HomeMy WebLinkAbout03282017 City Council Laydowns'Poll
Amendment to Resolution,2a f -018
Remove to current wording in Section 2 to a new Section 3.
Add the following wording in Section 2; With the concerns the community has raised, Council
respectively requests the National Marine Fisheries Service (NMFS) to conduct an after -action
survey of the training area, migration routes, haul out areas and rookeries; and advise the
concerned communities of any findings.
MEMORANDUM
TO: MAYOR AND MEMBERS, SEWARD CITY COUNCIL
FROM: WILLIAM A. EARNHART_ c"-
RE: ROLE OF CITY COUNCIL IN SUPERVISING ADMINISTRATIVE
EMPLOYEES
CLIENT: CITY OF SEWARD
FILE NO.: 507486.1002
DATE: MARCH 24, 2017
INTRODUCTION:
At the March 13, 2017 Council meeting there was a public exchange between a
Council member and the City Attorney regarding secrecy of an executive session that
alluded to several allegations made by the Council member regarding administrative
staff during the evaluation of the City Manager. Later in the same Council meeting a
member of the administrative staff complained publicly of being "stalked" by a Council
member. The complaint of the staff member merits a response by Council. This
episode exposed not only a disagreement between a Council member and the
administrative staff, but also revealed several areas of potential liability to the City and
confusion as to the role of Council in supervising the administrative service.
QUESTIONS PRESENTED:
I have been asked to discuss the proper role of Council members in investigating
allegations of administrative staff policy violations; whether there is evidence of any
policy violations; and to evaluate the exposure, if any, to the City, in regard to the
alleged employee surveillance. The alleged policy violations and potential exposure to
the City in regard to the "stalking" allegation will be addressed in executive session or
other confidential forum to protect the reputation and privacy of the City's employees
and others and to provide legal advice regarding potential threats to the City's finances.
BACKGROUND:
It has recently been publically discussed that a Council Member possessed a
stack of documents, including prints of Facebook postings and photographs, that she
stated were evidence of violation of City policy and code and were a serious problem for
the City.
507486\1002\00600947
In discussing the Council member's current concerns and several other concerns
regarding payroll, employee hiring, employee promotion, and workforce morale have
been noted, including prior public record requests for payroll records for individual
employee overtime; the resignation of a prior employee; and the hire and professional
advancement of another current employee.
PERTINENT CODE AND POLICIES:
Charter 3.7. - Restrictions of power of council.
The council and its members shall not direct the appointment or removal of any
administration officer or employee of the city and shall deal with the administrative
service of the city through the city manager only.
(10/04/94, Resolution No. 94-117)
2.10.090. - Interference in administrative service prohibited.
None of the city council, nor any of its committees or members, shall direct,
request or attempt to influence, either directly or indirectly, the appointment of any
person to office or employment by the city manager, nor in any manner interfere with
the city manager to prevent him from exercising his own judgment in the appointment of
officers and employees in the administrative service. The council and its members shall
deal with the administrative service solely through the city manager and neither the
council nor any member thereof shall give orders to any of the subordinates of the city
manager, either publicly or privately.
RULE 11. INTERFERENCE IN ADMINISTRATIVE SERVICE PROHIBITED
No member of Council may direct, request or attempt to influence, either directly
or indirectly, the appointment of any person to office or employment by the City
Manager. No member of Council may interfere with the City Manager to prevent them
from exercising their own judgment in the appointment of officers and employees in the
administrative service. The Council and its members may deal with the administrative
services solely through the City Manager and no member of the Council may give
orders to any of the subordinates of the City Manager either publicly or privately. (SCC
§ 2.10.090)
DISCUSSION:
There appears to be deep seated animosity against the City Manager and
Finance Director by some individuals in the community for a number of personnel
decisions. I suspect that some of the animosity goes back before even 2013 and is
based on personalities and long past history. We need to realize that there are
numerous family relationships and even more friendships within our workforce. This is
not uncommon even in larger communities. Bloomberg recently reported "word of
mouth" is still the best way to be hired. Our nepotism policy tries to forbid the clearest
conflicts of interest; it does not require co-workers to not be friends.
