I will make this brief. I could make this a very long post.
I have worked in Public Sector Organizations, primarily Cities for nearly twenty years. Hear are the high points. I earned the Government Finance Officers Association (GFOA) Award for Excellence in Financial Reporting for the City of Oroville.
While working as the Town of Yucca Valley's Administrative Services Director, I earned the California Society Municipal Financial Officers Association (CSMFO) Award for Excellence in Financial Reporting in its CAFR.
While working for the Lassen County Superintendent of Schools I was the Architecht of the Lassen SELPA Formula.
While working for the City of Ridgecrest I earned the CSMFO Award for Excellence in Financial Reporting for its CAFR for three consecutive years; received the GFOA Award for Excellence in Financial Reporting for its CAFR for another three years. Finally, I am the recipient of the APT Certified Treasurer's Investment Policy.
Wednesday, November 26, 2008
What Records Are Subject to Public Disclosure?
Dear Readers,
We know that in California that there is an open records act, and subject to certain limitations all City records are subject to public review and disclosure. Evidently not in the City of Ridgecrest.
A former Council Candidate, Walt Maurer, requested more detail records on the budget. He was summarily, but politely told by the City's budget officer, Mr. Staheli, that he was not entitled to them.
Now the particular records Walt is asking for happened to be the Transfers In/Transfers Out. The TITO are the same records that the same Mr. Staheli could not balance in either the Draft Budget Model or in the Adopted Budget Model. I wonder if that could have anything to do with the denial of the request? ;-)
This blogger in a related matter transmitted to a CC Member evidence that both the Draft Budget and the Adopted Budgets are out of balance simply because of the TITO issue. I have not looked at the other major revenues. The DI has identified at least $80K drop in sales tax so far. What is the City to do when it can't balance its TITO--- it was warned months ago in a very sensitive and kind way that TITO was upside down. Email me if you want to know more.
We know that in California that there is an open records act, and subject to certain limitations all City records are subject to public review and disclosure. Evidently not in the City of Ridgecrest.
A former Council Candidate, Walt Maurer, requested more detail records on the budget. He was summarily, but politely told by the City's budget officer, Mr. Staheli, that he was not entitled to them.
This blogger in a related matter transmitted to a CC Member evidence that both the Draft Budget and the Adopted Budgets are out of balance simply because of the TITO issue. I have not looked at the other major revenues. The DI has identified at least $80K drop in sales tax so far. What is the City to do when it can't balance its TITO--- it was warned months ago in a very sensitive and kind way that TITO was upside down. Email me if you want to know more.
Audit Cover Up
I received this email today, from a fellow blogger, RidgeBlogger, which more or less speaks for itself.
In this link RidgeBlogger explains how the Preliminary Audit findings concerning the Public Works Department were covered up. Here is what he has to say:
California Proposition 8 - Why Should We Care?
Okay Dear Readers, other than another salvo on the social / cultural warfare front what is the big deal? Shouldn't we let them come out of the closet and enjoy all the benefits as the traditional married couples (heterosexual couples) enjoy?
Is there an alternate agenda? If same-sex marriage had a sole agenda the extension of marriage to homosexuals and lesbians that might on its surface be solely be acceptable. However, when the agenda is the imposition of their will on me or upon another innocent through governmental or other third party institution, then we must resist their efforts with all our zeal.
For those of you who don't follow California politics Proposition 8 is only fourteen words long. However, it has enflamed passions up and done the golden state in small town as well as in the largest metroplitan areas of Los Angeles, San Francisco, and San Diego. Here is what Proposition 8 says:
In this link RidgeBlogger explains how the Preliminary Audit findings concerning the Public Works Department were covered up. Here is what he has to say:
How the Public Works Mismanagement was Covered Up
Dear Readers.... Breaking News ....November 25, 2008
High Placed Sources @ the City of Ridgecrest confirm that there was a cover up at the highest levels during the final audit of the FY 2007-08 books. The Administrative Services Department Staff argued with the Auditors but were told "...it was a Management decision..." as to include the findings of the Preliminary Audit.
Obviously the "Management" didn't seem to think that it was worthy of such comment. Hypothetically, could it be that one of the issues involved both the Public Works Director and the City Manager who was the Assistant City Manager at the time?
