Sunday, October 25, 2009

Brouhaha Brewing with the City Manager

Looks like we have a major brouhaha going with the city manager.

Let's recap for a second. In June I again brought forth the idea of banning cell phones/texting while driving at a city council meeting. A few days after the meeting I spoke with the mayor and he agreed that getting the info from other cities as to how it works for them could be useful. He advised me to contact my council rep and have the rep request the item for a committee meeting.

Michelle Distler did this on 6/24/09 with an email to the city manager:

I received a call from Ray in regards to the Cell Phone Ban. He mentioned he had spoken to Jeff and that Jeff was interested in seeing what other cities have done and how it is working for them. Jeff advised Ray to speak to me and have me ask to have this item put on a committee. I told Ray it probably would not be until after budget and he was fine with that. So I am making a request for this item to be put on a committee meeting. Thank you. Michelle

Since over the summer the budget did have priority the item came up at the F & A committee meeting on 10/6/09. As pointed out in the blog entry below of Sat, 10/10/09, the primary question was never answered nor even addressed. During the meeting Ms Distler asked if I could supply a list of some of the cities and she would pass that on so we could get the info as originally requested. On 10/9/09 Ms distler sent the city manager an email which included a list of cities that I had sent to her.

Carol,
Due to the fact the original request was not fulfilled, we would like to see this come back to committee advising as the email below requested that we see what other cities have done and how it is working for them. By presenting that no other Johnson County cities are looking into this does not address the request that was made. Ray has supplied cities that have enacted a ban and their population size.
Thank you.
Michelle
(list of cities was included
)

On 10/17/09 (8 days after the last email, I inquired of Ms Distler if the city manager had responded.

On 10/19/09 the city manager finally responded:

Here's my dilemma - we have already given two presentations on this topic. I apologize if the second one wasn't exactly what was requested. I asked our folks to give an update and I must not have sent the specific email to them as they prepared. My fault. It is my sense that there is not majority support to move forward on anything at this time related to this issue. We have limited staff and limited money - 22 vacancies - 7.5% of our work force. I have projects that staff was directed to look into as part of our budget approval that we have slated out on Committee meetings clear til April 2010 (much more than 4 months) - because we don't have the depth of staff to get to them any sooner. I have a part time intern who is preparing our whole solid waste/recycling plan. This morning I am attending a meeting on State legislative issues because I have no one else to send, and we won't have time to even prepare a legislative program (at least not a good one - I'd like to do something), let alone monitor the session the way we should. These are just a few examples to make my point which is that I really struggle with asking anyone on my staff to take 10 to 12 hours of their time to research an issue at the request of one citizen (one very important citizen of course!) on an issue that there is not a majority support to move forward on at all. Does that make sense? If someone sees it differently, let me know, but I am struggling to find a way to justify it..... Carol

Most of the above correspondence between the council rep and the city manager had the mayor, the assistant city manager and me as cc.

On 10/20/09 I reponded to the city manager's email:

Mornin' folks,

If someone sees it differently let you know? OK.

I am confused, concerned, aggravated, and various other states of being.

To say "I apologize if the second one wasn't exactly what was requested. I asked our folks to give an update and I must not have sent the specific email to them as they prepared. My fault." is an understatement. It came nowhere close to answering the question.
Now, let's look at this: "on an issue that there is not a majority support to move forward on at all" We are not talking, at this time about moving forward on anything. We were talking about obtaining information as to how other cities were handling it. Again, this is information gathering. I remember recently when the President of the Council (Dawn Kuhn) publicly excoriated a fellow council member (Kevin Straub) for that member's stand on the trash issue without having all of the information.


I would like to know specifically which members of the council are against obtaining the information as to how other cities are handling this. Are we afraid of what the information would show? That it could be enfoced? That other problems/violations have been reduced? And yes, as a side benefit, people are paying for being stupid and putting other folks' lives and property in jeopardy. Remember, this IS a public safety issue. And, quite literally, a life and death one.

Now let's look at this: "I really struggle with asking anyone on my staff to take 10 to 12 hours of their time to research an issue" Well, since you assumed responsibility for failing to pass on the question properly, maybe then you could do the research.

Last but not least. Two things stand out as very annoying. Why did it take 10 days (and one reminder) before a council member received a response from the city manager? In the business world that would be totally unacceptable. Especially since the city manger in this government model reports to the members of the council. A response in today's era would be 24-48 hours. Even if it wasn't a total answer, an interim or acknowledgment reply would be the norm. I was curious as to what would happen if a department head failed to respond to the city manager in 10 days. Again, even if it is only an interim or acknowledgment reply. Also, what job in the business world can a person do wrong and then say they are not going to do it over?
Personally I think the original question still needs to be answered. Believe that Chicago, the cities in New Mexico and Brooklyn, OH can probably give a good history.
Ray


As of today I have not received a reply to my email.

I was going to take a poll at the 10/26/09 council meeting to see exactly which council members are against getting the info (not enacting an ordinance, just getting the info). Unfortunately that meeting has been cancelled since there were not enough items for the agenda.

SIDEBAR:


It still bothers me that it took the city manager 10 days to reply to a member of the council. And then only after a reminder. Maybe there is some truth to another council member's public statements about selective members of the council getting speedy replies. This was brought out by another member of the community at the franchise fee meeting.

Also, anyone who works in the private sector who did not provide a report that was asked for by their superiors would be resoundingly reprimanded, especially if they refused to do it over. Do some folks not realize that in a council/manager form of government the council is in charge, not the manager? Have we a case of role reversal here?

Oh, I do not, as stated by the city manager consider myself a very important citizen. All citizens of Shawnee are important.

BTW, it took me less than 45 minutes to compile a list of cities that have ordinances. A short email (or phone call) by the city manager or staff to their counterparts would get the info. Is the 10-12 hours mentioned by the city manager realistic?

If anyone has any comments they'd like to make about this blog entry feel free to post them at http://shawneeray.proboards.com/index.cgi?board=blog&action=display&thread=26