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About Vernonia's voice. (Vernonia, OR) 2007-current | View Entire Issue (July 26, 2011)
community july26 14 2011 A Timeline of Vernonia Events: June 2010-July 2011 continued from page 13 cil to retain Haack. Six citizens speak in on the Kay personnel matter and believe cludes letters from DPSST to Kay and the that perhaps we have been less than clear City which contain details of the DPSST favor of retaining Haack. on what the City Council is facing with findings in relation to their review of the Mar. 15, 2011—Kay and the City are in- this matter.” The memo goes on to re- allegations against Kay. formed by DPSST that unless Kay vol- mind Council that only they currently At the May 2, 2011 City Coun- untarily revokes his own certifications have the authority to fire an employee cil Meeting, Councilors Burch, Nicks his case will be presented before the and they need to be fully informed, un- and Hudson vote to remove a discussion biased and free from conflict of interest about the Kay investigation from the DPSST Policy Review Committee. when making any decision. It also states regular agenda until after Kay’s due pro- Mar. 21, 2011--Haack sends a memo to that the City’s ability to be supported by cess. Burch later moves that Haack’s Council informing them that DPSST is CityCounty Insurance Services is depen- contract be terminated without cause— conducting a policy review of the Verno- dent on their decision making process Burch, Nicks and Hudson all vote in fa- nia Police Department. Haack initiates being fully informed. The memo con- vor. Haack’s contract calls for two weeks a parallel personnel process and places cludes: “”...waiting for the conclusion of notice for termination without cause; his Kay on Paid Administrative Leave where the DPSST process to take action could last day is May 17, 2011. stretch this matter into 2012—which the he will remain until June 27, 2011. City cannot fiscally afford to do.” May 4, 2011—Interim Chief Conner re- Mar. 28, 2011-- Council holds Execu- signs his position and voluntarily steps tive Session to consult with legal counsel May 2, 2011—The City Council packet, down to Sergeant, gaining protection of about legal rights, and duties regarding available to Council, the press and citi- the Police Union. zens, contains a press release from the possible litigation. City of Vernonia concerning the status of May 19, 2011—The DPSST Policy Re- Apr. 4, 2011—At the City Council meet- Kay, and states that the DPSST proceed- view Committee votes 11-0 to recom- ing four citizens speak in support of Kay. ings are separate from any employment- mend revokation of Kay’s certifications all commend his police work, his work related proceedings and that DPSST does for life based on findings of “Dishon- with the K9 unit and his other activities not have authority to make decisions esty,” and according to the minutes from about Kay’s employment. The press re- that meeting “based on lies to the judge in the community. lease states, “The City of Vernonia has regarding juvenile community service, Apr. 26, 2011—Haack and Sosnkowski been advised by outside legal counsel, as lies regarding dog certification, and the send a memo that is marked “Not Attor- well as by its insurance carrier that it has omission of material facts on application ney Client Confidential” that states that an obligation to conduct its own investi- for employment.,” as well as “Gross Mis- both are “...deeply concerned that the gation.” conduct,” stating, “Kay created a danger The City Council packet also in- or risk to persons and property by using City take legal and appropriate action An Opinion: It’s Complicated his own admission, he did not do all he could to fix the communication issues that developed. But he was working, in my opinion, with a Council that was openly hostile towards him surrounding the Kay issue. Haack was inexperienced as a City Administrator. He had an Interim Police Chief who was also inexperienced. And he had a very sensitive issue on his desk. He could have swept it under the rug to be dealt with at some later time when it resurfaced. Instead he decided to deal with it head on and try to find resolution. An email from Haack to Columbia County Commissioner Tony Hyde dated August 26, 2010 is interesting reading for anyone wondering about Haack’s intentions. According to this email. early on he was trying to save Kay’s career. Critics of Haack are saying he deliberately misled Council and overstepped his authority. First, Haack inherited the Kay investigation and was trying to clean it up. Second, a reading of Ordinance 854, which authorizes the City Administrator duties, states that the City Administrator is responsible for supervising city employees, is responsible for acts of all subordinates, and is responsible for administering all city decisions. Ordinance 854 gives the Interim Pro Tem, which was Haack’s official title, all authority of the City Administrator, except the hiring and firing of VERNONIA E C I V R E S PAIR E R & LUBE, OIL & FILTER WHILE YOU WAIT STARTING AT $29.95 UP TO 5 QT. 58605 NEHALEM HWY. S. 503/706/9409 an uncertified dog.” The minutes go on to state that, “The Committee noted as aggravating circumstances Kay’s glaring incompetency issues, pattern of behavior, and the repeated investigations involving Kay.” The full DPSST Board of Direc- tors must confirm the recommendation. Jun. 10, 2011-- The citizens of Vernonia vote 504-84 to Recall Councilor Kevin Hudson. Jun. 21, 2011—Council is unable to agree on a replacement to fill Hudson’s seat. They are subsequently unable to agree on a decision at two more meetings Jun. 23, 2011—Council interviews the only two candidates for permanent City Administrator that they and the LOC deemed qualified —Bill Haack and Den- nis Rhodes from Blaine, WA. Council reached no decision to offer either the position. Jun. 27, 2011—Council votes 4-0 to ter- minate Kay. Jul. 7, 2011—Signatures are certified by Columbia County Election Official for the Recall Election for Councilors Wil- low Burch and Marilyn Nicks. Ballots are due on August 4, 2011. continued from page 3 employees. Haack was doing his job in supervising his employee and trying to resolve the Kay issue. Did Haack try to mislead Council? Maybe he could have been more forthcoming with his Council about the Kay investigation. But he was dealing with a Council that he believed was trying to avoid the problem. An April 26, 2011 memo to Council from Haack and City Legal Counsel Alex Sosnkowski, after a March 28, 2011 Executive Session where Council was introduced to additional legal council involved in resolving the Kay matter, is very telling. In it Haack and Sosnkowski are clear that apparently the Councilors did not understand the importance of this situation. Why didn’t Haack inform them earlier about the review of Kay’s certifications? Council did hold an Executive Session on February 7, 2011. After that Haack was waiting for a response from DPSST. He received that response on March 15 which included all the information DPSST had uncovered concerning Kay. Which led to the March 28 Executive Session. Council’s apparent unwillingness to consider the seriousness of the charges against Kay led to Haack releasing public information in the City Council Packet for the May 2 City Council meeting. He was forcing them to deal with a critical issue. Council fired Haack at that meeting. Which in part, leads us to the current recall. How will the citizens treat new Councilors who are appointed if the recall is successful? If those Councilors treat the citizens and their staff with the respect they deserve, make city business their priority, base their decisions on facts, and lead with honesty and integrity, then they should not have a lot of problems. It’s just not that complicated. Special Vernonia Recall Election—August 4, 2011 Columbia County Elections officials have confirmed that all information has been received for a Special Election for the Recall of City Councilors Willow Burch and Marilyn Nicks. The Special Election will be held on Thursday, August 4, 2011. Ballots were mailed on July 18, 2011. The Vernonia Public Library, which is the official drop off for ballots, will stay open until 8:00 PM on Thursday, August 4, 2011. Sharon Bernal is the Chief Petitioner on both Recalls. 291 A Street call Kim Lovable service at a reasonable price • Bathing • Haircuts • Nail Clipping • Nail Polishing • Specialty Shampoos