We @ RidgeBlogger have discovered that some of the issues include the following:
High Placed Sources @ the City of Ridgecrest confirm that there was a cover up at the highest levels during the final audit of the FY 2007-08 books. The Administrative Services Department Staff argued with the Auditors but were told "...it was a Management decision..." as to include the findings of the Preliminary Audit.
Obviously the "Management" didn't seem to think that it was worthy of such comment. Hypothetically, could it be that one of the issues involved both the Public Works Director and the City Manager who was the Assistant City Manager at the time?
We @ RidgeBlogger have discovered that some of the issues include the following:
- Ignoring a $1 million Cash Deficit in the Capital Projects Fund @ July 2007. There is a memo that contains the PW Director handwriting that verifies these facts. Authored by the former Finance Director, counter signed by the PW Director and forwarded to the City Manager.
- Failure to Reimburse Capital Projects in a Timely Fashion. Audit Findings in the prior Audit.
- Engineering Staff failed to charge any staff time to the Capital Projects (IOW the General Fund Subsidized Federal Projects for Reimbursable Projects 100% for staff time)
- Public Works Staff consitently failed to follow City budget and procurement policies on major projects
- Public Works Director Contractor was allegedly increased illegally
- and more
Tuesday, November 18, 2008
City Loses Its Investment Policy Certification!
Dear Readers,
Under the former City Treasurer, the City of Ridgecrest, obtained the Certification of its Investment Policy in FY 05-06. It was due to be recertified this last June. Current City Staff failed to do. Yet they maintain on their Web Site that the investment policy still carries a current certification. This is in clear violation of APT Policy.
One has to wonder if there is a relationship between the departure of the previous Administrative Services Director/City Treasurer and the failure of current City Staff to obtain the certification as well as a number of other issues???
Under the former City Treasurer, the City of Ridgecrest, obtained the Certification of its Investment Policy in FY 05-06. It was due to be recertified this last June. Current City Staff failed to do. Yet they maintain on their Web Site that the investment policy still carries a current certification. This is in clear violation of APT Policy.
One has to wonder if there is a relationship between the departure of the previous Administrative Services Director/City Treasurer and the failure of current City Staff to obtain the certification as well as a number of other issues???
Thursday, November 13, 2008
I Know What You Did(n't) Do Last Summer!
Dear Readers,
Do you remember the movies "I Know What You Did Last Summer Parts I/II"? The City of Ridgecrest has its own version. Except its title is "I Know What You Did(n't) Do Last Summer!" There were blanket passes by the media specially the News & Review on the City's position that the City Budget is balanced.
We have shown the City Staff and the staff of the Daily Independent that the City's Draft Budget was not balanced. The City Staff repeatedly stated that our position was not valid because we did not have access to the Adopted Budget. Further the City's Budget Officer, Tyrell Staheli, fell on his sword, for not completing the Transfers in/Transfers Out calculations in the Draft Budget.
Well, someone doesn't know what they are doing with the budget at City Hall. In the words of the movie, "I Know What You Didn't Do Last Summer!" First, regarding Mr. Staheli falling on his sword and not completing the Transfers Out: The main implication is that he has understated expenses which overstated fund balance in various funds; this lead to an overstatement of fund balance (reserves) or an overappropriation of budgetary expenses.
The summer came and went. The City Staff had the opportunity to fix their errors. We took their data and entered it into an Excel Spreadsheet. Transfers In Net of Transfers Out are supposed to Net to Zero. After City Staff "fixed" their errors the City's Adopted Budget is Over Appropriated by $1.4 Million.
Yes, Virginia, I retract my statement which I began this entry. I don't know what City Staff did last Summer/Early Fall, but I do know they weren't balancing the budget.
Do you remember the movies "I Know What You Did Last Summer Parts I/II"? The City of Ridgecrest has its own version. Except its title is "I Know What You Did(n't) Do Last Summer!" There were blanket passes by the media specially the News & Review on the City's position that the City Budget is balanced.
We have shown the City Staff and the staff of the Daily Independent that the City's Draft Budget was not balanced. The City Staff repeatedly stated that our position was not valid because we did not have access to the Adopted Budget. Further the City's Budget Officer, Tyrell Staheli, fell on his sword, for not completing the Transfers in/Transfers Out calculations in the Draft Budget.
