Council Members: Only Pre-Approved Discussions Are Honest

Paul Garcia and Theresa Hancock seek to put a gag on discussions with Council Members at Subcommittee Meetings.

At Monday night’s meeting of the Sunnyside City Council, a question came up about discussions that take place at meetings of Council Subcommittees.  Paul Garcia and Theresa Hancock expressed support of restricting these Subcommittee meetings to only discussing items that have been previously approved by the whole council.  Hancock went so far as to suggest that if a Council Member asked a question during one of these meetings, that had not previously been voted on and approved by the entire Council, then it would not be open and transparent.

Admittedly, the logic of this escapes me.  The proposed item, as interpreted by Hancock, would mean that only questions vetted in advance at regular council meetings could be asked.  Garcia said that he did not see stifling the speech of individual Council Members as being “draconian.”  In fact, he said that this would make sure that the entire council would be “informed” of what the Subcommittee was doing.

Mr. Beyers, representing the city’s contracted legal firm, said that having the committees discuss items brought up at regular meetings of the whole council was just one way to handle discussion items.  He did not see the language as precluding Council Members from asking questions and bringing up other issues for discussion at their Subcommittee meetings.  However, he said that the item was written by Mayor Restucci, who was absent from Monday’s meeting, and therefore unable to explain his intent.

It would seem pointless to me to have a meeting where all the questions and items must be discussed and vetted at a previous meeting.  If members of the council are to interact with staff, they should do so without being muzzled.  In fact, it seems like this would violate freedom of speech for both Council Members and City staff.

There is no issue of transparency here.  The Subcommittees already make reports to Council at every meeting.  The Subcommittee meetings themselves are open to the public, and minutes are kept.  The Subcommittees only have discussion, and all action items are taken up by the whole council.  What possible danger do Hancock and Garcia see in having informed Council Members?

By the way, at Hancock’s request, she does not participate in any of the Subcommittees set up by the council.  If she is so concerned about what the Subcommittees are discussing, perhaps she should join her colleagues and become part of the process.

Council Members and staff need to be able to share information without a Hancock-Garcia approved script.  Contrary to what Ms. Hancock suggests, to do otherwise would be fake, and dishonest.

Here is the proposed item that was discussed:

Item 3G

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Divided Council Votes To Approve Anti-Gang Resolution

An MS-13 suspect bearing gang tattoos is handc...

Image via Wikipedia

Last night, the Sunnyside City Council voted to approve a resolution of support for the police department’s Gang Elimination Strategy.

After about one hour of citizen comments, tremendously in favor of supporting the police department, and some back and forth by Council Members, a resolution of support for the Gang Elimination Strategy of the police department finally got its up or down vote.

By a vote of 4-3, the council narrowly approved adding the actual Gang Elimination Strategy documents as an appendage to the resolution.  Council Members Mike Farmer, Nick Paulakis, Don Vlieger, and Tom Gehlen voted to approve the amendment to the resolution.

Mayor Jim Restucci, along with Council Members Pablo Garcia and Theresa Hancock opposed the Gang Elimination Strategy documents, with none offering any better alternative.

Mayor Restucci said it was not necessary to include the actual documents.

Pablo Garcia was concerned about the “process” in which the Council was voting, but did not give any specifics other than to say he did not believe there was a “consensus” of Council Members before the meeting.

Theresa Hancock was opposed to calling criminal gang members committing gun crime and murder the “enemy.”  She also did not like the idea of police officers advising business owners that they have active gang members (as defined by state statute) on their payroll.

After the vote to add the supporting documents, the Council then voted to approve the resolution 5-2.  After initially voting against it, Mayor Restucci switched his vote on the final resolution by voting for it.

Special Saturday Sit Down For Sunnyside City Council

This past Saturday, April 16, the Sunnyside City Council held a Special Meeting to discuss a budget amendment and a proposal to conduct an efficiency review of the police department.

Theresa Hancock Left The Mayor A Voice Mail Saying She Would Not Be Able To Attend. All Other Council Members Were Present.

The council was scheduled to meet for four hours starting at 8:00 A.M.  They ended the meeting at 11:30 though, as another group was waiting outside to use the courtroom for a meeting.  It seemed as if an “Iron Butt” competition was being held when the Mayor asked if Council Members wanted to take a break after about an hour.  The City Clerk, Deborah Estrada, had started recording the session, and then left the room.  Council, however, had a consensus to keep the grind on, and keep slugging through the agenda.  Most of the time was spent reviewing items for the budget amendment.

