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07.03.2009 5:08 pm
Mayor Bill Hennessy calls Lowery buyout “right thing to do”
Mark Schlinkmann
St. Louis Post-Dispatch

Mayor Bill Hennessy of O’Fallon said Friday he agreed to a buyout package for former City Administrator Robert Lowery Jr. because it was “the right thing to do.”

Hennessy

Lowery’s total payout under the agreement, approved by Hennessy and the City Council late last month, could reach $176,000.

Hennessy didn’t elaborate on his reasons but said there had been an “amicable split.” Lowery could not be reached for comment Friday but his attorney, Chet Pleban, also has described the parting as amicable.

“When Mr. Lowery resigned, I accepted his resignation and thanked Bob for his years” of service, Hennessy said.

Lowery, who was hired by former Mayor Donna Morrow in 2005, did not have a contract.

A city ordinance says the city administrator serves “at the pleasure of the appointing authority” and can be removed “at will” by the mayor with the consent of a majority of the old Board of Aldermen; the city’s governing body is now called the City Council.

The ordinance also says Lowery could have requested a public hearing within 30 days of notice of removal and that he could get four months of salary after his removal - which would be about $47,000 - as long as no “acts of dishonesty” or moral turpitude were involved. His salary was $141,627 a year.

Hennessy had promised to replace Lowery during his successful campaign for mayor earlier this year.

The separation agreement includes about $54,000 in compensation for 806 hours of unused vacation, holidays, sick days and other time off owed between Lowery’s hiring in 2005 and Jan. 15 of next year.

Lowery

City officials when they released a copy of the agreement on Wednesday did not specify how many unused hours were involved; that was clarified on Thursday.

Lowery resigned as administrator effective Tuesday but will continue to be paid his regular salary through Jan. 15 while he acts as an adviser to the city; the adviser role ends Oct. 15 of next year. He is not required to work fulltime, Pleban said. He also will get a signing bonus of $10,828 and deferred compensation next year of $34,172.

The agreement says Lowery won’t sue the city. If Lowery lands a job with another Missouri municipality  before Jan. 15 and is eligible to participate in the state retirement system for local employees, he will repay the signing bonus and won’t get the deferred compensation. If he gets such a job between Jan. 15 and Oct. 15, he’ll have to repay part of the signing bonus.

Lowery’s departure follows months of controversy. In January, the council suspended Lowery with pay and hired lawyers to investigate allegations of wrongdoing.

The inquiry, which cost more than $45,000, turned up no improper activity. He was reinstated Feb. 26. Lowery at one point said his constitutional rights were violated after he blew the whistle on unspecified wrongdoing by some council members.

Then Hennessy was elected in April to succeed Morrow, who didn’t run for another term. Pleban said Lowery believes it makes sense for Hennessy to be able to pick his own administrator.


Article printed from Chas Beat: http://www.stltoday.com/blogzone/chas-beat

URL to article: http://www.stltoday.com/blogzone/chas-beat/politics/2009/07/mayor-bill-hennessy-calls-lowery-buyout-right-thing-to-do/

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