Well, someone doesn't know what they are doing with the budget at City Hall. In the words of the movie, "I Know What You Didn't Do Last Summer!" First, regarding Mr. Staheli falling on his sword and not completing the Transfers Out: The main implication is that he has understated expenses which overstated fund balance in various funds; this lead to an overstatement of fund balance (reserves) or an overappropriation of budgetary expenses.
The summer came and went. The City Staff had the opportunity to fix their errors. We took their data and entered it into an Excel Spreadsheet. Transfers In Net of Transfers Out are supposed to Net to Zero. After City Staff "fixed" their errors the City's Adopted Budget is Over Appropriated by $1.4 Million.
Yes, Virginia, I retract my statement which I began this entry. I don't know what City Staff did last Summer/Early Fall, but I do know they weren't balancing the budget.
Monday, November 03, 2008
City of Ridgecrest Budget an Election Issue?
News:In the 03-Nov-2008 issue of the Daily Independent reporter Nathaniel Liedl postulates that the City Budget is out of out of alignment and is a serious election issue. This question on the eve of the election poses a serious threat to the overall City Council and to the Daily Independent's recent editorial endorsements.
Suspension:We understand within the City prior to the suspension of the previous Finance Director the current City Manager reorganized the Budget Function and this was well documented by Internal Memo. In essence all Budget Management was taken over by the current City Manager and Budget Officer.
Why Now?:Why question the budget at this late hour? Evidently the DI has uncovered evidence the of the current Management to get the job done.
Correction:Assuming that the City's Staff is correct, that it is a management issue not a issue, then the correction of the mistake is rather simple, repost the data on the budget summary. This of course will lead to an increase in total transfers out (expenditures) and a decrease in fund balance (reserves). The overall impact is that reserves will fall by ~approximately $6.3 million in various funds. The real implication is one that the City can draw for itself and the readers can also draw for themselves-- the budget has been over appropriated (the City created too many budgeted expenditures in FY 09).
Now, if the alternative is true, that is it is not a management issue but a money issue the bottom line is that the City will have to review the real revenues and real reserves and adjust the appropriations to what is the true available actuals. None of this has anything to do with what Mr. Avery describes as changes in the budget process.
Suspension:We understand within the City prior to the suspension of the previous Finance Director the current City Manager reorganized the Budget Function and this was well documented by Internal Memo. In essence all Budget Management was taken over by the current City Manager and Budget Officer.
Why Now?:Why question the budget at this late hour? Evidently the DI has uncovered evidence the of the current Management to get the job done.
Correction:Assuming that the City's Staff is correct, that it is a management issue not a issue, then the correction of the mistake is rather simple, repost the data on the budget summary. This of course will lead to an increase in total transfers out (expenditures) and a decrease in fund balance (reserves). The overall impact is that reserves will fall by ~approximately $6.3 million in various funds. The real implication is one that the City can draw for itself and the readers can also draw for themselves-- the budget has been over appropriated (the City created too many budgeted expenditures in FY 09).
Now, if the alternative is true, that is it is not a management issue but a money issue the bottom line is that the City will have to review the real revenues and real reserves and adjust the appropriations to what is the true available actuals. None of this has anything to do with what Mr. Avery describes as changes in the budget process.
California Proposition 8 - Why Should We Care?
California Proposition 8 - Why Should We Care?
Okay Dear Readers, other than another salvo on the social / cultural warfare front what is the big deal? Shouldn't we let them come out of the closet and enjoy all the benefits as the traditional married couples (heterosexual couples) enjoy?
Is there an alternate agenda? If same-sex marriage had a sole agenda the extension of marriage to homosexuals and lesbians that might on its surface be solely be acceptable. However, when the agenda is the imposition of their will on me or upon another innocent through governmental or other third party institution, then we must resist their efforts with all our zeal.
For those of you who don't follow California politics Proposition 8 is only fourteen words long. However, it has enflamed passions up and done the golden state in small town as well as in the largest metroplitan areas of Los Angeles, San Francisco, and San Diego. Here is what Proposition 8 says:
Only marriage between a man and a woman is valid or recognized in California.
