Public Policy should be Conducted in Public

Nebraska law declares "that the formation of public policy is public business and may not be conducted in secret. Every meeting of a public body shall be open to the public in order that citizens may exercise their democratic privilege of attending and speaking at meetings of public bodies"

Van Vleet declared at the meeting on January 12 that council had ALREADY met twice in closed session to discuss changing the city ordinances regarding city manager and economic development duties. This is a clear violation of the statute, regardless of whether they took any action. In this instance, there was no illegal meeting, rather an illegal use of a closed session. The proof is Van Vleet's own admission from his seat during the council meeting. While the statute allows closed sessions for personnel issues, this is clearly policy, not personnel.

On the subject of illegal meetings, the Nebraska Attorney General has also noted quite a few other disallowed methods for accomplishing the same thing as a face-to-face meeting, including emails, phone calls and the like. This issue is quite difficult to prove unless the 3 councilmen tip their hand and show up to a meeting with a set of documents that the other 2 don't have. My opinion is that they had indeed discussed this policy change by some means prior to the official council meeting and had documents in hand that they were prepared to use in their closed session to amend the ordinance. The law says that you and I have the right to be a part of that discussion. I want to hear the reason why they are making choices.

Don't you think that they should know the open meetings law inside and out so they can abide by it? They point it out at every meeting, but they don't seem to have studied it.

Personnel or Public Policy

Personnel issues, contract negotiations and discussion of lawsuits are allowed behind closed doors by public bodies. Policy changes and the tentative drafting of ordinances is not. When council goes into a closed session to discuss personnel, it is done for the protection of the privacy of the individual. Hard to see how these sessions apply.

Public Perception

At Tuesday night's meeting some council members said the problem with the City Manager/Economic Development is "public perception." The mayor said that the public did not understand why the jobs were combined. Van Vleet said that some people mistakenly believe that Person receives two pay checks for the job. He went on to say that he always corrects this issue with any citizen he speaks with.

Later in the same meeting, when asked by local media, councilmen Van Vleet, Widerspoon and Filsinger each gave a different answer to why they seek to remove Person from his city manager duties. Those answers had nothing to do with public perception. Several people in attendance asked for clarification from these councilmen and none was given. I would have to say public perception is a problem. But not with the city manager, but with the councilmen themselves.

I understand why the job was combined but I also was in attendance back in 1999 when the discussion was had and the decision was made. Fiscal and financial decisions were made for very sound reasons. Current councilmen would like to undo this and create more expenses for the city, possibly resulting in higher taxes for us.

It's obvious from the comments that 3 of the council communicate about these matters outside of the meetings, maybe not all 3 at once, but their discussions and decisions are not taking place in an open environment where the public can have access to their reasons.

The purpose stated for the Nebraska Open Meetings act is "It is hereby declared to be the policy of this state that the formation of public policy is public business and may not be conducted in secret. Every meeting of a public body shall be open to the public in order that citizens may exercise their democratic privilege of attending and speaking at meetings of public bodies, except as otherwise provided by the Constitution of Nebraska, federal statutes, and the Open Meetings Act."

Even if they are careful never to be all 3 in the same place together, the simple fact that they are always in agreement, nearly always silent and the other 2 council members (Gaston and Hiett) are kept unaware of their plans is a violation of the open meeting law in spirit if not in a literal sense.

Even if you take into account the mayor's bumbling and poor grammar in his statement, his intention couldn't be more clear. The matter won't be brought up in an open meeting until after a discussion has already been held.

Mayor's Statement

Item 1 Open Meeting Law

Item 2 Approval of the Minutes

Item 3 on Statement of the Mayor

As far as the issue of the city management restructuring there (?has/was) quoted in the paper as bein' delayed until August, but at this time we will be discussin' it...at any time that it comes up throughout the year. Having said that...to begin with, we'll take proposals from all the council members about restructuring. And when there is somethin' to be brought forward to discuss, we'll bring that forward. So if everybody has a proposal...or don't have a proposal...bring it forward. We'll put it together and we'll discuss it and then we'll go from there. And then we'll just bring it to a meeting.

Gaston: Proposal for restructuring of what?

Weiderspon: City management. Any other discussion or comments on it?

