Transparency issues aren't rare at Irving City Council meetings

June 14, 2009

Brandon Formb

The Dallas Morning News

Irving City Council members made City Manager Tommy Gonzalez one of the highest-paid city managers in Texas last week before ever disclosing to residents the scope of his new compensation and benefits, which could reach nearly $450,000.

But the lack of transparency is not rare at council meetings, where publicly posted agenda items sometimes belie what council members actually vote on and undershoot what projects actually cost.

Details of contracts and agreements are often not released before the council votes, city officials say, because changes and tweaks go down to the last minute.

"I don't know why that is, but I don't like it," said Beth Van Duyne, the only council member to vote against the city manager's contract.

Most council members, though, don't believe they're being secretive or disingenuous.

"We certainly have a lot to get done, and we are certainly interested in efficiency," Mayor Herbert Gears said. "But I don't believe there's any issues with transparency."

Van Duyne said that last-minute changes sometimes lead to council members not knowing exactly what they are voting on. She said she's still unsure of the grand total of what the city could pay Gonzalez, who could not be reached for comment.

"I think we are asked to vote on things that we have just gotten in our hands," Van Duyne said. "It's unnerving how often that happens."

Last year, the council agreed to spend more than $3.8 million during pipeline construction and $1.7 million annually to pump water from Oklahoma to North Texas. But the council's detailed agenda only mentioned a $500,000 cost, which turned out to be earmarked for legal fees.

In October, apartment industry leaders criticized the council for not giving them enough time to vet a 166-page overhaul of city ordinances that included regulations about who could and could not rent certain apartments in the city.

Earlier this year, an agenda item for a $33,000 agreement with a hotel mentioned an employee recreational event aimed at cultivating cultural diversity. But the actual contract described the event as a Christmas party for the city's staff.

Van Duyne asked city officials about that disparity at a council meeting last month, which began with a video featuring city staff.

"Just like you saw in the video, there's a lot of diversity," Gonzalez told her.

Gears and other council members said that if residents had wanted information on Gonzalez's contract, they could have asked that the item be pulled from the consent agenda.

"You've got to participate in the process," said City Council member Rick Stopfer. "You can't just sit back and say, 'They didn't tell me everything I wanted to know.' "

Gears said in the case of Gonzalez's contract, he and his colleagues had plenty of time to vet what they were voting on.

"I have not received any complaints to the contrary," he said.

But when asked about the maximum amount the city could end up paying Gonzalez in salary and benefits, council members either said they did not know or dodged the question.

Council member Sam Smith estimated that Gonzalez in the next year would make in the "low 300s" because some of his benefits are tied to performance measures that "may not happen." Smith also said he had no doubt Gonzalez's performance would trigger the benefits.

Council member Joe Philipp said he had "no idea" what the maximum amount is that Gonzalez could make but estimated that the city manager's base salary was about $248,000.

"Anything and everything else is at risk," Philipp said. "He has to perform and exceed expectations."

Gears and Smith said they don't believe Gonzalez could become the highest-paid city manager in the state.

"You would probably find details in other city managers' contracts with the same kinds of conditions we put in this contract," Smith said.

But according to an Irving benchmarking study that included the pay of top city hall officials from Texas' largest cities, Gonzalez's potential salary and benefits would be tops.

Still, Gears said he's OK with that.

"I would challenge anyone to find any city manager in the United States who performs better and gets more results than Tommy Gonzalez," he said.

**By the Numbers**
Irving could spend more than $440,000 on City Manager Tommy Gonzalez's salary and benefits in the next year, according to a Dallas Morning News analysis of his existing contract, new amendments and city documents. That excludes a $150,000 loan Gonzalez will receive this year. Here's a look at the costs of some payments and benefits the city will provide:

$246, 384
Base salary

$52,500
Retainage fee scheduled to be paid in May

$52,000
Estimated contribution to deferred compensation and retirement accounts

$41,210
Maximum annual housing assistance/annual retention grant

$16,100
Texas Municipal Retirement System

$10,923
Medical insurance premiums

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