In the Mayor’s Opinion
The fires over Will He Go or Will He Stay were stoked a little hotter today. Mayor Gary Silbiger joined Council colleague Carol Gross in saying it is too early to make a firm statement. Like Ms. Gross, he was unwilling to unconditionally commit to Mr. Fulwood’s continued employment. “This could be very complicated,” said Mr. Silbiger, an attorney, “because anytime there is a new law, so many different interpretations exist. There is no necessarily right or wrong answer. Just depends on what you think is the right thing to do. There is no history to refer back to because you have created this law yourself. The city did. It could be really complicated.”
Which Way Will They Go?
Under the mayor’s explanation, the change in responsibilities for the chief executive carried the promise of a lengthy horse race that could turn sour under optimal conditions. The process promises to be worse than that with a City Council renowned for its infighting. As the mayor answered a question, he made it seem far more circuitous than switching the signs on Mr. Fulwood’s desk from Chief Administrative Officer to City Manager. “For me,” said Mr. Silbiger, “whenever there is a new position with new responsibilities, it is just that: a new position.” The mayor appeared to be saying that he believes the change amounts to starting over.
Mr. Silbiger said he “leans toward” opening up the job to all comers and inviting qualified applicants to declare their interest. “It is a different position,” the mayor said. “It is a different responsibility. The City Manager would have more responsibility than the CAO. He would be a more direct leader than the CAO is. We would have to evaluate and see who is out there. There may be people who were city managers in certain cities who would be vying for the job — along with Jerry. Any time there is a new job, we should look towards who is available.”
The mayor did not seem to close out the possibility that Mr. Fulwood could engineer a seamless transition. “The other way we could go is just to say that Jerry Fulwood is the person who has been performing the job. It would, of course, be a quicker process, a less expensive process if you do it that way.” Of Mr. Fulwood’s shiny new three-year contract that should take effect in several weeks, Mr. Silbiger says, intriguingly, that the January contract “was for Chief Administrative Officer,” not City Manager. “He is not going to be the Chief Administrative Officer anymore. In any case, if we do rehire him, he would need a new contract as the City Manager. How do you get out of the (January extension)? If he is going to be the City Manager, it will be just going from one position to another. If he’s not, there is a clause about releasing someone from his/her position. I would have to see what the terms say, and also check with our legal advisors.”