This was taken word for word from the video purchased from the city today.

The Builder

This poem is written by a unknown author.

I have to ask if this is going on in Sidney?

The Builder

I saw them tearing a building down
A team of men in my hometown.
With a heave and a ho and a yes yes yell,
they swung a beam and a sidewall fell.

And I said to the foreman, "Are these men skilled?"
"Like the ones you'd use if you had to build?"
And he laughed and said, "Oh no, indeed...
the most common labor is all I need...
for I can destroy in a day or two
what takes a builder ten years to do."

So I thought to myself as I went on my way...
Which one of these roles am I willing to play?
Am I one who is tearing down as I carelessly make my way around?
Or am I one who builds with care, in order to make the world a
little better... because I was there?

Which roles are the players in this game taking?

The Sidney Citizen part 2

I'm going to continue my comments on the rest of the anonymous letter that's been circulating about. Here we go.

"The City of Sidney is now in an economic crises. Or, were we supposed to know that? Person explains how the State of Nebraska is keeping our local sales taxes to pay the state's economic development package. Of the nearly $700,000 sales taxes collected in recents months, the state has or plans to keep over 450,000 for economic development. While it is argued whether this is a state of local responsibility, this, too, is another cost of economic development. The Economic Development Director may not want to look at that way, but the City manager should be looking at every way possible to reduce costs for the city. Is This another conflict of interest as the result of combining the Jobs? It would appear so."

Nope, I have not read the letter, but, was told that our city manager sent a letter asking for the money (signed by council members) and is looking for every possible was to get it back. Just like other city managers in Nebraska are doing. I am currently looking for a copy of the letter or where it was read in public.

"Is the City Manager preparing our community for additional financial shortfalls? According to the coffee shoppe talk, Person recently advised his staff to trim travel costs because of local business had told him, out of courtesy to the city, they were going to file a claim for an additional 300,000 of refunds to to economic development programs. Just travel costs? Are there not any state or local reporting requirements or cost projections for economic development programs? Has this ben discussed at a council meeting for the benefit of the public's knowledge? Have city council members been informed of this? What is the city manager doing to prepare the city for this shortfall?"

I have heard in more than one meeting that is a concern. And I'm very pleased to know that all departments are looking at cutting cost. I would hope that it's not just travel. As far as has he advised council I don't know. I would also like to know if council has asked.

"The City of Sidney is in the process of hiring a new Chief of Police after the unexpected retirement? of the former chief. Makes it sound like the public is not being informed of everything. Although city council members were part of the initial scoring process, everyone else involved in the process are either hand selected by the city manager or appointed by the city manager. In the end, the ultimate decision is made by one person, the city manager."

I also have heard the word on the street about our former chief, don't know really what was what on that. I can say he told me over a year ago just how many months he had left to retirement. And his retirement was in line with that. If there is more to the story one would have to ask if it is a personnel issue and just can't be discussed. As far as council members not being involved at the last meeting they were all asked to be in the interviewing process. If that was the city manager hand picking I guess that is what he did. BTW none of them gave an answer to his question about being involved. Also, in case we forget, it's the city manager's job to find a replacement for our police chief.

"Many of the comments at the city council meeting indicated that Person was irreplaceable. The apparent theme was that only Gary could do both jobs. Then one speaker commented that after a short period of mourning everyone would continue on. Irreplaceable? Really?"

Everyone is replaceable without exception. Gary has done both jobs, and by most accounts, done them well. But he is replaceable. The bigger question for me was and is, why now? What has happened to push for this change now? If council feels that he is in someway misleading council and the citizens of Sidney I want to hear it loud and clear. And if they feel this, why are we finding out about in in an anonymous letter? Is it not each and every councilmen's duty to let us know? I voted for the 3 councilmen in question, because I thought they would ask the hard questions in public. I want the right balance for our city. I don't want them to just be bullies. I have had city employees tell me how Filsinger has ripped them about the job they are doing. That is not what a councilman is for. And if they determine that Gary is not capable of keeping his employees doing their job they need to take it up with him. Solve the problems in public just as we elected them to do.

