Suit says city manager reneged on separation offer

Former Elk Grove City risk manager Laurence Brilliant has filed a civil suit against the City of Elk Grove and City Manager Laura Gill alleging breach of contract in the commitments they made as part of his lay-off last spring.

According to the suit, which was filed in Sacramento Superior Court on Friday, March 12, Brilliant says he received written notification from city manager Laura Gill that the city council would consider eliminating his position during their May 27, 2009 meeting. Pending city council approval, his position would be eliminated effective May 29.

Subsequent to that meeting, the suit says that then deputy city manager Frank Ovieda made an offer to Brilliant that if he voluntarily resigned prior to the council meeting, he would be given two extra CALPERS service credits. Brilliant says that Ovieda represented that he was acting with the permission and authority of Gill when he made the offer.

In return for this, Brilliant would have to forgo his opportunity to wait for the city council’s approval of elimination of his position and he would forgo his opportunity to address the city council.

The suit says that Brilliant accepted the offer but later was informed by Ovieda that Gill said the city rescinded the earlier offer. The lawsuit also says that Brilliant sought administrative relieve prior to filing suit.

The suit alleges breach of contract, breach of covenant of good faith and negligence on the part of the city and Gill. The suit does not state a specific amount of damages being sought.

Gill and city attorney Susan Cochran declined to comment for this story.

 

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