Even when Council Members had differing opinions, collegiality dominated the atmosphere.  Council Member Don Vlieger suggested several ways to pay expenses while minimizing the impact to the general fund.  For instance, attorney fees of $12,000 that a court ruled the city must pay, following the seizure of drug money, could be paid from the fund they were deposited into in the first place.  In addition, the Special Investigative Fund could pay $39,600 for the purchase of an additional patrol car for the gang task force, instead of taking it from the general fund.

Deputy City Manager Byron Olson had requested that council set aside $50,000 as a reserve for environmental cleanup costs at the airport.  However, the council did not want to do this as part of the budget amendment, because this action has not been discussed in a regular meeting.  Mayor Restucci also stated that he had concerns about the issue being brought up following legal advice the City Council had received in Executive Session.  The cost of the cleanup is not yet known, and will depend on how extensive the contamination is.  Mr. Olson also said that some grants my provide money to help with the cleanup, but it is still too early to know how much that may be.  In addition, the city may pursue prior landowners to recoup this cost as well.

The city now has over $140,000 in its Tourism Expansion Fund.  The City Council is not aware of any plans to spend this money, and may direct a committee on how to spend it if they do not receive any input from them.  Some ideas discussed were producing a publication that could be distributed to highlight attractions and businesses in the city.  Council Members noted that Grandview and Ellensburg both have publications they distribute for their respective cities.  Mr. Olson said that the fund appears to be increasing $15,000 – $20,000 each year, and that he thought it could be better used than simply allowing it to grow because of a lack of a plan on how to spend it.

On a personal note, the city recently decided not to fund flowers on downtown streets from this fund because they did not feel tourists would come to town to see them.  This is short-sided.  I would suggest re-approaching the issue by considering that having the flowers downtown will enhance the atmosphere for events such as Cinco de Mayo, which certainly does attract a crowd downtown.  When linked to an event such as this, approving money for flowers should be a no-brainer.  The city needs to be more creative in finding ways to spend the money in this fund.  Keeping it in the bank is not attracting tourists.

City Council also reviewed a draft document “Request for Qualifications and Proposals, Police Department Review”.  The proposal is to have consultants come and study the department over a period of about three months.  Following this, they will make recommendations on manpower needs, resources and equipment needed, and project future needs which may include building a new jail 20-30 years from now.  Council Members Garcia and Gehlen wanted to immediately commence with this study, while Council Member Vlieger expressed concerns with the timing of it.

“For me the cost and timing are an issue.  The police department is in the midst of ramping up operations by adding six new officers, and four new programs.  The Gang Task Force, Crime Analyst, Drug Dog, and Crime Free Housing programs are being implemented with no increase in administrative staff”, said Vlieger.

Gehlen countered, “I think the police would think this is a good thing because someone from outside will be doing the study, this is one way to get the input.”

After considering putting off the study until after the start of next year, the council instead decided to delay the study until October.  That way the police will not be spending hours doing things besides policing during what Police Chief Radder described as the “hot summer months” when they generally have greater numbers of calls.

At the close of the meeting, Mayor Restucci stopped the recording because the City Clerk, Deborah Estrada, had not returned.

Funding For Police, Community Center On Council Agenda

Among the items the Sunnyside City Council will consider at its Monday night meeting are funding for the police department and community center.  The city council has already voted to hire a crime analyst, and two additional police officers for a gang task force.  In addition, the council has voted to support activities at the community center.

Following approval of these actions, Council will be considering a budget amendment.  The meeting agenda follows:

CITY COUNCIL REGULAR MEETING AGENDA

401 Homer Street, Sunnyside, Washington

MONDAY LAW & JUSTICE CENTER

March 14, 2011 6:30 PM

CALL TO ORDER – ROLL CALL

INVOCATION – MIKE HUGHES

PLEDGE OF ALLEGIANCE

PROCLAMATION – NATIONAL YOUTH VIOLENCE PREVENTION WEEK

Proclamation

1. UNSCHEDULED APPEARANCES BY CITIZENS

(Note – Citizens are advised that they must limit their remarks to the Council to three (3) minutes and that items presented may be referred by the Council to staff for review and/or additional information for presentation to the Council at a future Council meeting.)

2. CONSENT AGENDA:

A. Minutes

B. Claim Vouchers:

Approve claim vouchers 73556 through 73660 and wire transfer No. 110302 for the period ending March 8, 2011 in the amount of $538,228.28.

