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HomeMy WebLinkAboutResolutions No. 2025-176RESOLUTION NO. 2025-176 A PRELIMINARY RESOLUTION OF THE LODI CITY COUNCIL PURSUANT TO LODI MUNICIPAL CODE SECTION 2.12.050, COMMENCING THE PROCESS OF REMOVING SCOTT R. CARNEY (CITY MANAGER) FROM OFFICE; CONTINUING THE SUSPENSION OF THE CITY MANAGER FROM DUTY; CONTINUING THE APPOINTMENT OF THE ACTING CITY MANAGER; AND PROVIDING FOR AN EFFECTIVE DATE AND ALL OTHER PURPOSES ------------------------------------------------------------------------ ------------------------------------------------------------------------ WHEREAS, the City and City Manager Scott R. Carney ("Mr. Carney"), entered into a City Manager Employment Agreement on May 15, 2024 (the "Agreement") with an effective date of June 3, 2024 (Resolution No. 2024-71), for the employment of Mr. Carney to perform the duties and functions of City Manager for the City as he may be assigned by City Council for a term of three (3) years beginning on the effective date and ending on June 4, 2027 at 5:00 p.m., unless sooner terminated pursuant to the Agreement; and WHEREAS, pursuant to Section 15, subdivision (a) of the Agreement, Mr. Carney is "at will" and serves at the pleasure of the City Council; and WHEREAS, pursuant to Lodi Municipal Code ("LMC") Section 2.12.050 and Section 13, subdivision (b) of the Agreement, City Council may remove the City Manager with or without cause, by a majority vote of its members; and WHEREAS, pursuant to LMC Section 2.12.050, at least thirty (30) days before any City Council decision to remove a City Manager will become effective, the City Council must, by a majority vote of its members, adopt a preliminary resolution stating the reason(s) for his removal; and WHEREAS, pursuant to LMC Section 2.12.050 and Section 13, subdivision (b) of the Agreement, the City must provide at least thirty (30) days' written notice of any preliminary resolution for removal of the City Manager, to which the City Manager may reply in writing within ten (10) days following receipt of the notice of the preliminary resolution; and WHEREAS, within no more than ten (10) days following receipt of written notice of any removal, the City Manager may request a public hearing which shall be held not earlier than twenty (20) days nor later than thirty (30) days after the filing of such request, if any (LMC Section 2.12.050); and WHEREAS, after such public hearing, if requested, and after full consideration, City Council by a majority vote of its members may adopt a final resolution of removal; WHEREAS, the City Council met in Closed Session on October 6, 2025, to discuss the public employee performance evaluation/discipline/dismissal/release of City Manager, Mr. Carney; and WHEREAS, the Lodi City Council find that it will be in the best interest of the City to approve this Resolution. NOW, THEREFORE, BE IT RESOLVED by the Lodi City Council Section 1. The Lodi City Council hereby adopts this preliminary resolution removing the City Manager, Mr. Carney, from office not for cause for the following reasons: a. Mr. Carney's leadership style is not consistent with the City Council's performance needs. b. Mr. Carney's work with the City Council and City staff has demonstrated that he does not have an effective understanding of the City Council's expectations of the role of the City Manager for the City of Lodi. c. Mr. Carney's management style and approach have not met the City Council's expectations that he positively contribute to the development of City staff and the professional culture of City employees. d. Mr. Carney has performed his job in a way that has not been constructive and solution oriented or in a manner that has enhanced the public trust in the City. Section 2. That City Manager Mr. Carney continue to be suspended from duty and shall be paid his full salary in accordance with the Lodi Municipal Code. Section 3. That current Acting City Manager, James Lindsay, continue his appointment as Acting City Manager effective immediately. Section 4. That City Council shall consider at a future meeting, as required by the Lodi Municipal Code, the appointment of an Interim City Manager and commencement of recruitment for a permanent successor. Section 5. That City Council consider at a future meeting, as required by the Lodi Municipal Code, the adoption of a final resolution removing the City Manager Mr. Carney permanently from office. Dated: October 6, 2025 ------------------------------------------------------------------------ ------------------------------------------------------------------------ I hereby certify that Resolution No. 2025-176 was passed and adopted by the City Council of the City of Lodi in Closed Session at a special meeting held October 6, 2025, by the following votes: AYES: COUNCIL MEMBERS — Craig -Hensley, Hothi, Nakanishi, Yepez and Mayor Bregman NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None vV �.OALIVIASHED City Clerk 2025-176