Sandra Emerson, Staff Writer
Created: 08/01/2012 03:53:25 PM PDT
UPLAND – The City Council’s decision in May 2011 to fire City Manager Robb Quincey has been upheld by an arbitration judge.
Judge Sam Cianchetti found that Quincey violated the city’s ethics rules and broke his employment contract by intentionally concealing his settlement of a claim brought by an Upland police officer who investigated a July 2008 domestic incident involving Quincey and his girlfriend.
“I think that the city is pleased that a very well-respected retired judge, Sam Cianchetti, has upheld the council’s decision to terminate Quincey,” said Timothy Owen, the city’s attorney.
Following arbitration proceedings in June, Cianchetti upheld the termination two weeks ago.
City officials kept the decision under wraps on their attorney’s advice until Wednesday, after they received permission from the judge to make it public.
“I’m just thrilled that it’s behind us,” Mayor Ray Musser said.
Quincey sued the city in November alleging his firing was without cause and sought $7.8 million in damages.
Quincey’s lawsuit also accused Mayor Ray Musser and Councilman Ken Willis of defamation and placing Quincey in a false light, which was thrown out by the judge prior to the week-long arbitration proceedings, Owens said.
It is still to be decided whether Quincey is owed compensation for unused leave and 30 days of wages.
“The city’s position is that Quincey is not owed anything, but the judge is going to want some additional information on that,” Owens said.
A final decision in the arbitration could be expected by the end of the month, he said.
City officials rejected Quincey’s claim in January, which triggered an arbitration clause in his employment contract.
Following the finalization of arbitration, the winning party will ask a Superior Court judge to award judgment and confirm Cianchetti’s decision, Owens said.
The City Council placed Quincey on paid leave in January 2011 following reports that he settled two claims in January 2010 involving Upland police for $50,000, which at the time surpassed the amount he was allowed to settle.
According to Quincey’s claim, the two claims were settled separately for $25,000 each, which was within his authority.
The council terminated Quincey in May for violating his employment contract and failing to follow specific direction, but did not specify the violations that resulted in the termination.
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