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HomeMy WebLinkAboutRecall Election 1970 /, """ , "\" , ... ~ c' -,- i ASHLAND CUIZENS FOR PROO!lE3S CCUlITTTEE POLICY STATE/lENT ........ <II.. ......... .......... ................ ~..... ..0_ .0.... ""0'.'000'0000000'00'00. OQ.,O,*, 00:\ 1) Recall: Procttdure to be follCIWed: A. We will always follow the organizational pllUl., l.lJ.oung eaClh sub-coJlllllittee ahairJlUll1' to o:.loar the details of hiil rtlsponsiblli ty . with the ohairman. B. We will always operate on t,he basis c.f the ISSUES and not beoome im'olved with pe1'sor.alities, aharacter attaoks or arxr area lIhiClh migh~ be considered as :li\ poor tast.e .m detr1lunt.al to the P<<I'.on. C. We should contine our activ.iti.e to ldJor iallUe., no 1.ft1p1ns or unprofessional m.t.hod. .hall be 4lIlIplared. It. 18 important that the eloctorate haft acee.. to inEol'lll.tion" afl all Um... For 10111. reason we will iaaue dail7 presa rele.... and have 1nfonnat.ion, progres. r.rtl and an.r other pertinenfl dUll avaUable at our dOllntown headquU'ter. daU7. W. will haft a secretary on duty all dq to &nailer requ..ts for petition. and to tak. m...ag... She i8 a secretary" and ean release information alreadJr cleared b7 the cha11"man and the lIub--committees. She should not be nsked to g1;9'8 opiniona or to debate t.he ianes. OUr A.bland Citilllen. for Progre.a CClIlIIIittee ba. called tor a recall pet.itiOlUl to be circulated. The petition circulators are not to involve the CitilZlII\' in deb&iIe or 1011 tvnillh prior intol'lllatiOl1 de.igned to nq the public whUe eirculating the petition. Thie 18 to be the deciaion of the electorllw on the basia of the iawe. Gated on the petiUon. '!'he citizona .hould be al101led this decidon without :pre.sure. 2) a....,.tabliah Confidenc. in Ci1;y QoYernment: A. w. .hould approach the recall with a poaitift progrlll 'hOlting the people of A.bland that 118 are deeopl:r coneemed about the tuttll"e of our cOllVllUnit:r. B. We should present tac'i .heet.a ti'''' ~ pet.:l.t.iOil circulator. to haye for roterenc. in the cuo oiti2l8na aale tor an_era to .pacific issues. C. We ahould operate within channel. or th. Canm:l.tt.. organbation. This will allow prOP<<\' organizat.ion, prownll dllplicat.ion ot some activ.ities, and provide the nac".lI17 1'<tsponsibilit:r tor proper coordination of the tot.al program. D. All mli1lllbel'lil of th.. CClllIIli:&te. .hOldd keep a log of his llct.iviti.. and bring th8111 to lI!'JT ccmm1tte. moeUng tor P/!r't; of our on-going planning progrllll. It should be clear to all concerned that we, individuall7 aa well a. a camnitt.., haft nothing to gain personall;r exc.pt. a better COl1lllUn1t:r with II re'poneibl. govlI1'nmenil. ) 'v" " " . . ,;""~ t' -<t ranbum i ~~., '.~ ' , I . .' . ",. .. ,. , .tmn , ~o: City Administrator DATE: July 7, 1970 Jl'rotn: Director of Finance ~lt~ EXPENSES OF RECALL ELECTION & RENTAL OF HILLAH TEMPLE Previously the Finance Department requested authorization to charge to the General Fund Operating Contingency the cost of renting the Hillah Temple to provide for overflow crowds, plus the cost of con- ducting the recall election. We have now accumulated the actual costs, which are as follows: Legal Advertising $ 29.15 Printing of lliallots & State- men ts Poll books Rental-Hillah Temple Mileage for City Recorder Election Officials Custodian-Briscoe School Rental of poll booths 184.57 20.00 140.00 21.04 435.37 4.22 38.22 Total $872 .57 $40 of the Hillah Temple rental was unrelated to the recall proceed- i~gs, but is a valid item to be charged to the Operating Contingency. A resolution to cover these transactions will be available for con- sideration in tonight's Council meeting Respectfully submitted, ~ Robert D. Nelson Director of Finance RDN:pnw COUNCil INFORMA nON 7- 1- ?o ~----~-------------~----------_. .RECEIVED. [[ill 1- 1- 10 l]]J / ./ ~, Ma.y n, 1970 f l... ~"', (,/ '["->~ On M~ S,. 1970, at a regular meeting of the Council, a certain "motion" was passed. Thi:s motion was passed over a request by the Mayor for a resollition to be presented in written form under Article 8, Section 7 qf the Ashland. Charter which ~tates that resolutions and ordinances will have a yea~ and nays vote and a permanent record will 'be kept. No o~her fOTm for action of the Council is outlined in that section. This verh4l action also qualified as a resolution by its ra>ther cQII\pli...,ated and 'lengthy assertion. 'I'lreresolution was as follows: Based on the authority inve~ted in the Coultcil under Artlc1e 6, Section 2, authorizing the Council to remove any. appointive -officer, I hereby mov~ that Mr. Boshears appointed as Adm~nistrator and Electrical Superintendent be terminate~ effecti\l'le immediately. . Under Article 7, Section 22 of the Ashland City Charter which provid~s that the Council ~s responsible for spendina money for improvements and expenditures, the Administrator Saw fit to ord. er a report, withheld ~he report to the detriment of the ci ti zens of Ashland, has paid, by his own admission to' the CounciJ; in private meeting, a sun!. exceeding $2, 80Cf under various budge~ry items; asked for the agproval of the payment of the bills without disclosing the tru~ purpose of the expendi tu-res. 1. Article 1, Section 22 tl> t.J;tecircumstance mentioned. (see cQpy attached). q~oted above is not applicable ~t refers to contracts and bi.s 2. The resolution makes no ,mention of a replacement for the eity Administrator who is also n~eded for the electri~ utility mom.ntarily for supervision as a 'qualified engineer, without whom the City could find 'itself ih ~erious di~~culties. The City offices and other utilities wou14 also be left without supervision and important responsibilities cduld be neglected. Article 8, Section 3 of the 'Charter provides that the Mayor, as well as the Council, is the j~dge of the propriety of such dismissal. . Since the expense mentioned in the resolution was authorized in the budget and the administrator had reason to believe he was acting under his authority to 'or4er an inventory as set out by Council, the reason for the imme4iate dismissal was unjustified. Certain state laws on employmentipractic: and the pers6nnelordinance could. supercede the Charter and ~re pertInent factors that should be studied before immediate dismissal is made. . . By ,authority of Article 8, Sections 5 and 6, I do veto .t'ftlltr~ut.ioriMentio~ed above. I ~J/771~ arles H. McKeen, M'ayol' . I I I r' :/ f , I " I I I I I t I " (\ , i' t f ! , , I t I f ! , , f i: . , . I t t I , " J , . i I ! ~. . " ( , ! t ....---... ;; t.,_ . '-"', ,....-"'- r I ", . ""0._..__.. .....'"'...~...;;.,,,. ,....- THE: CHARTER Or- TH~ CITY OF ASHLAND If wh.t aCCOUnt tecqived and expended; c\ossilying each receipt ~nd expendiJ:ui'e 'Under its approp;ti,te head. ' . SECTION 22. ~o members of the common cOuncU shall, during the term of '; , , his office, be inter~.ted in any contract with the city; and all jobs or contracts for constructing, ep.l.iring, ornamenting or improvin,g, any, public place in. the 'COity or out 01 it, t Ie expenses of "hich are to. be p_~i4 ~~!..oL!-hC!_~tytreastiry,. ",' . ~ 2nd the probable cpst of which will exceed' $500;it shall aJverdse lor iei>- day; - "- for bids therefor, ~o be done according to the specifications approved by the "ommon cour>cil ~nd made pub'ic at least ten days before closing of the bid. for such job or contract; provided, that the councilsr..U have a dght to re- ject any and all ~ids wi,hout incu"ring any liability lot such rejection; and provided furdlet' ~hJt, whenever, under th: charter or Ol'dinances of the laid "ity the common council may have or shall heeeafter have failed to obt.in a satisfactory bid fde ,he performance of the rabor and the lurnishir.g of the material or either! of them embraced in .any projected i~provement on the streets or aUt}"s) t~e erection of a bU,ildin,g} or any other puenc improvementJ for which peoposal~ may have been inVIted by public advertisement, the com- lIlon council maY,lby a tl\'o.tl1irds vote of the council, undertake and perform such improvemen~ and lurnish the material therefor, under the direction of aaid common cou~cil or a competen' person selected by the council for SU<!h purposc; and provided further, that ".here machinery and material can be pur. . chased in open m*'ker. on satisfa.ctory term" and the saving of time is eSlen. . 'tial to secure delivery of such nt:1teriat, or machinery and su,ppHes purtenant thereto, in order t~ expedlt.~ the con$truction or execution of such public im- provement. the cdmmon council may dispense with the~dverti:Sing for pro- posals for suc~ nl~teri~ls or mac}1inery, and suppti('~ plJrtel\3.nt ther.eta and che labor for the lOst~lIat:on or laYlOg of such nmchinery and mateml, and the lame may he perf~rmed by the common council or under the direction tif 3 """'retent person ,selected by the said council. , SECTIOIll 33. 'the cOl)lmon council shall. .t the time olmaking the annu;! levy ior the expe~ses of the city, as provided in Section 3 of Artiele VII "f Ue,city cha",ler, i elude in such levy for tit. wes and purposes here:nafter s,P.. cified, an amount not exceeding one.half null on the dollar on the a"..sod ....I\1ation of the roperty of said city, taxable by law, for state and county purposes, and the ~mount which may be received Irom such levy shall only ~ expended bv the c~mmon council in such manner and for such purposes as tit. ".,unc~1 shall. dcernbest ca!cu~ated to promote the in,erests 01. tit: city ~n the extenSIon of .ts t"de and busmess, the development and exploltat.on 01 Ita at. . tractiOn! aH4 resqutces, and the improvement of cOnditions :lffocting the heami, comf.ort aIjd welfare of the people of the said city. Provided, ho"',,,er, ' that'the 'um of hoo.oo of the revenue produced by said levy, which wis herelaiore donat.J to the Southern Oregon Chautauqua Association, shall be Pl.ced in the p.r~ fund of the city, and shall b. u,ed by the Ashland P;rk Commission for t\.e upkeep, maintenahce and improvement ot the park, of the city. Provided,1 further, th.t the amount provided for by this section shall , , not be included in Ithe annual expense of the city, bu' the council is authorized .. .. . . . ' ...... . " Ii I "" -, CITY ADMINIST~TOR'S RESPONSE TO COUNCILWOMAN DODGE'S PERSONAL GRIEVANCES At no time did Mrs. Dodge indicate to me that the Council "lacked confidence" in Ilie . . . perhaps she is referring to a lack of self-confidence on the part of most of the councilmen. Her "cause in several areas" shows a lack of understanding of the facts prior to making a statement, e.g. 1. Administrator does not ~o the audit. . . it is a contract with the CPA with no penalty for tardiness. I have pressed for the ~eport but not received it. To my knowledge, in the 'past six years, we have received the audit report prior to December 31 only once. 2. Poor handling of the sign situation . . . this is moSt unclear. . . it should be ntoed that, since Mrs. Dodge's oath of office on Janua~y 22, 1970, the only "handling" of this ordinance',has been:. (1) the recommendation of the ad hoc committee was, made to the Mayor . . . without the committee even asking for any staff suggestions or recommendations; (2) the; Mayor referred the committee's recommendations to both the Planning and Ashland Develop- ment Commissions for comment since these two groups had spent hundreds of manho~rs on formulating the original ordinance; (3) staff waS prepared to make some suggested technical modifications, but Council insisted on bringing the ad hoc recommendations to a vote prior to attempting to reconcile a small number of differences; (4) City Administrator memo dated March 12, 1970, suggested that we were very close to a final draft and recommended representatives of the various viewpoints meet to discuss the common goal . . . which the Council ignored; (5) some of the technical details ~ere worked out at a March Council session so that at leas~ one problem area was avoided. 