It looks simple right? This proposition ammends the California State Constitution so that the Activist Juducary cannot strike it down as it did Proposition 22, which opened the door for "Same Sex Marriage". So again I ask what is the big deal and why all the hoopla?
I offer for your consideration the following possibilities:
Morrell continues (same source):
Vote Yes on Proposition 8.
I offer for your consideration the following possibilities:
- Education Code Responsibility to educate all enrolled regarding marriage and family; The California Education Code only requires that those school districts teach about marriage and family if and only if they are teaching about sex education. The kicker here is that 96% of California Public Schools are currently be taught about sex education in one form or another!
- Massachusetts Public Education changed dramatically after same-sex marriage was made legal. It is fact that heterosexual parents were told that they did not have the right to be notified when their children were being taught about same-sex marriage in the class room; when many objected some were cited for misdemeanor offenses.
- Agenda of Radical Gays & Lesbians- What is the true agenda of the radical Gays & Lesbians?
- Freedom of Speech - Post Proposition 8 = Hate Crime --> In a Post Proposition 8 California in which Proposition 8 has been defeated the ultra radical Gay Agenda simply don't want the same rights, but they want more. They want Freedom of Speech only for themselves, and for those who view Same-Sex Marriage as an Ethical or Religious Wrong, they want it to be viewed as a "Hate Crime".
- Mike Morrell has written the following:
- As organizations large and small rewrite their policy handbooks, America will inevitably adopt a new national character, one likely to put limits on our freedom of speech. Time and again, the gay community – in contrast to their professed love of tolerance – has demonstrated a willingness to persecute free expression that differs from them on the issue of human sexuality.
- Imagine sitting in a religious meeting, in the Church of Your choice, and the Police enter and carry away the Pastor, Priest, or Bishop for Crimes against the State.
- Worse yet, you are having a prayer at home, following an evening in which you taught your children about God-given and ordained Family and Marriage; there is a thunderous knock on the door. There is the Religious-Hate Crime Police. You and your spouse are taken aware and your children are placed into foster care, gay or lesbian foster care for "thought reeducation". Don't think its possible? If the radicals have their way, freedom of speech, assembly, and religion will all become subject to new Hate Crime Laws.
- Parental Rights will be converted to States Rights if Proposition 8 is Defeated
- Impact on Private Adoptions - Rather than continue operations under a required same-sex marriage law, many private adoption services, such as Catholic Charities, LDS Social Services will suspend operations. Think it cannot happen? It already happened with Catholic Charities in the State of Massachusetts.
- Emigration of Medical Professionals - There will be a mass emigration of professionals such medical professionals rather than subject themselves to the legal system or to violate their personal beliefs. This has happened on a limited basis in the State of Mass. and in California.
- The Example of Catholic Charities in
Morrell continues (same source):
- Finally, let us consider the impact that marriage has on children. Decades of scientific and government data are conclusive: a child exhibits, overall, the best physical, cognitive and social outcomes when raised in a home where the mother and father are united in holy matrimony. Such children are less likely to be victimized by physical abuse, less likely to face prison time as adults, less likely to be expelled from school, and less likely to become depressed or to suffer from developmental and behavioral problems. Today we see all around us the damage done to children from the devaluation of the nuclear family. What kind of new miseries will the latest attack on the family bring?
Vote Yes on Proposition 8.
Saturday, November 01, 2008
Measure N
I am opposed to Measure N but not for the reasons for many of the reasons that most of its typical opponents, such as my good friend Al Huey. I am opposed to N for the following reasons.
First, N, is enacted by SB 566 creates what is known as a Local Option Sales Tax (LOST). N, like all LOSTs is administered by the State Board of Equalization (SBOE). Such setup and administration is not free. My point here is not that the setup and administration for N is a cost that is unavoidable, but that it has not been discussed in public by the proponents of N
Second, I have worked for many different public sector organizations. Some of them have had tax measure that have had sunset clauses, like the LOST N is proposing. Almost invariably those with sunset clauses spend a great deal of time focusing of renewing the measure. Additionally, by the City's own admission it has more than $100 million of unmet capital needs, it grows every year. Setting a limit in term will do no good.
