Stockton City Manager Harry Black has resigned from his post to avoid being fired by the City Council.
Black is poised to receive more than $400,000 in severance pay and benefits from the city. His last day of employment will be Feb. 28, though he will be on leave effective immediately, for which the city will compensate him.
The council unanimously approved Black’s resignation following a special closed session meeting Thursday evening that lasted nearly three hours. He voluntarily left his post in lieu of a “no-cause” firing, with both parties also agreeing not to disparage each other.
Deputy City Manager Will Crew was unanimously appointed to step in for Black as the city searches for a permanent replacement.
“We thank Harry Black for his service to our city, our community and to our residents,” Mayor Christina Fugazi said in a news release following Thursday’s meeting. “We wish Harry the very best in all his future endeavors.”
In turn, Black is quoted in the same release as saying that he was “honored and pleased” to have worked for Stockton and its residents for the last five years.
“I want to thank the mayor, city council, the residents and businesses of Stockton for allowing me the distinction and honor to have served the people of this wonderful city,” Black said.
Black was hired in early 2020 just before California mandated a statewide lockdown during the initial phase of the COVID-19 pandemic. His tenure with the city was marked by both successes and controversies.
In August, the City Council extended Black’s contract another four years following a positive performance review and gave him an 8% pay raise.
However, four new representatives officially took their seats on the City Council dais this week, including a new mayor. The event marked a changing of the guard on the seven-member governing board following the 2024 election.
Taking up the issue of whether the city manager’s employment should continue marked the first big-ticket item the council has tackled since its new members took office Jan. 1.
The city announced Wednesday afternoon, less than 24 hours after the council’s swearing-in ceremony and first meeting of the year, there would be a special closed session the following day. Just three items of business were listed on the agenda, including the “discipline/dismissal release” of an unnamed public employee to be followed directly by the appointment of another public employee — the “City Manager.”
The third item on the agenda was described as a discussion with the city attorney surrounding “anticipated litigation.”
Black’s new contract included specifications for if the City Council were to terminate his employment early.
For example, the council was required to give Black at least 30 days termination notice so long as he “is able and willing to perform his duties.”
He also would be entitled to severance in the form of a one-time lump sum equal to 12 months salary, deferred compensation contributions, such as retirement, and any accrued vacation leave. The city also would be required to continue providing life, medical, dental and vision insurance for Black and his dependents for a year.
As part of Black’s voluntary resignation, the city has agreed to honor these stipulations in his contract.
However, Black would have been denied these benefits, including any advance notice, if the council had found “cause” to terminate his employment. His contract defines cause as “willful failure to implement Council policy, abandonment of his duties, conviction of a felony or misdemeanor in the course of his official duties or continued abuse of non-prescription drugs or alcohol that materially affects the performance of his duties.”
Black, Fugazi and the rest of the City Council either declined or did not respond to requests for comment after the meeting.
There was also a heavy police presence Thursday not typically seen at City Council meetings. Following the special session, Fugazi was seen being escorted to her car by several officers.
Fugazi restricts public comment on Black’s employment
Despite the short notice, the City Council Chamber was brimming with concerned community members as Fugazi called the special session to order.
The atmosphere was markedly different than it had been two nights earlier when the new mayor took her oath alongside freshmen councilmembers Mariela Ponce, Mario Enríquez and Vice Mayor Jason Lee.
Fugazi, who took over the helm from former Mayor Kevin Lincoln, said at Tuesday’s swearing-in ceremony that this new council valued transparency and the community’s input. She also pledged members would work together for the betterment of Stockton.
“People don’t want any more of the status quo. People want accountability, transparency and to be heard,” Fugazi said.
The event, which also served as the council’s first official meeting of the year, had marked a significant shakeup on the council.
And with hundreds gathered at the Bob Hope Theatre in downtown Stockton, it was a jovial affair. Community members continued to line up for more than 90 minutes to congratulate to the new and returning councilmembers and express hope for Stockton’s future. No time limits were imposed on public comment by the council that evening.
However, Fugazi’s first order of business after calling Thursday’s special closed session meeting was to announce that public comment would be limited to two minutes per person and not to exceed a total of 20 minutes.
Only 11 of the 16 community members who requested to speak made it to the microphone before the council adjourned to discuss Black’s employment future.
There were disgruntled murmurs from attendees as Fugazi rapped her gavel to signal the start of closed session just 27 minutes after the meeting began. “So you don’t care about what the rest of the citizens think?” community member Steven Sievers shouted out from his seat in the front row.
After speaking over each other, Fugazi asked Sievers: “Do you want to stay in here, or do you want to go?”
Sievers promptly got up and walked out.
Councilmember Brando Villapudua implored Fugazi to reconsider enforcing a time limit on public comment and allow every resident in the room two minutes to have their voices heard. She declined the request, prompting Villapudua to call for a vote on the matter, which Councilmember Michael Blower seconded.
In a 4-3 vote, Fugazi joined councilmembers Ponce, Lee and Michele Padilla in denying the motion. Councilmembers Villapudua, Enríquez and Blower voted to approve.
There were mixed reviews on Black’s possible firing from those who were able to speak in the 20-minute window.
“What a difference it makes, from (Tuesday) night to tonight,” Pastor Trena Turner said during public comment.
She recalled her excitement at the swearing-in ceremony for the possibility of this new council pulling together to get things accomplished. She then described herself as “disheartened by the first potential action of this council” and questioned the timing.
Former Councilmember Dan Wright, now a San Joaquin Delta College trustee, denounced the council’s handling of the matter. Wright, who served two terms on the City Council and voted to extend Black’s contract last summer, handed over the responsibility of representing the council’s District 2 to Ponce on Jan. 1.
“There’s a way to do this,” he said. “How you’re thinking of doing it tonight is not right.”
The Rev. Ernest Williams also blasted the appearance of any potential behind-the-scenes decision making by councilmembers.
“The stuff that you’ve done behind the walls, behind the curtains, in the dark, it ain’t going to fly,” he said.
But several speakers also voiced support for Black’s firing, including regular council meeting attendee Julie Dunning.
“It’s with a heavy heart I stand before you tonight. These matters are never easy, regardless of the circumstances,” Dunning said. “But over the past two years, I’ve become increasingly concerned and frustrated over the lack of transparency, accountability and responsiveness from the city manager’s office on matters of public concern.”
Yolanda Amen also urged the council to fire Black in favor of the opportunity to choose a new city manager “who prioritizes the best interest of our city and its residents in every decision made.”
The Stockton native says she’s lived in Weston Ranch since 1995 and has witnessed many changes in the city over the years, both good and bad. Amen said Thursday that she now sees potential in the City Council’s new makeup for the changes that she and the rest of Stockton have longed hoped.
“However, I am concerned about the current city manager’s ability to collaborate effectively during this critical time of change for our city,” Amen said. “I question whether he could be willing or capable of working in the direction that Stockton is about to take.”
At the 20-minute mark, Fugazi announced public comment was over and attendees were asked to clear the room before councilmembers adjourned to closed session to discuss Black’s fate.
Dozens of people opted to wait outside to hear councilmembers’ decision. The closed session lasted nearly three hours.
“We’ve just had petty backbiting among our local leaders for years,” Sievers told Stocktonia outside the chamber before Black’s resignation was announced. “The only consistent thing we’ve had is a great city manager in Harry Black.”