Complaint claims Kennewick city manager should repay $1 million

A self-appointed Tri-Cities government watchdog wants Kennewick’s city manager to pay back more than $1 million in salary and benefits.

Roger Lenk of Pasco has filed a complaint with the state, claiming City Manager Marie Mosley has not had a valid contract since January 2014.

The Kennewick City Council picked Mosley to became city manager in January 2011.

Lenk told the Herald that documents he obtained through a public records request show that her contract has not been amended, extended or renewed since it was first signed.

His citizen hotline complaint to the Washington State Auditor’s Office alleges without the city council formally extending her contract the agreement technically ended after three years.

The state Attorney General’s Office ruled in 1946 that city councils could not enter into open-ended contracts that bind future councils, according to Lenk’s filing.

It limits contracts that could bind future local government councils, boards and commissions to three years.

While it is a 74-year-old ruling, the AG’s Office has referred to it recently in a Yakima County Superior Court lawsuit seeking to invalidate the Wapato city administrator’s 2018 contract and remove him from office for largely unrelated reasons.

That administrator, Juan Orozco, was the focus of several civil lawsuits, eight findings by the state Auditor’s Office and several other accusations. He was hired on a seven-year contract but resigned 10 months after being appointed and the civil case was dropped.

While Lenk, a former Richland city employee, said it’s common for cities to renew their contracts with city managers every few years, it’s unclear whether the state has punished other cities that haven’t updated those agreements.

Mosley fired back at Lenk’s claim in a written statement to Herald. She pointed out Lenk isn’t an attorney and his theories are “irresponsible and defamatory.”

Lenk misinterpreted the lawsuit connected with Orozco to make his argument, Mosley said. There isn’t anything in her contract that “binds” future city councils.

“I completely disagree with Mr. Lenk’s ill-conceived allegations,” she said. “My continued employment at the city has no term limits and is at the discretion of the city council.”

Her performance is reviewed each year by the city council. And any pay increase is approved in an open meeting, she said.

The laws governing the hiring and firing of city managers says the manager is hired for “an indefinite term.”

There is no state law or Attorney General’s Office opinion that limits city manager terms to three years, she said.

The Washington State Auditor’s Office confirmed to the Herald that it received Lenk’s complaint. The office investigates suspected misuse of government property or waste of taxpayer money.

“When anyone uses our citizen hotline, those complaints are routed to the appropriate team,” said Kathleen Cooper, the director of communication for auditor’s office. “Addressing them can take a variety of routes, so each is assessed on its own merits.”

It’s unclear how long Lenk’s complaint will take to review.

Mosley contract

Mosley was appointed as the interim city manager after former City Manager Bob Hammond resigned on Sept. 1 , 2010.

She stepped into the role after serving as the director of support services and overseeing the finance department for nine years.

The city made that appointment permanent in January 2011 without going to a formal search process.

While the council agreed to hire her at the beginning of the year, her contract wasn’t finalized until April 2011. It guaranteed her a minimum $136,700 a year salary. As of 2018, it had risen to $191,200.

The contract includes a severance agreement that would pay her six months salary if the council terminated her employment, except for limited circumstances, such as being convicted of a felony.