"also, comment was made regarding the use of an outside attorney by council. After hearing another of the City Attorney's dissertations, with no real opinion clearly expressed, one has to ask if the City Attorney represents the City, Person, or the City Council Members. Did he contact Mr. Van Vleet to discuss the agenda item and provide any guidance or advice regarding that item? Or did he solely counsel Person.

I asked the question that Ball answered and I understood it. And when does an attorney give a short answer? The City attorney works for all of them. I would have to ask Van Vleet if he called the city attorney or the other that he wanted hired.

During the July 14, 09 meeting Council Member Van Vleet proposed that the Council hire Joel Jay of Chappell to act as legal council to the city council whenever council may need additional legal advice and/or there is possible conflict of interest cases. After discussion, Van Vleet moved, Filsinger seconded "That Joel Jay be hired as legal council to the city council whenever council may need additional legal advice and/or there is possible conflict of interest cases." Three of the five councilmen voted yea on this. How is current council supposed to know what is a conflict and what is not. Council is writing the rules on this one. So if Van Vleet has a question of the city attorney he should pick up the phone and call.

Why should the taxpayers be paying for legal advice to council members? Where does attorney-client privilege fall on this one? As tax-payers, we deserve to know what this attorney is being paid to advise our council members to do and say. Are the two council members who voted not to hire Joel Jay involved in discussions with him? Where does this issue fall in regards to open meetings law?

When I asked how many citations had been written to councilman Filsinger for the messes he has on his property I was told the City Attorney would have a conflict of interest in that area and would have to send it to the City Manager to hire outside council. So the way I look at this in a year of budget short-falls the city councilmen are causing more expenses with attorneys than this city needs.

The big question remains: Do we really have a problem, or is this a power grab? If there is a problem, council owes it to us to put it on the table.

The Sidney Citizen

I have a copy of the letter sent to councilmen, city manager and a few select citizens. I would hope that every citizen is a concerned one. To assume only the ones who will speak out are concerned is very incorrect. Some will go to a meeting and some will just sit in the coffee house and complain. Homeowner, renter, business owner or just a student we all benefit or lose as the wheels of our government move.

This is a 4 page letter and I would be happy to forward it to anyone who would like it. I will address several issues it brings up. I will put the "concerned citizen's" comments in quotes. Due to the length I will do this in two posts.

"It would appear that each person who spoke at the meeting of January 12 had benefited directly from Garys position as City Manager and/or his role as Economic Development Director. They were either employed directly by him, or they were recipients of economic development monies, or served on one of his many boards. It was also assumed by most that everyone there was to support Mr. Person."

I can tell you that none if the above has been the case for me. If anything I have been a pain in his side. Gary does not have boards, the city does. And I would like to know how volunteering time to serve on a board that benefits everyone in the city if not county is considered lucky. Those people spend time energy and effort only to be criticized by others who won't do it.

"This writer has listened to the "word on the street" and now feels compelled to request public action by the Sidney City Manager and the Sidney City Council. Their are a number of concerned citizens and city employees in the community that don't speak out. Reasons vary from fear of public bashing to fear of repercussions at city hall. Some city employees have been banned by city management from speaking directly to any city councilmen on any subject."

This writer has also listened. And it is time to put this issue to bed. People are tired of all the grumbles going on in our town. We have citizens and city employees on both sides of the issue. We have city employees who are worried about what some councilmen will do to them. Some that would very much like to speak up for the city manager. I have spent the last 10 days asking and have listened to what they have to say. Non said they were banned by city management from talking to councilmen. I was told that if a councilman has a problem with a city employee that they will take it up with the city manager. The city manager, department head or HR person will handle it with the employee. This is a standard structure of business so that the employees do not have the confusion of several bosses telling them what to do. This also protects the city from law suites.

"The City Manager is hired by and answers directly to the City Council. This did not appear to be the case at the council meeting. He seemed to forget, as he was lambasting the council members, that he works for them. They have the power to hire and fire the city manager. Most employees would have been either reprimanded or fired for the insubordination he displayed during a public meeting"

First, this would indicate to me that the concerned citizens who wrote this letter are well aware that council can fire the city manager. And that if said manager had done one thing that they could fire him for they would have. Councilman VanVleet asked for his remarks, asked for his comments. That is not insubordination. If you don't want to hear what someone has to say don't ask. We do not want our city manager to be the lap dog for council nor do we want council to be the yes guys for our city manager. Only when they both do the job in public as the public meeting laws state do we as citizens benefit. Checks and balances are always good to have.

