City Administrator's Contract Issue
Legally I do not believe Mr. Malin has done anything wrong. This whole issue relates to the interpretation of contract language. With city administrator contracts, it is important to note, the difference between merit based increases to base salary and cost of living adjustments (COLA).
COLA is not specifically addressed in this contract. Therefore, often times, it is considered a Benefit in contracts of this nature and is routinely implemented, just as other benefits are implemented (dental, health care, etc.). Merit based increases are to come before the council, rightfully so, on a regular basis in conjunction with performance reviews.
In his contract, Benefits are clearly articulated: he is entitled to these and authorized to give these Benefits, just as he would to department heads. This is what he has done in this situation. This is, historically, what has happened in the City of Davenport.
Differing opinions are viewed as contract language disputes and will need to be resolved through available remedies.
As an elected official, I am charged with the responsibility of doing what is in the best interests of our city. A vote for "breach of contract", in my opinion, is not in our overall best interests given the circumstances that have been laid out before us.
That said: this issue could have been addressed easily and professionally. Some
of the council members knowingly and purposefully disgraced a public
servant in a blatant power move.
It is my hope that the council will operate in a less dysfunctional manner in the future.
posted by Ian Frink @ 8:15 PM
33 comments
33 Comments:
You mean "less dysfunctional" like when a public official walks out of a council meeting with the publics business of the agenda!
You are an embarrassment!
You are history, buddy!
Ian:
How come no one is calline Lynn, Ambrose, and Meyer to task for their derelict oversight? After their years on the council, this is the first time the COLA increases have been apparent to them? This is just proof positive that Hammerlink, Meyer, Lynn, Ambrose, and VanFossen are asleep at the wheel.
I am ashamed to be a resident of Davenport.
Ald. Frink is a well thought out professional who brings new hope to me as a life long citizen of Davenport. Hope for a more progressive approach toward business, fair and foward thinking. We need more elected officials like Ian!
Keep in mind it was Alderman Meyer, and only him BTW that wanted a public discussion about the contract at today's open session. If that had occurred some actual education would have taken place about the contract and all our understanding of this issue. But instead Mr. Malin brought forth his attorney a few days ago who raised the stakes before our elected officials could do their jobs. Mr. Malin is to blame for turning this into a litigious matter. Alderman Meyer is not asleep at the wheel. Watch any council meeting and he asks questions, requests clarifications and wants to discuss, only to receive stonewalling responses from staff, most of all from Craig Malin. Go through enough council meeting tapes and I bet real money he asked Malin, Guard, Dolan and their predessesors about COLAS.
Annon. 11:39
Ald. Van Fossen voted "no" to going behind closed doors too! The QC Times reported only Meyers did...They got it wrong.
Did the City Clerk get it wrong too? Her minutes on the city website say: On motion by Ald. Van Fossen, seconded by Ald. Lynn, will all aldermen present voting aye, except Ald. Meyer voting nay, the Council recessed to Executive Session at 8:32 a.m. to discuss strategy with counsel in matters involving litigation pursuant to Iowa Code Section 21.5(1)(c).
Ian will you followup on the minutes from yesterdays open meeting and see if a correction is called for?
Watch the video provided by the QC Times Multi-media...number VI of yesterday's meeting and listen for your self! The city clerk said 8-2! Van Fossen and Meyer NO!
So yes, the minutes, or your reading of them are wrong! Here's the link. http://www.qctimes.com/multimedia/
Van Fossen is Meyer's puppet!!
Ian:
YOu need to look into our legal department. Either they gave you advice you blatantly didn't follow or you didn't trust the advice. If you think the city lawyers are wrong, then perhaps they should be replaced. I have seen them be wrong on many occasions. Heyer cost this city tons by not following due process on a recent case, Thee interprets caselaw incorrectly to the unknowledgeable council. YOu should do something.
Gee 8:50 you got up on the wrong side of the bed! I can't do the streaming thing so don't scream at me to go there like I'm a no-brain lazy idiot. I'm sure Alderman Frink would like the public record to be accurate. Better him than me to do this as that is his job. He's shown his willingness to look into these kind of things. BTW my reading of the minutes was just fine. My comprehension is right on too, as I detect a discrepancy here, and one that appears to be important to a number of people AND it concerns public record.
I was there and VanFossen did vote no along with Meyer. The QCTimes is far from perfect on that kind of thing, but I would think that the minutes of the meeting should be right...
QCI is right, 8-2 was the vote count for going into closed session. Thanks for the posts.
The minutes should be but they aren't. 9:15 PM
VanFossen is nobody's puppet...but that is a funny post.
Shine some light on this situation City Council.