3. Mini-budget was based On the general direction of the budget committee of February 10, 1970. Mrs. Dodge has not indicated what was ~rong with it, nor did she make any motion to improve i~ during budget sessions. :.4. Mrs. Dodge should have reviewed last year's budget proceedings, the Admini~trator's continuous efforts to get the Council to make policy decisions involving what City services they wished to curtail and what service levels they wished to a~tain in police, fire and street. My concern for the "basi:c services" is well known, but when will the Council make the decisions necessary for our staff to implement i:ncreased programs for these ~ Administrator's Response Page 2 "basic services" . . . it takes either additional revenue or decrease of oither services and both of these are matters of Council policy, NOT administra- tive procedure. At no time did Mrs. Dodg!e ask me if it were poss ible to realize "thousands of dollars in savings" suggested in Horton's proposa1. If asked, I would have been happy to explain that i~mediate effect was impossible and possibility of true savings after 1972 dependent on Council willingness to increase taxes. Mrs. Dodge's additional specific charge is contained in a flyer: Unidentified Flyer of April 24-25 Fact: "Study" referred to was consultant's prospectus for a job as continuous consultant for City Electric Department of $3,000 per year retainer, plus expenses and hourly rate of $12 per hour. 'This prospectus was submitted to City Administrator on September 9, 1969, not July 16, 1969. Mr. Horton's records show the "study" wa5""(Ione betweea August 8, 1969, and September 9, 1969, as "sales promotion . . . Ashland Proposa1." This information in no way could have effected the rate increase enacted on september 23, 1969. The City Council, on July 15, 1969, adopted the budget which included an electric rate increase of $46,000. The City Administrator was on sick leave at the time. Following several study sessions, a rate increase was enacted ~ the ~1uncil on September 23, 1969. Answers to Quotes from Propos~l as Shown on Flyer: 1. Present method of "doubling through rate blocks" is correct per Ashland/Pacific Power contract negotiated August 18, 1964, by City Council. This contract supplements December 19 j 1961, contract, both of which expire February 27, 197Z. Until that date, our energy source can of~~ be PP&L. Rabates are not possible since we have a va 1 contract. Mr. Horton did not do his homework. Ashland's present rates from PP&L are the lowest net rate in the area. PP&L serves no other mumic~pality in Oregon. . . and we pay less total amount n$w then if we were on the lowest PP&L non-residential latge customer rate (schedule 37)! ~ Administrator's Response Page 3 Delay of paying one month's bill to PP&L has no net effect. it merely would increase the folIOwing year's obligation. 2. Investigate contract with Bonneville Power Administration (BPA). Annual savings of $200,000 - $236,000 could be realized after present PP&L contract expires in February 1972 based on anticipated wholesale purchases from BPA. However, BPA also limits both the amount of dollars that the electric department can pay to the City General Fund "in lieu of taxes" to 5 percent and the maximum rates that can be charged the customers. Since the Electric Department now gives the ~eneral Fund about $350,000 per year and BPA would limit this to ~bout $40,000, it is obvious that taxes would have to be raised by about $300,000 to pay the police, fire and street services of the General Fund. Ultimate savings are, tnerefore, questionable unless general services are cut back since BPA insists that benefits are passed on directly to the ratepayers. This information has be~n d1scussed by City Councils for the past 30 years each time the existing power purchase contract comes up for renewal. 3. As we prepare to enter into negotiations, we mast do so "in confidence" until we have all the data necessary to maintain the best possible bargaining position with both BPA and PP&L. Of course, any contract decisions must be made by the Council. May 6, 1970 CITY ADMINIST~TOR'S RESPONSE TO COUNCILMAN BAILER'S PERSONAL GRIEVANCES The so-called report from Mr. Horton was not in existence on July 16, 1969. Mr. Horton compiled the job proposal between August 8 and September 9, 1969., according to his records, which lists his time under "Ashland Proposal" and was charged as sales promotion within his firm. It was noi~her requested by nor paid for by the City. It was delivered to the City September 9, 1969, and reviewed &y the Administrator and Finance Director in mid-S~ptember. Mr. Bailer's statements of being "used as a tool to penalize the citizens of Ashlan~' in pa~sing an electric rate increase on. September 23, 1969, is not understood. The Council adopted a revised budget on July 15, 1969, indicating they would adjust the electric rates upward to bring in an additional $46,000 . . the City Administrator was not even at that meeting as he was convalescing from a July 9 ~4 stay in the hospital. Several Council study sessions were he,ld during August and September and on September 19, the final dec:ision on "how" to raise the budgeted revenue was made following consideration of ten proposals and four administrative reports on rate analysis. Mr. Bailer's committee, Finance & Property, as recently as April 2, 1970, discussed my conversations with Bonneville Power Administration and the scope of the problems we will face in compiling information for the contract negotiations this next year. Some of these problems in respect to BPA were also discussed in general with the ,entire Council in the above- mentioned rate sto~y sessions. At no time silllce Mr. Haines rejceived Mr. Horton's proposal on March 28, 1970, had Mr. Bailer contacted me to ask any question about the "informatidn" contained therein or question why he had not received it previously. ~, -May 6, 1970 CITY ADMINIST~TOR'S RESPONSE TO COUNCILMAN WILLSTATTER'S PERSONAL GRIEVANCES I don't understand "not City Manager." My responsibilities are the. same as a City Manager. . . but my authority is less regarding department head~. In the City Manager form of government, the Manager is solely responsible for all hiring and dismissals, including department heads. Under our ordinances, the Administrator can only recommend on department heads. Responsibility to the Council for all other activities is the same as both are responsible to the Council for enforcing the ordinances, administering effective internal City operations and advising the Council. The Chief Administrative Officer in either case operates under e~isting Council policy, until particular policy changes are made through the due processes of the Council. The so-called report and the i~formation it contained could in no way have affected the ta~payer or ratepayer until such time as a new power purchase contract can be negotiated. This job proposed did not contain any valid information that had not already been discussed with Coun-il committee or would be given to them at the appropriate time after complete data was compiled. If Mr. Wills tatter felt that ~oo much energy has been diverted toward "development," then the' Council should have noted same. I was never instructed to not work for development of our City, and these efforts have not"""'6een "at the e~pense and deterioration of the rest of the community." If the Council believes it has, then they have filed to qommunicate the reasons and e~amples to me or to change e~isting policy. At no time since Mr. Haines reiceivEid Mr. Horton's proposal on March 28, 1970, had Mr. Witlstatter asked me any question about the "information" in the Horton proposal. ~ CI~ ADMINI~TRA~9R'S RESPO~SE . COUNCILMAN JoNES'. PERSONAL GRIEVANCES Mr. Horton was employed in late May of 1969 to take a physical inventory and prepare maps of the city's elec~ric system. He was paid on an hour- ly rate under budgeted funds for the electric department and his work was completed on July 16. Services such as this are not included under the charter provision limitation of $500.00 for 'construction bid items'. ~ savina. are possible ul'ltil expir~tion of our existing power purcha.se contract in 1972, and any hope of f~ture savings obviously can not solve our present revenue shortales. j Mr. Jones has been at numerous meetiniS where it has been fully explained that the generator at the City powe~ plant suffered a major insulation breakdown in mid 1966. Cost of rep~ir of the 1909 machine was Chec~ea, along with cost of up-dating the co~trol equipment and automating $0 that it would not require constant atten~ence. Cost of attendence alon~ was greater than the $1.80 per hour COSt to buy the equivalent energy from Pacific Power so the generating equipment was retired and later dis- maftteled for scrap value. Total en~rgy produced by this 300 KW machine barely met the needs of Terrace Str.et; while