-2-
507486\1002\00600947
Hiring, supervising, and disciplining employees are the exclusive responsibility of
the City Manager. The City Council supervises the City Manager and sets basic policy.
Council members should not participate or interfere in any specific personnel action.
Council's role is in evaluating the Manager on whether those personnel decisions work
out for the City. That is not to say that Council members cannot raise specific personnel
concerns to the Manager. It is helpful to the Manager to be informed of employee
activities or skills of which he was not otherwise aware.
Further, if there is a concern that the City is not following the law or is not being
transparent, then those concerns should be raised with the City Manager. Even if not
satisfied with the Manger's response, personnel issues should not rise to the Council
level except at the evaluation of the Manager, or if there is a clear and immediate
concern of illegality or substantial threat to City finances. Individual hiring and
promotional decisions should not otherwise elevate to the Council. Employee efficiency
and morale are of concern to the Council as general issues and not for individual
employees.
The Council member has a responsibility to bring her own concerns and those
credibly raised by her constituents to the attention of the City Manager. If she is not
satisfied with his response she can address it at his evaluation or ultimately request the
Council terminate his employment. None of the personnel concerns raised by the
Council member appear to rise to a policy violation and in no case should a Council
member keep a dossier on an employee.
WAE/ALK
-3-
507486\1002\00600947
12 e)11 q
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rou nir l a)t�e v
This memo is biased- please see notes below laso3ra4a
This memorandum is not factual, it's opinionated, one sided and appears the city attorney is working for administration -
not for the citizens of Seward.
MEMORANDUM
TO: MAYOR AND MEMBERS, SEWARD CITY COUNCIL
FROM: WILLIAM A. EARNHART
RE: ROLE OF CITY COUNCIL IN SUPERVISING ADMINISTRATIVE
EMPLOYEES
CLIENT: CITY OF SEWARD
FILE NO.: 507486.1002
DATE: MARCH 24, 2017
INTRODUCTION:
At the March 13, 2017 Council meeting there was a public exchange between a
Council member and the City Attorney regarding secrecy of an executive session that
�� -' + i inr,il mamhar ran'ra
arriinri admin'sti'dc
'&�ruueCl te"�cJ@ffl�'8ili�gaiififl9-ftixiaua.. •r fhp- -C.n- --.. _.. ..._..._ _. . . _...�
o,r J!anager. Later in the same Council meeting a
member RRf the administrative staff complained publicly of being "stalked" by a Council
member.L he complaint of the staff member merits a response by Council. This
episode exposed not only a disagreement between a Council member and the
administrative staff, but also revealed several areas of potential liability to the City and
confusion as to the role of Council in supervising the administrative service.
QUESTIONS PRESENTED:
I have been asked to discuss the proper role of Council members in investigating
allegations of administrative staff policy violations; whether there is evidence of any
policy violations; and to eval e the exposure, if any, to the City, in regard to the
alleged employee surveillance he alleged policy violations and potential exposure to
the City in regard to the "stalking" allegation will be addressed in executive session or
other confidential forum to protect the reputation and privacy of the City&. .p!oyPPs
and others and to provide legal advice regarding potential threats to the City's finances.
BACKGROUND:
6 It has recently been publically discussed that a Council Member possessed a
stack of documents, including prints of Facebook postings and photographs, that she
stated were evidence of violation of City policy and code and were a serious problem for
the City.
507486\1002\0060094 7
In discussin the Council member's current concerns and several other concerns
regarding payroll%` , and workforce morale have
been noted, including prior public record requests for payroll records for individual
employee overtime; ;aAd4he-hiie and professional
PERTINENT CODE AND POLICIES:
Charter 3.7. - Restrictions of power of council.
The council and its members shall not direct he appointment or removal Aany
administration officer or employee of the city and shall deal with the administive
service of the city through the city manager only.
(10/04/94, Resolution No. 94-117)
2.10.090. - Interference in administrative service prohibited.
None of the city council, nor any of its committees or members, shall direct,
request or attempt to influence, either directly or indirectly,hthe appointment oflany
person to office or employment by the city manager, nor in any manner interfere with
the city manager to prevent him from exercising his own judgment in the appointment of
officers and employees in the administrative service. The counci'�n--d its members shall
deal with the administrative service solely through the city manager and neither the
council nor any member thereof shall give orders to any of the subordinates of the city
manager, either publicly or privately.
