ELLY GRIMM
• Leader & Times
The City of Liberal now officially has a new permanent city manager with Scarlette Diseker.
Diseker began working with the City of Liberal in August 2022 and has served in multiple leadership roles, including as the director of finance and Chief Financial Officer. Diseker has managed operations as interim city manager since Oct. 1, 2024 after the firing of Rusty Varnado.
“I want to thank the commission for giving me this opportunity to help lead my hometown of Liberal,” Diseker said. “I appreciate the opportunity very much, and this is almost a career that rather chose me, I never foresaw myself in such a position since I’ve primarily worked around finance. I’ve made a lot of great relationships in the past couple years, and I want to help keep things going and build on our current momentum.”
Diseker’s contract was officially approved at the most recent Liberal City Commission meeting Tuesday evening.
“This contract outlines the terms and conditions relayed to me by the commission,” City Counsel Lynn Koehn said. “That was then sent to Scarlette, she reviewed it, and then sent it back. This will backdate to the start of her employment, which was Jan. 1 of this year, which was the consensus among everyone. I did also check with Angelica [Arroyo], and she said there would be no problems with that on her end if we did that.”
The contract begins by outlining the job duties.
“CITY hereby agrees to employ Scarlette Diseker (hereinafter sometimes referred to as EMPLOYEE) as City Manager of the City of Liberal, Kansas, to perform the function and duties as Chief Administrative Officer of the City of Liberal under authority of the laws of the State of Kansas governing municipal corporations, as provided by the Ordinances and Codes of the City of Liberal, and to perform such other legally permissible and proper duties and functions as the Governing Body of the CITY shall from time to time assign,” the contract noted. “It is further understood by and between the parties hereto that no member of the City Commission shall directly interfere with the conduct of any department of the CITY, except at the express direction of the City Commission as a whole. EMPLOYEE shall hold office at the pleasure of the City Commission. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the Governing Body to terminate the services of EMPLOYEE at any time, for any reason. In the Governing Body’s sole discretion, it may give EMPLOYEE written notice of any job performance deficiencies and give EMPLOYEE a set number of days to cure to the Governing Body’s sole satisfaction. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the EMPLOYEE to resign at any time from her position with the CITY; however, if EMPLOYEE voluntarily resigns her position with CITY before the term of her employment ends, then EMPLOYEE shall give a minimum of 60 days written notice in advance, unless the parties otherwise agree in writing. EMPLOYEE agrees to remain in the exclusive employ of CITY and CITY agrees to employ EMPLOYEE as City Manager effective Jan. 1, 2025 through Dec. 31, 2026 for an initial two-year term. Further, EMPLOYEE agrees neither to accept other employment nor to become employed by another employer while in the employ of the CITY, unless agreed to in writing between the parties. After the initial term this employment agreement shall automatically renew for one-year periods of time unless either party gives at least 60 days notice prior to the renewal.”
This section also give guidance of what should happen should the contract be terminated.
“In the event this agreement is terminated for convenience by the CITY or its Governing Body before the termination date of this agreement and if at such time EMPLOYEE is willing and able to perform her duties under this agreement, then City agrees to pay EMPLOYEE, in lieu of unemployment compensation, a lump sum cash payment equal to three months’ base salary,” the contract noted. “In such event, EMPLOYEE shall be entitled to be paid for EMPLOYEE’S annual leave balance, either in a lump sum or on a bi-weekly basis until exhausted at the City’s sole option. In the event of such termination, Employer agrees to maintain existing insurance coverage for EMPLOYEE, including members of EMPLOYEE’s family then covered, for medical, dental, and life insurance for three full calendar months or until EMPLOYEE notifies the City she no longer wishes said coverage to continue, whichever occurs first. Notwithstanding the foregoing, City shall have no obligations under this Subsection for any termination resulting from EMPLOYEE’S conviction of any felony or other illegal act involving person gain to EMPLOYEE, nor will City have any obligations under this subsection for any termination due to EMPLOYEE’s: 1.) death, 2.) disability, 3.) voluntary resignation, 4) breach of any provision of this Agreement, or 5.) if City terminates this Agreement for cause.”
The contract then goes on to talk about base salary and performance evaluation.
