LATHROP – Despite the recommendation of an administrative law judge in April that Matt Browne be reinstated to his old job with full back pay and benefits, Lathrop’s former chief building official is still fighting the powers-that-be at city hall.
At the same time, the fiscal hemorrhaging persists as the city council continues to drag its feet in voting on the judge’s recommendation. Browne’s wrongful-termination complaint against the city has, so far, cost taxpayers upwards of a quarter-million dollars in legal and related fees, and still climbing as the settlement negotiation continues. The latest move in the ongoing negotiations is a nonbinding mediation between the city and Browne and his attorney.
According to Bulletin sources who asked anonymity because negotiations are still continuing, mediators representing the city have offered Browne $10,000 in settlement plus reinstatement to his old job, back pay and benefit package. Bulletin sources have also indicated that mediation efforts are still continuing, with no new settlement figures divulged. The Bulletin has learned that both parties met in person in San Francisco the first day of mediation, with subsequent offers and counter-offers continuing via telephone and electronic communications.
However, because this is a nonbinding mediation process, the Browne camp can decide anytime to walk away from the negotiation table.
The initial offer of $10,000 is a far cry from the reported initial offer of $1.3 million by the city. That figure has never been confirmed by city officials. However, the $1.7 million counter-offer has been confirmed by Browne’s legal camp with $1 million of that coming from the city’s $1 million insurance coverage through the Employment Risk Management Authority and the rest to be paid by the city. The Bulletin has also learned in July that the $1 million insurance coverage was to be paid in two installments with $500,000 payable during the 2009-10 fiscal year and the remaining half to be paid the following fiscal year. During that time, Browne’s legal counsel, Ellen Mendelson of San Francisco, said that her client would agree to that split arrangement if the city accepts their $1.7 million counter offer. Otherwise, they would accept the $1.3 million as a one-time payment only.
While the city has never confirmed any of the above figures, offers and counter offers, when asked in July about the $1 million insurance coverage and payment method, City Attorney Salvador V. Navarrete responded by sending the Bulletin via e-mail a copy of the City’s Memorandum of Coverage with the Employment Risk Management Authority, an insurance pool comprised of several cities that includes Lathrop and Manteca.
“This document provides full detail of relevant insurance coverage available to the City and limitations thereon,” Navarrete explained.
The city’s settlement offer was also confirmed by Browne himself in a speech that he prepared for the public hearing on the judge’s recommendation on June 23 but was never able to present in its entirety at the podium due to time constraints imposed by the city. Browne and his attorney, however, provided the Bulletin a copy of that speech which was published online in the newspaper web site. www.mantecabulletin.com.
In the speech, Browne stated, “There is no price the city can pay to fully restore me to where I once was. This long, deliberate and callous process was carried out with the sole purpose of sullying my reputation, ruining my career, my name, and forever destroying my future. My sincere wish is for the council to realize this fact and acknowledge the city’s transgression in blackening my good name and reputation.”
However, a growing number of citizens have made known their frustrations to the city over the lack of closure to what they perceive is a legal mess that they say has made Lathrop the laughing stock of the county and, perhaps, even the state. They are also mad at the continuing “waste” of taxpayers’ money being used to pay the city’s lawyers working on this case, not to mention the cost involved in staff time.
“It’s a waste. It’s a tragedy. This money could have kept a couple of workers at the (city’s) parks. This money could have – it’s just unbelievable what we could have done with all this money. Not just the money spent on lawyers but staff time,” said Dan Mac Neilage, a member of the city Planning Commission who has been one of the most vocal critics of the council over the Browne case.
“Right now, the community has no confidence in the council. We’re laying people off, we’re raising our water and sewer rates, we’re talking about getting rid of police services and cutting down on fire services, and we’re paying these lawyers that do nothing for our city?” said Mac Neilage referring to the legal office of Michael Colantuono which has represented the city in the Browne case.
“Isn’t it fascinating the biggest expense is for a legal opinion?” he added with irony.
“I believe the (city’s) agenda now is to make Matt Browne go away, and he’s not going to go away. He has lost his home, his life savings, his future. He has nothing left to lose,” Mac Neilage said.
Former mayor Bennie Gatto, who is also chairman of the Planning Commission and the Lathrop-Manteca Fire District board of directors, also warned the council about a possible recall movement from the community over the city officials’ lack of action in bringing a stop to the financial hemorrhaging over the Browne case.
“How much more of the taxpayers’ money are we going to waste? One million dollars in attorneys’ fees – we could have used that money to save city jobs that were cut. I’m tired of my tax dollars being wasted. What will it take for you to wake up? My answer: recall,” said Gatto at the last council meeting.
Mac Neilage said he has heard “people talking about it;” however, he thinks it’s “a little late doing something like that now” and get that in the next elections.
“The smartest thing we could do right now is to focus on all five (council members) and hold them accountable for their voting,” he said.
Browne was fired in February 2008 by then- city manager Yvonne Quiring after being a Lathrop city employee for nearly 17 years, during which time he rose up the ranks including holding dual responsibilities at one time as deputy Public Works director while serving as chief building official. Before his termination, he was placed on administrative leave with pay from July 2007 to February 2007. During that time, the city hired a private investigator who followed him for four days with the intention of substantiating their allegations that Browne was committing worker’s compensation fraud. While that was taking place, Browne had been released by his medical doctor to return to work only to be told that he was being placed on administrative leave with pay without any explanation.
Browne was injured while working on the rehabilitation of the Lathrop Senior Center. Council officials at that time decided to utilize city staff on the project to save money.