RULE 11. INTERFERENCE IN ADMINISTRATIVE SERVICE PROHIBITED
No member of Council may direct, request or attempt to influence, either directly
or indirectly, the appointment of any person to office or employment by the City
Manager. No member of Council may interfere with the City Manager to prevent them
ariminktrative gprvic a The Council and its members maj deal with the administrative
services solely through the City Manager and no member of the Council may give
orders to any of the subordinates of the City Manager either publicly or privately. (SCC
§ 2.10.090)
DISCUSSION:
There appPp�rs to be deep seated animosity against the City Manager and
Finance Directomxy some individuals in the community for a number rqQ* personnel
decisions. I suspect that some of the animosity goes back before evert2013 and is
based on personalities and lQrig past history. We need to realize that there are
numerous family relationship Ud even more friendships within our workforce. This is
not uncommon even in larger communities. Bloomberg recently reported "word of
mouth" is still the best way to be hired. Our nepotism policy tries to forbid the clearest
conflicts of interest; it does not require co-workers to not be friends.1
-2-
507486\1002\00600947
Hiring, supervising, and disciplining employees are the exclusive responsibility of
the City Manager. The City Council supervises the City Manager and sets basic policy.
Council members should not participate or interfere in any specific personnel action.
Council's role is in evaluating the Manager on whether those personnel decisions work
out for the City. That is not to say that Council members cannot raise specific personnel
concerns to the Manager. It is helpful to the Manager to be informed of employee
activities or skills of which he was not otherwise aware.
Further, if there is a concern that the City is not following the law or is not being
transparent, then those concerns should be raised with the City Manager. Even if not
satisfied with the Manger's response, personnel issues should not rise to the Council
level except at the evaluation of the Manager, or if there is a clear and immediate
concern of illegality or substantial threat to City finances. Individual hiring and
promotional decisions should not otherwise elevate to the Council. Employee efficiency
and morale are of concern to the Council as general issues and not for individual
employees.
The Council member has a responsibility to bring her own concerns and those
credibly raised by her constituents to the attention of the City Manager. If she is not
satisfied with his response she can address it at his evaluation or ultimately request the
Council terminate his employment. None of the personnel concerns raised by the
Council member appear to rise to a policy violation end in no case should a Council
member keep a dossier on an employee.
1. To state that WAE/ALK ion ueiween the council member and the attorney alluded to "several allegations" is incorrect and a mis
statement. There was one allegation. It was an allegation of nepotism.
2' This fails to mention that a council member made public her concern for her and her family's safety.
3' This does not point out the council member's concern of leaking confidential information which prejudices the reputation of the individual
council member and merits an answer from the city. Let's not forget the council member and her family member felt threatened by two
members of staff in public.
4` This introduction fails to point out the liability to the city when confidential information is leaked that prejudices the reputation of an
individual
5' Once again, this fails to mention the council member being harrassed publicly by two members of the City of Seward administration.
6' It has not been publicly discussed; please clarify. This was not discussed in a public meeting- there were allegations made publicly but
there were by no means a public discussion that the council member was a part of. Who was part of this discussion? There was no
discussion, only vitious accusations from a member of staff. Once again, this is a prejudice of a council member's reputation. If we are
going to get specific as to what documents the council member possesed at the evaluation- perhaps the attorney should have asked the
council member directly rather than reporting on information that came from an executive session. The "stack of documents" that the council
member presented were A (1) screen shot of a facebook posting and A (1) photo from a public street of two cars parked in a driveway.
7' The council member has asked for a public records request of payroll OT, regular time and contracted services. The other concerns listed
in this paragraph are false claims and not concerns that belong to the aforementioned council member.
8` The public has expressed concerns before council about several other department heads, not just the finance director and the city
manager.
9` Please clarify why the date 2013 is being used?
10` and 11' When is it nepotism?
12' How is it that the city attorney can say that none of the personnel conferns raised by the council member appear to raise a policy
violation if he dij u94AAWWuation/ executive session and has nod directly asked the council member what those personnel concerns
are personally?
