AGENDA TITLE:
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Adopt Final Resolution Removing Scott R. Carney From the Office of City Manager Pursuant to Lodi Municipal Code Section 2.12.050 and Providing For An Effective Date (CA)
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MEETING DATE:
November 5, 2025
PREPARED BY:
Katie O. Lucchesi, City Attorney
recommendation
RECOMMENDED ACTION:
Adopt a final resolution removing Scott R. Carney from the office of City Manager pursuant to Lodi Municipal Code (LMC) Section 2.12.050 and providing for an effective date and all other purposes.
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BACKGROUND INFORMATION:
Pursuant to LMC Section 2.12.050 and Section 13, subdivision (b) of Mr. Carney’s Employment Agreement, at least thirty (30) days before any City Council decision to remove a City Manager will become effective, the City Council must, by a majority vote of its members, adopt a preliminary resolution stating the reason(s) for his removal. On October 6, 2025, Council met during Closed Session at a special meeting to discuss the public employee performance evaluation/discipline/dismissal/release of City Manager, Mr. Carney. During that meeting, the City Council unanimously adopted preliminary Resolution No. 2025-176, a copy of which is included as Attachment 1 (“Preliminary Resolution”).
A certified copy of the Preliminary Resolution was electronically mailed to Mr. Carney’s designated legal representative on October 6, 2025, with hard copies also mailed by United States Postal Service first class mail and certified, return receipt requested to him the same day. LMC 2.12.050 does allow a city manager to request a public hearing on the intent to remove if submitted in writing within ten days of receipt of the preliminary resolution. However, the City did not receive a written request from Mr. Carney for a public hearing on the Preliminary Resolution within the ten (10) day period required by LMC Section 2.12.050. Therefore, no public hearing was required on the item.
Based on the October 6, 2025, adoption date of the Preliminary Resolution, the thirty (30) day advance notice period before final removal of Mr. Carney can take effect will been met on November 5, 2025, and Council can move forward with an effective date for removal any day after that.
Therefore, City Council may now consider adoption of the final resolution removing Scott R. Carney from the office of City Manager effective November 6, 2025 included as Attachment 2.
STRATEGIC VISION:
N/A
FISCAL IMPACT:
Not Applicable.
FUNDING AVAILABLE:
Not Applicable.