City Council Fires City Manager Takata Denying Any Severance Pay
3/26/14 – The Banning City council says it finally “has lost confidence” in former City manager Andrew
Takata . Takata had resigned on January 14, 2014, pending an agreement for remaining severance pay as provided by his contract.
According to a statement read by City Attorney David Aleshire, Takata was offered a severance pay of $ 275,951.67 which he first accepted but subsequently declined.
Takata is represented by attorney Bradley Gage who also represented former Police Chief Purvis, who received over $ 300,000 when he was removed.
The following video was captured live during open session on 3/25 :
It is noteworthy that the statement mentions “reports in the media about various matters that have not reflected well on the City or the City manager”.
Neither the Record Gazette nor the Press Enterprise have ever published any articles critical of Andrew Takata’s management style. Therefore, this is a clear reference to articles published about Takata in the Banning Informer, for example this one here , here or here.
Apparently the case against Takata brought forward by the Banning Informer was so compelling, that it convinced the entire City Council to fire Takata for “cause”.
NO ATTORNEY’S FEES CLAUSE IN TAKATA’S CONTRACT
Takata may be willing to fight the City’s decision, but it will now cost him dearly. His contract (view) does not contain an “attorneys fees clause”, which means that Takata will have to pay his own attorney fees, even in the unlikely event that he wins in court.
In order to go to trial in this matter, Takata’s attorney’s fees will easily exceed $ 100,000 and may even approach the sum he was offered by the City ($ 275,951.67), but decided to turn down. Therefore, the City Council will be well advised not to give in and settle a potential litigation by Takata, but to fight him in court all the way through trial.
Takata’s greed has backfired. There is no severance pay on the table anymore. Our advice to the Council has always been : DON’T PAY HIM A DIME !
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