KYLE — Following former city manager Scott Sellers’ resignation effective Sept. 6, 2022, the city agreed to pay the former employee with a “special separation benefit,” which consists of a lump sum payment of $179,480.37, as well as up to 480 hours of accrued, unused sick and vacation leave as of the resignation date.
“Employee and City wish to end their employment relationship in an amicable matter, which includes terminating the Employment Agreements so that this employment separation does not cause the City to incur contractual liability to pay Employee through the end of the term,” the agreement stated. “Employee and the City agree that there may be contention or ambiguity over whether, how much and under what situations the Employment Agreements require payment to the Employee, and mutually wish to avoid litigation or other continuing disputes.”
Sellers’ departure stemmed from a neutral third-party investigation, which reported “no findings of unlawful harassment or discrimination,” according to the Separation, Release and Waiver Agreement between Sellers and the city of Kyle.
As previously reported, the former employee was on an unplanned sabbatical from June 24, 2022 to July 23, 2022, when council placed Sellers on paid administrative leave, pending the results of the investigation into allegations of sexual harassment of a city of Kyle employee.
During his sabbatical, “[the city manager]will not be on call for routine business of the city but will be available to deal with extraordinary situations that may threaten the well-being of the city and/or its employees,” according to his Second Amended and Restated City Manager Employment Agreement, which was effective April 5, 2022.
According to the Separation, Release and Waiver Agreement, which “supersedes any and all other oral or written agreements … concerning employee’s employment,” the “special separation benefit” was equal to seven months’ salary. In addition, the city agreed to reimburse Sellers for “any reasonable expenses incurred on behalf of the city.”
In an inquiry from the Hays Free Press, director of communications Rachel Sonnier said, “reimbursements have been requested,” though she did not specify how much the reimbursements totaled or if they were approved by the city.
Further, the city agreed to pay for any legal fees accrued due to proceedings in the event that Sellers be sued, unless it’s determined he has committed official misconduct or acted in bad faith. This is the only clause from his contract that was not superseded by the Separation, Release and Waiver Agreement.
The Hays Free Press has requested additional records from the city and is currently awaiting a ruling from the Attorney General regarding their release.
