Danielson was paid per month and not per hour, and as an exempt employee (exempt from wage and hour regulations) he was not required to record the times that he worked nor did his contract require him to do so. His contract only called for him to notify the Town when his total hours exceeded 860 hours.

How is he supposed to notify Atherton his time went over 860 hours if he didn't keep track of how many hours he worked?

The contract specifies that Danielson has the 'discretion to determine his work schedule'. There was no requirement that he report hours worked. Any personal records that he may have kept would not be subject to the FOI request by Johns.

This topic begins with the rebuttable presumption that the Interim Town Manager is required to file time cards and then asserts that because he did not do so that there was a lack of leadership.

Since the presumption is incorrect so then is the assertion.

Assuming Danielson worked just 1 calendar year, there's 253 working days between 1-3-11 and 1-3-12. If CALPERS limited him to 860 hours, then he could only average 3 hr 25 minutes per working day as Interim City Manager.

Atherton paid him $14,000 / month. Assuming he worked only the 860 hours, he would have made $195 / hr.

Expressed another way, if he were to have put in an 8 hour day, he would have completed his 860 hours in 107 work days and would have had to stop working on 6-3-11.

Executives are paid for job performance not for hours worked - and that is exactly what the Danielson contract stated.

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