Lynchburg officials show support for Kimball Payne

Statement of Lynchburg City Council regarding City Manager Kimball Payne's annual performance evaluation:

"Council is fully aware of the ongoing litigation regarding freedom of speech issues and does not believe that it would be appropriate to comment on, or attempt to influence, that court proceeding. We have, however, completed our annual evaluation of the city manager's performance and we continue to have confidence in Kimball Payne's ability to carry out his assigned duties with quality and proficiency. We are convinced that Mr. Payne will continue his commitment to ongoing quality improvement efforts, both in his own perfomance and that of all our city employees. And we believe that he will continue to lead city staff in a professional manner."

Lynchburg City Council publicly reaffirmed its faith in City Manager Kimball Payne following a two-hour evaluation of his job performance Tuesday.

“(W)e continue to have confidence in Kimball Payne’s ability to carry out his assigned duties with quality and proficiency,” said Mayor Joan Foster, reading from a prepared statement. “We are convinced that Mr. Payne will continue his commitment to ongoing quality improvement efforts, both in his own performance and that of all our city employees. And we believe that he will continue to lead city staff in a professional manner.”

The brief, one-paragraph statement was written and approved by the full council that day following the completion of the city manager’s annual review, Foster said.

It’s unusual for council to make any official comment about the outcome of that evaluation, which is conducted behind closed doors. Members, though, have recently been facing questions about Payne’s standing in the wake of a $500,000 lawsuit filed last month accusing him of threatening a city detective.

The statement read by the mayor did not address those allegations, other than to acknowledge their existence: “Council is fully aware of the ongoing litigation regarding freedom of speech issues and does not believe that it would be appropriate to comment on, or attempt to influence, that court proceeding,” it said.

Officials had appeared disinclined, heading into the evaluation, to punish or fire the city manager for his behavior as some have called for.

Councilman Jeff Helgeson, the only member to express open disapproval of Payne’s actions, said he “still has some concerns” about the matter, but did not object to council releasing the statement of support.

Special Report

• Read the lawsuit


• Listen to a secret recording Detective John Romano made of his meeting with City Manager Kimball Payne and Police Chief Parks Snead


• Watch John Romano criticize Payne before Lynchburg City Council


• See Payne's response

Foster said the comments were written with input from all seven council members.

“We went through it and got it to where everyone felt comfortable coming out here as a unified council and saying this is how we feel,” she said.

The mayor added that council chose to issue an official statement due to the high level of interest and the questions surrounding Payne’s future with the city government. The city manager is hired by and serves at the pleasure of council.

“I hope this brings closure to the situation concerning the city manager and how we feel about him,” Foster said. “The council members have confidence in him.”

Councilman Scott Garrett, who had said previously he was withholding judgment on the matter until after the evaluation talks, said he endorsed Tuesday’s statement.

“I think we all understand that Kim’s job isn’t easy. He’s got to make some tough decisions,” Garrett said. “But we all make mistakes. And it’s incumbent upon us to know when we made a mistake, apologize for it and right it, then move on. I think that’s where he is and where council is in this process.”

A local police detective has filed suit against the city alleging that Payne threatened him in violation of his First Amendment rights after he publicly criticized the city manager’s budget priorities during comments he made to City Council as a private citizen.

The detective secretly recorded the city manager telling him that such behavior will affect his career and he’d never be able to prove it. Later on the tape, Payne apologizes and says he does not plan to do anything to the detective. He has also since issued a public apology. The city says no disciplinary action was ever taken against the detective.

On Tuesday, Payne said he appreciated council’s continued support but declined to make any further comment.