Item 2B

C. Yakima Valley Office of Emergency Management

Approve resolution adopting the 2010 Comprehensive Emergency Management Program as the Official Emergency Response Plan for the City of Sunnyside.

Item 2C

3. ACTIVE AGENDA:

A. Miss Sunnyside Court Presentation

B. Open Public Hearing – MBM Annexation Notice Published – Daily Sun News, March 4, 2011

Receive public comment and consider action regarding an ordinance annexing certain property to the City of Sunnyside, amending Comprehensive Plan, and zoning said property.

Item 3B

C. 2011/2012 Biennial Budget Amendment No. 1

Consider an ordinance amending the 2011/2012 Biennial Budget as a result of unanticipated transfers and expenditures of various funds, and fixing a time when the same shall be effective.

Item 3C

D. Fire Station Architect

Review information and consider staff recommendation of hiring MJ Neal and Associates as the architect for the design of the fire station.

Item 3D

E. Professional Engineering Services (Pacific Groundwater Group)

Consider resolution approving and ratifying Amendment No. 12 for professional engineering services with Pacific Groundwater Group/HDR Engineering.

Item 3E

4. ITEMS FROM COUNCIL MEMBERS:

A. Reports from Council Subcommittees:

1) Finance and Administrative Services – Vlieger (3); Garcia (5); Gehlen (7)

2) Public Safety – Farmer (2); Vlieger (3); Garcia (5)

3) Public Works – Farmer (2); Paulakis (4); Gehlen (7)

B. Other reports, announcements, and/or questions by Council.

C. Upcoming Council Meetings:

1) Workshop Meeting – Monday, April 4, 2011 at 6:30 p.m.

2) Regular Meeting – Monday, April 11, 2011 at 6:30 p.m.

5. ITEMS FROM CITY MANAGER:

A. Schedule Council Retreat

B. Municipal Utility Rate Study – Selection of Contractor

C. Environmental Assessment – Selection of Contractor

D. Police Department – Request for Qualifications

6. EXECUTIVE SESSION:

Discuss possible real estate acquisition per RCW 42.30.110(b) 15 minutes.

7. ADJOURN

Bridges Was Asked To Resign In Sunnyside Salary Scandal

Sunnyside’s former Interim City Manager Jim Bridges (who has now resumed his position as Public Works Director) was asked to resign by City Manager Mark Gervasi following allegations that he improperly gave city employees raises in pay without seeking the approval of the City Council first.  This is according to lawyer John S. Ziobro, who is now representing Jim Bridges.  Through a public records request, a copy of this letter has been obtained that confirms Bridges was asked to resign.  The letter was sent from Ziobro on December 14, 2010 to City Manager Mark Gervasi, and to Scott Beyer, an attorney with the legal firm that represents the City of Sunnyside.

 

Bridges' lawyer says his client was asked to resign in a letter to the City Manager of Sunnyside.

In the letter, Ziobro states that his client, Jim Bridges, was offered three months of severance if he would resign.  Ziobro also alleges that the Mayor, Jim Restucci, had suggested that a criminal investigation into the questionable pay raises could be postponed.  Ziobro claims that the City Council is improperly trying to influence the City Manager, and that Mr. Gervasi does not have any concerns about Mr. Bridges’ performance.

According to Ziobro, Mr. Bridges did not resign, but was informed afterwards that the City Council was forming a Special Investigative Committee on Pay Practices.  John Ziobro is also the lawyer that represented Mr. Bridges’ mistress, Jaime Alba, in her past lawsuit against the city.  In that case, which was settled for $150,000 while Bridges served as Interim City Manager, Bridges admitted his affair, but denied that he had violated any professional standards of conduct.

Coincidently, John Ziobro has also acted as a legal representative to a third City of Sunnyside employee, City Clerk Deborah Estrada; sending letters on her behalf, and making voluminous public records requests for both Ms. Estrada, and now Mr. Bridges.  This blog has requested a copy of the records request Ziobro filed for Mr. Bridges.  In yet another coincidence, City Clerk Deborah Estrada is also handling the fulfillment of the public records request filed by Mr. Ziobro for Mr. Bridges.