peak city usage last yaar was 21,500 KW. Purchase of new equipment for the 600 KW maximum cap~ ability of our dam was economically unfeasible. ~The Green Springs generating station was built and the output contracted to COPCO, April 1, 1959 (prior to mr employment by Ashland in 1964). The cost of constructing and maintaining a line from that site to Ashland would have been prohibitive, especially since this power is avialable only 14 hours per day five days a week. This 'peaking power' is sold by the U. S. ~ureau of Reclamation to P.P.L. at 7.75 mils per KWH, which is considerably more than the 6 mils per KWH that we pay for our powe.r! Mr. Jones should"""'"Cneck his facts....this matter was not presented to the council by me because it occured five years before I came to AShland. In fact, my predecessor saved considerable money by not buying from Greensprings. --- J Mr. Jones' charge that I solicited the County Assessor's reappraisal of the Ashland area is an obvious attempt to 'buy some votes'. Any- one who wishes may chec~ with the county assessor, Ray Stewart, who has issued a flat denial of having ~ad any contact from my office. In fact, increased appraisal values, do not bring added revenue to Ashland's general fund, since the 6'% limitation applies to total dollars of tax revenue we are allowed. This charge is not only rediculous, but is evidence of his lack of basi;c understanding of our financiiH operation after over three years on the council! ,- Mr. Jones understanding of the budget law procedure is equally confused. The matter of the administrative aCCount reimbursing the mayor or councilmen for expenses to attend approved meetings was fully dIScussed at last years budllet meetings fOllo",ing elimination arthe council ex- pense funds from the budget. It hals been further discussed by this years budget committee within the l~st month at a meetingd Mr. Jones attended, Mr. Jones comments in tni!s regard are untrue, inaccurate, and io,. Administrator's Respon~ Page 2 not worthy of further comment since; all expenditures have been wi thin the allowed budget and reimbursemen;t made for actual expenditures on City business. Mr. Jones evidently forgets that the subject of his access to indi- vidual utility accounts was fully d!iscussed by the council and that " the council voted to t~ny an indivu!dal council member access to utility accounts, tfu reports have been given to the appropriate council committees on delinquent ac,counts and how they are procelised,. Full disclosure will of course, be made of any accounts requested by the council. Mr. Jones' insinuation 'that some blf the public funds have be~m expeJ\ded for waat is a private proj ect I in regard to the Oregon Shakespeareaii . Festival project is completely unfounded. Work done by the City fo~ the proj ect has been billed in acco;rdance with normal procedures. If Mr. Jones has specific work in mindl, we will be happy to show him the invoices and receipts for the 15;09'7 billed for City work on this project. In general, Mr. Jones' list of personal grievances are either items previously explained to the CouncilIJ&Mr.Jones) or political campaign- ing by Mr. Jones with no factual basis as evidenced from the above information. . ~ SAMPLE BALLOT ,------ For The Special Recall Election in the City of Ashland, Jackson County, Oregon, to be held on MONDAY, THE 11th DAY OF MAY, 1970 Vote YES or NO. Mark X in the Square for the Answer Voted For. REASONS ON RECALL PETITION FOR DEMANDING THE RECALL OF ROBERT W, BAILER, COUNCILMAN OF ASHLAND, JACKSON COUNTY, OREGON: II 1. We believe him to be incompetent for the office. 2. He has offered no solution to existing city problems, either in organization or finance. 3. He is an obstructionist rather than a builder. 4. His actlons have been ill-considered and disruptive. 5. His conductbefore the counctl has resulted tn antagontsm and lack of harmony. 6. We believe he has made decisiOll8, with others, regarding city policies in closed meetings. 7. Rls methods have been undemocratic and dictatorial." COUNCILMAN ROBERT W. BAILER'S JUSTIFICATION OF HIS COURSE IN OFFICE: UIn the put I have endeavoredtodowhat I feel is right for the majori- ty of the citizens of A&h1and. I feel there is only one class of citizen, not A, B. or C, citizen. It.1 am retained on the COWlCtl, I wUl continue to do what I thinklsrlgh.tforthe majority, not any clique or minority group. " 51, SHALL ROBERT W. BAILER BE RECALLED FROM THE OFFICE OF .COUNCILMAN OF THE CITY OF ASHLAND YES 0 NO 0 REASONS ON RECALL PETITION FOR DEMANDING THE RECALL OF FIlANK D. HAINES, COUNCILMAN OF ABHLAND,JACKSONCOUNTY, OREGON: 1. We belteve him to be incompetent for the office. 2. Se has oftered no solution to existing city problems, either in organization or f1nanee. 3. Be 11 an ob8tructionist rather than a builder. 4. His actions have been ill-considered and disruptive. 5. &11 conc:tuctbefore the counen has resulted in antagonism and lack at harmooy. 6. We believe he has made decisions, with others. regarding city pollcies in closed meetings. 7. Hi8 methods have been undemocratic and dictatorial." COUNCILMAN FRANK D. BAINES' JUSTIFICATION OF HIS COURSE IN OFFICE: lilt Is time we settled the issue. Is Ashland being run by and for the people or by a high-priced administrator for the benefit of the few. Three years of following staff advice has plunged us into budgetary chaos. The staff solution to this is to follow the same do-nothing, starve the basic services program. II the purpoae of our city government toeupporl eecred coweln lavieh style or to serve the people and the future of Ashland?" 52. SHALL FIlANK D. HAINES BE RECALLED FROM THE OFFICE OF COUNCILMAN OF THE CITY OF ASHLAND. YES 0 NO 0 REASONS ON RECALL PETITION FOR DEMANDING THE RECALL QJ'._.--QI'Q~<:Ii:-JeNBS,- --~--.QF ASHLAND; -JACKSON CO'lJlITY, ORBOON, 1. We believe him to be Incompetent tor the office. 2. He has offered no solution to eDiting city problems, either in organization or finance. 3. Be is an obstructionist rather than a builder. 4. Ris actions have been 1ll~cons1dered and disruptive. 5. His conduct before the cOWlcil has re811lted in antagonism and lack of harmony. 6. We believe he has made decisions, with others, regarding city policies in closed meetings. 7. His methods have been Wldemocratic and dictatorial." COUNCILMAN GEORGE JONES' JUSTIFICATION OF HIS COURSE IN OFFICE: "'This recall election is the result of the Ashland City Council movinl to terminate the city administrator. He ordered from Marquess and Marquess a survey of the electrical sys- tem of Ashland, they prepared a 28 page report with positive recom.. mendations together with a cover letter dated July 16, 1969. The Coun.. cil became aware of the report on March 28, 1970. In September of 1969, the' administrator asked for an electricity rat, increase from the Council. It was granted. Had the Council known or the report, it would have reduced the rates and used its recommendation The report being withheld was inexcusable and complete disregard of the rights of the citizens. An administrator has no authority to order services, $2,800 of Ashland money on electrical reports and services Wlder Article 7 of the charter. The suppression of the report was un- conscionable. If the citizens recall me for attempting to correct a Irlevous wrong done by a $19,500 a year man, then I should be recalled. My $14 per month take home pay is hardly commensurate with the abuse that I have taken. There are many other wrongs committed by the adminiltrator and his associate, Mr. Soderberg, but the space alloted does not permit its in- elusion.' , 53. YES D D SHALL GEORGE JONES BE RECALLED FROM THE OFFICE OF COUNCILMAN OF THE CITY OF ASHLAND NO REASONS ON RECALL PETITION FOR DEMANDING THE RECALL OF ALFRED W1LLSTATTER, COUNCILMAN OF ASHLAND, JACKSON COUNTY, OREGON: 1. We believe him to be incompetent for the office. 2. He has offered no solution to existing city problems, either in orpnization or finance. 3. He is an obstructionist rather than a builder. 4. His actions have been ill~considered and disruptive. 5. His conduct before the cOWlcil has resulted in antagonilm and lack of harmony. 6. We believe he has made decisions, with others, regarding city pOlicies in closed meetings. 7. His methods have been undemocratic and dictatorial." COUNCILMAN ALFRED W1LLSTATTER'S JUSTIFICATION OF HIS COURSE IN OFFICE: "As your elected official I took the oath of office and swore to repre_ sent the citizens of Ashland on an impartial basis. I feel I have acted on that premise since assuming office and wUl conUnue to do 210. As I pointed out in my statement quoted in the Ashland Daily Tidingl of April II, 1970 "I feel this issue il greater than the dlsminal of two city officials". I feel the charter indicates that the COWlCU il the poli- cy~mak1ng body. According to Article 6, Section 2, the CITY COUNCn. shall, by ordinance, prescribe thedutielofappointiveand elective off1~ cers..... I feel the citizens, and I, as an elected representative have the right to expect that the policies of the council and the duties of any ap- pointed or elected officers be carrled out. I did not run for City Coun- cil to becom~ ~ rubbe~ s~~p. " ~ 54. SHALL ALFRED ~LSTATTER BE RECALLED FROM THE OFFICE OF COUNCILMAN OF THE CITY OF ASHLAND YESD NoD .~ ).. '. _./ V_<' ~/ 'L'""..-/ .~ fjJ... V il tmn r a 1t il u m May 6, 1970 ina: Gary L. Boshears Jrram: Mayor Charles H. McKeen hbitd: Appointment of Acting City Administrator So that there can be no question on the present status, I am appointing you as acting City Administrator continuously until the question is cleared up on the action taken by the Council on May S, 1970. eU.!!~ Charles H.1~n, Mayor 1cr .