Was City Fully Liable For Managers Comments Until Midnight on August 1st?
.
Mayor and Council,
I would strongly urge you to seek legal assurance that the former Manager:
- Did not short circuit Civil Service Board hearing protocol by issuing his letter of August 1st 2014 before that Board met to formally ratify the decision they rendered on July 30th 2014 regarding the Julia Wiggins appeal.
- Was not under contract with the City when he wrote the City Clerk disparaging my character in his letter dated August 1, 2014 – 5:01pm AS I can find no reference to 5:01pm in his contract or in the addendum there to and would thus conclude that the City is fully liable for his comments until midnight on that date when contracts typically expire baring explicit reference to any other time.
If the City Attorney is reluctant to provide any such assurances then I would suggest you have his letter to Julia Wiggins stricken from her file, And the matter held over until the CSB has formally ratified their decision whatever that may be particularly in light the former Manager’s action as contained in his August 1st letter.
If there is any doubt as to the former Manager’s employment status prior to midnight on August 1st then I would ask for your assurance that the Manager had reviewed the public records retention activities of all board members throughout the City and that I was not singled out for special punitive action and ridicule by the then City Manager.
Baring these actions on your part to mitigate the harm done in these letters you are exposing City residents to actionable legal recourse on a number of counts.
By now I am sure you have seen the attached letter from the former Manager pressing demands of myself based on his understanding of the Public Records provisions afforded by both State Statute and City Ordinance.
You may remember last February that both myself and Councilman Ford urged caution in adopting an Ordinance that placed dubious and un-defined demands that exceed State Statute on citizens who volunteer on City Boards without both compensation and City supplied computers or smart phones.
That advice should have been heeded because when the State takes legislation only so far it is frequently because prudence derived from the greater insight obtained through the committee and public hearing process, conferencing between House and Senate, and Executive consent dictates it go no further.
Those procedural safeguards to properly consider and vet ill conceived Municipal ordinances, driven in this instance by a desire on the part of the former Manager to silence criticism, simply do not exist in local government.
Just how costly the City’s ill conceived EIS ordinance may become in defending those it ensnared, will depend on the amount of personal funds the former Manager is willing to commit, and how long the courts are willing to entertain his efforts.
You may rest assured that the binder the former Manager frequently saw me carry to ABAB meetings has not been destroyed, and depending on the legal advice I receive from the City Attorney will most likely be made available for his perusal and subsequent copying of any pages in which he has an interest by City staff.
You may also rest assured that this is likely not the end of Public Records request you will see, as I imagine that it will only be a matter of time before someone inquiring as to Sunshine Violations requests a copy of the former Manager’s correspondence and private meetings regarding all things financial that he had with his former Finance Director, AND with other ABAB members including any standing for elective office during the 9 months the Manager and Finance Director served on the ABAB
Talk about the pot calling the kettle black.
Ted Noftall
Let me preface by stating that I appreciate all you have done to uncover and expose all the financial issues and poorly run administration. However, you at times can split hairs too. 5:01 pm vs. 12 midnight ? Come on Ted.
As a supporter, one would expect you to have all your ducks in a row, I’s dotted and T’s crossed. You want to hold the administration to high standards and accountability correct ?
Play by the rules and don’t give them any fuel to add to the fire.
This entire scenario at present seems quite bleak and to the point where it will be an eternity before we dig out of it all. We don’t even know if we indeed know it all yet. Fast foreword a year or two – where will we stand on taxes, Riverwalk, overall financials, city personnel, leadership etc. Time will tell.
Concerned citizen
The issue is: Was Kisela acting as a private citizen at 5:01 or was he acting as the top city official at 5:01
So the issue is: will the potential lawsuit involve my tax dollars or just Kisela vs. Noftall and their bankrolls ?
With respect Concerned Citizen, either we are a City of laws or we are not. Half the reason the City is in the mess it is is because Green and his manipulative managers have been picking and choosing which laws they feel like abiding by.
If Kisela stepped in it in his vengeful glee to get Ted and that costs the City some $$$ so be it. Consider that another of the many installments Council will have saddled taxpayers with paying for keeping that that walking disaster around for as long as they did.
My guess would be the addendum was about the date and the managers original contract specfies 5pm as the end of his last day. When I read the ex-managers letter I thought Ted might take a step back but it looks as though the letter has Ted seeking even more documents.
Ill be interested to see how this all plays out. You have to give Ted credit for not being scared off.
This is not city business. This is Kisela’s own personal vengeance against Noftall. I’m surprised more of you folks are not recognizing this fact. If Noftall and bed buddies had not uncovered all of the mistakes and the covering of them by Kisela……Well he would be sitting cozy with 6 figs and benefits.
I find it interesting here that Ted is complaining that someone is questioning his Integrity when he has done the same thing over and over again. A person can only take so much “You suck and I can do your job better” and not respond.
Not let’s be honest, Ted thrives on this… He pushes until someone breaks and then he just ramps it up. Do we remember less than 3 years ago he claimed that Ken Parker got cuts in services on his home with no proof! His comment was it was up to Parker to prove it… Now Ted has to prove that his “Good Name” is being dragged through the mud.
Oh well if Ted has the time to drag this out, I am sure the city will pay the lawyer fees… Gotta love the Fiscal Conservative cost the taxpayers more money.
I agree with Funny. It’s time for all of us to tell Ted to back off. What he promotes as his first amendment rights and rights as a citizen, while technically correct, have stepped over the line. His agenda shouldn’t trump the agenda of the city as a whole. I think it has gotten to that point. Like I said a few days ago, I don’t think you can ever satisfy Ted.