Last night, on a 4-3 vote, the town council replaced town attorney Tobin Rosen with an interim attorney.
Despite all the eloquent statements regarding Attorney Rosen and despite his own assurance to council that he will remain to help a transition, it was clear the Mayor Hiremath and Council Member Snider, Waters, and Hornat were in favor of the motion.
Eloquently, Council Member Mike Zinkin noted that there was no reason to appoint an interim attorney until January. Council Member Zinkin spoke eloquently regarding Mr. Rosen's performance for the town.
Member Burns concurred with Council Member Zinkin. He also noted that "firing" someone because they retire is wrong. They should continue their work until their retirement date, then move on with the thanks of the town. This is a common policy practice in industry and in the military.
Member Garner also concurred that Tobin Rosen should continue in his present role until his retirement date.
Tobin Rosen noted that his retirement will be effective as of January 3, and not sooner. It is his intention to continue to work as town attorney.
Council Member Hornat and Mayor Hiremath disagreed. They argued that the appointment of an interim attorney would make the transition "easier". Council Member Hornat noted his belief that employees who are leaving are not productive and should be relieved once they notice. He even suggested that the Council accept the retirement as of today.
Appointing an interim attorney will cost the town added funds since they will likely give the interim attorney an interim raise.
The motion passed 4-3, with Council Member Zinkin, Burns and Garner voting "no."
In essence, Tobin Rosen was replaced because he had announced that he will retire on January. Rather then exhibit decency in thanking Tobin for his hard work for Oro Valley and allowing him to complete his commitments to the town, the four members of council who voted to replace him sent a clear statement to all in town who wish to leave or retire. The message: "We don't trust you. Leave now." The result, people will simply quit their last day of work. They would be foolish to do otherwise.
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8 comments:
UNBELIEVABLE!
To appoint an interim attorney before Mr. Rosen's effective retirement day, is incomprehensible.
Mr. Hornat's comments are despicable. Where did he work? That is not an attitude or practice at most places of employment.
I commend Tobin Rosen for saying he intended to continue to work as town attorney.
Mr. Hornat asked for a future agenda item to continue discussion about Mr. Rosen's status. He said it's up to Mr. Rosen if it is done in private or public. I hope Mr. Rosen wants it discussed in public.
How did Mr. Rosen anger Mr. Hornat and Mr. Hiremath? Why would Mrs. Snider and Mr. Waters support this despicable action? Have these four council members violated Mr. Tobin's rights.
THIS COUNCIL'S MAJORITY caused this to be a very SAD day in Oro Valley.
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It is clear that something is afoot in the relationship among the four council members and Tobin. Council Member Hornat, in particular, was hostile toward Tobin. He even offered that the council could terminate Tobin's services immediately, paying him through his retirement date so that they could get on with replacing him.
Whatever the reason, it is clearly personal.
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Cares- You are right. The Mayor & Council's attack on Mr Rosen last nite was deplorable. It was bad enough when Council attacked members of the community from the dais but to publicly - with hostility - attack a man who guided them legally for 5 years is egregious! Apparently a Town Code of Conduct is set for a future agenda. It is clear that one is needed.
Tobin Rosen noted that his retirement will be effective as of January 3, 2013 and not sooner. It is his intention to continue to work as town attorney.
The Mayor and Councilmembers Snider, Hornat, and Waters voted to appoint Town Prosecutor Tobin Sidles as an Interim Town Attorney, effective October 8, 2012 (it was even suggested that it begin October 3, 2012) until a new Town Attorney is hired.
What was never discussed at the meeting was that Tobin Sidles has a job with the Town of Oro Valley as the Town Prosecutor. Common sense would tell us that Mr. Sidles cannot simultaneously and effectively perform two jobs at the same time. This means that the Town would have to hire another attorney in the prosecutor’s office.
A logical conclusion would be to let Mr. Rosen continue as Town Attorney until January 3, 2013. At the same time, a search could commence immediately to hire a new Town Attorney.
If a new Town attorney has not been hired by January 3, 2013, Mr. Rosen could be asked to continue temporarily in that position until the new Town Attorney is hired.
If the Mayor and Council feel that the new Town Attorney needs to be mentored when hired, Mr. Rosen could be asked to continue temporarily advising the new Town Attorney until he or she feels confident.
However, since any Town Attorney is advising Mayor and Council on existing law the day they start, we don’t understand the urgency of his replacement or the need for “interim help”.
Council Member Hornat noted his belief that employees who are leaving are not productive and should be relieved once they notice. He even suggested that the Council accept the retirement as October 3, 2012. In my opinion, that was insulting to Mr. Rosen who has performed admirably during his tenure.
As I stated at the beginning, Tobin Rosen noted that his retirement will be effective as of January 3, 2013 and not sooner. It is his intention to continue to work as town attorney. I believe Mr. Rosen is a man of his word and will continue to perform at his high standards.
John Musolf
Regarding Hornat's belief that employees who know they are leaving soon are not productive and should be relieved immediately...
Can we do this for council members, too? You know, like when they don't win re-election. Can they be removed immediately so the new person can be seated immediately? Because I don't want to pay the salary of a council member who is clearly going to be unproductive.
While I was not at the meeting it is my understanding that Mr Hornat stated that people are not productive after giving their notice. As a business manager for over 30 years that has not been my experience.
Lastly, does this mean that if Mr Hornat runs for reelection and is defeated then he should resign as soon as that is known and not serve out the remainder of his term.
It's a good thing the Town Council has all this 'advice' from such a learned group who I am sure are well informed. Especially the comment about it being "clearly personal".
It seems to be to be much ado about nothing.
Richard,
I agree that this is personal. I also noticed Mrs. Snider's silence while the discussion took place. No "sweet restatement" of what was happening, and no kind words for Mr. Tobin.
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