Park Board take over of the Springfield Skatepark

It was planned to be a done deal

When I wrote "The Stage is Set for Springfield-Greene County Parks to Take Over the Skatepark" back in May, I didn't know how right I was. I don't know the exact date the Park Board, or Parks Director Jodie Adams decided not to renew the agreement with the Springfield Skatepark Association but what I do know is the Springfield City Charter, in Section 5.6 states:

"The fiscal year of the City of Springfield unless otherwise provided by ordinance, shall begin on the first day of July and shall end on the last day of June of each calendar year...."

So, when I was doing some unrelated research tonight, I was a bit surprised to learn that in 2007, no later than June 30, 2007, the Park Board requested budgeting and budgeting was included for the running of the skatepark:

Public Parks Sales Tax Fund--2001 Parks Sales Tax Priority Number 1:

"NEW PARK OPERATIONS-SPRINGFIELD SKATEPARK-- Springfield Skatepark Association, Inc., is the organization currently operating the Springfield Skatepark. They are expected to cease operations and management of this facility in October 2007. As a result, the Springfield-Greene County Park Board anticipates operating the facility at that time. To operate this facility, three full time positions are necessary to cover this seven day per week operation and includes the following: (FTE) Community Recreational Coordinator, and two full-time contractual supervisors. To operate this facility, requests for all necessary, operational budget items are included within the budget necessary to begin operating the facility effective October 1, 2007. Total budget for operating this new facility is funded from operating revenues and the 2001 Parks Sales Tax revenues.

Estimated Costs: $339,405. This priority is funded in the 2007-08 budget." - [PDF] CITY OF SPRINGFIELD, MO 2007 - 2008 ADOPTED BUDGET

June 4, 2008, as the city and City Council were budget crunching for fiscal year 2008-09, I wrote, "Springfield Skatepark Association/Springfield-Greene County Parks Mitigation: Example of Open and Transparent Government." In that entry, I quoted from Jason Wert's blog, "Life of Jason,*" an update in which he quoted, in part, Public Information Director Louise Whall as making this statement:

"We have another round of mediation scheduled for January 8 (2008) and we are hopeful this matter can still settle. We want to work with these guys if at all possible. But we don’t feel its appropriate to air any details on the matter until we make this further attempt at mediation. After the January 8 meeting we should be in a position to discuss it more fully.”

We all know now that the city ended up filing suit to try to take ownership of the skatepark.

This story just gets more and more wicked.

We're supposed to believe the city and Park Board were seriously trying to negotiate and work with "these guys" in January, 2008, when they'd already budgeted to take over management of the skatepark 4 months before the agreement was even due for renewal and had stated outright the Skatepark Association was, "expected to cease operations and management of this facility in October 2007" in the budget document for fiscal year 2007-08?

I wonder what happened to that estimated $339,405 that was budgeted for running the Springfield Skatepark last year? Hmmm.

Update: The bus rode around the block on this one:"TWO PLUS TWO MAKES FIVE!"

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*The author (Jason Wert) gives permission for electronic, print or broadcast media to use information from any posting ONLY if a link to this blog site is provided and printed identification of the location of the information provided or the full web address of the site, www.lifeofjason.com, is mentioned as the source of the information."

City Manager Search and Selection Process; Part 3

Not opinion

Springfield City Charter

Article 3

Section 3.2. Compensation

The city manager shall receive such compensation as may be fixed by ordinance.

At this time there is not an ordinance on the August 25, 2008 City Council Agenda fixing the compensation of the new city manager.

The next regularly scheduled Council meeting, (after the August 25 meeting) not including luncheons or special meetings which have not yet been announced, is September 15, 2008.

September 15, 2008 is also the date that has been announced as the official starting date of city manager Greg Burris.

may -

4: shall, must —used in law where the sense, purpose, or policy requires this interpretation

City Manager Search and Selection Process; Part 2

Opinion

I posted City Manager Points of Reference on August 9, following is my personal analysis of the meaning of those references:

Springfield City Charter

Article III. The City Manager

Section 3.1. Qualifications; Term of office

"The city manager shall be chosen by the council on the basis of executive and administrative qualifications with special reference to his experience in, and his knowledge of municipal administrations...."*

The City Charter, indicates the council shall choose the city manager "on the basis of executive and administrative qualifications," which Greg Burris has, but also indicates the Council shall do so with special attention "to his experience in, and his knowledge of municipal administrations."

