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.