~ , '~<.J~._ /. t May 6, 1970 To The Ashland City Council, Gary Boshears and' all interested parties: . Xn June, 1969 I was, in my capacity as an electri- cal engtneer, requested by Gary L. Boshears to prepare an inventory of the City of Ashland Electric System, inc- luding an appraisal of .the physical assets'. Compensation was to be based upon the time spent in that project. Pursuant to the request, I did complete an inventory . and evaluation of the system and prepared a summary which was delivered to Mr. Boshears on or about July 16, 1969. A billing for the work was. also submitted a~d paid in full. On August 11, 1969, after completing. the work for which I had been hired and after receiving full payment for .that work, I again contacted Mr. Boshears by letter suggesting and soliciting employment for the engineering firm of Marquess and.Horton on a continuous ba5is~ A copy of an employment.agreement was enclosed with the letter. Following the letter, I prepared an analysis to substantiate my request for employment, which also inc- luded the inventory and evaluation previously submitted to Mr. Boshears. This analysis was neither solicited nor paid for by the City of Ashland or any other source, but was merely used to support my request for employment, and a copy was delivered to Mr. Boshears on or about September 9, 1969. . . Eight pages of that analysis are now appearing attached to a document entitled "Official Release". The Release states in effect that the citizens of Ashland paid for the analysis, when in fact, no payment was intended, solicited, or received.. ,If the analysis in the first sentence suggests that . ,it was requested by the Ashland City .r.1anager, it is in- correct, and should have read: "At the request of the Ashland City Manager, the firm of Marquess and Horton was engaged to inventory and evaluate. the City of Ashland's electric system as it existed on July 1, 1969." . . j , \ ' , Page 2 May 6, 1970 " This refers to the work previously mentioned that had been pai.d for and completed. I am making this statement not to take sides in the controversy presently ,existing between members of the City Council and the City Manager, 'but rather to set forth clearly the facts in so far as they relate to my activities and the work of my firm of Marquess and Horton. Yours truly, MARQUESS AND HORTON . ~~ /??, By L. S. Horton, PE Electrical Engineer , / " , , . " . . . - .. " , " ~' If" <! '-'.... "1:_1'-'-- ASHLAND. OR_ ... I. 1111111 -_. RI""'''' C. eo.... - _A_ E_ llogol Chuter COrry Mrs. John Cotton William Dawklnl Donald LewII Edd Roun_ IJoyd Solbv Cltttu of AJ~lauh "._l1r ..t c:..nlllIMItor Rkhard ~rbera May 5, 1970 Mayor and City Council Ashland, Oregon 97520 Gentlemen: We of the Ashland Development Commission wish to express our concern regarding your proposal to discharge Richard L. Soderberg. The Commission was formed and authorized by the City Council ' and charged with development duties. We believe that these duties have been carried out with the interest of all of Ashland in mind. The existence of the new festival theater and the other development programs now in progress bear witness to the effectiveness of our group. All of these activities could not have been planned or developed without an effective and energetic Development Coordinator. ' The person filling that positiQn has been Richard Soderberg. Through his honest and diligent efforts we are well on the way to making Ashland a better place to live and work. We sincerely hope that in your deliberations .you will weigh your feeling with our accomplishments. The City of Ashland needs a Development Commission and the Development Commission needs Richard Soderberg. Our progress and development could not have proceeded with such smccess without this man. We feel th~t you would be making a serious error in relieving Mr. Soderberg of his duties. Very truly yours, (~( James C. Busch Chairman skw ~ ~.Q "-... cC "'fi.i,,_~ (!tit!} of AB41anb Cholr...n -- ASHLAND, ORIGON "I. 10'_11 ~llhJa~ (liX:(llUI.Utix: lD-~bl.!httrm~nt <!T..UU~~Jt E...... May 4, 1970 Mayor and City Council Askl,and, Oregon Gentlemen: Whereas, there has been recent discussions regarding the dismissal of Development Coordinator Richard Soderberg, the members of the Ashland Economic Development Commission would like to go on record as making the following comments and o1>servations: Mr. SOderber& hes given of his free time for breakfast, 1uncneoil a.ad .veJling meetings during the past 2 1/2 years with 1\0 pay;. witn.out whose advi,ce, assistance and recommendations many of our .'ivities would not have been completed. One of the.. which has been accomplished is an organizational handbook f.,.ch Economic Development Commissioner; which has included a4-"y of the ordinanc:es under which the commission operateslE" 'a1 budgets which have been prepared by the Develop- ment Co..o..... . .tor; preparation o;f financial reports; preparation of the m.. ,s and preparation of special reports as required by the ell.... on. I ....."' He....Ii..I.~ared materials at oQr direction for various industry i~. .............'1. '1;.65. including material :flor the U. S. National Bank and S~W't1\ Pacific Railroad. He has also supervised the annual p''',.tation and updating of the "Ashland Industrial Survey Ililptllrt" and "Retail Trade Char~cteristics in the Ashland, Oregon Trade Ar!ta" ~tl efforts to provide industry and business with informatiott Oft our community (dopies attached). This industrial info~atton is for the purpose of assisting Ashland to obtain indus try. He has assisted in reviewing technical information, together with Deve10paent Commission members in recent trips to Hi11sborough, McMinnvi11e and Portland at our request. We hope that this information will receive your careful consider- ation before making a final decision on the dismissal of Development Coordinator Soderbarg. We recommend his retention as we feel he has done an outstanding job in helping our community in industrial development activities with limited resources. cc: R. L. Soderberg ~lY, ~~;J F10Yd~ Ch~ ~ Milly 4, 1970 tit; Ashland City Council Although Mr. Bailer has nearlY. '. tcurately quoted me in his state- ment dated April 18, 1970 regar'ing Development Coordinator Richard L. Soderberg, I do not feel this is an overall correct .asesment of my working with Mr. Soderberg in my moving. Altaough I am not 100% happy with my new location, I have increased my gross sales. Through Mr. Soderberg's efforts, I was able to retain my snack bar account at the college when a misunderstanding developed on my ability to meet the S.O.C. food schedule dUe to my moving. This represents my biggest account. Although my moving bills have npt been paid to date, I believe the City of Ashland will stand behind their committment to me. Sincerely, m~~\. Morris He~rix ~ cc: R.L. Soderberg ~ ~-r'0 ---, ~ & ~ - - - CONSULTING ENGINEERS PHON!! 77z..711S OOLDY BUILDING MEDFORD, OREGON 97501 April 27, 1970 In reference to the unsigned flyer regarding the City of Ashland conflict the consulting firm of Marquess and Horton makes the following statement: Near the first of June, 1969 the firm was engaged by the City of Ashland to inventory the City of Ashland electrical facilities. On the 16th of July, 1969 the inventory was complete and a summary letter submitted to the City of Ashland. On August 11, 1969'a contract for engineering services on a continuous basis and cover letter was submitted, to the City Administrator soliciting engineering work and notification that other data would be submitted to substantiate hiring consultants. The information referred to in the unsigned flyer was submitted to the City Administrator on September 9, 1969. This proposal was a solicitation for engineering work and not an engineering study requiring policy decisions. . .,--. ...IIlDHN......VIEIIl. L"V . DIE...THEIIlAIIE ....TTD"NC"f. ....T LAW aTTO 01. I"RaHNMAYEIIl: W. V. DlEAncllAa IITUART IE. I'OIJTEtl WILLIA... .. f1UJlDY COOLEY THEATIIl:I.UILDINII - 3' .OUTH CENTRAL TI:LEflHONE A/~ _all 773....211 MIIDI"MD. a.EllaN ".ot PHILIP B., L.OWRY 19.9-1969 April 20, 1970 Mayor and Council City of Ashland Ashland, Oregon 97520 Gentlemen: This is to confirm my withdrawal as special counsel for the City of Ashland and the City Council. At the time my services were requested I informed the Council that our firm had been requ~sted to represent the Oregon Shakespearean Festival Association in a dispute with the general contractor over the.construction contract of the new theater. I had been informed on April 16, 1970 by all members of the Countil that no conflict existed since the interest of the City and the Association were identical in the contract dispute. On Friday, April 17, 1970 I was informed by certain represent- atives of the Oregon Shakespearean Festival Association that they were of the opinion that my representation of the City might constitute a conflict of interest. I was also informed for the first time that the Board of Directors of the Associa- tion on April 8, 1970 had a~opted a written resolution requesting the Council to retain the services of Mr. Boshears and Mr. Soderberg. If I had been aware of this resolution, I would have declined at the outset any employment on behalf of the City, not due to any possible conflict of interest but to prevent possible embarrassment to all parties in a political controversy. My knowledge of the claims in the contract dispute do not present a conflict of inter~st under rule 7 of the Oregon State Bar "Rules of Professional Conduct". However, it appears that th~ high emotional feeling surrounding the present controversy mig~t cause my legal representation of both clients to be ineffiective. Therefore, our office declines to represent the City Council. We have also withdrawn as ~ttorneys for the Oregon Shakespearean Fes~ival Association. Yours very truly, FROHNMAYER, LOWRY & DEATHE~GE By WVl..J~4~ ......~ WVD : 1m cc: Gary Boshears . Harry Skerry Walter Crosby ~ :...'- .: FRDHNMAYER, LDWRY . DEATHERAIIE ATTORNEYS AT LAW DTTD .... P'RDHNMAVER W. V. DEATHEIlADE aTUAAT E. ...aaTER WILLIAM G. PUNav CDDU:V THEATRE BUILDING . 