"There is an inherent and obvious conflict of interest between the two job positions currently filled by Person. As a city manager, one should focus on the efficient and economical operation of the city. As the director of economic development, the loyalty is to sell the community to prospective businesses and industry. It is commonly noted that no other community has these two roles combined. Why is that? Is it because there are conflicting duties between the two jobs? Person explained how every department gets involved in his economic development projects, did he forget the taxpayers are paying for that involvement? Is it possible the true costs of economic development are hidden in the process of having these job combined? Are the true costs being accurately separated, tracked and reported by the manager or city clerk/treasurer? "

I'm not seeing this, in selling the community would he not want to show that the city is also efficient with it's tax dollars? And I would suggest that some of you make a few calls to other cities. When I ask about the city departments helping or speaking with prospective business who may move to their communities everyone said YES. Find out how much time city managers spend with the economic development people. If you can find a business who is interested in a town let alone one our size it's all hands on deck. The stimulation of new business and increase of tax base (even the possibility of one) has communities all over the lower 48 doing what ever they can. The comment about the true cost and what is the city clerk/treasurer would be funny if it was not so bad. We have an accounting firm that has to audit all of the city's books. They have to sign off that things are being done as spelled out to it's citizens. This accusation would mean not only was the city manager and clerk/treasurer are in on something but also the accounting firm.

"It was stated that person gets paid for one job - city manager. Does he actually perform all of the city manager's duties, or have several of those duties been delegated to other city employees, who also receive additional compensation for performing those duties. The two mentioned by name in the letter are Human resources, a role that would normally be a part of the city manager's duties? And Public Services Director is this another duty delegated by the city manager? Now, how much is the city manager/economic development director package costing the City of Sidney?"

One only has to go to the city and ask about the history of these jobs. Human Resources has a very long history going back to a young Jack Lowe. That would be for over 30 years. It has not always been a job the city has filled. We did have a time we went without one. Because no one was doing the job, the current human resources person was asked to take it. At times during the history of our city that was all the person did for the city. I would have to say the combination of jobs was a smart economical move. This was done to be sure the city was covered. It has never been done by the city manager. Public Services Director now most people know this job has been around longer than the current city manager. I have a 20 year history of who held it. Most of us also know why the prior PSD left. Once again this is not a job that was done by the city manager.

"Do all of Sidney's economic development accomplishments belong to Person? Consider the growth of Sidney, and the source of the majority of Sidney's growth and jobs....Cabela's. If the Cabela factor was taken out of the equation, how would Sidney and Person's economic development performance compare to the rest of the state? This writer would have to contend we, and Person would be average, at best."

Sorry writer again I'm going to have to say you are wrong. Prior to Cabela's corporate being built out on the interstate we had a very large struggle to keep them in town. Mr. Rohr who at the time was the CFO wanted the Corporate offices moved to Lincoln. At the time he stated we did not have the education system to provide employees to Cabela's and that Lincoln offered a better educated public and more of them. Dick Cabela thanked Person at a public announcement for the corporate office for his continuous work to keep corporate in Sidney. You have no idea how close we came to not having them in town.

At this point I'm half way through the letter. I gotta take a break. I have spent days getting information.

It's about the city

Who runs the City of Sidney?

In our current form of government (which has been in place since July of 1950) it would be the city manager. He reports to a council that sets the over all policy of the city. If the city council feels that the city manager does not do his job they can fire him. Prior councils have done just that. This is a very black and white issue. Why has current council allowed this to degrade to this level. If our current manager has done anything that could be grounds for termination I would hope they would have done just that. If they have a personal issue with him get it out of our city business and handle it in another way.

Councilman VanVleet said it is the voters who have the say. When he ran for office did he let us know about a personal agenda? I personally voted for the man and had no idea. I did know he said council needed some wisdom. I would have liked to know up front, not saying I would not have voted for him anyway, just would have liked to know up front. I feel all politicians should be transparent about their goals. We do need our city to run the best it can, and I hate taxes just like the next guy. This kind of stress and accusations can't be doing any city employee any good.