Shall: b —used in laws, regulations, or directives to express what is mandatory

It's my opinion, and I'm not a lawyer, that if the Charter had not meant the council shall choose a city manager who actually had experience in and knowledge of municipal administrations that the charter wouldn't have advised the council to choose the city manager with special attention given "to his experience in...municipal administrations" and there would have been a period between "qualifications" and "with," and it might have read something like this, for example, my additions in red:

The city manager shall be chosen by the council on the basis of executive and administrative qualifications.

(The city council should, could, can, or might make) special reference to his experience in, and his knowledge of municipal administrations.

Because there is no separation, again, in my lay opinion, the sentence appears, in legal terms, to state:

The city manager shall be chosen by the council on the basis of executive and administrative qualifications (and shall make) special reference to his experience in, and his knowledge of municipal administrations.

Further indication that the intended, mandatory qualification was the city manager position be filled by an applicant who actually had experience in municipal administrations, is the fact that the city, in their job description, which was posted by the search firm Arcus Public, identified what that experience in municipal administration was to be when applied to the "ideal candidate:"

Arcus Public

City Manager - Springfield, MO

"Interested candidates should possess a Bachelor’s degree in Public Administration, Business Administration or related discipline from an accredited college or university. Possession of an MBA or Master’s Degree in Public Administration, or related field is preferred. Ten years of municipal experience, with prior service as a City Manager, Assistant/Deputy City Manager or the equivalent in a comparable or larger community. Certification as an ICMA Credentialed Manager within 12 months of appointment is preferred." (page 5)*

Note: "Interested candidates..."

1. "SHOULD possess a Bachelor's degree in Public Administration, Business Administration or related discipline from an accredited college or university."

2. "Possession of an MBA or Master's Degree in Public Administration, or related field IS PREFERRED."

3. "Ten years of municipal experience, with prior service as a City Manager, Assistant/Deputy City Manager or equivalent in a comparable or larger community."

4. "Certification as an ICMA Credentialed Manager within 12 months of appointment IS PREFERRED."

There is no SHOULD, there is no indication that the Council would PREFER the candidate to have actual city manager, assistant or deputy city manager or equivalent experience in a comparable or larger community in the job description. The job description therefore, indicates that there was an acceptance on the part of the city and/or the Council that the "ideal candidate" would have municipal administrations experience and that they thought the "ideal candidate" would have "Ten years of municipal experience, with prior service as a City Manager, Assistant/Deputy City Manager or equivalent in a comparable or larger community," this was relayed in the job description by the simple omission of the terms "should" or "preferred."


Therefore, I believe it is a legitimate complaint that since Greg Burris has not had prior service as a City Manager, Assistant/Deputy City Manager or equivalent in a comparable or larger community, and that according to the spirit of the City Charter, special reference to his experience in municipal administrations was to be paid by the Council, and their job description further defined what that experience was to be, the Council did not follow the mandate of the City Charter which they are bound to observe.

In fairness, I believe the Council considers Greg Burris' experience at MSU to be "comparable" experience "in a comparable or larger community," however, it is not experience in a municipal administration.

So, in my opinion, for what it's worth:

Legitimate Complaint 2: The City Council did not follow the mandate of the City Charter that, "The city manager shall be chosen by the council...with special reference to his experience in...municipal administrations," even though it appears they accepted that mandate by further defining it in the city manager job description.

*emphasis mine

City Manager Search and Selection Process; Part 1

Opinion

I have chosen to weigh in on the city manager search and selection process because, it is my opinion that, in some regards, people are not considering the City Manager search and hiring process based on the right foundation. To draw opinions of value, those opinions should spring from a foundation of fact and relevant, legal, city policy guidelines.

There have been some legitimate complaints about the process. One argument against the process that I think is a legitimate complaint is that the public wasn't allowed adequate time to get to know the candidates.

Early in the process, the co-chair of the City Manager Search Committee, Mayor Pro Tem Gary Deaver, told the Council and the public that they were not going to get into a hurry to hire the new City Manager. He indicated that interim City Manager Evelyn Honea was well qualified and they could take as much time as they wanted to look at candidates for the position.

It's my recollection, as a blogger/reporter who has attended City Council meetings and luncheons and many other city meetings since early April of 2007, and was present during much of the relevant discussions, that the Search Committee was formed, in the first place, because our volunteer, unpaid, City Council, many of whom work jobs to support their families and make a living, did not have time to initially search for the candidates and so the Council voted to consider search firms to winnow down the field in an open, public meeting. The search firm settled upon was Arcus Public and their hiring was also approved in an open, public meeting of the City Council.

