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11 Oct 2008
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Three councilmen explain no vote on Buss severance
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And then there were three – Councilmen Joseph Estes, Kelly Haddad and Will Dunn.

It was Estes, Haddad and Dunn who cast the no votes at a special City Council meeting over a severance and release agreement with former Assistant City Manager Rick Buss.

By a 4-3 vote Thursday evening, Buss was awarded a package that, including benefits, amounts to around $80,000. Buss will receive salary and benefits from Aug. 10 to Feb. 10, 2008. Mayor Kelly Anderson, Vice Mayor Brent Murphree, Councilmen Edward Farrell and Steve Baker Thursday voted in favor of the package.

Buss, who is under investigation over allegations of misconduct and was placed on administrative leave late last week, agreed he would not sue the city. 

Following Thursday’s meeting, Estes said the severance package was “not an appropriate measure at this time with all that is going on. I am comfortable with my decision,” Estes said.

“I can’t agree in good conscience to this while an investigation is ongoing,” Haddad added. “I think it’s ridiculous we just offered a man a severance package when he’s still under investigation.”

“Councilman Haddad really summed up my thoughts in that we have an investigation going and this is just premature,” Dunn remarked. “With all of that said, there is a lot of smoke. That concerns the hell out of me.”

There was some question following Thursday’s meeting as to whether or not with Buss resigning, the investigation of alleged misconduct would be dropped.

Dunn said as far as he’s aware, the investigation is not dropped. The reason for that is because it also involves Information Technologies and Telecommunications Manager Richard Terrell. City of Maricopa Public Affairs Manager Jennifer Grentz confirmed Friday that the investigation was still ongoing.

Asked if he was surprised on how his fellow councilmen voted, Dunn said he didn’t know coming into the meeting how it would go.

“I knew there were strong feelings both ways,” Dunn said. “The advantage or maybe disadvantage I had was I was out of town for 10 days. So much of the stuff that has transpired, and I don’t know how much more can transpire in 10 days, was when I was gone.”

Dunn said he had been playing catch-up with Interim City Manager Roger Kolman and City Attorney Denis Fitzgibbons since returning to town.

In a follow-up conversation with 85239.com on Friday, Dunn said typically when a council vote is tight, he’ll get in there and box with his fellow councilmen, but this situation didn’t allow for that.

“I had discussed with Denis what we can and cannot talk about,” Dunn said. “Employee matters are confidential. Because it is dealing with employee matters, as my understanding is, those are done in executive session. This stuff we were dealing with, the challenges somebody might have with Rick, would be employee situations that we cannot legally discuss in an open meeting. There wasn’t much we could discuss except for as it was agendized. I didn’t want to get us or the city in trouble by saying something legally I can’t talk about. It wasn’t that I didn’t want to…the lawyer said don’t. I absolutely didn’t want to do an executive session because I wanted this to be as open as we can.”

At the end of the day, Dunn sees the Buss decision as a positive one for Maricopa.

“As much as I think the vote was wrong, still, the benefit will be positive for the city,” Dunn commented. “If this agreement didn’t go through and ended up in court, we’d have $100,000 in legal fees.”

Photo by Dave Thomas


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  • I respect the opinion and the vote of each of these council members. I think Mr. Haddad summed up the frustration of a lot of us. Why let a guy bail out with money while he's under investigation? Time will tell if the vote went the right or the wrong way. (DesertDweller)
  • Seems like these 3 have it right. Anyone else bothered by the fact that the mayor was upset that Estes opened up a dialogue with forum members to discuss city business? Why? Sorry if I offend, but we need better leadership. (Lano)
  • Buss agreed not to SUE the city. Was that ever really a question? (momeeof3)
  • I'll bet this severance was tied into Buss agreeing not to SUE the city. (Lano)
  • the minute Joe Estes posted his personal vendetta against Rick it put the city in a bad spot. This was a business decision. Tank doesn't like it because he has it out for Rick, which is clearly derived from his posts and alternate screen names. Pin this snafu on Joe. (CopaTruth@yahoo.com)
  • How about you pin this wrong doing on the person who did the wrong doing?? Rick Buss is obviously guilty of something and it's too bad that the city had to pay 60k for him to get away with it! (LeslieB)
  • I guess the city had to let BUSS run with the money since Joe ESTES opened his big mouth about all of Rick's business on the forum before the investigation was completed... Or was it just a ploy to allow Buss an out with some money? hum!!! (Sinbad)
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