At the same time, the fiscal hemorrhaging persists as the city council continues to drag its feet in voting on the judge’s recommendation. Browne’s wrongful-termination complaint against the city has, so far, cost taxpayers upwards of a quarter-million dollars in legal and related fees, and still climbing as the settlement negotiation continues. The latest move in the ongoing negotiations is a nonbinding mediation between the city and Browne and his attorney.
According to Bulletin sources who asked anonymity because negotiations are still continuing, mediators representing the city have offered Browne $10,000 in settlement plus reinstatement to his old job, back pay and benefit package. Bulletin sources have also indicated that mediation efforts are still continuing, with no new settlement figures divulged. The Bulletin has learned that both parties met in person in San Francisco the first day of mediation, with subsequent offers and counter-offers continuing via telephone and electronic communications.
However, because this is a nonbinding mediation process, the Browne camp can decide anytime to walk away from the negotiation table.
The initial offer of $10,000 is a far cry from the reported initial offer of $1.3 million by the city. That figure has never been confirmed by city officials. However, the $1.7 million counter-offer has been confirmed by Browne’s legal camp with $1 million of that coming from the city’s $1 million insurance coverage through the Employment Risk Management Authority and the rest to be paid by the city. The Bulletin has also learned in July that the $1 million insurance coverage was to be paid in two installments with $500,000 payable during the 2009-10 fiscal year and the remaining half to be paid the following fiscal year. During that time, Browne’s legal counsel, Ellen Mendelson of San Francisco, said that her client would agree to that split arrangement if the city accepts their $1.7 million counter offer. Otherwise, they would accept the $1.3 million as a one-time payment only.
While the city has never confirmed any of the above figures, offers and counter offers, when asked in July about the $1 million insurance coverage and payment method, City Attorney Salvador V. Navarrete responded by sending the Bulletin via e-mail a copy of the City’s Memorandum of Coverage with the Employment Risk Management Authority, an insurance pool comprised of several cities that includes Lathrop and Manteca.
“This document provides full detail of relevant insurance coverage available to the City and limitations thereon,” Navarrete explained.
The city’s settlement offer was also confirmed by Browne himself in a speech that he prepared for the public hearing on the judge’s recommendation on June 23 but was never able to present in its entirety at the podium due to time constraints imposed by the city. Browne and his attorney, however, provided the Bulletin a copy of that speech which was published online in the newspaper web site. www.mantecabulletin.com.
In the speech, Browne stated, “There is no price the city can pay to fully restore me to where I once was. This long, deliberate and callous process was carried out with the sole purpose of sullying my reputation, ruining my career, my name, and forever destroying my future. My sincere wish is for the council to realize this fact and acknowledge the city’s transgression in blackening my good name and reputation.”
Talks of recall by frustrated residents
City officials have consistently declined to make any comments on Browne’s two-and-a-half-year wrongful-termination complaint against the city citing the continuing closed-door talks as the reason.However, a growing number of citizens have made known their frustrations to the city over the lack of closure to what they perceive is a legal mess that they say has made Lathrop the laughing stock of the county and, perhaps, even the state. They are also mad at the continuing “waste” of taxpayers’ money being used to pay the city’s lawyers working on this case, not to mention the cost involved in staff time.
“It’s a waste. It’s a tragedy. This money could have kept a couple of workers at the (city’s) parks. This money could have – it’s just unbelievable what we could have done with all this money. Not just the money spent on lawyers but staff time,” said Dan Mac Neilage, a member of the city Planning Commission who has been one of the most vocal critics of the council over the Browne case.
“Right now, the community has no confidence in the council. We’re laying people off, we’re raising our water and sewer rates, we’re talking about getting rid of police services and cutting down on fire services, and we’re paying these lawyers that do nothing for our city?” said Mac Neilage referring to the legal office of Michael Colantuono which has represented the city in the Browne case.
“Isn’t it fascinating the biggest expense is for a legal opinion?” he added with irony.
“I believe the (city’s) agenda now is to make Matt Browne go away, and he’s not going to go away. He has lost his home, his life savings, his future. He has nothing left to lose,” Mac Neilage said.
Former mayor Bennie Gatto, who is also chairman of the Planning Commission and the Lathrop-Manteca Fire District board of directors, also warned the council about a possible recall movement from the community over the city officials’ lack of action in bringing a stop to the financial hemorrhaging over the Browne case.
“How much more of the taxpayers’ money are we going to waste? One million dollars in attorneys’ fees – we could have used that money to save city jobs that were cut. I’m tired of my tax dollars being wasted. What will it take for you to wake up? My answer: recall,” said Gatto at the last council meeting.
Mac Neilage said he has heard “people talking about it;” however, he thinks it’s “a little late doing something like that now” and get that in the next elections.
“The smartest thing we could do right now is to focus on all five (council members) and hold them accountable for their voting,” he said.
Browne was fired in February 2008 by then- city manager Yvonne Quiring after being a Lathrop city employee for nearly 17 years, during which time he rose up the ranks including holding dual responsibilities at one time as deputy Public Works director while serving as chief building official. Before his termination, he was placed on administrative leave with pay from July 2007 to February 2007. During that time, the city hired a private investigator who followed him for four days with the intention of substantiating their allegations that Browne was committing worker’s compensation fraud. While that was taking place, Browne had been released by his medical doctor to return to work only to be told that he was being placed on administrative leave with pay without any explanation.
Browne was injured while working on the rehabilitation of the Lathrop Senior Center. Council officials at that time decided to utilize city staff on the project to save money.
