The City of Fernley’s termination of Deputy City Manager Lydia Altick last week adds another name to a growing list of senior employees who have left City Hall amid years of turnover, internal conflict and unresolved questions about the relationship between elected officials and professional staff.
Altick had also served as acting city manager during a period when Fernley lacked permanent leadership in the position. Her departure came on June 30, the last day of the fiscal year, as the city moved toward a new organizational structure that changes how top-level staff are arranged and supervised.
Councilman Ryan Hanan said that he had not been provided a full public explanation for Altick’s termination, including whether it was related to performance, restructuring or another cause.
Barry Williams, who was hired as the public works director originally, is now serving the city as the chief operations officer.
The departure of Altick deserves scrutiny as the city works to reorganize its administrative offices. That reorganization comes on the heels of an independent workplace investigation that found Councilman Albert Torres had engaged in a sustained pattern of demeaning, confrontational or intimidating conduct toward city employees.
The investigation was completed on Feb. 12 by attorney Timothy Sutton of Sutton Law & Consulting Group. Sutton interviewed eight witnesses, reviewed city policies and examined recordings of several council meetings.
Using a preponderance of the evidence standard, meaning the investigator found the allegations more likely than not to be true, Sutton concluded Torres had violated the city's employee bullying policy and council rules requiring elected officials to treat employees with dignity, courtesy and respect.
The report said the conduct harmed employee morale, affected participation in meetings and diminished confidence in the city's governing process. Torres declined to participate in the investigation, calling it frivolous and retaliatory, but requested a copy of the completed report.
Despite those findings, the council never publicly considered possible discipline against Torres. The matter appeared on the March 4 City Council agenda and called for discussion of Torres' competency, character or alleged misconduct, including the results of the Sutton investigation. Possible actions listed on the agenda included censure, removal from boards or committees, expulsion or a request for resignation.
But before the council reached the item, Councilman Joe Mendoza moved to remove it from that meeting and "any and all future meetings." Councilwoman Felicity Zoberski seconded the motion.
Torres voted in favor of removing the item. The motion passed 3-2, with Zoberski, Torres and Mendoza voting yes and Hanan and Councilman Stan Lau voting no. Because the motion passed by a single vote, Torres' participation determined the outcome.
Hanan questioned during the meeting whether Torres should be allowed to vote on an item concerning allegations against him.
According to the minutes, Torres cited Nevada's ethics law and acknowledged the matter affected his personal character or competence. He said, however, that he did not believe a reasonable person in his position would have his independent judgment materially affected and announced that he would vote.
Hanan objected, stating Torres should refrain because the matter directly concerned his character and competency. No motion to reconsider was made.
Nevada's ethics statute generally addresses gifts, loans, significant financial interests and commitments in a private capacity. Whether Torres' vote violated that law has not been determined by the Nevada Commission on Ethics or a court.
But regardless of the narrow legal question, the governance issue remains: Torres cast the deciding vote to prevent the council from considering an investigation that substantiated workplace policy violations against him.
That unresolved matter is now in the background of Altick's departure.
According to Hanan, Altick was not told that her work was deficient or given an opportunity to correct alleged shortcomings before the city decided to end her employment. He also said she had previously received positive evaluations.
The Fernley City Council will hold a regular meeting on July 15 at 5 p.m. at City Hall, 595 Silver Lace Blvd.
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