Atwater’s Pietro reassigned to interim city manager

Atwater City Manager and Police Chief Frank Pietro’s job title was changed to interim city manager this month, apparently without the knowledge of some City Council members.

Pietro, who had been city manager, confirmed Tuesday that he signed a form last week changing his job title. The news of Pietro’s reassignment comes after the City Council wrestled with the possibility that the two offices Pietro holds are incompatible.

City officials worried the two offices pose a conflict because the police chief reports to the city manager – in this case, it’s the same person. Pietro had been doing both jobs for nearly three years.

The City Council met with City Attorney Stacy Henderson in closed session last month to discuss the situation, but no action was reported. The topic wasn’t brought up at a City Council meeting this week.

Members of the City Council, including Mayor Jim Price, told the Merced Sun-Star they had no knowledge of Pietro’s job title change and that no vote was taken on the issue.

Price told the Sun-Star last week that no decisions had been made to change Pietro’s job title or duties. He said the situation would be explained during a council meeting this week, which didn’t happen. Price could not be reached for further comment Tuesday.

Although Councilman Brian Raymond was absent for last month’s closed session, he said the news of Pietro’s title change was a surprise to him.

“I had no idea that City Manager Frank Pietro was being made interim city manager; I never would have supported that,” Raymond said. “I have no idea how this happened. I have been trying to get answers, and I’ve been stonewalled along the way.”

Henderson could not be reached Tuesday. However, her partner Tom Terpstra, also an attorney for Atwater, said his office would not have taken steps to change Pietro’s title unless the council had given its approval.

“My office would not take any action unless authorized to take action by our client,” Terpstra said in a telephone interview. “There will always be instances where there could be miscommunication between the City Council and members of our staff. I don’t think that’s what happened in this case, but it’s possible. If there was a miscommunication, it can be easily rectified.”

Whether authorized by the council or not, Pietro’s title change bears no adjustments to his salary, benefits or retirement plans, he confirmed. However, the longtime Atwater administrator said he believed the decision to make him interim city manager came from the City Council.

“I’m just a little shocked they weren’t part of this process, if that is in fact true,” Pietro told the Sun-Star. “I just would like to know one way or another where I stand.”

While city officials figure out how Pietro’s title changed potentially without approval, a number of Atwater citizens took to the podium Monday to support Pietro.

“After he has put in all the hard work, now is not a time to take a position away from him,” said Judy Walch. “He’s done a tremendous job in my opinion. I don’t understand why this is an issue now.”

Another speaker pointed out the city doesn’t have the finances to hire both a city manager and police chief. Pietro gets a small bump in pay for his role in public safety but receives one full salary.

“How lucky can the citizens of Atwater be to have a person who loves the city so much to do both jobs?” said Margaret Herrera. “I don’t think you’ll find anyone who wants to do two jobs for one pay.”

Pietro said he was “elated” by the outpouring of support Monday but was quick to credit his team for his accomplishments.

Terpstra stressed Tuesday that the job title change isn’t related to Pietro’s job performance, but rather the potential incompatibility of him being both city manager and police chief.

“Nothing could be further from the truth,” Terpstra said. “The public is making a mountain out of a molehill because they don’t understand. His job performance at every meeting is exemplary.”

This story was originally published March 10, 2015 at 7:26 PM with the headline "Atwater’s Pietro reassigned to interim city manager."