In the wake of city manager resigning–

The controversy over the fate of the current Thousand Oaks city manager took a new turn during Tuesday’s city council meeting, dividing the council further.

Instead of resolving the issue in a closed session during the meeting, the council called for an investigation into whether or not state laws had been violated concerning the possibly coerced resignation of longtime city employee Phil Gatch.

According to letters obtained by the Thousand Oaks Acorn, Gatch, the city’s 64-year-old city manager, was pressured to resign by Councilmember Andy Fox on March 23.

When the action became public, residents protested, arguing that Gatch, a 38-year employee of the city credited with authoring the city’s general plan, deserved better. Many singled out Fox as the instigator, supported by council members Jacqui Irwin and Dennis Gillette.

"I don’t know Mr. Gatch but I know that what was done to him was wrong," said Linda Brown, who was among more than 20 speakers, including several former city leaders, who spoke on Gatch’s behalf during the council meeting. "Lower level workers can have no faith in higher ranks if they see this kind of treatment."

Mayor Claudia-Bill de la Pena requested that outside counsel be called in to review the circumstances surrounding what’s been called a forced resignation to ensure no impropriety. But Gillette balked at the idea of spending an unknown amount of money on an inquiry and criticized the mayor for wanting to single out specific council members.

City Attorney Amy Albano suggested that the district attorney would be the appropriate party to investigate possible violations of the Brown Act violations. The Brown Act is California’s open meetings law that requires government business to be conducted in the open. Elected officials are specifically forbidden to take action behind closed doors or outside the public forum. Albano suggested writing a letter to the D.A.’s office, but pointed out that the district attorney may already be looking into the issue.

"They don’t tell us when they do that," Albano said. "They read the papers. They know what’s going on."

Fox took the mayor’s idea further, calling for an investigation into possible violations of the Brown Act over the past two years—from the time Gatch was appointed to city manager.

"I welcome an investigation," Fox said. "I didn’t violate any state laws or rules."

Irwin echoed Fox, adding that closed session discussions on the issue that were revealed to the public were Brown Act violations and deserved further investigation.

Bill-de la Pena also wanted the inquiry to include possible violations of city code, but such an investigation must be conducted by an outside counsel, something that Fox, Irwin and Gillette voted down. Only Councilmember Ed Masry supported Bill-de la Pena’s motion.

Larry Horner, who served on the council for nearly 17 years, including four terms as mayor, agreed that an investigation would clear up rumors and offer a resolution. But he felt that rather than focusing on the past two years, the investigation should only address the current issue of Gatch’s employment.

"What’s past is past," Horner said. "This situation appears to be a power struggle or a personal conflict. It should have been handled in an entirely different way."

Albano will draft a letter on the council’s behalf to the D.A., she said.