There’s been another change in leadership within the City of Odessa.
Tom Kerr, who has long held the dual titles of director of utilities and director of public works, is out as the director of utilities.
According to records obtained by the Odessa American under the Texas Public Information Act, Kevin Niles became the director of utilities effective July 5.
Kerr, Interim City Manager Agapito Bernal and Communications Director Monica McDaniel did not respond to the OA’s emails seeking comment.
In an email, the city’s public information coordinator, Jennifer Reynier, stated the following: “I have located zero emails regarding Mr. Kerr and his change in job status, behavior, job performance, work ethic, or any other HR issue.”
Niles was most recently the district manager of the Stratmoor Hills Water and Sanitation Districts in Colorado and prior to that he was the general manager of the Arkansas Groundwater Users Association. He holds degrees in urban planning and political science from the University of Colorado Denver and University of Colorado Colorado Springs, respectively.
City records show Kerr was hired by the City of Odessa in February 2013 as the director of utilities and he took on the secondary role of director of public works in November 2014.
When Kerr assumed the extra title, he was earning just over $134,000 a year. City records show he is currently making $163,334 annually. It’s unclear if he suffered a loss in salary when Niles took over some of his duties.
Niles’ annual salary is $140,000, records show.
Records also show Kerr has “exceeded expectations” on his annual reviews. In September 2021, former Assistant City Manager Phillip Urrutia noted Kerr’s leadership had “excelled” despite COVID-19 and during a time when the city had issued certificates of obligation.
Kerr made headlines when he abruptly announced his resignation during the middle of a city council work session in late February citing stress. He later withdrew his resignation.
Kerr’s outburst came in the middle of a discussion over his proposed list of future roadway projects that he and his staff have prioritized. His first list consists of 23 reconstruction projects with a project price tag of more than $91 million.
The city’s annual roads budget is about $6 million. The city would have to figure out how to pay the extra millions for the proposed projects.
Kerr told Mayor Javier Joven he thought a Crane Avenue project should be bid as a single project because the road crews would have to wait until the utilities are completely done and then the city would have to go out to bid again.
Joven said the crews would have to wait anyway and the project would cost an extra 25%. Kerr disputed that, but could not say how much the city would pay. Joven persisted and used Faudree Road as an example.
The two men then started talking over each other.
“I’m asking is it possible to look at…,” Joven said.
“It’s always,” Kerr started to say.
“I’m just trying to see if we can save some money here,” Joven interrupted.
“Yes, sir. I understand,” Kerr said. “I’m sorry sir. I’m just trying to tell you what my perspective is.”
Seconds later, Councilmember Chris Hanie started to complain about West County Road.
“You’re just doing the intersections,” Hanie complained.
“That’s the state,” Kerr pointed out.
Hanie said he knew that, but continued to complain about the road “disintegrating.”
“I want to tell all of you all right now. You have my immediate notification of retirement. I’ve been through enough stress. I thank you all very much. I give you two weeks notice as a matter,” Kerr said.
Although Kerr did change his mind about leaving the city, it’s been no secret his departments have been short-staff and underpaid for awhile.
Former wastewater treatment plant director Melissa Looney, who reported directly to Kerr, resigned earlier this year, citing, “Stress. Not enough employees, leaving more work for me. Pay for my employees. Under appreciated.”
A Texas Public Information Act request resulted in the OA obtaining a series of emails between Kerr and Bernal.
A few weeks before he blew up at the city council workshop, Kerr informed Bernal and then Assistant City Manager Aaron Smith his department has been short on personnel for more than a decade. He explained he’d been reducing staffing levels in water distribution and collections so he can “hold on to staff as well as try to recruit” but not having much luck.
“Morale is not good. Significant compensation adjustments are necessary. We do not get applications and there is no way to solve the problem if we are not recruiting,” Kerr wrote. “We have high demands on field work forces and can only accomplish the immediately critical things. True operational maintenance is not possible.”
Kerr provided specific numbers outlining his staffing issues.
While Kerr said he recognizes police officers and firefighters are critical, so is his staff.
“I know the vast majority of personnel want to work very well, however the stresses of the work load, lack of support personnel, experience/training and compensation is a path to crisis,” Kerr wrote. “Please help us help the community efficiently and effectively. I know the difficulties and I am sorry they exist, but I do not think we can ignore the elephant in the room and be good stewards of our obligations.”
Bernal responded with a two-paragraph email in which he said the city appreciates all of its employees and he’d be bringing Richard Salinas, who was hired as the assistant director of utilities on Dec. 12, 2022, into the office five days a week.
“All departments are being evaluated to make better use of our resources,” Bernal wrote.
Kerr told Bernal he didn’t think that would be helpful. He said Salinas had been hired to help until the city found another person. He described Salinas as doing a “tremendous amount of work” already even though a family obligation was keeping him home two days a week.
“Mr. Salinas is not likely able to do this (work in the office five days a week) and may have to retire. If he does, my needs will be tremendously worse,” Kerr wrote. “This only jeopardizes what resources we currently have…I cannot see how losing him helps. We have not received any qualified applications for his position.”
Bernal responded by telling Kerr to inform Salinas he had to work onsite starting Feb. 21.
According to records obtained under the TPIA, the city fired Salinas for “insubordination” Feb. 22 when he didn’t report onsite.
In addition to Looney, more than a dozen other high-ranking city employees have retired or resigned from the city since November, including Assistant City Manager Cindy Muncy, Finance Director Larry Fry, Odessa Fire Chief John Alvarez, OFR Assistant Chiefs Rodd Huber and Saul Ortega, Director of Development Randy Brinlee, Traffic Chief Hal Feldman, Parks and Recreation Director Steve Patton and Budget Manager Zackary Beseril.
The city has also lost the vast majority of its staff attorneys and Smith was fired in March. He has since filed a whistleblower lawsuit against the city.