Third, in FY 2007 the City had a significant Audit finding caused by the Public Works Director relating to the management of Federal Capital Construction Projects. What will he do with an additional local source of revenue?
Fourth, in May of 2008 in the Preliminary Audit there were significant
problems relating to the Public Works Department. Yet, in October 2008 when the Audit was finalized all such issues were suppressed. What happened?
Fifth and finally, this measure calls for a citizens oversight Committee. Why? The City has a number of existing committee that already deal with budget and capital projects. There are the City Organization Committee that deals with overall budget issues; the City Infrastructure Committee and the Quality of Life Committee that deals with Infrastructure. It would literally take hundreds if not more to orient an oversight committee in the legalities, policies, and etc. of municipal finance, public construction, and more. Ultimately the City Counl is responsible for all City finances and projects. Why abdicate the responsibilities? Finally, under the auspicies of the previous Finance Director there was never any issue of financial oversight.
For these and other reasons you should vote No on Measure N.
First, N, is enacted by SB 566 creates what is known as a Local Option Sales Tax (LOST). N, like all LOSTs is administered by the State Board of Equalization (SBOE). Such setup and administration is not free. My point here is not that the setup and administration for N is a cost that is unavoidable, but that it has not been discussed in public by the proponents of N
Second, I have worked for many different public sector organizations. Some of them have had tax measure that have had sunset clauses, like the LOST N is proposing. Almost invariably those with sunset clauses spend a great deal of time focusing of renewing the measure. Additionally, by the City's own admission it has more than $100 million of unmet capital needs, it grows every year. Setting a limit in term will do no good.
Third, in FY 2007 the City had a significant Audit finding caused by the Public Works Director relating to the management of Federal Capital Construction Projects. What will he do with an additional local source of revenue?
Fourth, in May of 2008 in the Preliminary Audit there were significant
problems relating to the Public Works Department. Yet, in October 2008 when the Audit was finalized all such issues were suppressed. What happened?
Fifth and finally, this measure calls for a citizens oversight Committee. Why? The City has a number of existing committee that already deal with budget and capital projects. There are the City Organization Committee that deals with overall budget issues; the City Infrastructure Committee and the Quality of Life Committee that deals with Infrastructure. It would literally take hundreds if not more to orient an oversight committee in the legalities, policies, and etc. of municipal finance, public construction, and more. Ultimately the City Counl is responsible for all City finances and projects. Why abdicate the responsibilities? Finally, under the auspicies of the previous Finance Director there was never any issue of financial oversight.
For these and other reasons you should vote No on Measure N.
Thursday, October 23, 2008
A Lesson In Governmental Accounting
Dear Readers,
First, let me say that I am not representing the City of Ridgecrest in any shape or fashion. However, Iabove average experience in dealing with Governmental Finances. If the following qualifies me then so be it... I have receive State and National Awards from multiple organizations, so I know whereof I speak.
I am using the information that the City of Ridgecrest has posted on its website. I do not have access to detailed records because they will not grant it to the general public -- folk like you and I. If they want to provide the detailed records, I and others like me are open to looking at them.
Here is the Lesson: In a multifund accounting system like a City or County operating transfers (transfers in & transfers out) are an essential part of the budget. However, Transfers In (quasi revenues) must equal Transfers Out (quasi expenditures) that is TI-TO=0.
Here is the Application: In the case of the most recent draft budget presented to the City Council by thenew City
The staff and Council should be challenged to justify the budget they recently adopted. They have been provided with an analysis that on the summary level of TITO posted from their website, which shows their budget is out of balance by over $6 Million. Additionally, it has been in their custody since September 2008.
First, let me say that I am not representing the City of Ridgecrest in any shape or fashion. However, Iabove average experience in dealing with Governmental Finances. If the following qualifies me then so be it... I have receive State and National Awards from multiple organizations, so I know whereof I speak.
I am using the information that the City of Ridgecrest has posted on its website. I do not have access to detailed records because they will not grant it to the general public -- folk like you and I. If they want to provide the detailed records, I and others like me are open to looking at them.
