Park City releases ex-city manager’s separation deal, detailing timeline, payout |

Park City releases ex-city manager’s separation deal, detailing timeline, payout

Former Park City Manager Diane Foster, shown in 2019.
Park Record file photo

Former Park City Manager Diane Foster remained employed by City Hall through Nov. 2, approximately one month after the municipal government announced a personnel move that was described as a separation, but was relieved of the duties of the city manager starting on Sept. 30, an agreement between Foster and City Hall shows.

Officials on Tuesday released the separation agreement and release of all claims negotiated between City Hall and Foster in response to a request filed by The Park Record under state open-records laws. It had not been widely known that Foster remained a City Hall staffer beyond the Oct. 1 announcement of her departure.

The agreement indicates Foster served in what is known as an interim employment period from Sept. 30 until Oct. 12. After Oct. 12 and through the Nov. 2 date of the separation, Foster drew down accrued leave time, the agreement shows. Foster was required through the agreement to assist with the transition, working remotely as she transferred projects and information as well as providing written descriptions of projects that were pending, strategic plans and contract negotiations. She was required to be available to participate in meetings if Mayor Andy Beerman or Matt Dias, who was named the interim city manager, requested.

The agreement indicates Foster would use all her accrued leave time between Oct. 13 and Nov. 2 “in exchange for remaining on the payroll,” meaning she did not receive payment for accrued leave time at the time of her departure.

Foster signed the agreement on Oct. 2. The mayor’s signature followed eight days later.

Other points in the agreement include:

• City Hall paying Foster a sum equal to 12 months of her base salary, reduced by the amount of payroll taxes withheld. The 12 months base salary payout was due within five business days after Nov. 2. The 12 months of base salary she received was negotiated as part of a 2013 employment agreement and included a base payout of six months and another six months as a result of her tenure. The city manager post is budgeted at up to $174,991 annually in the current fiscal year.

• City Hall allowing Foster to keep the mobile phone, and the mobile phone number, that was provided to her by the municipal government. She also was allowed to keep any tablet computers and laptop computers provided by City Hall. Foster is required to allow City Hall access to the electronics to remove information that is proprietary or confidential as well as remove software licensed to the municipal government.

• City Hall allowing Foster to attend an International City/County Management Association meeting from Oct. 18 until Oct. 23. The municipal government had paid the registration and bought an airline ticket for Foster by the time of the agreement. City Hall also agreed to reimburse Foster for a five-night stay at the hotel where the conference was held and up to $500 for her to change an airline ticket.

Foster also was required to return all goods related to her tenure at City Hall, such as confidential information, computer drives, City Hall credit cards and security badges.

She agreed to cooperate with City Hall for six months by responding to “reasonable inquiries and requests for information or assistance from the City regarding any services” she provided while working for the municipal government.

The release of all claims section prohibits Foster from bringing a lawsuit or other sort of action against City Hall. It covers a wide range of potential causes, such as wrongful termination and discrimination.

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