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Two top Willcox officials placed on administrative leave with pay

By AINSLEE S. WITTIG and CAROL BROEDER/Arizona Range News
Published: Wednesday, March 16, 2005 1:31 PM CST
Two top city officials have been placed on administrative leave with pay.

Finance Director Jeff Palmer and Human Resources Director Esther McGuire were placed on administrative leave Wednesday, March 9, said City Manager Gilbert Davidson.

Palmer's salary is $48,402, or about $931 per week. He has been the city's finance director since August 2003, Davidson said.

McGuire's salary is $43,888, or about $844 per week. She has been the city's human resources director since the fall of 2001, he said.


Davidson said Friday that the city could not comment, as the issue is a personnel matter, but added that "all city policies and procedures are being followed and we are being sure that all employees are protected and that due process rights are ensured."

Reached Friday afternoon by telephone, City Attorney James E. Holland said, "The city is dealing with a personnel matter . . . that requires confidentiality for many, many reasons.

"I am concerned about the protection of the people involved," he said. "I am reluctant to say anything more."

Palmer said Sunday that he "could not comment until his case is closed," and added that the same situation exists for McGuire, who could not be reached.

A last-minute Friday revision to the agenda for Monday's special meeting asked City Council members to adopt a resolution approving a new personnel policy.

Councilman Phil Stratton said during the meeting that he did not have a chance to read the new policy as it had just been handed to him. The document is 31 pages long.

"I think we need it, I just hesitate to bless something I've never read," Stratton said. "I think we should have had it ahead of time."

"This wasn't available until today," Easthouse replied.

"Then I think it should have been put off until the next meeting," Stratton said.

Councilman Phil Rodriguez asked if the council approved the new policy into law, could they change it later if they wanted?

Holland replied that it could be changed.

"This particular section is outlining certain activities by employees, professional work environment, outside employment, dress and personal appearance. It addresses the effects of labor activity. It also addresses the means by which complaints can be made against employees by their supervisors and corrective action, if any, can be taken," Holland told the council.

"It also addresses appeal procedures that employees may use or implement ensuring that due process is met in all of the issues involving their employment," he continued. "Each one of these we've put into a form to be addressed. Some of these were in the prior personnel policy, some of them were not. What we're trying to do is systematically put together portions into a major document that will be the entire personnel policy. This particular standard of conduct and employee corrective action will be incorporated at this point with the existing personnel policy that we have."

"In some cases it will replace policies that we have heretofore used and other places, they're a whole new creation we have not had before. That's the purpose behind them," Holland said.

"The policy allows for an employee to have an opportunity to file a grievance on a level apart from the city administration. A hearing officer can be appointed. Our old policies and procedures do not have this opportunity in place," Davidson said after the meeting.

Mayor Mick Easthouse, Vice Mayor Roy Ard, and Councilmen Rodriguez, Stratton, Joe Long, and Woody Johnson were unanimous in a voice vote to approve a draft resolution they did not have in front of them. Councilman Jimmy Norris was absent.

City Clerk Christy Whelan asked, "Were there any opposed?"

Easthouse replied, "No."

The Willcox City Council has met behind closed doors to discuss "administrative complaints" several times since Nov. 22, 2004, when Tucson attorney Angela M. Martinez attended the meeting along with Holland and all seven city councilmen.

No city staffers were present at the Nov. 22 closed-door meeting, which is unusual.

Martinez is with the firm of Lewis and Roca and specializes in employment and labor law.

Holland said at that time that Martinez is "responsible for representing the city."

The Nov. 22 executive session was listed on the council agenda as follows:

"Discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorney's regarding the public body's position in pending or contemplated litigation. Regarding Administrative complaints."

Contacted the Tuesday morning after the Nov. 22 meeting, Easthouse was asked to comment on the session that lasted nearly 75 minutes.

"The council voted unanimously to allow the lawyers to proceed," he said.

Easthouse did not elaborate.



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