
This is an unpleasant subject. Wouldn’t it be easier if all our key staff were hard-working, forward-thinking, ethical team players with excellent technical and interpersonal skills and political judgment? No need for this article then.
But it is not always so. A large part of our responsibility as a city or county manager is to field and lead the best possible team of professionals to ensure competent services, projects, and problem-solving for the public we all serve.
People management is our greatest challenge as leaders. Our mark as a top executive is not how many balanced budgets you helped to usher through, new public facilities built during your tenure, the agency’s bond rating, or the number of awards your city/county receives. It is the strength of the management team of department directors and direct reports we are able to build over time. How well they perform—both individually and as a team—is essential to good government administration and operations. How they perform when the top leader is not around is the true test of the chief executive’s effectiveness.
However, there will be times when a senior staff member will need to be fired. It can happen for any number of reasons. It is hard. You probably know them well and few people take pleasure in firing someone. We are keenly aware that causing someone to lose their job will cause hardship for the individual and their family. It is a decision not to be taken lightly. But hardships can be created by not firing someone, by ignoring problems, or indefinitely postponing a difficult decision. The buck stops with the chief executive.
When Separation Is Necessary
Sometimes a key department head is viewed as indispensable. However, if that person does not perform the job satisfactorily, then separation is called for.
What constitutes “performing unsatisfactorily”? This could be because the individual consistently fails to meet expectations, despite training, coaching, and counseling. It could be for an ethical lapse or commission of a crime (this would be an easy decision, of course). It could be because the individual simply cannot get along with peers or subordinates and leaves dysfunction in their wake.
We need to keep in mind the impact on others of the senior managers with whom we surround ourselves. Even if the person is technically brilliant and gets things done, at what cost is that happening? It could be because something has so seriously changed in the senior staff member’s life that they cannot carry out the job responsibilities any longer. Maybe the person cannot be trusted to carry out the chief executive’s vision and message and is undermining the team.
Regardless of the reason, the city/county manager must carefully assess the situation, correctly decide the course of action, and carry it out with resolve but also compassion. What follows are some do’s and don’ts regarding your direct reports.
Before You Get to the Point of a Firing
Do assume that all your direct reports are qualified and highly competent in their positions when you take a new position as a city/county manager. At the outset, give the senior staff member the benefit of the doubt if you don’t really know them.
Do get to know them. Meet with them formally and informally. If you have heard concerns from others about the person, or have observed some things that concern you, discuss the early warning flags with them directly and openly. Read their human resources file.
Do be very clear about your expectations and your desire to see them be successful. Understand their work plans and adjust as needed. Support and validate the behaviors and actions you seek.
Do establish that expectations are more than work plans. Expectations are about ethics, ensuring that the employees below the department heads are also accountable and doing the right thing. Sometimes, when something major goes wrong in a department that the department head should have known about and prevented, it means that the department head can no longer do the job and cannot stay in the role. Trust and confidence in senior leadership depends on much more than skills.
Do offer executive coaching to the department head. It will only work if the individual accepts that they need to make a change in their behavior and performance. If the person is in denial, coaching will not be effective, but it is a good step to offer it, with the understanding that you have expectations of change.
Things to Do if You Believe You Need to Fire the Senior Manager
Do be mindful of state and federal laws, collective bargaining rights, civil service protections, and other constraints. Consult with your human resources director about serious performance or attitudinal problems and seek their advice. They will often have insights and history that you may lack and can make certain that you follow all laws and rules if you must terminate the employee—even if that employee is “at will.” Also, check in with the city attorney or county counsel to be sure that your process and decision-making is fully within the law, documented, and will stand up.
Do observe the platinum rule: treat others the way they hope and expect to be treated.
Do provide some grace for errors of judgment and reduced performance if the person is ill or suffering problems at home.
Do offer assistance to your separated employee, such as job search guidance, personal counseling recommendations, and any severance and benefits extension that are due. Promptly process the last paycheck and cashout of any leaves that are required under the personnel rules. If appropriate, offer the individual the chance to resign in lieu of firing. Although this is not proper if there is a criminal or ethical reason for the termination.
Do think about how much time you and the team will have to focus on the right things once the person is gone. It is likely that much time is being wasted now by handwringing over a poor performer or someone who can’t get along with others. Visualize the better future that is around the corner.
