Jul 21, 2008

BREAKING NEWS: Palo Alto settles with theater director

Briggs allowed to resign, return as a consultant

By Kristina Peterson / Daily News Staff Writer

The Palo Alto children's theater director Pat Briggs will be allowed to retire in good standing and return to work temporarily as a consultant, according to a settlement agreement released today.

In a joint press release issued this afternoon, city officials announced that Briggs' termination will be rescinded at the direction of City Manager Frank Benest "in recognition of Ms. Briggs' long history and service to the city."
Briggs' attorney, Jon Parsons, said this afternoon that the agreement was "what we were hoping for."

"During the course of the last seven months, the children's theater has changed a lot and Pat has changed a lot," he said.

"She came to understand...she could never go back to the way things were."

Director of the theater since 1961, Briggs was placed on paid, administrative leave on Jan. 24, when the city's police department closed the theater to investigate alleged financial irregularities.

Though police closed the criminal case without filing charges, a separate administrative probe found that Briggs had violated 14 city policies and mismanaged the theater's finances.

After a disciplinary hearing, city officials decided on June 30 to fire Briggs.

As part of the settlement announced this afternoon, Briggs waived her right to challenge the city's investigations and disciplinary actions.

Instead, her discipline will be limited to a 30-day suspension without pay from June 30 to July 30.

The city will then accept Briggs' retirement, effective Aug. 1. Briggs will receive a pension, as well as all the standard payments and benefits of retiring management employees.

Following her retirement, the city will hire Briggs as the theater's "advising artistic director" as an hourly employee making $50 per hour only until Jan. 31, 2009, after which she may not return to the theater as either an employee or volunteer, according to the settlement.

Parsons said Briggs had always been planning to retire in the next couple of years and felt the settlement was the best thing for both her and the theater, Parsons said.

"As she started thinking about it, it really was the only thing that made sense to her. If she fought more, it would be a matter of ego," he said.

Still, the settlement does require Briggs to make amends for the city funds drained during her tenure.

Briggs must pay the city $15,000 to cover overpayments and reimbursements she received.

The city's outside investigator, Douglas Freifeld, found that Briggs asked to be reimbursed for expenses from both the city and the nonprofit Friends of the Palo Alto Children's Theatre more than 100 times since 2000, though Briggs has asserted that occurred no more than nine times.

When she returns as a theater consultant, Briggs will not be permitted to supervise any city employees or have any contact with money from the city or the Friends, according to the settlement agreement.

She will also be required to cooperate with the theater's interim director, when that position is filled.

Capping off a long and very public controversy, the settlement includes specifications that city employees will not "make remarks to others which disparage Briggs" and that news of the settlement would be announced to the community through a joint press release.

"It just felt fitting that the parties not only in the legal sense agree to resolve their differences but that they speak at least once with a single voice so the community knows this is something they have come to an affirmative agreement on," Parsons said.

In the joint press release, Briggs said she was grateful for the support of the city, theater staff and community.

"Following the loss of Michael Litfin and the strain and disruption of the last seven months, I think the interests of the Children's Theatre are best served by my retirement and assistance with the transition to a new director," Briggs said in the statement.

The agreement also stipulates that when Briggs retires the city will issue her a proclamation consistent with those issued for other departing long-time employees.

E-mail Kristina Peterson at kpeterson@dailynewsgroup.com.