March 28th, 2017
If members of the staff want to identify me as a "stalker" and accuse
me of "surveilling" their house, they are misinformed. To use the word
surveillance insinuates that a person has been followed or watched for
an extended amount of time. To use the word stalking also insinuates
that a person has been followed or watched closely.
Both of these terms are incorrect. Since the staff member received
secondhand information, I can understand how my actions may have been
misunderstood. None of my actions justify terminology to be used such as stalker,
surveilling, attacks, intimidation or other vicious verbiage.
I am not embarrassed nor reluctant to admit what I have done. I asked
the city attorney a question in regards to nepotism within our city.
I was given an answer that did not appear to be factual.
Through my own investigations, which were limited to two tasks and two
tasks only; looking at Facebook posts and taking a picture of two cars
parked in a driveway from a public street — I concluded that the
question needed to be re -addressed.
Unsatisfied with the city attorney's response, I presented the same
question in executive session, at the evaluation of the city manager.
When my question still was not answered, I provided the information I
felt would be helpful for the city manager to know what I knew so he
could protect the city from potential violations of city code.
I apologize for the actions of whoever it was that inappropriately
leaked executive session information and caused a member of staff and myself
such distress.
I took a photo from a public street of someone's cars parked in a
driveway and I looked at Facebook postings, that is all I have done.
If any discomfort has come up due to my desire to uphold code — I
apologize. I simply want to know we are living in a code abiding city.
By no means have I intended to hurt anyone nor did I intend to say or
do things that could impair the safety of me and my family.
Executive session is supposed to be a safe place for members of the
council to bring personnel concerns to the city manager.
I do not agree with the statements made in the city attorney's
memorandum that was presented to the public on March 24, 2017. 1 feel
this memo is biased, it is not factual — it's extremely opinionated;
it's one-sided and appears the city attorney is working for the
administration and not for the citizens of Seward/the city Council.
The attorney's memo does not address any concerns made publicly by me at the
March 13, 2017 council meeting in regards to the safety of me and my family. I
feel these omissions of essential information are intentional and lead me to believe
that the attorney was guided in writing his memorandum by the same individual(s)
that spoke of executive session outside of the executive session.
I believe there are individuals within the city of Seward that want to intimidate me
and scare me however they possibly can. I do not feel I have done anything
wrong and I will not permit members of city staff/ officials to bully me, gaslight the
situation or try to make me look like someone I am not.
I strongly recommend that whomever it was that slandered my actions made in an
executive session outside of executive session not only apologize to me and the
members of staff that have been subject to this unethical behavior but more so- I
feel that individual owes the citizens of Seward an apology.
I have attached a copy of the attorney's memo to this letter which I would like
to make public record. It is my right. The actions that the city of
Seward has taken thus far appears to prejudice my reputation and I
have the right to make known the facts.
Ristine Casagranda
Council member
March 22, 2017
To: Jean Bardarson, Mayor City of Seward and Members of the Seward City Council
Via: Johanna Kinney, Seward City Clerk, Valarie Kingsland, Director, Library -Museum,
Councilwomen Ristine Casagranda
From: Linda Lasota, Chair, Seward Historic Preservation Commission
RE: Request for funds to edit and format 2017 Seward Historic Preservation Plan
This is a request to contract for an overall review and editing by a third party of the 2017 Seward
Historic Preservation Plan, currently under review and revision by the Seward Historic Preservation
Commission.
The goal of this contract is to produce a professional document, through line editing, citation check and
consistent formatting that contains the complete plan, historic photos, and appendices.
The Commission has completed a revision of the 1996 Historic Preservation Plan that intended to
refocus the community of Seward and the Commission on preservation issues of that time period. The
current plans development method and public involvement began in 2013 with an application grant
from the Alaska Department of Natural Resources' Office of History and Archeology, through a contract
by CLG grant to Nuka Research and Planning Group. SHPC and Nuka Research facilitated a public forum,
survey and incorporated the information gathered by the citizens of Seward into the plan. Upon final
submittal by Nuka Research in late 2014, it was found by the commissioners seated at that time, the
plan did not meet the goals and ideas needed for a City of Seward historical preservation plan and the
plan was not accepted.