In his letter, Ziobro singles out City Council Member Don Vlieger for harsh criticism.  It should be noted that Mr. Vlieger was the first member of the City Council to ask for the missing salary schedule that is historically provided during budget deliberations.  During the last budget cycle, city staff only provided total budget figures for each department.  They did not itemize the salary and benefits being paid to each employee, as has been done in the past, and previously published in the Daily Sun News.

Bridges and his lawyer also argue that the City of Sunnyside is paying him a higher salary than he could make elsewhere, and that he would not be likely to be able to secure similar employment with another organization.  They threaten to file a lawsuit against the city if he is terminated.  Ziobro also asks that the investigation into potentially illegal or criminal pay raises be stopped.

The Sunnyside City Council, following a suggestion from City Manager Mark Gervasi, has hired a Seattle-based employment coach at a cost of about $5,000, to look into the matter and report back on whether the raises were authorized by Council.

Bad News For The Bad Guys

COUNCIL VOTES 4-2 TO STRENGTHEN POLICE DEPARTMENT

Surenos affiliated gangs are among those causing problems in Sunnyside. (Kennewick Police Department Photo)

Last night, another large crowd turned out to support the recommendations of the Public Safety Committee. The City Council adjusted its agenda to make discussion of adding a Crime Analyst position the first item of the meeting. However, before debate on that topic began, the Council received public comment from citizens gathered during the dinner hour of Valentine’s Day. All of those that rose to speak at the microphone supported both a Crime Analyst and also additional police officers for the City of Sunnyside.  All members of the Council were present, with the exception of Theresa Hancock, who had asked for an excused absence at a previous meeting.

A large crowd turned out on Valentine's Day evening to ask the City Council to make public safety a priority.

The City Council unanimously approved the recommendation of the police department to hire a full time Crime Analyst.  The cities of Kennewick, Pasco, Richland, Yakima, and Spokane have a full time Crime Analyst to name a few.  Last week Kim Hathaway of the Kennewick Police Department came and shared how she uses computer software to analyze and predict crime patterns.  The council was sold on the idea.

Another large crowd turns out to urge the City Council to take action to increase public safety.

Following this, a motion was made to proceed with hiring two additional police officers.  The intent of hiring these new officers is for the police department to have a dedicated apprehension team to arrest bad guys.  They would not be distracted with responding to traffic collisions, for example, while following up leads on wanted individuals.  At various times this concept has been referred to as a “Gang Task Force” or “Gang Suppression Unit”.

Pablo Garcia objected to the motion, saying that the Council should wait to take action for the City Manager and Finance Director to come back with ever more information.  Last week, the Finance Director stated that the money was in the current budget to hire the officers.  Council Member Don Vlieger pointed out that the current time is a good one to seek lateral hires from other departments (some of which are downsizing) and that the city needs to proceed on this now.

The Finance Director put it in writing for the council this week that the funds are there to make the hires.  Still, Garcia persisted in the need to kick the can down the road and wait for more information.  Council Member Mike Farmer said he saw no reason to wait.  Council Member Tom Gehlen said he saw no need to discuss this issue at this time, and that the Council could wait until later to take action.

The council took a vote, with Mayor Jim Restucci, Deputy Mayor Paulakis, Council Member Don Vlieger, and Council Member Mike Farmer voting to hire the officers.  Pablo Garcia and Tom Gehlen voted against the motion.  Following the vote, the audience members broke out in applause.

Mayor Apologizes To Councilman

Mayor Restucci Apologizes To Councilman Vlieger

On February 8th, Mayor Jim Restucci made a public apology to Council Member Don Vlieger in an interview televised on the local NBC affiliate.  The apology came shortly after this blog published a post that was critical of some comments made by the Mayor at last Monday’s workshop meeting.

A blog reader was kind enough to Email me information related to the story that aired on the local news.  As I do not generally watch much television, I was unaware of the interview.  The local TV news typically does not send anyone to cover City Council meetings, so I was not actively looking for the story.

I appreciate the Mayor showing some class in making his apology.  Although we do not agree on issues from time to time, I have found that he is generally responsive to his constituents.  In addition, he is good at responding to questions from reporters and is usually available to answer questions from this blog.

It appears that the friction that heated up to a near boiling point at the workshop meeting has now been abated.  However, the seriousness of the issues confronting the city has not.  The City Council will be meeting Monday, February 14, 2011 at 6:30 PM.  Please attend this meeting, and let the Council know by your presence, that you consider crime a serious enough issue to warrant immediate action.

