City Administrator in Hot Water

ErickPauley's picture
City Administrator in Hot Water

The following is an unedited e-mail chain between City Administrator Marty Black, Mayor Hank Castillion, and City Councilman Gary Killpack , in regards to the improper use/reporting of miles of a city vehicle by City Administrator Marty Black.
 

Email 1

> -------- Original message --------
> From: Marty Black <mblack@cityofgreenriver.org>
> Date: 10/28/2013 7:54 PM (GMT-06:00)
> To: Hank Castillon <HCastillon@cityofgreenriver.org>
> Subject: Re: Heads Up


Mayor, Gary stopped in this afternoon all concerned that " nothing" was being done about the vehicle insurance question. I told him that right after Galen's review that I had given a proposal that Galen had reviewed and confirmed would resolve. He doesn't necessarily agree and believes an executive session is needed. I would suggest you send an email to Governing Body saying that you're reviewing with Galen a proposal to change the contract to address the insurance and unlimited personal use provisions.

Never ends!
Hope the family time is enjoyable and that the wedding goes well.

Marty
Sent from my Verizon Wireless BlackBerry ________________________________

Email 2 
 

> From: Hank Castillon
> Sent: Tuesday, October 29, 2013 7:05 PM
> To: Marty Black; All Subscribers - CGRUNI1
> Cc: castilh44@gmail.com
> Subject: Re: Heads Up

> This in reference to Councilman Kiillpack's concern with the vehicle liability insurance. Galen has reviewed the question and has made some recommendations. Marty has drafted a proposal to address this issue and submitted to to me for review. This proposal has been reviewed by Galen and as far as I am concerned it has merit and he and I are willing to have his contract amended to clear the liability question. Of course this will require the content of the governing body. I have asked Marty to share his proposal wiith all of you and would like to discuss this it with all of you when I retrun.

 

Email 3 

 -----Original Message-----
> From: Gary Killpack 
> Sent: Monday, November 04, 2013 8:48 AM
> To: Hank Castillon; Marty Black; All Subscribers - CGRUNI1
> Cc: castilh44@gmail.com; Gary Killpack
> Subject: RE: Heads Up

> Hank, it is not wrong for the city administrator to use his car for person use, as stated in his contract, but it does not state that he can incorrectly report the use of the city car. 

> Marty has driven his car 10,000 miles for personal use since march 2013 through October 2013 and not reported one miles to finance so they can properly charge him the IRS taxable benefit for use of a company car which they have to report to the IRS by law. No matter how you look at it that is wrong. 

> He is now using the IRS commuting rule for reporting his miles, which is his directive to the finance department. The commuting rule DOES NOT allow for personal use of a company car. 

> HE ALSO BROKE HIS OWN CONTRACT BY IMPROPER REPORTING THE USE OF HIS CAR. His contract states "The automobile use will be reported to the IRS as a taxable benefit to the city administrator." He is reporting his miles under the commuting rule and the commuting rule does not allow for personal use. 

> Consequence is more in line than reward in my mind. 

> I propose we go to a $250.00 a month automobile allowance, which is allowed in his contract, and some form of consequence for improper reporting the use of his car to finance. 

> The automobile allowance, which is allowed in his contract, solves all issues. The insurance and the wrongful reporting of miles driven in his city car to finance. 

> Gary Killpack