39 BOUTH CENTRAL TELEPHONE Ale 503 773-8425 MEDP'Olla, OIlEGON 97501 PHILIP B. LOWRY 1949-1969 April 17, 1970 Mayor and City Council City of Ashland City Hall Ashland, Oregon Gentlemen: This memorandum shall set forth my suggestions made at your study session on Thursday, April 16, 1970. It is my understanding that the council desires to employ my services as an attorney in the capacity of special legal counsel to the City of Ashland and the Council concerning a dispute involving the city administrator and another officer. It is my understanding that Mr. Skerry, the city attorney, has disqualified himself because of his personal acquaintance with the parties involved. In no way would the undersigned act as the city attorney for the City of Ashland since I am not a resident or freeholder, a necessary qualification for city attorney under the city charter. Under ordinance 1399, section 24, the Council has a right to hire special counsel to act as attorney for the Councilor the City of Ashland. A question has arisen as to whether or not the City Council may remove appointive officers of the City of Ashland without a hearing or statement of reasons for such removal. Article VI, section 2 of the city charter permits the City Council to remove any appointive officer at any time without any cause or the necessity of any hearing. The city administrator and all other appointive officers of the City are subject to such removal procedure. Ordinance 1404, section 41, concerning the rights of dismissal, are limited to regular employees of the City who are not appointive officers of the city government. Some question has been raised that since these officers have been appointed for a certain term that they are entitled to a hearing and can only be removed for cause. However, the legal authorities do not support such a proposition since the charter must require such a hearing and removal for cause before there is a legal right to such a procedure. If there is any ordinance in'conflict with the charter, the charter prevails. : Notwithstanding the fact that the Council may remove such officers without cause and without hearing upon majority vote, it would be my recommendation that before the Council consider..the removal Mayor and City Council -2- April 17, 1970 of any officer of the City, it follow the following procedure in order that all parties involved may make a deliberate decision concerning such removal~ This procetlurewoUld be as follows: 1. Members of the Cit~ Council individUally'and collectively should outline in writing their qrievances and complaints against the effected city officers with a brief factual summary as to dates, names and places in order that the officer involved is'aware of the oomplaint. After the Council has been able to formulate their grievanoes, a study session should be held as soon as possible with the involved city officers, at which time the Council, individually or oollectively, would inform the officers of their . ~ievances. During this study period the officers involved may be represented by their personal counselor attorney if they so desire and be given an opportunity to answer or to discuss the grievances with the Council. .2. The officer involved should be allowed an oppor- tunity of at least five days thereafter in which to study and research the complaints and at the end of such time a second study session should be held wherein the officer or:his counsel may explain or justify his actions concerning the alleged grievances. This study session should be completed prior to the May 5, 1970 Council meeting. 3('" At, the Ma1l' 5, 1970 regular meeting of the Council 'a\~otion to.J;fJmove such officers could then be i\ :6?W~~1.liimadf"fl~?p~bliclY discu~sed ~y. the Council 'rlIE!inbet"l!I": Jl't'here"snou"1dJ"'be some hme hm~ t upon the discussions, preferably 45 minutes for each position on the motion. At the conclusion of this discussion a vote should then be taken on the motion for removal of such officers. The above suggested procedure is not an assumption on my part that any officer is in fact to be removed, but only in the event the Council desires to consider removal, that such procedure be followed in order that all the parties involved be fully informed of the complaints and grievances. I also believe that such meetings between the officers and the Council may be effective in some instances to solve the grievances and not require any further action. The above procedure is not required under the city charter and is only suggested due to the extended publicity that has been afforded the recent controversy in order that the citizens of Ashland may be adequately informed of the reasons, if any, for the removal of any officeit's of the City of Ashland. , , , ,--, '-", MINUTES FOR ADJOURNED MEETING ASHLAND ClTY COUNCIL APRIL 15, 19H1 An adjourned meeting of the City Council was held in the Council Chambers of City Hall on the above date. The meeting was called to order by Mayor McKeen at approx:imately 9:05 a.m. AU Councilmen were present. Mayor McKeen read a notice signed by Councilmen Haines, Bailer and Jones calling a special meeting on the above date to discuss the matters of retaining an acting City Attorney in the matter of proposed dismissal of the City Administrator and Development Coordinator and to name an attorn~y from outside Ashland to receive the charges leveled against the two staff members and make recommendations. The meeting was temporarily recessed and reconvened at the Hillah Temple to accommodate a large audience. It was moved by Haines that, follqwing the recommendations of the City Attorney and pursuant to the provisions of City Ordinance No. 1399, the Common Council retain as special legal counsel to represent the City of Ashland in ~ll matters pertaining to the proposed dismissal of the City Administrator and Development Coordinator, Mr. William V. Deatherage. The motion was seconded by Jones. Mayor McKeen pointed out that an ~ttorney should be appointed by the Mayor and confirmeq by the Council. He asked for the nature of the charges to be brought against the two staff members in order to determine if legal couns$l if necessary. Haines then read section7lMof Or~inance 1399 and pointed out that this is not a matter of appointment by the Mayor. City Attorney Skerry suggested a study session with Council to discuss the Mayor's power to appoint as o~tlined in the City Charter. City Attorney Skerry then clarified the matter with the Council of hiring one attorney to act as .pecial counsel for the Council and to, serve as acting City Attorney. Haines indicated that it was his intention that one attorn~y be employed for both purposes. The City Attorney recommended that the Mayor and Council act promptly on the matter of hiring an attorney to represent them; however, pointed out that there maY be some question as to the validity of the Council's hiring an attorney without specific appointment by the Mayor. Roberts indicated that he was not opposed to the Council hiring an attorney if it can be determined that there is need for this action. Mr. Sid Ainsworth expressed concern that the Council had not met to discuss the retainer for the special counsel. Mr. Richard Cottle asked from which City fund the fe~ would come. City A;.ialstrator Boshears replied that it wQuld prl"',ly co.. ft.. the Gennal Fund COIl.U....ey, depending on thle -..unt involved. ~ ' ! .' ~ ~ Council Minutes .2- April IS, 1970 There was some discussion regarding whether or not the charges were criminal in nature and if they should be presented to the district attorney. Mr. William Briggs indicated that his opinion was that the City Charter overrides the Administrative Ordinance in the matter of appointment of counsel by the Mayor and expressed concern that the Council would employ an attorney before the entire Council knew the nature of the charges. Roberts indicated that he would op~ose the motion on the grounds that he had not be informed of the charges or necessity for legal counsel. The remainder of the Council indicated that they knew in general terms what the charges were. On roll call on Haines' motion to employ Mr. William Deatherage as legal counsel for the City Council, carried 5-1, with Roberts dissenting. The Mayor indicated that the motio~ should be confirmed by a resolution providing for the transfer of necessary funds, etc. Following &onsiderable discussion regarding the hiring of special legal counsel for the City of Ashland, the meeting was adjourned subject to the call of the Mayor. ci?r~~l~~ lcr ....r- '., r\ First Presbyterian Church POST OFFICE BOX 626 PHONE 482.3536 Siskiyou Blvd. and Walker ASHLAND, OREGON .. J. HOLLAND, Minis.., April 14, 1970 City Counci I City Hall AShland, Oregon, 97520 To the City Council: The Ashland Ministerial Association in their monthly meeting held April 14, 1970 at First Methodist Church took the fol lowing act ion: "Moved by Ell is and seconded by Sm I th that the Ash I and Ministerial Association go on public record that the course of action engaged in by certain members of the City Council in which charges are made against two city administrators without these charges having been described or defined is irresponsible, and unnecessarily places the carreers of these two administrators in jeopardy. The motion carried with Cowan and Nicodemus abstaining." As Secretary of the Association I was instructed to get this information to both the Ashland Daily Tidings and the Medford Mail Tribune and mail a copy to the City Council. Sincerely, 11.{.~ B. J. Holland, Secretary ." tr. R~CEIVEOnID 1JTII1l- ~"?~ :J1t-J .~ L': MINUTES FOR ADJOURNED MEETING ASHLAND CITY COUNCIL APRIL 10, 1970 An adjo\i~ned meeting of the City Ciouncil was held iIiLnthe Hillah Temple on Winburn Way on the above date. The meeting was called to ord.er by Mayor McKeen at approxima!tely 3 p.m. Councilmen present: Do4le, Haines, Jones, Roberts, Wil'lstatter. Councilmen absent: Bailer Iqediately fcllowing roll call by' City Recorder Bartelt, the meeting was recessed temporarily ~d reconvened at the Angus BQ_er Theatre to accomllloda te a lairge audience. At this time, Mayor McKeen read a notice signed by Councilmen Hljlines, Jones, Dodge, Wills tatter ,and Bailer calling a special meeting of the Council for the abdve date and listing as agenda items the dismissal of retention df Gary Boshears and Richard Soderberg and what action would be taken if the two were dismissed. Mayor McKeen requested that the charges against Gary L. Boshears and. Richard L. Soderberg be voiced by the Council at this time. Haines indicated he had recently received a letter from City Attorney Skerry, as did the remainder of the Council, recommending that the Common Council employ sp~cial counsel to represent them in this' matter"er A copy of the letter is attached. It was moved by Haines, seconded by Dodge that Council follow the reco~endation of the City Attorney and that this session be adjourned until such time as Council shall appear with legal representation according to the City Attorney's advice. Mayor MCKeen pointed out that a large audience was present at the aeeting to hear the charges tq be brought against the two staff members involved and again ~equested that these charges be reviewed. At this time, it was requested by City Attorney Skerry that Haines read the entire letter addressed to Council from Mr. Skerry. The letter was read by Haines. Willstatter pointed out that it is quite apparent that the Council should be pepresented by legal counsel.in order to have equal representation. Following