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Pueblo City Council clears city manager
Posted: 11.22.2011 at 6:59 PM
Updated: 11.23.2011 at 6:35 AM
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Pueblo City Manager Jerry Pacheco has been under fire for allegations he had an affair with his subordinate and abused his authority.  / Courtesy: The Pueblo Chieftain
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PUEBLO, COLO. -- The Pueblo City Council announced Tuesday they found no wrongdoing for its embattled city manager Jerry Pacheco.

According to The Pueblo Chieftain, Pacheco has been under fire for several weeks for his relationship with Human Resources Director Marisa Walker. Allegations were made that Pacheco had city staff erase he and Walker's cell phone messages, including those containing sexual statements.

The Pueblo Chieftain reported Pacheco informed council in September he was in the middle of a bitter divorce and could be subject of inaccurate allegations. Pacheco also reorganized his administration so Walker would not be under his direct supervision as his relationship with her was a conflict of interest. That came at a cost of about $62,000 to the city.

This week, council held closed-door sessions to discuss the allegations and Pacheco's future. Tuesday morning, Council President Ray Aguilera made the announcement Pacheco did not violate any laws or city policies in his relationship with Walker, according to The Pueblo Chieftain.

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However, not all council members agree.

"I think for everyone to have a good, clean feeling about this," Councilman Leroy Garcia said, "an independent investigation would have been better."

Garcia, as well as Councilman-elect Chris Nicoll, said they are disappointed in the council's decision.

"If they spent six hours looking at blacked out emails, I don't call that an investigation," Nicoll said.

During their sessions this week, council reviewed numerous documents, including emails related to Pacheco's relationship with his former subordinate. Nicoll said some of those emails may have contained blacked out details because they were likely the same copies made available to the press.

"But there is more to this than the relationship," Nicoll said. "I'm very concerned about the allegations of workplace intimidation. This is about our city workers in an environment where they feel safe to come forward with information. Are they given that avenue?"

Nicoll has created the website Puebloethicswatch.org to allow city employees and citizens an outlet to share information about unethical behavior, and it can be done anonymously.

"People want clarity and transparency in government, but most of all I think they want the city council to be forthcoming," he said.

Garcia said he also finds the city's timing for a proposal of an ordinance that would allow any city manager to dissolve phone and other messages a bit curious, considering the recent circumstances.

"That is not the kind of government I want to be associated with," he said. "I can't support those kinds of actions as well as promotions of deputy city managers and others in the face of this."

Though he is hopeful city council can move forward now that a decision has been made, Garcia said the discussion about Pacheco is far from over.

"I think our constituents will be asking a number of questions over the next few days," he said.

Nicoll said if city council does not divulge how they came to the decision to not take disciplinary action against Pacheco, he will raise the issue again in January.

"You can bet on it," Nicoll said.

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