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 Council to take no action against Tussing By TOM HOWARD Of The Gazette Staff www.billingsgazette.net The City Council avoided a legal showdown with Mayor-elect Ron Tussing Friday by voting to take no further action on whether he violated a severance agreement with the city by running for office. The council ended the longstanding controversy on an 8-3 vote at a special meeting Friday afternoon. Councilman Larry Brewster moved to terminate any additional legal action regarding Tussing's employment status and his severance contract with the city. Joining Brewster were council members Dave Brown, Vince Ruegamer, Chris "Shoots" Veis, Nancy Boyer, Ed Ulledalen, Don Jones and Mayor Chuck Tooley. Council members Peggie Gaghen, Shirley McDermott and Richard Clark voted no. The council also appointed a committee composed of Boyer, Brewster, Ruegamer and Clark to meet with Tussing and discuss his working relationship with Acting City Administrator Tina Volek. Tussing, the former Billings police chief, ran for mayor following his resignation last May after a lengthy employment dispute with former City Administrator Kristoff Bauer. Tussing is slated to take office during a special meeting to be held just prior to the council work session next Tuesday. New council members Joy Stevens and Jim Ronquillo also will be sworn in. McDermott said there's no question Tussing can serve as mayor, but she urged the council to take steps to enforce the terms of the $160,000 severance agreement he signed in May. Gaghen said she doesn't object to Tussing serving as mayor, but she worries about setting a precedent if contracts with the city can be voided. The council opted to take no further action against Tussing after reviewing a legal opinion prepared by Billings attorney Tom Singer, who was hired earlier this month. Singer was asked to review a variety of questions pertaining to whether Tussing is a city employee and whether he violated the terms of his severance agreement when he ran for office. As part of the 11-page opinion, Singer advised the council not to pursue legal action against Tussing. "In general, the likely outcomes of litigation do not seem favorable for the city and I cannot recommend such action," he wrote. Singer cautioned the council that taking legal action against Tussing could cost up $250,000, and there's no guarantee that the city would prevail. The council has discussed the possibility of taking legal action against Tussing several times since he announced his candidacy in early June. Some council members believe Tussing violated the severance agreement and should be required to repay the money. The agreement says in part that Tussing "promises and covenants not to apply for employment or renew his application for employment with the City or the Billings Police Department, and any other entity at which Kristoff Bauer or Tina Volek are employed."
The four-member committee plans to talk to Tussing about the anti-disparagement clause involving Tussing and Volek that's included in the severance agreement. In his opinion, Singer said that Tussing, as presiding officer on the council, will participate in the annual performance review of the city administrator. Were Tussing to disparage Volek in any way, she might allege that his criticism was related to the issues that arose between the two prior to Tussing's resignation, he wrote. Singer also told the council that Tussing is in an "odd situation" because as mayor he'll be an agent of the city. His actions in that role bind the city and create liability for the city because he'll have supervisory duties over the city administrator. Tussing said he's ready to put the contract issue behind him, and he hopes that the council is too. "When I signed the (severance) agreement, I moved on," Tussing said in a telephone interview from Helena where he was visiting relatives. "I think it's clear that a majority of the electorate moved on, and I'm hoping that a handful of council members can move on as well." Tussing said he's willing to meet with the other council members. He said Volek has been professional and very helpful to him during the transition period after the November election. On Thursday Volek said she intends to abide by the terms of the agreement that she signed last May. Public comment was about evenly split between people who urged the council to take action against Tussing and those who urged them to back off. "I want my $160,000 back," said Dave Bovee, who ran unsuccessfully for mayor against Tussing. He said the city shouldn't have to pay people to go away. Mary Westwood said the legal issues are complicated, but she urged the council to look out for the rights of the city's residents by trying to enforce the terms of the contract. She said the city's insurance carrier would pay for any legal fees. "I have no trouble with Ron Tussing taking a seat as mayor. But it's up to Mr. Tussing to see if he lives up to the honor of the title of mayor," Westwood said. Merry Ann Peters, a Tussing supporter, urged the council to move on and begin 2006 with a fresh start. Published on Friday, December 30, 2005. Copyright © The Billings Gazette. |