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Chandler manager bows to council

Chris Markham, Tribune

April 12, 2006 - 10:54AM

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Despite residents and city employees showing considerable support for Chandler’s city manager, the City Council forced his resignation after a nearly 10-hour job review that stretched past 2 a.m. Tuesday.

“He got a raw deal,” Councilman Bob Caccamo said Tuesday afternoon of the council’s decision to accept the resignation of City Manager Mark Pentz in exchange for the executive’s agreement not to take the city to court.

“It had everything to do with a four-vote, lame-duck majority,” Caccamo said, referring to Vice Mayor Phill Westbrooks and council members Matt Orlando, Donna Wallace and Martin Sepulveda, all of whom were critical of Pentz during his review.

The separation agreement entitles Pentz to a severance package that includes 15 months of regular pay with a 4 percent raise and car allowance, 18 months of health insurance premiums and seven months of retirement contributions that in total will cost Chandler nearly $260,000, according to city estimates.

Westbrooks, Orlando, Wallace, Sepulveda and Mayor Boyd Dunn voted to accept the agreement. Dunn, who supported the city manager during his review, said his vote was aimed at “making sure Mark was treated fair.”

“Mark Pentz has been a terrific city manager, and nothing I heard last night changed my opinion,” Dunn said Tuesday. “It became very clear that a majority was not going to support his continuing as city manager and at that point my focus changed to making certain the settlement was fair.”

Nearly 150 people filled the council chambers when the meeting began at 3:30 p.m Monday. About 40 were left when the council finally voted around 2 a.m.

Pentz supporters were making their voices heard Tuesday, including completely filling the mayor’s voicemail box and inquiring how to launch a recall effort against at least two council members.

“I was hoping that I’m dealing with adults,” said resident Ray Pilara, who had sent several e-mails to council members before the meeting. “But it doesn’t appear that way.”

Pilara said he’s connected to an effort that’s already begun to recall Sepulveda and Orlando. Wallace and Westbrooks, both of whom have reached their term limits on the council, will be leaving in June.

Pentz’s separation agreement was called a “last resort” in a letter written by Pentz’s attorney, Richard Cohen, as “an option which would guaranty the city will not end up in costly litigation, and also go a long way to help avoid the expense and turmoil of a recall election.”

Sepulveda called Cohen’s reference to a recall “a veiled threat” Tuesday and said residents have the prerogative to launch a recall against him if they disagree with his actions.

“You know what, have at it,” he said. “I’m not going to back down because of a threat of a recall.”

Sepulveda told Pentz he had problems with the city manager’s handling of a proposal for Chandler to join the Williams Gateway Airport Authority and the city’s gasto-energy program at the now-closed McQueen Road landfill.

Pentz and other city staff recommended the city not join the Mesa airport authority because of its plans with its own airport. That issue has not yet been decided by the council and is set for discussion in a future meeting.

Orlando, Wallace and Westbrooks said they had concerns with Pentz’s demeanor with certain council members, city staff and with members of the public.

More than a dozen people addressed the council during the review, most in support of Pentz. Residents and business leaders also voiced their support through e-mails, letters and phone messages to council members before the meeting.

City department heads, in response to a separate evaluation of Pentz, gave him high marks in most aspects of his job.

Pentz’s separation agreement must still be formalized by the council and the city attorney.

The agreement

Chandler City Manager Mark Pentz’s separation agreement, which still requires City Council approval, includes:

• A 4 percent increase in base salary retroactive to his Jan. 19 hire date, bringing his annual pay to just under $174,000.

• A year’s salary and car allowance payments after his official resignation Aug. 1. Pentz would go on paid leave for three months starting May 1.

• A $3,000 payment to cover expenses associated with a job search.

• The city would pay approximately $12,000 into Pentz’s retirement account to cover the city’s contributions for the rest of the year.

• The city would pay about $19,000 to cover its share of medical, dental and life insurance for Pentz and his family for 18 months.

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