Cottonwood City Attorney Jenny Winkler resigned at 10:47 a.m. on Tuesday, Jan. 9, and Cottonwood City Manager Scotty Douglass informed council at 1:33 p.m. that he had been effectively terminated.
Both departures were effective immediately.
Council has a meeting scheduled for 5 p.m. today, Tuesday, Jan. 9. Neither will be in attendance.
Cottonwood City Attorney Jenny Winkler
In Winkler’s letter, she wrote:
“Mayor & Council – As you know, on December 15, 2023, I tendered my resignation effective March 15, 2024. Although it was my intention to serve in my position until that date, recent developments have made it untenable for me to do so. Therefore, I am tendering my resignation effective immediately.
“[Pierce Coleman PLLC lawyer] Steve Coleman will cover tonight’s Special Session. If council does not wish to proceed with the work session in the absence of an attorney, I recommend that you postpone the work session until coverage can be arranged.
“I will be informing staff to direct legal requests to outside counsel as follows, pending further direction from Council:
“Planning & Land Use Matters – Frank Cassidy
“Procurement Matters – John Gaylord, Gust Rosenfeld
“General Municipal/City Attorney Matters – Christina Werther, Pierce Coleman”
Daulton Venglar/Larson Newspapers
Cottonwood City Manager Scotty Douglass
In his letter Douglass wrote: “January 9, 2024
“Mayor and Councilmembers,
“As you are all aware, I tendered my resignation by email on January 4, 2024, providing 90-day notice as per my agreement effectively ending my employment with the City of Cottonwood on April 4, 2024.
“At the time, I cited ‘personal and family reasons’; but we are all aware that the Council forced me to resign.
“I thought it might be possible to function in my role for 90 days if my resignation caused the Council to stop its harassment and bullying of me, but it is clear that is not going to happen.
“Recent events have shown full well that the Council is going to continue to harass, bully, and intimidate me as long as I am here. No one can reasonably be expected to endure this type of abuse and threatening conduct, and I am done doing so. I will leave my employment with the City effective January 9, 2024.
“At a meeting with two Councilmembers on January 3, 2024, they called for my immediate resignation by noon on January 4, 2024. These Councilmembers through bullying, intimidation and harassment, made it clear that if I did not resign, that they would pursue my termination threatening public disparagement.
“In a state of shock, I tendered my resignation the morning of January 4th as had been demanded.
“I even gave the Council 90 days-notice, per the written terms of my employment agreement. However, what happened on January 3, 2023 was a termination of my employment, and not a resignation. Not only was it a termination, but it was one that was done in the most threatening and stressful manner conceivable.
“Therefore, I will not be in attendance at the January 9th meeting for this reason.
“As such, in accordance with the following language within my agreement:
“As Section 11 reads, ‘In the event the Employee resigns following a request, whether formal or informal, by at least four members of the City Council, then, in that event, Employee may at his option deem himself to be terminated at the date of such request to resign, within the meaning and context of this agreement.’
“Furthermore, earlier in this section, it reads, ‘In the event Employee’s contract is terminated by the City Council during such time that Employee is willing and able to perform his duties under this Agreement, Employer agrees to pay Employee a severance payment in the amount of six months’ base salary.’
“In summary, due to the extenuating circumstances surrounding my termination, coupled with the language within my employment agreement with the City, I believe I am owed at least six months of severance base pay with an accompanying non-disparagement agreement to ensure that both the City of Cottonwood and myself are protected against any further risk of damages. Given the situation, I am also left with no choice but to seek legal advice to determine my best course of action.”
“Scotty A. Douglass”
Agenda for the Jan. 9 Meeting
1) Call to order
2) Roll call
3) Items for discussion, consideration, and possible legal action:
Set an executive session:
A) Discussion or consideration of resignation of a public officer, appointee, or employeeװursuant to A.R.S. 38-431.03(A)(1), discussion or consideration of the resignation of the city attorney.
B) Discussion or consideration of resignation of a public officer, appointee, or employeeװursuant to A.R.S. 38-431.03(A)(1), discussion or consideration of the resignation of the city manager.
C) Legal adviceװursuant to Arizona Revised Statute §38-431.03(A)(3), discussion or consultation with legal counsel for legal advice regarding allegations in notice of claim submitted by [fired Cottonwood Police Chief] Steve Gesell [who is demanding $680,000 from the city or he will sue for wrongful termination].
4) Resignation of the city attorney.
5) Resignation of the city manager.
6) Council member request for agenda item by Lisa DuVernay and Michael Mathews. Discussion of allegations in notice of claim submitted by Steve Gesell.
The Agenda Request to Discuss Steve Gesell
The request, filled out by a council member, contains signficant spelling errors.
The corrected text should read:
Jan. 9th e[xectutive] [session] might be needed for legal [advice]
[Alleged] actions called out in Gesell [notice of] claim by the following:
Scotty [Douglass]
Jenny Winkler
Tim Elinski
Rudy [Rodriguez]
Council is scheduled to discuss a demand for $680,000 by former Cottonwood Police Chief Steve Gesell, who had threatened another staff member in May after a state investigation determined the department he led had discriminated against a female police officer.
Gesell was on administrative leave for four months before being fired by Douglass in September.
A recently appointed council member, Michael Mathews, who had advocated for Gesell and said he would consider recusing himself from Gesell matters if he was appointed to council, reneged on that promise and put this item on the agenda.
Arizona Attorney General’s Office Report
The Arizona Attorney General’s Office determining that the Cottonwood Police Department discriminated against one of its own police officers on the basis of her sex and disability. The AG’s office laid out a course of action the correct the CPD’s discrimination specifically and the city of Cottonwood in general.
The report was conducted, submitted and reported before Winkler or Douglass were hired.
ACRD-Findings-and-Cause-Determination
