Vernonia's voice. (Vernonia, OR) 2007-current, July 26, 2011, Page 14, Image 14

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    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 
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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.
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