It is also on record that Arcus Public initially contacted over 250 candidates, narrowed that number to 20 candidates and then to 8 candidates who were then brought to Springfield and interviewed extensively by the City Council, and possibly the Search Committee, I'm not sure on that point, but they were again reduced in number, after much interviewing, to the three finalists, MSU's Greg Burris, Hot Springs, Arkansas' Kent Myers and Edmond, Oklahoma's Larry Stevens.

One Council member is on record expressing concerns that the public wasn't allowed enough of an opportunity to meet and get to know the candidates. In fact, in this Springfield News-Leader article, Denny Whayne was quoted expressing just that thought, "I don't think they (the public) did (have enough time to get to know the candidates)," Whayne said. "An ice cream social and a breakfast meet-and-greet. I don't know how you'd have time to get to know anybody.""

In the same News-Leader article, Mayor Carlson, while discussing employee comment cards about the finalists, was quoted as saying, "I can tell you that initial impressions can be misleading," and, "I don't think it would be wise to hire somebody based only on a 5- to 10-minute visit."

So, due to the small amount of time the employees got to actually spend with the finalists, it seems, to me, Carlson was discounting the value of the employees comments regarding the candidates, and don't get me wrong, I agree with Carlson that first impressions can be misleading and I agree it wouldn't be wise to hire someone based on a five or ten minute visit, therefore, I also agree with Whayne. If I agree that city employees' comments were not particularly weighty because city employees didn't have enough interaction with the candidates to really be taken seriously, likewise, I must agree that the publics' comments regarding the actual selection of the new city manager were not particularly weighty because the public didn't have enough interaction with the candidates to have their comments taken seriously, either.

Therefore, in my opinion, not enough time was given to city employees or the public with the candidates for them to form a valid or valuable preference regarding the candidates, so, if that is the case, their "initial impressions" couldn't have been given much value or weight by the Council, whose job it is to represent the citizens, so, in the end, the Council didn't, in this case, represent the people, they represented themselves, individually.

In fairness, I do believe the City Manager Search Committee seriously considered public input regarding the qualities the public would like to see in a city manager, but I do not believe adequate time was given to city employees or the public in the actual selection process of the new city manager and considering Deaver had stated they (Search Committee/Council) weren't going to get into a hurry to hire a new City Manager and that interim City Manager Evelyn Honea was qualified to serve until they reached a decision, it seems, to me, they could have taken as much time as they wanted to allow the public and city employees to interact with the candidates so that their comments and advise regarding the actual selection would have been of more value in the final decision making process of the City Council.

It is also fair to note that, in my opinion, the process was not rushed prior to the Councils' choice of the three finalists but, after the three finalists were chosen, the pace did seem to pick up and there seemed to be a sense of acceleration in the process to get the decision over with and behind the Council.

I do not believe it is fair to the Council to assume they erred by not choosing a recommendation made by the City Manager Search Committee, if there was a distinct preference. Some have indicated there was a distinct order of preference, others have denied that. I'm not going to get into an argument with anyone about whether there was an order of preference offered by the Search Committee because I don't think it is particularly relevant. It was not up to the Search Committee to select Springfield's next city manager. That job, according to the Springfield City Charter is the job of the City Council. So, even if the City Manager Search Committee adamantly recommended a single candidate as their number one choice, it did not and would not, absolve the Council from their duty under the City Charter to select the new city manager. I would have found much more reason to complain, personally, if the City Council had relinquished their responsibility to select the city manager to a committee rather than do their duty.

Section 2.7. Appointment and removal of city manager, as approved BY VOTE OF THE PEOPLE April 1, 1986.

"The council shall appoint an officer who shall have the title of city manager who shall have the powers and perform the duties provided in this Charter. No councilmember shall receive such appointment during the term for which he or she shall have been elected or within one year after the expiration of his or her term. The of the City Manager shall be for an indefinite term, he may be suspended by a resolution which shall set forth the reasons for his suspension and proposed removal. A copy of such resolution shall be served immediately upon the city manager. The city manager shall have fifteen (15) days in which to reply thereto in writing, and, upon his request, he shall be afforded a public hearing, which shall occur not earlier than ten (10) days nor later than fifteen (15) days after such hearing is requested. After the public hearing, if one be requested, and after full consideration, the council by majority vote of its members may adopt a final resolution of removal."*

It was always the intention that the City Manager Search Committee would oversee the search for candidates. It was never the intention of the City Council that the Search Committee would select the City Manager for the Council. In fact, the City Manager is under the purview of the Council and is, according to the City Charter, to be selected by the Council and if, for some reason, the City Manager fails to perform his job satisfactorily, it is the City Council who must vote to approve a resolution to have him or her removed. No one else has the ability to approve a resolution to remove the City Manager but the Council.

