HUTCHINSON – Following two hours of executive sessions, the Hutchinson City Council Tuesday afternoon terminated City Manager Kendal Francis “for cause” by a vote of 3-2, citing sections of the employee handbook regarding horseplay and sexual harassment.
Francis defended himself, saying the action was an unjustified response to his leadership style. He admittedly challenged “the old-boy network” and “ruffling a few feathers.”
Francis had served as the Great Bend city administrator for five years before resigning this past December to take the job in Hutchinson.
The Hutchinson council’s executive session to discuss non-elected personnel was added to an amended agenda issued Monday. This was the latest of a series of closed-door sessions regarding this matter, council members said.
When the council reconvened in open session, Mayor Jon Richardson said the investigation found that there were no fewer than two instances of policy violations regrading “creating or contributing to an unproductive work environment, participating in or allowing horseplay” and at least one incident in regards to acts “that would be considered lurid whistling or physical contact such as touching.”
“So two and a half weeks ago, I was placed on administrative leave for an accusation of sexual harassment,” Francis said. “It’s clear that was unfounded, otherwise, we wouldn’t have gotten to this point. You’ve had multiple executive sessions. You would have terminated me much quicker than this if that had been true.”
He said he was interviewed by the investigator for several hours, with only a portion of that time spent on germane discussions. A lot of the questions were personal and had nothing to do with the incidents at hand.
“And it’s clear to me that you are using this opportunity to find a way to get rid of me because I had started doing something against the old-boy network and it made people uncomfortable,” Francis said. “I’m just telling you, as long as that’s continued to be allowed here, you’re not going to have any success finding the next city manager.
“I changed some things,” he said. “Did I ruffle some feathers? Absolutely.”
There could have been better communication and there’s always room for improvement, he said.
But, they should have at least offered a “probationary period to prove to you that I that I was telling the truth,” he said. That clearly wasn’t an option, he said. “I’m disappointed. I’m sad for this community because it is a great community. It has a lot to offer, but it needs leadership. And it’s lacked leadership for a long time. And now it’s going to continue to lack leadership.”
“I can appreciate those thoughts,” Richardson said. “I think your approach to management and the possibility of ruffling feathers is not in question. I actually I tend to like the way you handle yourself in regards to being assertive and getting out there and getting things done, and getting out in the community.”
However, eventhough Francis had a plan to rectify the issue, “once the bell has been run, it can’t be unrung,” said Richardson, who was one of the three voting for Francis’ ouster.
But, “I am disagreeing with this. I think we should give you another chance,” said Councilman Steven Garza who voted against firing Francis. “I think you have tremendous leadership. Just like we have employees who make mistakes, you’re human just like the rest of our employees. I don’t think he should be fired. I think he should be given another chance.”
“I also believe it can be fixed,” said Councilman Stuart Conklin, the other vote to keep Francis. There were mistakes, but not serious ones.
“He’s done a good job and he can lead going forward,” Conklin said, hoping he could change the mind of at least one more council member. “The good-old-boy network, it’s got to be stopped.”
If they were looking at a situation where the city manager was younger and less experienced, this might be less of a problem, said Councilwoman Stacy Goss. But, Francis has years of experience, degrees and certifications.
“Managers need to be above reproach and your behavior does not indicate that,” said Goss, who voted for termination. “I don’t believe that we’ve expected too much of you. I believe that we’ve expected the appropriate amount of behavior in line with the handbook and not following those guidelines would be detrimental.”
But, “I just think we’re losing a good opportunity here,” Garza said. “And I don’t know what else to say. I can’t convince you.”
Greg Fast, vice-mayor, was the third vote to remove Francis.