Gatch-Gate

Overview

Phil Gatch has been a dedicated public servant of Thousand Oaks for 38 years. He is credited with being one of the key architects of the establishment of our General Plan. The General Plan is the blueprint that has guided our city to make it what it is today. Gatch served as Director of Community Development for many years and in 2004 was selected by the Council to serve as City Manager.

The City of Thousand Oaks has been running smoothly under Phil Gatch’s leadership. Our City has not experienced the many lawsuits of the past. Thousand Oaks has been a kinder and more civil place for residents and city employees alike. Phil Gatch could be earning much more in retirement but became City Manager because of his devotion to the residents and employees of Thousand Oaks.

Gatch-Gate

The following section of the Thousand Oaks Municipal Code defines the allowable relationship between City Council Members and the City Manager.
Did Councilman Andy Fox overstep his authority?

Section 2-1.208. Relationship with Council.

Neither the Council nor any member thereof shall give orders to any subordinates of the City Manager. The City Manager shall take orders and instructions from the Council, as a body, only when sitting in a duly held meeting of the Council, and no individual Councilmember shall give any orders or instructions to the City Manager. The provisions of this section shall not be construed to prevent any Councilmember from discussing matters of the City with the City Manager and staff.

(§ 1, Ord. 889-NS, eff. May 28, 1985)

QUESTIONS THAT NEED TO BE ANSWERED;

Did the City Council meet in private session prior to March 23, 2005 to discuss the
removal of City Manager Phil Gatch?

If the City Council did not meet in a private session was there meetings held
that violated the Brown Act?

Did Councilmember Andrew Fox break the law (Municipal Code Section 2-1.208)?

Was Councilmember Andrew Fox wrong in not abstaining from the vote on investigating
his possible violation of the Municipal Code?

Was Phil Gatch coerced into resigning?

Did Councilmember Andrew Fox have permission from the Los Angles Fire Department (LAFD) to use LAFD facilities to conduct Thousand Oaks City business on LAFD time?

Did Councilmember Andrew Fox modify the resignation letter sent to him by Phil Gatch?

Was Phil Gatch discriminated against when he was told by Councilmember Andrew Fox
" the management of the City needed to go in a different direction, possibly with someone
who was younger and had more energy ---- and someone who might stay with the City 15-20 years."

The Answers can be found in the following articles;

Chronology of Events

November 8, 2004

City Manager, Phil Gatch receives salary adjustment and merit increase.

March 23, 2005 - March 31, 2005

	Phil Gatch's memo to Fox dated April 4, 2005 stating the facts of a meeting held on March 23, 2005 at 5:30 p.m. where Fox demanded he resign or be fired!
	Phil Gatch's coerced resignation fax to Fox at the Los Angeles Fire Department March 31, 2005
	Fox returns the modified version he made of Phil Gatch's resignation on March 31, 2005 from the Los Angeles Fire Department.
	City Manager, Phil Gatch sends Memo to the City Council (March 31, 2005).

April 7, 2005 - May 5, 2005

Thousand Oaks ACORN Newspaper Articles;

	April 7, 2005 - T. O. city manager told he's out
	April 21, 2005 - In the wake of city manager resigning - City council requests investigation into possible violations of open meetings law
	From the Thousand Oaks Acorn May 5, 2005
	April 28, 2005 - Council votes 3-2 to accept city manager’s resignation
	May 3,2005 - Public Officials, Residents say goodbye to outgoing City Manager.

Thousand Oaks Star Newspaper Articles;

	April 21, 2005 - Thousand Oaks Council to investigate itself, staff
	April 22, 2005 - City Council agrees to hire council
	April 27, 2005 - Thousand Oaks OK's managers resignation
	April 30, 2005 - Editorial: Driving Force in Thousand Oaks
	May 1, 2005 - Gatch leaving office but uproar persists

May 21, 2005 - Open Meeting Inquiry Starts

April 19, 2005 Memo from City of T. O. Mayor to Council - Request for Outside Council

April 26, 2005 - Special Meeting Agenda - Kangaroo Court

Results of the April 26th "~~SPECIAL MEETING AGENDA~~" KANGAROO COURT

	Item 4 A. Public Employee Dismissal/Release; Pursuant to Government Code Section 54957 Vote was 3-2, Fox, Irwin, and Gillette in favor, Bill-de la Peña and Masry opposed.
	Item 4 B. Accept the employment termination negotiations for Mr. Gatch. Vote was 3-2 with Masry, Irwin, and Gillette in favor, Bill-de la Peña and Fox opposed.
	Item 5 A. Approval of Contract Termination Agreement. Mr. Masry said he would vote in favor because Mr. Gatch signing the agreement indicated it was satisfactory, and Mr. Masry hoped to end discussion of this matter quickly. Mayor Bill-de la Peña opposed it for consistency with her votes on items 4 A, B, and C. Fox gave no comment on his vote opposing 5 A. Mayor Bill-de la Peña stated that her vote against approving the termination agreement was because her conscience wouldn't allow her to vote any other way based on the circumstances which surrounded this unfortunate case. She said she stood on principle with her vote.

On May 6, 2005 Mr. Gatch will leave office. The search process for a new City Manager will begin on June 30, 2005.

Mayor, Claudia Bill-de le Peña and Phil Gatch talk to those present at the May 3rd reception at City Hall for Mr. Gatch.

Additional items will be added as they occur!

KANGAROO COURT ( Webster's Ninth New Collegiate Dictionary )
1: a mock court in which the principles of law and justice are disregarded or perverted
2: a court characterized by irresponsible, unauthorized, or irregular status or procedures
3: judgment or punishment given outside of legal procedure