Do be clear about the costs of maintaining status quo of keeping a problem department head. There are many people to consider in the equation—not just the person who is under-performing. The number-one reason people leave their employers is poor supervision. If the under-performing department head is creating problems for their staff, you have much more to worry about than the department head alone.
Do prepare a statement that announces the departure that respects the rights of the individual.
Do inform the governing body promptly once you have terminated the employee. Make sure the governing body hears it from you and not others. But this is not to ask permission since it is your decision and you do not want to invite interference.
Things to Avoid if a Firing Is Necessary
Don’t equivocate and delay an inevitable termination decision. Things will rarely get better and often get worse. The rest of the organization is watching and expects you to act.
Don’t second guess and constantly revisit the decision. Make it and move on. Trust that you had good reason to terminate the senior employee and that your reasoning was sound.
Don’t discuss your reasons for separating the employee with others. Be sure to respect the privacy rights of the individual affected and don’t add to their challenges upon separation.
Don’t let political pressure or community opinion to influence your decision to keep or fire a department head. Make the decision based on what you know to be right for the organization.
Don’t try to convince the employee that the termination is for the best. If you have set the expectations correctly and counseled them along the way, the decision should come as little surprise. Keep the meeting short. Be prepared for emotion and pushback. Stay focused and have all the paperwork ready. Have another person in the room with you when you state your decision to the employee.
Don’t agree to provide references avoiding the reason for the firing. Insist that if the employee wants you to speak to a future employer that you have a full release signed by the employee that has been vetted by the city attorney/county counsel.
Don’t delay or rush the recruitment. Do it right. Don’t settle for simply a qualified replacement. Hire a star or appoint an interim official and recruit again if the first recruitment fails to produce one.
A Theory About Morale
The court-appointed receiver of a major housing authority once offered this theory and advice to those who worry that firing key people will tank morale. The receiver was having to clean house at an agency that had been a patronage dumping ground for city and state politicians for many years and was failing in its mission. Serious action was needed to right the ship.
He opined that every employee in an organization has two lists in their head regarding the staff. The first list is of those who consistently seek to do good work, earn their paychecks, and treat others decently while doing their jobs. The second list is of shirkers, malcontents, incompetents, and troublemakers who cannot or will not do their jobs and/or create dysfunction as they do so. He said that people’s lists are remarkably similar, except as to where they place themselves.
His theory is that if you fire someone on the first list, morale will be negatively affected as it looks unjust or personal. On the other hand, if you fire someone from the second list, morale will remain the same or even edge up. The organization wants management to hold people accountable and to do so fairly. Staff keep score by means of these lists.
In our experience, when we replace a fired senior employee with a much more professional, personable, and effective one, staff quickly forget about the fired employee and move ahead. We’ve done our job as an executive.
It’s About Public Service
Firing employees who cannot or will not meet their job expectations is just part of the job of the chief executive. There may be some magical thinking in our profession that if we are really a good manager, we will rarely if ever fire someone due to our exceptional leadership, coaching, and mentoring skills. It is unlikely that we will get through our career without having to do that. If a colleague boasts to you that they’ve never had to fire anyone, their approach to leadership may not be a model to follow.
Separating a person from employment is difficult and fraught with emotions. Follow your instincts and these do’s and don’ts and you will do right by your organization and the employee involved.
Building and nurturing the strongest possible senior management team is your largest responsibility as a manager. That requires feeding and occasional weeding. Doing the hard thing right will pay many dividends for your city or county. Respect it, and don’t shy away from it.
ROD GOULD, ICMA-CM is chairman of the board of HdL Companies, a former ICMA Executive Board member, retired city manager, consultant, and supporter of all those who toil in local government service. (rodgould17@gmail.com)
DR. FRANK BENEST, ICMA-CM (RETIRED) is a retired city manager and currently serves as a local government trainer and ICMA’s liaison for Next Generation Initiatives. He resides in Palo Alto, California. (frank@frankbenest.com).
JAN PERKINS, ICMA-CM is vice president of Raftelis, a local government management consultant and facilitator, retired city manager, and a believer in good government and in the city management profession. (jperkins@raftelis.com)
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