By Michael V. Hannigan
The Athens City Council voted 3-2 Monday, July 28, to approve a budget adjustment from reserves to pay the severance package for City Administrator Pam Burton, who is stepping down in December.
Charles Elliott and Joe Whatley voted no.
Burton’s contract calls for her to receive six months salary, plus unused vacation and unused sick time, as a severance package when she leaves city employment. The city has been told by multiple attorneys that the contract is binding.
The total severance package is valued at about $239,000, according to city officials. There is about $2.6 million in the reserve fund from which the money will be drawn.
The budget adjustment to fund the controversial severance package was tabled last week. Please read here for more on the contract, including an explanation of how the contract was written.
The vote came quickly Monday night, with Mayor Jerry Don Vaught making a motion immediately after reading the agenda item.
“I don’t think any further discussion is needed on this,” he said. “I think we have talked about this quite a lot.”
Councilmen Whatley and Elliott criticized the mayor for not giving them time to review documentation of Burton’s sick time, for which they had asked.
Before the vote, City Attorney Connor Bateman explained to the council that Burton’s vacation and sick time should be paid at her current pay rate and not at the rate she was making when the time was accrued. The city also received an opinion from the Texas Municipal League saying the same thing.
UPDATE – 3 p.m. July 29
A few readers have questioned the legality of Mayor Jerry Don Vaught making a motion, because that is something not allowed according to Robert’s Rules of Order.
It turns out that the City of Athens does not function under Robert’s Rules. According to Section 3.10 of the City Charter, “The city council shall determine its own rules of procedure …”
According to City Secretary Pam Watson, the council has never voted to accept Robert’s Rules.