early last week that a decision regarding the employment of Kivley was pending. On Monday, Nov. 13 a notification of a special meeting was received at 4:50 p.m. at the Clear Lake ObserverHAmerican newsroom. The notice, which according to Deputy City Clerk Melissa Swanson was authorized by Mayor Overton, called for a special meeting to be held at 6:30 p.m. the following evening, Tuesday, Nov. 14. The special meeting was to include a closed session request for the purpose of a public employee/discipline/dismissal/release. Immediately following the closed session, an open session had been agendized as follows: 1. Subject: Acceptance of Resignation of City Administrator/Approval of Separation Agreement; 2. Subject: Appointment of Special Legal Counsel For Limited Matters.
The meeting was to conclude with another closed session for the purpose of appointing an interim city administrator; however, the meeting never took place as it was canceled at approximately 10 a.m. Tuesday morning. Another special meeting notice was received by the ObserverHAmerican newsroom at 10:47 a.m. on Tuesday, which called for a meeting at 7 p.m. Wednesday, Nov. 15. The second notice did not include an item for the acceptance of Kivley”s resignation, which according to Kivley, she had never rendered. “I never gave a letter of resignation and I also never received any written notice in regard to the potential termination,” Kivley reported.
Another indication that significant action was pending was the abrupt changing of the locks at City Hall, which took place on Monday, Nov. 13. Mayor Overton said that she had granted authorization for the lock changes without discussion among other council members. “It was a safety issue,” she said, “for safe keeping our records.”
Concern regarding the legal perameters of the council has been expressed by those who voted against the terminations. “The council is a policy making body only. We are not in charge of operations,” Vice Mayor Thein and Councilmember Giambruno added, “No one council member can direct.”
The councilmembers further explained that the city administrator is in charge operations and when the city administrator is in default, it is charged to the interim city administrator.
“At the time the locks were changed, Kathy was still the city administrator because she had not been terminated yet,” Thein said.
Wednesday”s actions come less than a month prior to the expiration of terms for two council members, both of whom supported the terminations. Neither Smith nor Malley had sought reelection and new councilmembers Chuck Leonard and Roy Simons are due to take their oaths of office during the Dec. 14 regular meeting.
“The decisions that were made will directly affect the future of our city in an abundance of areas. These were decisions of magnitude, ” said Vice Mayor Thein. “The people of our city elected two new councilmembers who will be certified within a couple of weeks or less. The opportunity of these decisions should have been afforded to the new councilmembers, as they will be part of the joint body of the council who must set the course for our future 9 not outgoing council members.
“I have confidence that our new city council will be able to meet the challenges that are ahead with fortitude, optimism and professionalism,” Thein concluded.
Contact Denise Rockenstein at drockenstein@clearlakeobserver.com.
