How much severance did Turlock pay its city manager? Read the settlement here

Jun. 5—Turlock agreed to pay City Manager Toby Wells a $55,000 severance despite determining the city had sufficient cause to fire him, records obtained by The Bee on Friday showed,

Wells disagreed the city could fire him with cause after an investigation and denied all allegations, according to the settlement agreement he signed May 25,

The agreement does not explain the reason for ending Wells' employment, nor the subject of or findings from the investigation that began around Jan. 7.

Turlock released the separation agreement to The Bee per a California Public Records Act request, but declined to disclose any investigative reports.

Acting City Clerk Allison Martin cited exemptions for withholding the records, including government codes dealing with attorney-client privileged communications, attorney-work product privilege and confidential personnel matters.

Turlock's contracted law firm for employment issues, Atkinson, Andelson, Loya, Ruud & Romo, maintains Wells' investigatory report as an attorney-client privileged document, per the agreement.

The agreement also includes a confidentiality provision, preventing both Wells and the city from discussing the details of this settlement. Both Wells and city officials have declined to answer questions about the settlement since the City Council approved it after a closed session meeting.

Along with the $55,000 settlement, the city agreed to pay Wells his regular wages and any unused leave — such as vacation and sick hours — through June 11, his employment separation date.

With a $220,000 annual salary, Wells stands to make an estimated $93,000 in wages since the council placed him on investigatory leave on Jan. 7. The city is also set to pay about $5,900 to cover Wells' health insurance costs through September.

Wells further waived his right to a name-clearing hearing, according to the agreement. City managers serve at the will of the council and the city hired him in March 2020. October marked the last time the city reported the results of a job performance evaluation for him, and Wells received an "above-satisfactory" review.

Council Members Nicole Larson and Andrew Nosrati voted against approving his separation agreement, as well as placing Wells on investigative leave.

"Although I do not agree with the decisions made so far regarding this matter, I am hopeful we can put this behind us and work together to seat our next permanent city manager as soon as possible," Larson said in a text to The Bee on May 26. "It should be our number one priority — no more excuses."

In total, Wells actively worked for the city for nine months and was on investigatory leave for about five months.

"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 a previous statement. "The passage of Measure A and several new developments will continue make Turlock a great place to live and do business."

Since 2015, seven people have served as Turlock's city manager on either a permanent or temporary basis. Acting City Manager Sarah Eddy began working the role around May 28, after Gary Hampton reached his maximum hours for the fiscal year working as a retiree of the California Public Employees' Retirement System.

The council appointed Hampton to the position, which he previously held on a permanent basis before retiring, days after placing Wells on leave.

___

(c)2021 The Modesto Bee (Modesto, Calif.)

Visit The Modesto Bee (Modesto, Calif.) at www.modbee.com

Distributed by Tribune Content Agency, LLC.