City manager's memos allege deep rifts on Port Angeles City Council
All smiles in this photo from the Port Angeles city Web site is the current City Council. From left are Dan Di Guilio, Cherie Kidd, Don Perry, Betsy Wharton, Gary Braun, Karen Rogers and Larry Williams.
By Paige Dickerson and Brian Gawley, Peninsula Daily News
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Mark Madsen also has accused unnamed council members of interfering with personnel and labor matters and with two police investigations.
Two Madsen memos — totaling four pages and made available to the Peninsula Daily News on Thursday — details apparently deep rifts among council members, leaving him to wonder out loud whether he can continue as city manager.
". . . Certain council members are using their council voice to undermine the legitimate issues and programs supported by other council members, whom they don't like," Madsen wrote in the memos he distributed to council members on Tuesday.
Madsen identified no City Council members in his written comments.
He said "inappropriate council members intrusions into administrative matters" included:
One of those investigations concerned a "criminal complaint case in which a citation had been issued, but which had not yet come before the court," Madsen said.
The other alleged council member interference concerned "a case where police responded to a disturbance call from an eatery/pub when the bar management ejected a patron from their establishment."
Madsen did not return calls Thursday asking for additional comment.
Team-building exercises
He issued the memos to council members after a special meeting — mostly behind closed doors — late Monday afternoon.
Mayor Gary Braun said the meeting resulted in the council directing city staff to study hiring a facilitator for team-building exercises and to improve communication among council members.
The staff may bring that information to the council during its next regular meeting at 6 p.m. July 15 in the council chambers at City Hall, 321 E. Fifth St., said Teresa Pierce, city spokeswoman.
Monday's meeting, called to discuss "council actions and personnel" included a 75-minute executive session.
Sitting down together were Braun and council members Karen Rogers, Larry Williams, Dan Di Guilio, Cherie Kidd and Don Perry.
Deputy Mayor Betsy Wharton was not present, but participated on a speaker phone.
Di Guilio, Kidd and Perry were voted into office last November.
Department heads inside
Executive sessions are closed to the public, but several department heads could be seen talking with the council, including Public Works Director Glenn Cutler, Police Chief Terry Gallagher, Fire Chief Dan McKeen, Finance Director Yvonne Ziomkowski, City Attorney Bill Bloor and Madsen.
City staff was not satisfied with the discussion at Monday's meeting, Madsen said in his memos.
"While there were good expressions of a willingness to engage in a facilitation process to heal the disharmony among council members, council chose to focus solely on a single issue, and failed to confront the underlying issues, attitudes and behaviors," he said.
Madsen expressed hope for a change should he continue in his position as city manager.
Heal rift?
"In the executive session, I was asked whether I felt that I could continue to serve the community as city manager and heal this council rift," he wrote.
"My response then was an honest answer that I didn't know 'because I lacked confidence that council members could/would address the underlying issues' that afflict this council, which have so a negatively impacted the ability of this council to govern.
"After careful and serious reflection on that meeting, I feel that the City Council on Monday did nothing to address whether I should, or can, continue to serve as city manager."
Braun said on Thursday he hoped Madsen would not resign.
"He is a good city manager and he has done a lot of good things," Braun said.
"This is something we have to work through with the council members as time goes on."
Braun also declined to name council members whose actions were questioned in the executive session.
"There are people out of town [now] who are on the council, and they may have wanted to defend their actions, so I will give no names at this point," the mayor said Thursday.
Madsen also complained in his memos of inquiries by council members into the validity of facts presented about the recently formed Port Angeles Harbor Works Authority.
Monday's meeting
Braun began Monday's public portion of the meeting by saying:
"In the Constitution of the United States, there is a separation of powers for the different branches of the government.
"Similarly there is a separation of powers and responsibilities in our own city government.
"It is possible for the actions of individual council members to offend those basic principles.
"That violation can impact the ability of city administration to manage the activities of the city."
"This can cause the council to be liable for legal actions taken against the city."
City Attorney Bloor said Monday that the executive session was called to discuss three issues allowed under the state's Open Meetings Act.
They were "to receive and evaluate complaints or charges brought against a public officer or employee," "to review the performance of a public employee" and "to discuss with legal counsel representing the agency."
Kidd said: "If I am to be involved in this, I would request that who is the subject of the conversation be named, and I would request it to be held in open meeting."
The council did not address Kidd's statement.
After the executive session, the council opened a public meeting.
Braun asked Di Guilio to make the first statement.
"First, I would like to say that the council supports the staff of the city, and the council is made up of all different styles of management," Di Guilio said.
"Some actions may not be appropriate. We need to each look at our weaknesses, and see how we can best help the city."
Rogers added: "One of the hardest things to learn as a new council member is to understand the rules.
"As a new council member, you often find that as soon as you are an elected official you are put in a box.
"Just when you thought you could solve problems and champion individual causes, you find that it is not your role. Our role is to govern from policy.
"This is a special group and the council has my complete support, but there must be no more questioning and adding to the lack of confidence instilled in us by the community.
Williams said: "I just want to say that what I heard in executive session turns my stomach.
"Whether we all get along or not, I want to do my best to get along and do my best for the staff and keep the city whole.
"I want to be held to the highest standard for myself and to hold the council to the highest standard.
"We've been compromised very seriously, and it will take some hard work to get through this, but we can't go on as we are."
Kidd said: "I am very grateful for the talent and longevity of the staff and appreciate the staff and the experience of the staff we have."
Perry said: "It is a tough situation to learn all of the dos and don'ts in the position of a council member, but we are all dedicated to the city.
"We want to see the city grow.
"Both the new and the senior members of the council want to work as a team, not as individuals, and we have been hit by some pretty serious accusations.
"We want a solution to the problem."
Braun closed the series of statements.
"I am optimistic," he said.
"There are some talented and bright people on the council, and we want to make sure to get it right and work together as a council."
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Reporter Paige Dickerson can be reached at 360-417-3535 or paige.dickerson@peninsuladailynews.com.
Last modified: July 03. 2008 9:00PM