Riverside Mayor Seeks Court Intervention In Dispute With Council

RIVERSIDE, CA — Mayor Rusty Bailey announced Tuesday that he is seeking court support for his veto of an "oppressive" contract that the Riverside City Council recently approved for City Manager John Russo, who stands to benefit from a municipally-backed home loan, increased pay and other perks over the next seven years.

"In five years as mayor, I have not vetoed a single action by the city council," Bailey said. "This action is so bad for the taxpayers of Riverside that I must stand against this action and will keep fighting this at every turn."

Bailey submitted a petition to the Riverside County Superior Court asking for judicial interpretation and action that could undo the council's Feb. 6 approval of a five-year extension to Russo's existing five-year contract with the city.

The petition specifically calls on the court to clarify provisions of the City Charter that authorize the mayor to veto a council vote except under exigent circumstances. The mayor is also asking a judge to order the council to schedule a re-vote to determine whether there are a sufficient number of council members still willing to stand behind the contract extension and override Bailey's veto.

"Mayor Bailey believes his oath of office prevents him from standing by and allowing the veto authority of the mayor's office to be attacked, especially with regard to the approval of this oppressive contract with the city manager," said spokesman Matt Rexroad.

City Attorney Gary Geuss has declared that because Russo is a council- approved appointee and a "charter officer," the mayor's veto is inapplicable.

Bailey said that Geuss has a conflict of interest, and his opinion should not be the final word on the matter.

On Feb. 23, Geuss reiterated his initial finding and received a supporting opinion from the Grass Valley-based law firm Colantuono, Highsmith & Whatley.

According to published reports, Michael Colantuono is an acquaintance of Russo's from when the latter was city attorney in Oakland.

Russo has declined to publicly respond to the mayor's concerns, saying only that he has met all of his obligations as manager.

Councilman Mike Gardner, one of the five council members who voted in favor of the contract extension, said recently that he understood the discomfort with such a lofty compensation package, but he believed it was justified to retain the "talent" necessary to help oversee the city's affairs.

Russo was hired in February 2015, and his current contract is due to expire in two years.

Along with the benefits contained in the contract extension, Bailey has blasted the notion that the city manager should be able to re-negotiate terms midstream, before the original contract is closer to expiration.

Under the five-year extension, Russo would be entitled to a city- backed $675,000 mortgage with a preferential interest rate; he and all of his immediate family would be entitled to free healthcare and dental care; his base salary, currently $415,988, would be automatically increased 3 percent annually; he would receive a full year's severance pay if discharged for any reason; he would receive nine weeks of vacation and paid administrative leave; he would receive an annual $6,000 vehicle allowance; and he would be covered by a city-funded $700,000 life insurance policy for the duration of his municipal service.

Bailey said he's using donated funds to pursue his legal challenge to the council's action, and no public money is involved.

— By City News Service / Patch File Photo By Renee Schiavone