“CITY agrees to pay EMPLOYEE for her services an annual base salary of $160,000 for the year 2025 and $165,000 for the year 2026,” the contract noted. “In the event this agreement is signed after Jan. 1, 2025, then, in that event, the parties hereto state that all benefits stated herein are meant to commence Jan. 1, 2025 and EMPLOYEE shall be entitled to past benefits owed, contingent upon the same being compliant with state and federal law and any regulations pertaining thereto. In the event of employment with the CITY for any year after 2026, then the EMPLOYEE’s salary shall increase in the same percentage of the average percentage increase of all other CITY employees. Provided further that CITY may increase said base salary and/or other benefits of EMPLOYEE at any time in such amounts and to such extent as the CITY may determine desirable based on the annual or sooner performance evaluation as described below, but must do so in writing or by binding majority vote by the commission. The City Governing Body shall review and evaluate the performance and salary of the EMPLOYEE at least once annually in advance of the adoption of the annual operating budget commencing in the year 2026. Said review and evaluation shall be in accordance with specific criteria developed jointly by the City Governing Body and EMPLOYEE. Said criteria may be added to or deleted from as the City Governing Body may from time to time determine in consultation with the EMPLOYEE. Further, the Mayor shall provide the EMPLOYEE with a summary written statement of the findings of the City Governing Body, provide an adequate opportunity for the EMPLOYEE to discuss her evaluation with the City Governing Body, and provide him with the opportunity to determine whether training, education, or other measures should be instituted to improve her abilities or performance of her duties. Annually, the CITY and EMPLOYEE shall define such goals and performance objectives in writing which they determine necessary for the proper operation of the CITY in the attainment of the CITY’s policy objectives and shall further establish a relative priority among those various goals and objectives. Such goals and objectives shall generally be attainable within the time limitations as specified and within the annual operating and capital budgets and appropriations.”
The contract also talks about other benefits.
“EMPLOYEE shall have already accumulated vacation and sick leave, and additional days of each shall accrue and be credited to her personal account; upon execution of this contract the EMPLOYEE shall be considered a Tier 3 employee and accrue such benefits accordingly,” the contract noted. “The hours of unused vacation are to be reimbursed upon separation up to the maximum amount allowed by CITY policy. Any and all accrued unused hours of sick leave are to be transferred into the catastrophic leave bank upon separation, if applicable.
The CITY agrees to provide hospitalization, surgical, and comprehensive medical insurance for EMPLOYEE and her dependents and to pay the premiums thereon equal to that which is provided all other employees of CITY or, in the event no such plan exists, to provide same for EMPLOYEE; and to provide term life insurance coverage not to exceed $100,000.00 and to pay the premiums thereon. CITY may, at its discretion, require EMPLOYEE to obtain an annual or periodic physical at CITY’s expense. To the extent allowed by law and in accordance with this section, EMPLOYEE shall be entitled to Deferred Retirement with KPERS in an amount of seven percent of the annual salary of EMPLOYEE; in no event shall said amount exceed the allowable amount set by law. CITY agrees to budget and to pay for the professional dues and subscriptions of EMPLOYEE necessary for her continuation and full participation in the national, regional, Kansas, and local associations and organizations necessary and desirable for her continued professional participation, growth, and advancement for the good of the CITY. CITY hereby agrees to budget for and to pay the travel and subsistence expenses of EMPLOYEE for professional and official travel, meetings, and occasions adequate to continue the professional development of EMPLOYEE and to adequately perform necessary official and other functions for the CITY. CITY also agrees to budget and to pay for the travel and subsistence expenses of EMPLOYEE for short courses, institutes, and seminars that are necessary for her professional development and for the good of the CITY.”
The contract then concludes with other terms of employment.
“CITY recognizes that certain expenses for non-personal and generally job-affiliated nature are incurred by EMPLOYEE, and therefore, the finance director is hereby authorized to disburse such monies upon receipt of duly executed expense or petty cash vouchers, receipts, statements, or personal affidavits,” the contract noted. “CITY recognizes the desirability of representation in and before local civic and other organizations, and EMPLOYEE is authorized membership, at CITY’s expense, in the civic clubs and organizations, which the Governing Body deems appropriate. The Governing Body, in consultation with EMPLOYEE, shall specify any such other terms and conditions of employment in writing, as it may determine from time to time, relating to the performance of EMPLOYEE, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this agreement, the City Charter, or any other law regulations. Unless provided for to the contrary in the agreement, all provisions of the City Code, and regulations and rules of the CITY relating to vacation and sick leave, retirement, and pension system contributions, holidays, and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to EMPLOYEE as they would to other employees of CITY, in addition to said benefits enumerated specifically for the benefit of EMPLOYEE as herein provided.”