Here is the Lesson: In a multifund accounting system like a City or County operating transfers (transfers in & transfers out) are an essential part of the budget. However, Transfers In (quasi revenues) must equal Transfers Out (quasi expenditures) that is TI-TO=0.
Here is the Application: In the case of the most recent draft budget presented to the City Council by the
The staff and Council should be challenged to justify the budget they recently adopted. They have been provided with an analysis that on the summary level of TITO posted from their website, which shows their budget is out of balance by over $6 Million. Additionally, it has been in their custody since September 2008.
Thursday, March 27, 2008
Access to Whom and Control of What?
Access to Whom and Control of What?
http://www.ridgecrestca.com/articles/2004/12/10/opinion_-_editorial/letter_to_the_editor/lte01.txt
Back in 2004 Dorthy Brown wrote a letter to the editor of the Daily Independent in which she urges citizen vigilance of governmental spending on all levels---local, state, and Federal. Citizen participation in the government process is to be applauded and urged. This is especially so in times of budgetary austerity. We, at RidgeBlogger, need to ask two poignant questions.
- Who (governmental policy makers and administrators) do we, the average citizen really have access to?
- Which level of government has the most influence on our long-term quality of life?
The answers to these questions really determine the nature and frequency of citizen involvement in any governmental process. Who do we have access to? In a general sense, we can all write to any elected or administrative official. Federal policy makers, whether elected or hired, are generally so remote that the ability to directly influence them is obviously minimal. Have you ever seen the published Federal Budget? It is thousands of pages in several volumes. What about State officials?
We have access to our State Senator...in our case Roy Ashburn. We also have access to Kevin McCarthy our Congressman. Generally, that access is in the form of an appointed staff member representing the Senator or the Congressman. The Governor can be written to, but is generally not approachable. What about influencing the thousands of State employees who govern our daily lives? Most of us don't know who they are let alone what they do.
This brings us to local officials. We can easily pick up the phone and call any Council Member or City Department Head. We know their e-mail addresses. We can attend almost any or all of their meetings. How much control does local government really have?
Local government while the most accessible, is at the bottom of the food chain. As such, the ability of the elected officials or appointed administrators to truly control your destiny is very minimal. The dichotomy here is the greater influence exists at the State and Federal levels...but we know very little about the governance or administration process of either agency.
What is the point here? You, the ordinary citizen, need to be more involved. You need to be more informed on the election issues. We need to do, as our founding fathers believed, select men (and women) of the highest moral character to represent us. It is because we have a representative republic that safeguards us against the whims of tyranny. Become more informed.
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Saturday, November 22, 2008
Chronology
interoffice memorandum
to: xxxxxxxxxxxxxxxxx
from: James C. Winegardner
subject: CHRONOLOGY OF EVENTS WITH CITY OF
date: 11/22/2008
cc: NONE
1. Stated Purpose:
The purpose of this memo is to outline the events surrounding the violation of my rights by the City of
2. Prior History – Workers’ Compensation/ADA Claim
I have worked in the California Public Sector for nearly twenty years for various cities and one school district (I have attached my resume for your general information). I was hired by the City of
The records, processes, systems were in general a mess. I spent the first few years following the dictates of the Council which were “…we don’t know what the true balances are…”, spear heading a variety of special audit engagements, refinancing various RDA debt, redesigning the budget, stream lining the overall budget and internal controls, and etc. After the second year and into the third year I heard from the Council, “…great job, but we don’t like the balances…”
Approximately at this time I began earning a series of State and National Awards for Excellence in Financial Reporting in conjunction with cleaning up all the Audit Problems of the first few years. These awards are difficult to earn and carry with them the significance of State and National recognition for the City. They were from the California Society of Municipal Finance Officers and the Government Finance Officers Association of the
In 2002 I was diagnosed with bilateral carpal tunnel syndrome. The City’s Risk Manager, Cindy Johnson first noticed the symptoms and insisted I file a claim and seek medical treatment to, in her words, “preserve my rights”. In August 2002 I had surgery on my right hand (I am right handed). The surgery was performed by Dr. David Bowen of the Southern California Orthopedic Institute in Valencia (SCOI).