another request from the Mayor that the charges be voiced at this time, Haines indicated that, in a general manner;. he has lost confidence in the City Administrator. Mr. William Patton asked why Council had not obtained legal representation before this time. Haines explained that the Council must take this action at a formally called meeting and it cannot be accomplished at this time, because it is not included on this aeeting's agenda. Y' ~ Council Minutes -2- April 10, 1970 City Administrator Boshears pointep out that, if this is an emergency situation whicb would require his immediate dismissal, perhaps the City would be in jeopa~dy if the matter were delayed. He felt that the public should kno~ if the Council is acting with the public interest in mind or ind:ividual interest in mind. Several members of the audience re~uested Council to review the charges. The Mayor again asked for clarification of the Council's re~uest to discuss the dismissal o,r retention of the City Admini- strator and Development Coordinato'r. Wills tatter pointed out that he had no charges or allegations; he felt the issue had to do with faith in elected officials in a democratic process or faith in a bureaucracy. Ci ty Attorney Skerry indicated he ,had not been consulted regarding Council's proposed action. Haines pointed out that he had consulted his oWJlattorney" but could not speak for the other members of the Council. Se~e discussion followed. City Administrator Boshears asked when he would be given smme information regarding the charges. He expressed concern that Councilwoman Dodge would vote for his dismissal based on the fact that she has confidence in Haines and the two have been friends for ~uite some time, as s~ated in the Ashland Daily Tidings. Councilwoman Dodge indicated that she had be asked by a reporter if she had consulted with other m~mbers of the Council regarding the mismissal or retention of the 'City Administrator and Development Coordinator. She indicated that she had not officially met with the other Council members but had seen each of them informally at different periods of time. She pointed out that she has great confidence in Haines and knows that he would not have suggested that Mr. Boshears be dismissed wi~hout good reasons. She indicated that, since she has been on the Council, she has observed considerable unrest, which is partly due to not receiving ade~uate information from staff. At this point, Mayor McKeen voiced his support for the City Administrator and indicated that he would have to see some cause before considering dismissal of the two staff members involved. Mr. Lloyd Selby suggested that Council consider retaining the two staff members at this time and perhaps let a future Council decide on the worth of their dediqation and contributions. There being no further business, the meeting was adjourned subject to the call of the Mayor. Ci((~O~ lcr ~.-...., ~ The De.ocratic Party Pl1'ecinct 5, Jackson County 497 Chestnut Street. No. 3 Ashland, Oregon 97520 Tl\e Honorable Charles .H. McKeen Mayor Ashland, Oregon 97520 l)ear Nr. Nayor: We herewith protest the shockin$ly undemo~ratic action of the City Council in its barbaric tr~atment of City workers in g~nera1.~d specifically, the ~egradinl treatment of the City Adllinistrator, on April 7, 1970. It would appear to these witnesses that the first item of new business for the City Council m~st be a public apology to offended workers. ;'; Following this, we present the following non-negotiable demands for action by the Ashland City tounci1: 1. An assurance that City workers may be guaranteed a place of dignity which preclude, discussion of personnel data in public meetings; 2. The development of ade~uate written personnel practices which are interpreted equally for all workers in City govern- ment; 3. The developBe1lt of practices of City government that will insure that City policy is determined by democratically elected officials and imp1iment~d by properly qualified pro- fessional workers. Additionally, we commend your Hpnor for your efforts to control the primitive behavior that was i~0evidence in Y04r Council at that Bleeting. /4'~J G~R. Pierson, Ph. D. Committee.an t~ c- 645 G1enwood Rrive Ashland, Oregon April 10, 1970 To the Mayor and Council City of Ashland Gentlemen: May I take this opportunity to write you concerning Mr. Gary Boshears. My first meeting with him was in the Rogue Valley Section of the Professional Engineers of Oregon and in relation to his work as an engineer with what is now Pacific Power and Light Co. In both these I found he was held by his peers as an able, indus- trious, forward looking person. During this period my work and service activities brought me in meetings and projects along with executives of the power company, and I recognized they held Gary in high esteem as an engineer and as a person who would probably advance in the corporate structure. There was a general expectation of such progress and little or no evidence of complaint. It was pleasing to me to learn he had been selected for his present position. Since that time I have worked more closely with him, have found him knowledgable of the city operations, of general problems with which cities deal - in my case especially as related to planning - and dedicated to the development of our city. In discussions concerning the operation of the electric distribution system, likewise. He has been cooperative and helpful and also careful to present the guides, limits, and regulations set through the action of the Council. I have been at some Council meetings and have witnessed some evidence of frustration involving him and members of the Council. Differences arise in most groups upon which responsibility is placed. I firmly believe it would be an error to dismiss him based upon this experience and what has been reported in the local newspaper, and strongly urge his retention. Sincerely yours, ~d3Iffi~ Elliott B. MacCracken .'"""- "~ ~.. Ashland Oregon, April 8, 1970 . ..\'" " . , Public Notice to the Mayor and Common Council of the City of Ashland. We, the undersigned members of the Common Council of the City of Ashland, in accordance with the provisions of the Charter of the City of Ashland, hereby demand that the Common Council be convened at 3:00 p. m., Fttday, April 10th in the Council Chambers at City Hall to discuss the following agenda: 1. The dismissal or retention in city employment of Mr. Gary L. Boshears and Mr. Richard L. Soderberg. \ 2. Should either or both men be dismissed, to take such action as is necessary to see that the governmental functions of the city of Ashland proceed without interruption. ~ f)/~f. ~pG t< .~. Jh ,rD... '0 ,f)~ ~" W~.( ~~ I Oregon Shakespearean Festival Association April 8, 1970 Ashland, Oregon 97520 To The Hayor and COlMKJn Council City of Ashland The Board of Directors of the Oregon Shakespearean Festival AssociAtion at its meetinq on April e, 1970 adopted a resolution recoqnizinq the contributions made by Gary Boshears and Richard Soderberg to the City of Ashland and to the expansion project of the Festival. The Board, in adopting this resolution, is of the opinion that the services they provided in the area of engineering and administrative fWlctions have been invaluable to the success of the project. We question whetr~r the project will proceed to a successful conclusion without their continued inVOlvement. The Board further resclvec to have one of its members present at the City Council moeting of April 10, 1970 to express the unanimous fee1inqe ot its membership to urge the Common Council to continue with the services of both Mr. Boshears and Mr. Soderborg. OREGON SHAKESPEAREAN FESTIVAL ASSOCAITION ~OSbY President , " -, MINUTES FOR REGULAR MEETING ASHLAND CITY COUNCIL APRIL 7, 1970 The regular meeting of the City Council was held in the Council Chambers of the City Hall on the above date. The meeting was called to order by Mayor McKeen; All Councilmen were present. APPROVAL OF MINUTES: It was moved by Bailer, seconded by Willstatter that the minutes of the March 17, 1970, regular _eeting and March 23, 1970, adjourned meeting be approved as published. Motion carried unanimously. DEPARTMENTAL REPORTS: None STANDING COMMITTEE REPORTS: a-. "finance & Property Committee - It was moved by Chairman Bailer =-:11.." cloud be recorded on thre!e lots, in addi tionto one lot ,WIll .' ,will have a dirt or gravel street, owned by Mr. Robert ' ' ,er in Oak Court Subdivisioln and that the subject street be paved at the same time Oak Court' Subdivision is paved. The motion was seconded by Haines. Following brief discussion, Bailer's motion was amended to include City Attolrney Skerry' s suggestion that Mr. Ridinger submit to the City Atto;rney the proposed document with restrictive covenants incorporating Mr. Bailer's motion and the' doc\lllen.t then be submitted to th!e City Council for approval; that no buil4i~. ..raits be issued pr'ior to approval by the City Council of the ....strh:Uve covenants on :the property. On roll call on amend- ' ment, ca.tt.. ___ni..usly. On roll call on amended motion, carried unanimous 11. At this tille, Mr. Gaora. Pierson introduced himself to Council, indicating that he was representing Precinct 10-A of the Democratic Party. Finance & Property Committee - (continued) Chairman Bailer indicated that the committee had received a letter from Ashland JayCees; however, the letter was not read at this time. Chairman Bailer reported that th~ committee is currently working on the matter of cleaning up the City Seventh Street lot as requested by the Ashland Garden Club. At this time, City Administrator Boshears asked if Mr. Ridinger would be required to install utilities on his property, referred to at the beginning of the committee report. It was indicated that he would. Haines asked if the ordinance regarding annexation assessments was ready for Council action. City Attorney Skerry reported that the ordinance has not yet been prepared. Council Minutes -2- April 7, 1970 b. Public Service Committee - Chairman Haines reported that the committee met with Finance Director Nelson and Cemetery Superintendent Burr to study the cemetery price scale. Haines then moved that the following recommendations be approved by Council: (1) The price of lots in the cheapest section of the cemetery remain at $50 per lot (2) That number of lots be lessened in this area and price raised to $75 per lot for some (3) That lots currently selling in lawn portion for $100 be raised to $125 each (4) That lots in portion where there are standing tombstones and on portions where they may be erected be raised from $125 to $175 each; effective date being May I, 1970 Haines'motion that the above lis.ted recommendations be approved was seconded by Bailer. On roll call, carried unanimously. It was moved by Haines that the price on opening and closing of crypts be raised to $65 for each operation; that the prices on niches be raised in all except the upper bracket $10 per category; making the new price scale $75, $85, $95, $110 and $250; and that the cemetery levy a cost of 10 percent of cost of new monuments placed in the cemetery--the total proceeds to be placed in- the Cemetery Trust Fund for perpetual care. The motion was seconded by Bailer. On roll call, carried unanimously. It was moved by Haines that the City Council rescind the recent resolution regarding operation of Jackson County Housing Authority in Ashland. The motion was seconded by Bailer. Haines indicated that this action has the concurrence of Mr. Ralph Eaton and a revised resolution will be submitted to the Council from the Development Commission shortly. On roll call, carried unanimoQsly. Committee report continued following 8 p.m. public hearing. SPECIAL AGENDA ITEMS: Unfinished Business: 1. 