JOLIET – The Rialto Square Theatre board will face Wednesday a decision for the third time on the future of General Manager Randy Green's contract.
Green was placed on paid leave March 21 as Rialto officials turned to City Hall for help paying late payroll taxes that Rialto and city officials have said is about $120,000. At that meeting, the board for a second time tabled a vote on a separation agreement as its attorney asked for more time to work out an arrangement with Green.
Rialto attorney David Silverman said Friday that he had not reached an agreement with Green.
"We really don't have any further report at this time," Silverman said. "I don't know where we'll be on Wednesday."
But Silverman said at a Joliet City Council meeting last week that the Rialto board could choose at some point to hold a hearing on whether to terminate Green.
Silverman elaborated on the situation while being pressed by Councilwoman Jan Quillman on why Green was still on the payroll.
Silverman said Green, as a public employee with a contract, had a right to a hearing before he could be terminated.
"I can't say here we're going to discharge an employee who has a constitutional right to a due process because that would negate the due process," Silverman said. "This employee, you may not like him, but he has due process rights to a hearing."
Green's contract expires at the end of December.
Silverman said the Rialto had not offered Green money as part of a separation agreement.
"We've tried to negotiate an exit agreement with Mr. Green, and we have not been successful," he said.
Some council members have been getting impatient.
At a March 14 meeting, the council put off a Rialto request for help paying the back payroll taxes while Green was still general manager.
"I felt pretty strongly that the city was not going to forward money to buy out a contract or to pay whatever needed to be paid to Mr. Green," Mayor Bob O'Dekirk said at the March 25 council meeting.
The council, however, agreed to provide the money sought by the Rialto to pay late payroll taxes. The city also has agreed to cover performers' fees at two shows this week, an amount estimated at $200,000.
The money is coming out of $400,000 the city had budgeted in Rialto contributions for 2016.
Councilman John Gerl commented Green was not likely to come back.
"He's on his way out," Gerl said.