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Former Turlock City Manager Tim Kerr has filed a lawsuit against the City of Turlock as a result from a claim denied by the City.After Kerr’s January 13, 2009 termination and April 2, 2009 claim to the City of Turlock, Kerr has not been able to get what he feels is owed to him according to his employment contract.
The City of Turlock has hired a lawyer who is expected to respond to the lawsuit soon.
Tim Kerr’s lawsuit is seeking $37,337.19 as a retirement payment he feels is still owed to him and legal costs while there is not a total amount listed.
Kerr’s April 2, 2009 claim for $49,583.78 states the City breached his employment agreement, specifically City Attorney Phaedra Norton’s refusal to authorize payment of his retirement contribution at the time his severance was paid.
Kerr’s severance package was worth around $180,000, including nine months’ pay, payout of unused sick leave, vacation, holidays and management leave.
Kerr’s claim states that he received all the benefit payments except his retirement benefit contribution.
“Because the City Attorney required that I accept a lump sum severance payment upon which retirement benefit contributions could not be paid, prior to my termination date of February 13, 2009, I filed an application with PERS to personally contribute the $37,337.19 which the City was contractually obligated to pay. Accordingly, I am now seeking this amount from the City as part of this claim,” states Kerr in his claim.
Former Turlock City Manager Tim Kerr was fired on January 13, 2009 by a 3-2 council vote in a close session meeting. No official reported reason was ever given for Kerr’s firing. Kerr was put on paid administrative for 30 days.