8 P.M. PUBLIC HEARING: First $treet traffic flow - City Administrator Boshears gave a brief background on the matter and indicated that it had been under study by the Streets & Traffic Committee. Public Works Director Alsing presented maps of the subject street. There was consi~erable discussion regarding the proposed two-way traffic pattern, Mr. Bill Wright, property owner on First Street, sUJgested that the traffic pattern be reversed from its present course and that parking be allowed on the downhill side. Chief of Police Hays recommended that parking be allowed on one side, with two-way traffic permitted. He expressed concern that drivers' Council Minutes -3- April 7, 1970 .are currently driving through the Elks parking lot and running over the islands in route to the post office. Mr. Robert Keeney, architect for proposed Crater National Bank, indicated he would like to have ,a two-way street on First. However, if it must be one way, he would prefer that it run from north to south (from C to Main Street). Mr. Robert Voris suggested developing eight parking spots rather than three, with two-way traffic. Following considerable discussion, it was moved by Roberts, seconded by Haines that the matter of First Street traffic flow and parking be referred back to the Streets i& Traffic Committee for recommendation to the Council. On roll call, carried unanimously. b. Public Service Committee - (Continued) It was moved by Haines, that a committee be formed to study and write a hou$ing code for the City of Ashland. The motion was seconded by Willstatter. Haines pointed out that the City has a building code that protects people, but does not have a housing code that protects renters and lessors. There was some discussion at thiis point regarding whether or not a housing code would be effective after Jackson County Housing Authority is in operation in Ash,land. Development Coordinator Soderberg pointed out that the Housing Authority is required to conform with all housing codes whenever they are adopted. Mr. McDaniels, 277 Almond must .eetFHA standards. necessary. Following more discussion, on ro,ll call on motion that a committee be formed to study and write a housing code for Ashland, carried unanimously. Street" asked if the Housing Authority It was indicated that it was not Haines asked if a committee had been appminted to review the building code as proposed at the last Council meeting. The Mayor indicated that he has not yet co~pleted his list of appointments and will do so soon. Haines indicated that the Public Service Committee recommended that the matter of the City purchasing additional water rights to Ashland Creek be referred to the Finance & Property Committee for study. This was referred by the Mayor. It was moved by Haines that the City Council, effective immediately, freeze City employment except fOT Police and Fire Departments. He explained that positions that' would become vacant if the motion were to pass, would not automatically be filled by the administration, but would require authorization by the Council. He pointed out that quite a few:cities have adopted this policy and; since the City of Ashland is experiencing budgetary problems, this approach would be appropriate at this tim~. /--., Council Minutes -4- April 7, 1970 Considerable discussion followed. indicated that this approach wou~d cutbacks were instituted; it would of the various City departments. Mr. Jim Busch indicated that he felt Maines' suggestion was merely a hands-tying mechanism for City staff and was completely unnecessary. City Administrator Boshears not be effective unless only be crippling the operation Following more discussion, Mr. Sid Ainsworth pointed out that this motion discourages the proper functions of the City Council-- that of setting policies, not hiring and firing of personnel. It will tend to discourage qualified people from serving on the Council in the future. Mr. Ainsworth also questioned Haines' motive in making this motion, su~gesting that he had some plan in mind regarding changing City government. Public Works Director Alsing pointed out that the Street Department is currently short two people and is anticipating a third vacancy. It would be impossible to begin the paving season with such a limited crew. Roberts pointed out that he felt the motion was unnecessary and the proposed budget does not necessitate such action by Council. City Attorney Skerry suggested t~at the Council discuss the matter with the City Administrator before making any decision, since this is a personnel problem. Following several comments from the audience, City Administrator Boshears suggested a meeting with Council and Finance Director Nelson and himself to discuss the current budget status, as we~l as next year's fiscal situation. He pointed out that the staff has been maintaining tight control on the budget and does not anticipate any drastic cutbacks for the coming fiscal year. Haines indicated he was amazed to find the City in such good financial status and would be willing to reconsider the motion provided t~ere was assurance that the City's fiscal situation is such. Following considerable discussion, the Mayor declared Haines' motion dead for lack of a second. It was moved by Haines, seconded by Jones that the City of dismiss from its employment immediately Gary L. Boshears. McKeen declared the motion out of order, pointing out that is not the business of the Public Service Committee. Ashland Mayor this City Administrator Boshears made the following comments in response to Haines' motion: "I find it interesting that several items are being reported out of the Public Service Committee that have not heen d:i,Scussedwith staff..- It~i.s~m.01:JllaI ip tlitybusiness to discuss personnel matters at least with the people involved prior to any such action. I would think that the very least in common courtesy, if not in proper procedure, would be to allow the 'accused' to know what the problem is. It seems to me that something has been going on for some time here. We have had study sessions where specific questions were asked as to what the problems were. The staff did not receive answers. I would like to know what the problem is. I dO not fear a public hearing. This is rather serious." , ' Council Minutes -5- April 7, 1970 Haines indicated that the committee had requested that the Mayor meet with them many times ~nd he has not. Following considerable discussion, the Mayor suggested that Council proceed to the next agenaa item. c. Streets & Traffic Committee - Chairman Willstatter reported that the Mountain Avenue widenin$ matter was discussed by the committee at some length and it was agreed to accept the project in concept; however, the committee was somewhat disturbed about the lack of traffic control. Staff indicated that the State Highway Department is reviewing that matter currently. It was moved by Willstatter, sec~nded by Dodge that the Mountain Avenue widening project be accepted as discussed, except that the college take care of the traffic control problem. The committee also requested redrafting of paragraph 4 of the subject contract. On roll call, carried unanimously. It was suggested by Wills tatter that the people of Oak Court Subdivision be adYised of the outcome of the petition and that no further action be taken regarding paving at this time. The Mayor directed staff to take care of this matter. Wills ta tter reported tha tthe cOlllll1i t tee reviewed rendering of landscaping of Lithia Park, Phase II, Project. The Park Commission does have funds available to car~y out the project and the committee recommends approval of the propo$ed plans. It was moved by Willstatter, seconded by Haines that the proposed plans be approved. On roll call, carried unanimously. ' In regard to the Lithia Park, Phase II, Project, the committee discussed possible changes in sp~cifications on sidewalks. Previously, an exception was made to haveexRosed aggregate. The committee felt this was a safety hazard and recommended further study and investigation into the matter. Both the City Administrator and Public Works Director pointed out that they have investigated the matter and have found no reference to possible safety hazard of exposed aggregate being used. Following considerable discussion, it was sugge$ted that staff contact the National Safety Council, U.B.C. or F.H.A. for recommendations. COMMUNICATIONS: 1. Peti tion reques ting vacation of Union Street between Auburn and Iowa Streets - City Administ~ator Boshears pointed out that the petition stated that this partiCUlar section of Union Street causes traffic problems and is h~zardous to the residents and co~unity at large. The petition bears 22 signatures of residents in the general area. 2. Petition for curb, gutter and paving of Augurn Street between Gresham and Iowa Streets - City ~dministrator Boshears pointed out that less than 50 percent repre'sertation has signed the petition; however, the Council may wish to lorder in curb, gutter and paving in conjunction with the vacation lof the subject section of Union Street (Item II). , ' -~ Council Minutes -6- April 7, 1970 Mr. R. W. Voris indicated that he was under the impression that Auburn Street was vacated s~veral year. ago. Public Works Director Alsing indicated that it is $till on the County tax rolls; however, staff will i~vestigate the matter further. Action of Items 1 and 2 was defetred pending study by staff. 