A document pertaining to the resignation of Ketchum Fire Chief Greg Schwab sheds little light on what transpired between him and the city, but it describes an agreement wherein both parties will abstain from action against the other.
The Ketchum City Council authorized last month a $100,000 payment to Schwab, placing him on unpaid administrative leave with full benefits until Oct. 20, 2006.
"This settlement is the compromise of disputed claims/appeals," the document, obtained by the Mountain Express, reads.
It also states that "the damages sustained are or may be permanent and progressive" but Schwab and the city release each other from any claims, actions, rights or damages.
Inquiries from potential employers will be routed to City Administrator Ron LeBlanc, who will provide them with an agreed-upon letter of recommendation for Schwab, the agreement says.
"The city of Ketchum will not make any official statement ... to potential employers for Schwab relating to his employment at the city of Ketchum," the document reads.
It also states that neither party will engage in libel or slander of the other.
City Attorney Ben Worst would not comment on whether there was a confidentiality clause in the agreement.
Council members Ron Parsons and Terry Tracy said Monday it was their understanding that a confidentiality clause existed within the agreement, preventing them from talking about it.
"I do not care to violate it," Parsons said.
He directed further inquiries to LeBlanc, who had no comment.
"Any time you have somebody leaving an organization, you have an agreement," Council President Baird Gourlay said Tuesday, May 2. "(This) was a mutual agreement. Greg decided to leave and we worked this compensation out that ... we felt was fair to both sides."
The council's resolution to accept Schwab's resignation and give him $100,000 says the resignation was "voluntary."
Schwab last week, however, categorized the separation as "political," and said he was "pushed out."
Gourlay said the agreement was mutually agreed upon and the monetary sum was simply part of a compensation package based on the chief's salary and benefits.
"He had vested rights with his time with the city," Gourlay said. "He's able by law to get those."
Gourlay said the payment is less than many corporate compensation packages, and that such payments in municipalities are not unusual.
"We actually got a pretty good deal," he said.
Schwab last week declined to talk about the payment.
Gourlay added that the city has been "working on a bunch of things" for over two years.
He declined to elaborate on what those things were.
Worst left out two exhibits from the Express' records request: a letter of recommendation, which Worst described as "fairly positive," and a letter of resignation. The latter, which Worst described as "fairly vanilla," was the product of an agreement between the two parties' attorneys and was signed by Schwab.
Worst cited a section of Idaho law that exempts disclosing employee applications, testing and scoring materials, grievances, correspondence and performance evaluations.
The separation agreement also states that parties "deny liability ... and intend merely to avoid litigation and buy their peace."
It does not specify what potential litigation, if any, might have ensued.
"The biggest thing," Gourlay said, "is we feel there are things much more important to the city and we're just moving on."
