Copyright 2004, Marin Independent Journal

Fairfax City Council meets in closed session to consider status of town administrator, but no action announced. Is City waiting until after election to disclose a controversial resignation?

(Marin Independent Journal 10/26/04) -- A week before the Nov. 2 election the mud is flying in Fairfax over a city parcel tax measure and the possible forced resignation of Town Administrator Alan Bengyel.

Councilman Mike Ghiringhelli said that during a closed session in September, the Town Council and Bengyel agreed he would no longer work for Fairfax, which would make him the third top official to leave in two months. But, Ghiringhelli said, council members are delaying an announ-cement until after the election because they fear voters will suspect the town is being mismanaged and might not support Measure L, a special tax to fund police and fire services.

"They're hiding the truth from the public," said Ghiringhelli, a parcel tax opponent. "I think the public deserves to hear the truth."

Councilman Lew Tremaine denied there was any attempt to delay an announcement about Bengyel. He said the council was waiting to discuss the matter with Town Attorney Joe Brecher - who has been on vacation - and it is still under discussion in closed session.

"I don't know who Mike thinks he is, talking about a personnel matter that's unresolved. It's just wrong," Tremaine said. "If he can't do any better than that, he ought to resign."

Bengyel was hired in July 2001 to oversee Fairfax's day-to-day operations. He took over the job of town manager, which involves managing a $4 million annual budget and more than 30 employees, just before Fairfax began suffering financial problems related to the national recession and the state budget deficit.

When asked yesterday about his employment status with the town, Bengyel said he would make an announcement at the Nov. 9 Town Council meeting.

"There's no decision made," Bengyel said.

The Town Council earlier this year voted 4-1 - with Ghiringhelli casting the lone dissenting vote - to ask voters to approve the $125-per-parcel municipal services tax increase known as Measure L. The increase, which would end after five years, would be used to maintain local police and fire services at a time when the town is facing a $300,000 deficit in each of the next three years.

Ghiringhelli requested a performance review of Bengyel in September after former planning director Ken Kirkey and former building official Steve Pantazes resigned within a week of each other.

Ghiringhelli said Bengyel was supposed to have made an announcement regarding his employment status at the Oct. 5 council meeting, but Bengyel and Mayor Frank Egger agreed to delay the announcement.

"They decided Alan wouldn't resign until after the election because they wanted the election to go smoothly," Ghiringhelli said.

Egger, citing confidentiality rules for closed-session issues, denied an attempt was made to delay the announcement.

"The reason there hasn't been an announcement is he's looking for another job," Egger said.

Councilwoman Susan Brandborg also declined to discuss the closed session, and would only confirm Bengyel is seeking another job.

Councilman Larry Bragman said he considered Bengyel's employment to still be a closed session matter. When asked whether a decision was made to delay announcing Bengyel's departure until after the Nov. 2 election Bragman, after a long pause, said, "I can't comment on it. I don't want to get into it."

Under the state Ralph Brown Act, a public body can discuss personnel matters in sessions closed to the public.

But Peter Scheer, attorney and executive director with the California First Amendment Coalition in San Rafael, noted the council has an obligation to announce any decisions made during closed session. He said the council could avoid announcing Bengyel's departure by not establishing his final day or by not making a formal decision as to whether he was fired or he resigned.

"The obligation to report may not kick in yet," Scheer said.

Ghiringhelli said he has kept quiet about the situation until now, but decided to speak out because he believes the public has the right to know about an important council decision.

"Decisions we made a month ago shouldn't be held over until after the election," Ghiringhelli said. "There was no vagueness."

By Tad Whitaker