3. City Administrator Boshears read letter from Mr. R. A. Bourne, 935 Mary Jane Avenue, requesting:permission to allow an existing fence to remain on City street right-of-way. The fence is along his driveway perpendicular to Mary Jane Avenue and extends approxi- mately 12 feet into the City rig~t-of-way. Mr. R. A. Bourne was present and indicated the fence was erected with permission of his neighbor. He pointed out that he has observed many retaining walls throughout the City which are also constructed on City property and feels that lis fence should be al!owed to stay. It was moved by Roberts, seconded by Haines that the matter be referred to the Streets & Traffi<l: Committee for study and recom- mendation. On roll call, carried unanimously. City Administrator Boshears indi<i:ated a letter had been received from the secretary of the Ashlan4 Board of Realtors expressing oppositton to the operation of the Jackson County Housing Authority in the City of Ashland. He reported that a letter had be~n received from the League of Women Voters expressing concern over slow progress of elimination of substandard housing in Ashland and showing support for operation of Jackson County Housing Authority in Ashland. No Council action taken. 5. Ashland Development Commission Minutes of March 6, 1970 and Ashland Development Commissiqn Report - Coordinator Soderberg reported that the Standard Oil Cqmpany matter was taken into consideration by the Development Commission at its last meeting. Administrators of the property a~e in the process of drawing up a lease (60-day notice to terminate) to make it available to the public. He reported that action was taken by the Development Commission in favor of commission attemptin~ to raise $6,000 for improvement of Pliza island, with walkway, etc. The proposal included an 8-foot island cutback to make way for t~affic and parking. Each commissioner will be attempting to raise the needed money and some City crew work will be necessary in the near fu1ure for this project. Reviews of Phase II Project draw~ngs have been completed by EDA, OSFA, State Fire Marshal and Building Department. Drawings are being revised accordingly. They will call for bids as soon as possible. Architects are revising their reqommendation for final payment for Phase I, (Payment *16). The recommendation will be brought to Development Commission and CoUncil as soon as possible. ,""" Council Minutes -7- April 7, 1970 Coordinator Soderberg reported t~at the Lithia Park Extension Project has been reviewed by thr$e Councilmen and he offered his assistance'in review of the ~roject to any other Councilmen interested in the project. Brief discussion followed. Haines asked City staff about comtents of a letter received from EDA regarding the possibility of withholding of federai funds to complete the theatre project. City Administrator Boshears indicated that the subject letter was received last week and was given to the Mayor and membets of the Finance & Property Com- mittee. The letter was preceded by a phone call from EDA officials aski:!llpdlat the City's intentions were on the companion proj ect (Lithia Park Extension). City A~ministrator Boshears pointed out that some EDA officials were in Ashland for the theatre dedication and perhaps heard that there was. some possibility that the Lithia Park Project would not be completed. The letter was merely asking for information as to the City's intentions in this regard. Haines indicated that he felt the letter sounded like a threat. Considerable disoussion followed; City Administrator Boshears suggested a study session to dis~uss the continuation of the Plaza Project. Date scheduled for study session was Wednesday, April 8, 1970, at 7:30 p.m. SPECIAL AGENDA ITEMS: (continued) Utfinished Business: 2. Award of bids - guniting of irrigation ditch - City Administrator Boshears indicated that one bid had been received from Con~rete Steel in the amount of $3,180. Public Works Director Alsing recommended approval. It was moved by Haines, seconded by Bailer that bid be awarded to Concrete Steel in the amount of $3,180. On roll call, carried unanimously. COMMUNICATIONS: (continued) 5. It was moved by Bailer, seconded by Jones that the Ashland Development Commission minutes o~ March 6, 1970, be accepted. Haines questioned the action takfln by the Development Commission in sending a letter to the Oregon State Highway Department recom- mending a raised island developm~nt, landscaped with room for lighting standards, which would permit left hand turns to commercial areas other than at the overpass. It was indicated in the minutes that staff would prepare a propoj;al to be offered in map form, which would be sent to the Highway Dep~rtment. Bailer pointed out that there llIay be a safety hazard involved in the raised island and the State Highway Department mentioned this hazard previously. He pointed out that he would hate tp jeopardize the Highway 66 overpass project because of the raised is~ands. The Mayor reported that, at the last RVCG meeting, it was inpicated that overpass plans had been drawn, finalized and approved and no changes were anticipated. On roll call on Bailer's motion to accept minutes, carried 5-1, with Haines dissenting. ~~ Council Minutes -8- April 7, 1970 New & Miscellaneous Business: 1. Adopt specifications and call for bids for liability insurance - Item deferred until next regular meeting Z. City Recorder Bartelt presented a new liquor application for Deb's Restaurant--application made by Oak Knoll Corporation. It was pointed out that Deb's Reata~rant WOQld be changed to Oak Tree. The Police Department recommended approval of application. It was moved by Roberts, seconded by Bailer that the application be granted. On roll call, carri.d unanimously. Staff was instructed to investigate matter of big trucks parking in entrance way of Deb's Restaurant and Knights' Inn. Ordinances, Resolutions & Conttacts: 1. City Attorney Skerry read or~inance setting public hearing for April 21, 1970, at 8 p.m., f@r curb, gutter and paving of Elms Street from Leonard to Palmer Road. It was moved by Haines, seconded by Roberts that the rul~s be suspended and ordinance passed to second reading by titl~ only. Mr. R. W. Voris suggested that all new paving be accompani~d with storm sewers. Public Works Director Alsing indicated that t~is had been done for years; however, funas are no longer ayailable to accomplish this. He pointed out that both streets in question to~ight are short streets and probably would not have storm sewers constructed if funds were available. On roll call, carried unanimouslt. Following second reading by title only, it was moved by Haines, seconded by Dodge that Ordinance No. 1647 be adopted. On roll call, carried unanimously. 2. City Attorney Skerry read ordinance setting public hearing for April 21, 1970, at 8:15 p.m., for curb, gutter and paving of Verda Street between Linda Street and Plaza Street. It was moved by Roberts, seconded by Willstatter that the rules be suspended and ordinance passed to second reading by title only. Mr. Voris again expressed the need for storm sewers. On roll call, carried unanimously. Following second reading by title only, it was moved by Haines, seconded by Willstatter that Ordinance No. 1648 be adopted. On roll call, carried unanimously. 3. City Attorney Skerry read ordinance authorizing the issuance of City improvement bonds in the matter of paving City streets in what has been d~signated as Street Improvement District #35. Mr. Skerry also commended City Recorder Bartelt for his excellent work involved in receipt of bancroft payments. It was moved by Bailer, 'seconded by Wills tatter that the rules be suspended and ordinance passed to second readipg by title only. On roll call, carried unanimously. Following second reading by title only, it was moved by Haines, seconded by Dodge that Ordinance No. 1649 be adopted. Oh roll call, carried unanimously. 4. City Administrator reviewed proposed changes to ordinance amending Ordinance No. 1588, which ordinapce known as the Sign Ordinance, regulates signs. Following second reading, it was moved by /"^', Council Minutes -9- April 7, 1970 Haines, seconded by Willstatter that Ordinance No. 1650 be adopted. On roll call, carried unanimously. 5. City Administrator Boshears ,read resolution transferring appropriations within funds. T>>e appropriations included transferring U88 from Electric Department Hne construction to street lights; $775 from Municipal Court perso~al services to office expense; $6,177 Equipment Fund operating contingency to capital outlay. It was moved by Haines, secondeq by Bailer that the rules be suspended and resolution passed to second reading by title only. On roll call, carried unanimous~y. Following second reading by title only, it was moved by Haines, seconded by Bailer that the reselution be adoptcfd. On rollcall, carried unanimous ly. 6. City Attorney Skerry read resolution acknowledging the excellent work and continued efforts of tqe Charter Revision Committee in presenting the revised charter. It was moved by Haines, seconded by Roberts that the resolution be ~assed to second reading by title only. On roll call, carried unanimously. 7. City Attorney Skerry gave same background information on the release and resolution regardin~ City of Ashland versus Beall Pipe and Tank Corporation. He ~eviewed the settlement at some length with the Finance & Property Committee previously and indicated that he and William Deatherage,attorneys representing the City on the matter, recommended settlemeint be made in amount of $40,000. He then read resolution authoriziing Mayor and City Recorder to execute on behalf of the City of Ashland a release on all agreements against the Beall Pipe and Tank !Corporation in accordance with release. It was moved by Haines!, seconded by Roberts that rules be suspended and resolution passed to second reading by title only. On roll call, carried unanimouslf. Following second reading by title only, it was moved by Hainies, seconded by Dodge that the reselution be adopted. On roll call, carried unahimously. There being no further business, the meeting was adjourned subject to the call of the Mayor. Ci~~r~ lcr