Mayor Insulting A Man’s Professional Experience Is Uncalled For

Last night, at a Sunnyside City Council workshop, Mayor Restucci rudely belittled the work experience of a Council Member.  It happened during a discussion about recommendations from the Public Safety Committee to the City Council.  Pablo Garcia questioned the proposal to hire additional police officers.  Don Vlieger chimed in, and mentioned that he had seven years of experience in law enforcement working specifically with gang suppression.  Mr. Vlieger said that we need to strengthen the suppression side of enforcement at this time.

In this exchange, Mr. Vlieger argues for making suppression a bigger part of enforcement in Sunnyside, followed by the Mayor belittling his experience.

Mayor Restucci interjected and said “and when was that, about twenty years ago?”  Mr. Vlieger replied in the affirmative, and then Mr. Restucci sneered: “Well, I want to hear from our police chief.”

Listen to this clip which runs just under two minutes:


Mr. Vlieger was the subject of a Los Angeles Times newspaper story on May 11, 1989, entititled: ‘Deputy Don’ is the first to be assigned to full-time anti-gang counseling and policing duties on campuses of the ABC Unified School District.  A link to this article is at the bottom of this post.

I bring this up to point out that even though it might have been a few years ago, Mr. Vlieger was a pioneer in using both prevention and suppression in fighting gangs.  Mr. Restucci’s claim to fame is that he has voted to cut police officers, and prevention, while spending $500,000 of  money, not in the budget, for city attorneys in a single year.  His misguided attempt to belittle Mr. Vlieger is out of line for what the City Council calls a “workshop” that is meant to facilitate discussion of issues.

While Mr. Restucci may feel that the Sunnyside Police Department does not need more officers, he should not be denigrating the relevant work experience of one of his colleagues.  That was out of line, and I told the Mayor the same following the meeting.  He replied saying, “I am the Mayor, I chair the meetings, and I didn’t think we needed to hear any more from him.”

Public Safety Driving City Council Agenda

This past Monday, the Sunnyside City Council held a special meeting to discuss public safety.  A large crowd turned out, prompting the council to break with its usual rules of not allowing public comment outside of regular meetings.

(From L-R) Council Member Mike Farmer, Deputy Mayor Nick Paulakis, Mayor Jim Restucci, Council Member Theresa Hancock. (Photo Courtesy of Bruce Ricks)

 Public safety will again be on the agenda when the Council meets for a workshop this coming Monday, February 7 at 6:30 PM.  This time the city has posted the agenda for the council meeting online.  Despite the failure to do this for this past Monday’s meeting, a large crowd still showed up to hear the discussion.  Most of the seats were full, as evidenced by these photos submitted to this blog by a member of the audience.

The Special Meeting On Public Safety Drew a Big Crowd (Photo Courtesy of Bruce Ricks)

 The Council was briefed on recommendations from the Subcommittee on Pubic Safety, which recommends the following actions items:

  • Hire a Crime Analyst
  • Fill the city’s vacant IT Position so law enforcement will have support for its information systems and technology
  • Create a Gang Task Force within the Sunnyside Police Department
  • Annexation of Problem Properties (some gang activity is just outside the city limits, and beyond the reach of our code enforcement officer)
  • Purchase Additional Automatic License Plate Readers
  • Dedicate City Attorney time to assisting law enforcement on gang related issues
  • Review space needs at Law and Justice Center to ensure adequate office space for new personnel

Facing Forward With Backs To Audience, Police Chief Radder and Deputy Chief Schenck Brief Council (Photo Courtesy of Bruce Ricks)

 The gang suppression strategy devised by the Council’s Subcommittee on Public Safety will require an investment of significant resources in order to be effective.  Escalating violence, which increasingly includes guns, must be met with a strong law enforcement response.  The proposed strategy of the public safety committee needs to be approved in full, or it may be unworkable.  It is important for the City Council to followup these discussions and workshops with some action.

Public Safety Topic Of Special City Council Meeting

The Sunnyside City Council has called a special meeting for tonight, Monday, January 31st, in order to discuss the issue of public safety.  As of 6:00 AM, this meeting is not listed on the City of Sunnyside’s official website.  There is no published agenda on the website either.

If you are interested in hearing about the issues of crime and public safety in our community, I would encourage you to attend.  Some members of the City Council are loath to discuss these issues, but they are very important to preserving life and liberty in our community.

The meetings typically start at 6:30 PM, but if you need to confirm the start time, please call City Hall at 509-836-6300.

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