So, in my opinion, for what it's worth:

Legitimate complaint 1: The public was not allowed adequate time to get to know the candidates and were, therefore, shut out of the actual selection process because they could not make a recommendation based on anything other than a first impression of the candidates.

Illegitimate complaint 1: The Council erred and was somehow bound to accept and hire a recommendation by the City Manager Search Committee. The Search Committee was to assist the Council in the preliminary process, then hand over the decision to the City Council.

*emphasis mine

Springfield City Council's independent auditor (Investigator) position of vital importance

The decision about who should be the independent auditor hired by the City Council for oversight of the City of Springfield's financial dealings should be as vitally important to the citizens of Springfield as the City Manager's position (I wrote about this position here back in August after a memo from Deputy City Manager Evelyn Honea demanded that all information acquired from departments of the City be run through the City Manager's office prior to its release to any individual Council member. Memo included at end of this entry).

Following is the section of the City's Charter that allows for such an investigator:

Section 2.15. Investigator
The council may appoint an investigator who shall serve for such term as the council may prescribe. He shall be a certified public accountant or a person specially trained and experienced in governmental or business investigation or administration. His
duty shall be to keep the council informed as to the work performed, methods, and financial affairs of the city. He shall not be responsible for the keeping of accounts. He shall make such investigations of the work of all departments of the city and such reports to the council as it shall require. He shall make such other investigations as the council may direct. He shall have access to all books and records of all departments of the city. If the council desires, he shall certify to the correctness of any or all financial reports before the same shall be regarded as official.

The City suggests it will go outside Springfield to seek applicants for the City Manager position which Bob Cumley will vacate next year. Sources tell me that the Council is considering hiring someone locally for the position of independent investigator.

Memo from Deputy City Manager, then Assistant City Manager Evelyn Honea:

TO: Management Team Management Team Secretaries
FROM: Evelyn Honea, Assistant City Manager
RE: Process for Sending Material/Information to Mayor and City
Council
DATE: June 25, 2007
_________________________________________________

Any information or material being sent to the Mayor and members of City Council MUST be approved by the City Manager or Assistant City Manager BEFORE it is sent to Councilmembers.

To avoid confusion, please use the procedure outlined below:

1. Any memo or other information should be e-mailed to Evelyn Honea or Bob Cumley for approval. Please provide a hard copy if it is not possible to e-mail the material.

2. You will be notified of Bob/Evelyn's approval or asked to make changes. If asked to make changes, please resubmit the corrected material for approval.

3. Upon approval, please provide 13 copies to the City Manager's Office for distribution to Council. A member of the City Manager's staff will deliver the material to the Council mailboxes. (The 13 copies include: 9 for Mayor and Council, 1 for the media folder, 1 for the City Clerk, 1 for the City Manager, and 1 for the Assistant City Manager.)

4. Mail is only delivered to the Mayor and City Council on Wednesday afternoons at 4:00 p.m., prior to City Council meeting every other Monday night, and at Tuesday luncheons. Please keep this schedule in mind when communicating with Councilmembers.

Thank you for your cooperation and assistance with this process.

EH/jgcc:

Bob Cumley, City Manager
Brenda Cirtin, City Clerk
Anita Murphy Cotter, Assistant City Clerk

Hey, the peanut gallery needs to apply for volunteer service on the City Manager Search Committee!

Council Bill 2007-351 qualifies as an item of interest. It's a resolution to formulate the process for establishing a Search Committee for the hiring of a new City Manager. It states, in part:

"Whereas, it has been determined that a Search Committee which will consist of representatives from a cross section of the community will be established, and Mayor Pro Tem Gary Deaver will Chair this Committee; and

Whereas, there may be other members of City Council that desire to be involved in establishing the criteria for the Search Committee, and in determining its makeup.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SPRINGFIELD, MISSOURI as follows:

That Mayor Pro Tem Gary Deaver and members of the City Council desiring to do so, shall meet and establish the process for selecting members of the Search Committee.Additionally, they should develop the process they wish the Search Committee to follow in selecting candidates for the City Manager position. This selection process shall be presented to City Council for formal approval within thirty days of the passage of this resolution.