After the normal recovery time, my hands never returned to “normal”. He diagnosed me as having complex pain regional sympathetic dystrophy (CPRSD). I was then seen by Dr. Joseph Condon (Pain Management); and subsequently and currently by Dr. Sean Leoni also a Pain Management specialist.
During the “pain management” period with Dr. Condon I was made P&S. I have had four different QME evaluations; each one confirmed the diagnosis and each one gave me a progressively higher rating. The City’s Adjustor (Bragg & Associates) objected to one thing or another and I had to have a different one. I finally got representation with Aaron Straussner and am in the process of going through an AME evaluation. Finally during this period, I requested a
From 2002 to the present date, due to the increasing pain levels and medication my performance diminished. The City hired four additional staff during this period to augment various tasks that I was partially or completely doing.
It is this situation that has partially contributed to my suspension. I know that this one of City’s most expense cases. I also know that my staff has complained to the City Manager about my depression, performance, and general ability to do what they expect from me (from what they knew of me pre-injury). There is more to the WC issue and if you need the medical or other files, Mr. Straussner or Dr. Leoni can certainly provide it.
3. Preliminary Audit – May 2008
In the preliminary Audit for FY 2007-08, which conducted in May 2008, I discovered significant “budget and financial irregularities” by the Public Works Department, principally the Public Works Director (Dennis Speers). I turned these items over to the Auditors. Such items ranged from purchasing violations, budgeting irregularities, to personal payroll adjustments (which were authorized by Mike Avery). My Accounting Manager Tess Sloan compiled some of this information and turned it over to the Audit Team Leader, Caroline Lee.
One key piece of evidence was memo that I wrote to the PW Director in July 2007 in which I told him the CIP Fund had a deficit cash balance of well over $1 Million. I recommended that until the receivables are collected or other arrangements made, that no further spending be made from the CIP Fund; I further identified that his Engineering Staff had charged nothing to any of the projects that year (July through May)—so how were the projects being paid for? His response in his own hand writing was to the negative that he wanted to continue to spend and he shifted blame to the City’s Grant Writer.
The Auditors told me that based on the evidence they had seen when they returned in October to finalize the Audit for 2008, this would be definitely included in the Management Letter and they would be including in the potential Fraud Alert (raising the fraud warning from Low to Very High). This again was reviewed and confirmed by Caroline Lee.
4. Notice of Paid Administrative Leave
You will notice that the primary reason for my suspension is violation of various Personnel Rules (refer to the 4-Jun-2008 Notice of Paid Administrative Leave). However, the City’s Personnel Rules Preamble (see the Personnel Rules that I have attached a PDF) specifically exempts Department Heads.
5. Contract Rollover/I am Guilty of Assault!
My Contract specifically states that unless I am given notice by 1-August of each year, it automatically is extended for another year. On Tuesday 5-August-2008 I met with Mike Avery to discuss the status of the “investigation” and what his thoughts are regarding my status. At this point both of us were amicable – I believed at this time we were still friends, after all we had worked together for eight years, and they still had my name up on the website (this was not changed until 30-August-2008).
During this meeting (only he and I were present), he told me the following: the real issues were that my performance had been slipping for several years; he had not taken any action prior to 1-Jul-2008 because he wanted me to have the benefit of the 4% Salary Adjustment; that the investigation on the City’s side was nearly complete and they had a enough evidence to charge me with assault and I could go to jail!
I was speechless. I asked whom did I allegedly assault? He said he was not at liberty to tell me. However, I was guilty of assaulting the party or parties with my “budget sword”. This “budget sword” is a replica which might be able to cut a banana.
It was at this point he said that he as the City Manager and former Police Chief, offer to drop any charges if I agree to accept the disability retirement. In concept I agreed because I felt that I had no choice. I did tell him that the devil is in the detail, and because I have nothing in front of me, I cannot commit until I see the Separation Agreement. He agreed.
From 5-August-2008 until 2-Oct-2008 there was silence from City Hall. Then I received the following e-mail with separation agreement:
Jim;
Attached to this eMail is the separation agreement we have discussed. Please review the document. Take your time and have your representative review it with you. However, this offer to settle shall only remain open until October 24, 2008. If the Agreement is not executed by that date, the City shall rescind its offer and proceed with completion of its personnel investigation, including disciplinary action.
Mike
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