I'll look into the minutes, I just sent an email to the clerk. I'll be sure they are correct on Monday - thanks.
What about my question about the legal deparmtent. There are issues in that deparmtent that place us at risk.
Look into the history of lawsuits and so forth.
Clerk just sent an email; the minutes will be corrected today. The vote was, in fact, 8-2 (Meyer, VanFossen - nay).
--
As for legal, and other city departments for that matter, the council will need to keep tabs on operations to make sure we are looking out for the best interests of the community.
Alderan Frink, if the city administrator's contract mess really boils down to interpreting the contract then there has to be a council action approving his receipt of the cola. Please show it to us and put this to rest. If there is no council action approving his receipt of colas then quit defending the guy. I find it interesting that he himself has said on at least two occasions that he doesn't get them and then all of a sudden started getting them. That tells me that either there's a council action or he helped himself to something he wasn't entitled to at the taxpayerrs' expense.
The council should be very worried about our legal department - thye are not good at all. Liabilities all of them. Fire them all. Get some good attorneys to represent us.
Wow, what a lot of energy wasted that could have made life in the city a bit better for someone.
Mr. Frink once you start telling people you don't have time for your council duties because you are too busy with your job and your family so you rely on other aldermen's opinions it's time to give it up. You do not represent those of us that voted for you. Your post was clearly written using Charlie Brooke's legal interpretation since you don't understand half of what was written there. Anyone that confuses salaries and benefits is not too bright.
To Anon. 10:13,
I appreciate your comments, thanks for the post.
I am doing my best to manage my time and fulfill my duties as alderman. I have followed up on emails, posts on this blog, returned phone calls, hosted ward meetings, and attended as many ward/neighborhood watch meetings as possible - including two last night (3rd Ward and 8th Ward).
In addition to this - I have made every effort to serve and fulfill my obligations on my appointed duties with: River Center Task Force, QC Garage Policy Group, Bi-State Regional Commission, the Greater Davenport Redevelopment Corporation, and my council committee positions - all of which meet regularly as well (in addition to city council).
As for COLA, it often times is defined as a benefit. This is clearly articulated in many journals and is regarded as such in professional circles as well.
If you wish to discuss any issues with me in person, I will accommodate a meeting or am available at my Open/City meeting on the 29th.
Thanks, Ian
Ive watched the council meetings on tv and have come to a few conclusions. First is that Meyer might be retarded, I think he should get checked out. He might just be slow I dont know. I think Brook is the man, educated and knows whats going on. I just think people dont like him because he's smarter than alot of the people in this town. I also believe that Susy Bell needs to stay at home because Im sick of hearing her ramblings. She makes no sence. Same goes for the other lady that has a studder, you all know who Im talking about. Lastly, why do so many people think they know how to run this city, why didnt they run for office then. They put so much time and effort in to going to the meetings, just run for office then!
Ian, I've been hearing about alot of problems concerning the fire department. Seems they have not been doing a good job with the housing and enviromental. (Channel 8 on your side) Could you ask the Mark to fill us in on the number of enviromentals requests he receives each day and when is the inspection going to start. Last time Ald. Meyer asked, Frese said the first of Sept. I don't think its happening.
Good point, My neighbors yard looks terrible. I called the city about a month ago and nothing has been done. What gives? Are they too busy with complaints or just don't care? I didn't have a problem like this before the inspectors were fired. One of the girls at card party said she saw a fire truck idling in her alley and four firemen walking along the truck writing on a tablet. Then the truck made three trips around the same block. Is this the cities way of filling in for the lack of inspectors in the fire dept? Someone is going to need help and they will be too busy with other duties to be there. Please take another look at what the priorities for the firemen are before others and myself need them the most. Thank you for all that you do.
To Anon. 11:28 and 6:49,
Thanks for the posts. I'll ask for an update soon. I might invite DFD to the my next ward meeting as well.
Side note, the tracking/action center form is now on-line at:
https://www.cityofdavenportiowa.com/egov/apps/action/center.exe
It is my hope this new tool helps make the process more efficient. Thanks.
Sorry about the link, doesn't seem to paste well.
You can reach it by going to:
www.cityofdavenportiowa.com
Click
"Action Center" in the Left Nav. area
Ald. Frink, You avoided the question she was asking about the fire department. Is the fire department making scheduled inspections or just reacting to complaints. Are they qualifed to make these inspections and do they have the time for these inspections. If they are out doing enviromentals, will this affect their response time. We want to here it from you not the fire cheif. Try calling the NEO on a Friday afternoon and see if anyone answers. Remember, these questions will be there come next November and you will not be able to say that you were not aware of the problems. Trust me.
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