Be it further resolved that following the formal approval of the selection process, citizens interested in serving on the Search Committee shall file a Volunteer Service Application with the City Clerk. All applications received by the deadline established by the process, will be considered for appointment to the Committee. The names of those being recommended to serve on the Selection Committee shall be submitted to the City Council for final approval, not more than thirty days following the deadline."

Under remarks the bill states:

"Mayor Tom Carlson has indicated that he would like to follow the process that was following when Missouri State University was looking ot hire a new President. That process was the establishment of a Search Committee that was comprised of members of the Board of Governors, alumni, faculty, staff, and students. This approach provided representation from a wide range of perspectives."

I hope they do not forget to include representatives of the peanut gallery on the Search Committee. I know peanut gallerians do not always have "real money at risk, time, money, and effort to spend,"* but they deserve representation as much as anybody else. And please, do not forget conspiracy theorists, you never know, Tony Messenger might want to file an application. Oh, my, I wonder if the applications will be subject to the Sunshine Law? That could open a whole new can of worms! ;)

*source: Mayor Tom Carlson

Correction concerning Council Bill 2007-241

I wrote about Council Bill 2007-241 here, here and here.

Please excuse my "greenness," but I was mistaken about what I thought was a connection between City Charter Sec. 2.8. Prohibition of Interference and the bill. The Bill referred to Sec. 2-8 of the Municipal Code, which was, indeed, on the topic of Disclosure of certain transactions.

This link, www.municode.com will take you to the index of the Municipal Code. You will find under PART II CODE, a hot link of Chapter 2 ADMINISTRATION,* it will take you to another index. There, locate Sec. 2-8 and click on that link. That link will take you to Sec. 2-8 Disclosure of certain transactions.

If I understood her correctly, City Clerk, Brenda Cirtin, said that Bill 2007-241 is intended to keep employees of the City of Springfield from having to file lengthy disclosure forms every two years when/if their only transaction with the city that amounts to more than $500.00 is met through the paycheck they are paid by the city as their employer.

My apologies for my misunderstanding and connecting the bill to the City Charter rather than the Municipal Code.

Earlier today I received a question about it in the comment section of one of my past entries on the subject. An anonymous commenter wanted to know what the status of the bill was after the last council meeting. The bill was requested to be removed from the consent agenda by Councilman Burlison. It was moved to second reading bills. When it came up, Mr. Burlison questioned the bill as to why the language was necessary regarding the Attorney General needing to interpret it. Ms. Cirtin responded to Mr. Burlison's question, a vote was taken and the bill passed unanimously.

If you are interested in more detail on this bill there is a website for City of Springfield, MO - TV23 where citizens may go on-line and view the council meetings.

The City Council needs to appoint an investigator, per City Charter Section 2.15

I've been sleuthing around the Springfield City Charter, you know, since some people like to pull it out like it's a gun to silence questions? Anyway, I'll bet you didn't know about Section 2.15. Investigator:

The council may appoint an investigator who shall serve for such term as the council may prescribe. He shall be a certified public accountant or a person specially trained and experienced in governmental or business investigation or administration. His duty shall be to keep the council informed as to the work performed, methods, and financial affairs of the city. He shall not be responsible for the keeping of accounts. He shall make such investigations of the work of all departments of the city and such reports to the council as it shall require. He shall make such other investigations as the council may direct. He shall have access to all books and records of all departments of the city. If the council desires, he shall certify to the correctness of any or all financial reports before the same shall be regarded as official.

What say you, Council? I like the idea of having an investigator who can march into any office in the city, ask any question, examine any book and tell it like it is to the council.

Deputy City Manager Honea doesn't like the idea of anyone talking to Council without first running it by her or City Manager Cumley. There's a way to deal with that. Appoint an independent investigator, the investigator will have the power to find out anything you'd like to find out.

This isn't to say that I think it was necessary to stifle and chill communications between the council and employees of the city, but an investigator would take away even a shadow of a doubt as to the right of the council to be privy to any and ALL matters of the city and to be privy to that information BEFORE it goes through the filter of the City Manager, the Deputy City Manager or the Assistant City Manager. I would hope that council would choose their investigator wisely.

I'm not going to stop reading the Charter until I read the whole dang thing. I'll let you know if I come across any other interesting little factoids.

The City Manager answers to the the Council, not vice versa. Sometimes I wonder if both the Council and the City Manager need to be reminded of that.