Lark in danger

BWL to hold special meeting about Peter Lark’s job

Posted

UPDATED JAN. 13


The Board of Water & Light General Manager Peter Lark’s job may be in danger.



The BWL board is calling a special meeting for Tuesday at 4:30 p.m.



“Board of Water & Light Commissioners Dennis M. Louney and Tony Mullen have called a special meeting of Board of Commissioners on Tuesday, January 13, 2015 at 4:30 p.m. at the Board of Water & Light Headquarters Depot,” the meeting notice reads.



“Purpose:  Review the employment of the Lansing Board of Water & Light‘s general manager.”



Mullen could be reached immediately for comment.



Board Chairman David Price said, “Here's what I know and here's what I can tell you. I received a request from two board members and that's part of our rules of procedure to schedule a special meeting. I can call one, and I didn't. The general manager can call one, and he didn’t. Or two members can.”



He said Louney and Mullen sent him an email on Friday requesting the meeting.



Was this a surprise to Price?


“I think there have been, in talking with individual board members over the past month or so, I've been picking up more and more some board members were not happy with the general manager and wanted to discuss that further. Where it goes tomorrow at this point I can’t predict. What kinds of motions will be put forward? Everything is on the table.”



Louney said he expects there to be a vote tonight on the continued employment of Lark as the general manager.


It’s something we’ve got to deal with. It’s hopefully going to move quickly and amicably,” Louney said in a phone interview today.



Louney said the board met in a closed session about Lark recently.


“Concerns were expressed about the general manager’s performance and moving forward,” he said.



Louney was vague about what is prompting the apparent sudden discontent with Lark’s performance. The board voted 7-1 in June to reappoint Lark to his five-year contract and praised his performance.



“I was willing to give Mr. Lark a chance to right the ship and move us forward,” he said. “Changes have to happen internally. The (Community Review Team) calls it a culture. I’m not sure the culture changes have taken place.”



Louney said he believes Trent Atkins, the new emergency operations manager isn’t being used to his full extent or included.



“I don’t think he’s being utilized to the strengths and abilities he has,” he said. Atkins was appointed in November. “The emergency manager hasn’t been a part of the communication process.”



Beyond that Louney points back to disappointment of the handling of the ice storm and Lark’s trip to New York in December 2013.


“I’m personally in favor of termination with cause,” he said. “If that doesn’t happen, it could be termination without cause or resignation by general manager, or we could reach a standstill and he stays in the position.”



How would that bode for future relations with Lark.



“Not good.”



“I heard Councilwoman (Carol) Wood said we’re flip flopping and we’re going to leave the taxpayers on the hook,” Louney said. “I kind of feel I’ve been pretty straightforward since January and bene open with my concerns with management. ...When push comes to shove ultimately for us to be a better utility there’s internal issues that are not being addressed.”


Lansing Mayor Virg Bernero has been critical lately of Lark's hiring policies.



He said that Lark has added excessive administrative positions to the BWL administrative staff and not communicated about the need for these managers with city officials, particularly with the mayor’s staff.



Bernero, who following the utility's disastrous 2013 ice storm performance, had been a staunch public defender Lark.   But privately, Bernero has been losing confidence in Lark, complaining that about his lack of political savvy and autocratic management style.      



In December 2014 an ice storm caused outages of more than 40,000 customers over the Christmas holiday season. Many called for Lark’s ouster, criticising him leaving for New York City on Dec. 22 at the height of the crisis; for deleting internal emails that documented his communications about the restoration process; and for the utility’s overall lack of communication with the public and perceived lack of empathy.



In July, commissioners voted to reappoint Lark for another year under the terms of his existing five-year contract, which expires June 30, 2018. Between his $258,502 salary and deferred compensation, his pay for 2014 totaled more than $300,000.



If the board wasn’t happy with Lark why reappoint him?


Price said, “I think there may have been folks who felt ‘Let's not change horses in the middle of the stream. Let’s see how things go. As a board you're always re-evaluating your employees.”



If terminated Lark could stand to be compensated mightily. If he’s terminated for cause the BWL would owe Lark six months of his salary. But if the termination is at will or a failure to re-appoint, he would be paid the remainder of the term of his employment.



From his contract: (CLICK FOR FULL CONTRACT)


Effect of termination at will or Failure to Re-Appoint


The Employee would receive all rights and benefits typically available to non-bargaining unit employees based on his cumulative years of service. These rights and benefits may include accrued vacation and free choice time and vested pension benefits and contributions to ICMA and Prudential, or other applicable retirement funds or benefits. In addition, in exchange for a Release and Settlement Agreement acceptable to the LBWL that waives all claims and potential claims resulting from the Employee's termination or employment at the LBWL, the Employee would receive payment for the remainder of the term of employment, six months of payment of COBRA, pursuant to the limitations and parameters of COBRA, for health, dental and prescription drug coverages consistent with those received by non-bargaining unit employees, and outplacement services valued up to $6,000.



Effect of termination for cause says ...the Employee would receive payment for six months salary, six months of payment of COBRA, pursuant to the limitations and parameters of COBRA, for health, dental and prescription drug coverages consistent with those received by non-bargaining unit employees, and outplacement services valued up to $6,000.



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