While I don't hold much stock in anonymous comments and letters, I saw glimmers of questions that should be asked in a public forum, which I took to an appropriate venue. I tried to find the a semblance of decorum in how I asked the questions and in framing them for discussion so as not to be inflammatory. After the meeting, Gary Person and Councilman Gaston both thanked me for the way in which the information was asked and felt that getting the answers out there would be good for the community.
A common theme among citizens present and for Councilman Van Vleet was found in unnamed sources should not deserve a public airing of grievances. I generally agree, but we should also recall that Madison, Jefferson and Jay wrote with pseudonyms when arguing for and against the system of government we currently enjoy today. I personally don't have a problem with anonymity as long as the facts are correct and the public good is served, and not an axe is sought to grind against a fellow citizen.
Having said all of this, below you will find my original post along with the answers attributed to the authors providing the information. I sincerely hope that the concerns of, "A Citizen" are addressed to satisfaction and suggest that if additional, relevant information can be provided which refutes the answers below, that any person with that knowledge contact me or leave a comment on this blog with your contact information. Your identity will be kept confidential and the issue will be addressed. Make no mistake, however about the intention of this publication. It is to address specific issues from time to time and report on the local events and news. It is not and will not be a sycophantic flame thower to besmirch the character of any council member or other public official. I think the one thing we learned last night, from past mayors and councilmen to citizens who sat silent most of the night, was that communication needs to be addressed by council early and often. I heartily agree and ask those who wish to remain in the shadows, to do so quietly or to bring substance into the light when warranted.
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Lady and Gentlemen:
I write today to inquire about several questions which I hope can be addressed either in writing or in person. I have stayed largely out of the dustup over Gary Person's dual role in the city government and I intend to reserve further comment pending the budget discussions later this year. I would like the contents of this letter entered into the council minutes as public comment and respectfully request council to do so.
Dual roles aside, I think that the writer of the letter has a few valid questions with respect to:
1. Were there specific questions as to professional conduct, of either illegal or unethical nature that led to the resignation of the Chief of Police?
Answer from Gary Person: Chief Cox was at the point of retiring and brought a letter of of retirement. No mention of any kind of misconduct was brought forward or mentioned as part of this process. The Chief had put his time in and was eligible for retirement and it was his choice to take it.
2. Are city employees forbidden to talk to council members without approval of the city manager to any such conduct?
Answer from Gary Person and Jordan Ball, City Attorney: City Council members are forbidden to direct or otherwise interfere with the job duties and responsibilities of the employees of the city. A dispute resolution process is in place to allow employees to address grievances, but a balance must be struck so that employees are not allowed to intentionally subvert, undermine or go around a supervisor or executive's decisions. Whistle-blowing in cases of illegal activities are permitted. No one is forbidden to discuss matters of importance with their council members so long as the conditions above are adhered to.
3. Does the council code of conduct forbid/discourage the conduct of Councilman Gaston as expressed at last council meeting (as reported in the, "Sidney Citizen?"
Answer from City Council Members: The code of conduct was put into place to bring a better sense of decorum to council activities. The source of the contention from the previous meeting came from Councilman Gaston not having material discussed at the meeting, and he admitted that he was angry over not having it, and not a particular councilman. Councilman Van Vleet, when asked about his take on the interaction added that there was some, "Heat, but that's alright." In essence, each member of the council believes that the code of conduct does not alleviate them from expressing themselves, and that in the heat of a given moment, passions may arise to a certain degree. All members seemed to be collegial in last night's meeting.
4. Does any city employee have knowledge of a financial shortfall due to a planned economic development refund requests by local business(es)?
Answer from Gary Person: Several Businesses have come to Gary and told him of refund requests that had been made. Due to the nature of state finance laws, localities have no idea when such refund requests have been or are scheduled to apply to sales tax amounts due the city. Accordingly, Sidney doesn't know if them have already been applied, or are scheduled to be applied against tax receipts. The City Manager takes the information that businesses share with them, apprises Council as appropriate and the budget is acted on by the CM and department heads when known information is presented. Based on past experience, the City budgets a certain percentage (between 30-35% reduction) in sales tax revenues as a hedge against unexpected shortfalls. Legislation is in play which would cap those losses, if approved, to 10 percent per year to prevent large swings in operational revenues to localities.
5. What is the nature of the relationship between the city attorney, the City Manager and the City Council? Who represents the interests of the City Manager, and why must City Council must retain external council to address specific concerns.
Answer from those mentioned: The statute indicates that the City Manager hires the City attorney, but that the City Manager, the City attorney or the City Council may add additional legal counsel from time to time as require for a specific area of expertise or in cases of conflicts of interest. The city passed an ordinance which named a particular outside counsel, but there is no retainer fee being applied, nor has the named counsel been utilized by any party.
I am not asking questions with a particular agenda, I just have questions and I respectfully ask that the City Council and City Manager address each question in public.
Respectfully,
Michael Rowland
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