Due to the collaboration of commission members, staff and local historians to produce this plan, this
Commission feels the 2017 Historic Plan, needs a third party to produce the final document to be
submitted for City Council consideration, review and approval. Your current Seward Historic
Preservation Commission has volunteered numerous hours over the last 1.5 f years to present to you a
viable, plan for the future but needs professional assistance for the final phase.
Funds requested — $;700.00 and not to exceed $2,000.00
Thank you very much! r
Linda Lasota, Chair %John French, Vice Chair Laur Eric . Commissjoner
Wolfgang Kurtz, omrrfssioner Wadeen Hepworth, Commissioner Fred Woelkers, Commissioner
3�2 %
Johanna Kinney
From: Valarie Kingsland
Sent: Tuesday, March 28, 2017 12:06 PM
To: Johanna Kinney
Subject: FW: funding sources
Hi Johanna,
Just wanted to share that another funding source to edit/format the draft HP plan has been found. Please review the
email thread below and let me know if you have any questions or concerns. I'd like to talk about this before tonight's
meeting if you have a moment.
Thanks so much!
Valarie
Valarie Kingsland, Director
Seward Community Library & Museum
PO Box 2389 Seward, AK 99664
907.224.4008
-----Original Message -----
From: Valarie Kingsland
Sent: Monday, March 27, 2017 6:00 PM
To: Jean Bardarson <Ibardarson@cityofseward.net>
Subject: FW: funding sources
Dear Mayor Bardarson
Please see below for a generous offer by the Judith Bittner, Director of the State Histoiric Preservation Office to grant
$2000 to the Seward Historic Preservation Commission for the purpose of editing and formatting the draft historic
preservation plan that fits within the timeframe the Commission has set for themselves.
Ms. Bittner' request to review and comment on the plan is an excellent request that can only help to produce a stronger
historic preservation plan. I'll submit the annual report tonight in order to be eligible for the funds.
I understand the proposal submitted by the HP Commission will be up for discussion at tomorrow night's meeting, so I'll
await further directions.
Respectfully,
Valarie
Valarie Kingsland, Director
Seward Community Library & Museum
PO Box 2389 Seward, AK 99664
907.224.4008
From: Bittner, Judith E (DNR) [judy.bittner@alaska.gov]
Sent: Monday, March 27, 2017 10:57 AM
To: Valarie Kingsland
Cc: Louthan, Summer L (DNR)
Subject: RE: funding sources
Valarie -
1 talked with my grants administrator and she said we have enough FY16 Historic Preservation grant funds left to cover a
$2,000 grant. It is a small sum and your time frame works within the deadline for the grant funds. Before we can work
on the grant we need you to submit your annual report. Also we would like to have an opportunity to review and
provide comments on the current draft plan prior to it being sent to the editor. We can turn our review of the draft
around in one week.
Judy
From: Valarie Kingsland [mailto:vkingsland@cityofseward.net]
Sent: Friday, March 24, 2017 1:27 PM
To: Bittner, Judith E (DNR) <judy.bittner@alaska.�ov>
Subject: funding sources
Hi Judy,
Hope all is well with you!
I'm writing to ask if there is any funding available to help the Seward Historic Preservation Commission to do a
professional edit and formatting of their draft HP plan. They do not have a written quote but expect it to be under
$2000.00. They have a self-imposed deadline to complete it before three commissioners time is up in May.
They have drafted a proposal requesting funds from the City on Monday, but the Mayor had asked that they look for
funds elsewhere before requesting any from the City at a work session last month.
Once the plan has been edited/formatted, there may be interest in applying for a grant to hire a consultant familiar with
HP planning to finalize the document.
Please feel free to call to discuss details if you prefer.
Many thanks,
Valarie
Valarie Kingsland, Director
vkinpsland@cityofseward. net<mailto:vkingsland@cityofseward. net> 1907.224.4008
Seward Community Library & Museum
PO Box 2389 239 6th Avenue I Seward, AK 99664
907.224.4082 (fax) 907.224.3521
libmus@citvofseward.net<mailto:libmus@cityofseward.net>
www.citvofseward.us/libmus<http://www.cityofseward.us/libmus>
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