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Joyce Clark Unfiltered

For "the rest of the story"

When the announcement first hit the pavement regarding the resignation of former City Manager Brenda Fischer of Glendale, her prepared statement included the phrase, “she has accomplished all of her goals at the city.”

After an extensive online search no publicly stated goals could be found. Her biography on Glendale’s website (her bio is no longer available and has been replaced with Interim City Manager Dick Bowers’ bio) offered the following: “during her tenure Fisher implemented a five-year budget forecast and presented short-term budget solutions or reductions in service to the community; she reorganized the city’s structure and operations leading to a streamlined organization that has increased productivity, efficiency without layoffs and created future cost savings.” In a February 12, 2015 story written by Eric Toll of the Phoenix Business Journal Fischer is quoted as saying, “We have a totally different management staff, a young council, and a community beginning to trust the city’s performance.” She pointed out that Moody’s and Standard & Poor’s had rated the city’s finances as stable. She said the city organization was healthier and doing good things.

Before checking Ms. Fischer’s “Pinocchio rating” (every time he told a lie, his nose grew), some Glendale sports debt in a historical context is in order.

Glendale’s hockey arena known as the Gila River Arena opened in December, 2003. A little known fact is that until Jerry Moyes declared the Phoenix Coyotes bankrupt in 2009 Glendale had collected enough money every year to pay for the arena except for the period of the NHL lockout in 2005-06. From December, 2003 through June, 2010, when the NHL took over management of the arena, the city had received $22,803,757.54. The city never paid a management fee through 2009. Everything changed with the Moyes’ bankruptcy and begins the era of the city’s having to pay a management fee. To keep the Coyotes in Glendale and the arena open, Glendale paid the NHL $25 million dollars as a management fee in 2010 and 2011 while a new Coyotes owner was secured. Those funds came primarily from two sources, the city’s contingency fund and enterprise funds. The city’s contingency fund was depleted dramatically and reached a low of approximately $11 million dollars. Instead of receiving revenue from the arena as in years past, now the city was paying a management fee: $25 million a year to the NHL and $15 million a year to IceArizona. The original debt for the arena was $180 million dollars but over the years additional debt such as for infrastructure has made that figure greater. The current annual debt payment for the arena is approximately $13 million dollars a year meaning that each and every year the city must outlay $28 million dollars (debt plus management fee) just to keep the doors of the arena open.

Camelback Ranch, the city owned spring training facility cost $152 million to build. It opened in February, 2009. The original deal called for the Arizona Sports and Tourism Authority (AZSTA) to replay the city for 66.7% of the cost not to exceed $90 million dollars. Many issues unrelated to Glendale have put into question whether the city will ever be repaid by AZSTA and when. In 2014, the original loan that Glendale took out as a reserve to pay the baseball construction debt is used up and in 2018 the city will be making debt payments of $15.2 million annually. When Glendale pays off its sports construction debt for hockey and baseball it will have paid out about $849 million dollars.

Brenda Fischer came on board in July of 2013, the same month that the city council approved the annual management agreement with IceArizona for $15 million dollars. Under her watch two short-term solutions she implemented were: making the temporary sales tax increase permanent and refinancing the city’s bond debt. Fischer’s solutions in partially dealing with Glendale’s tremendous debt were not new or innovative.

The temporary sales tax increase was set to expire in 2017 because council believed that with the implementation of further cost saving solutions over the original five year period it could be sunset at that time.  Fischer’s solution was to make the tax increase permanent. It was making the temporary sales tax permanent that caused Moody’s and Standard and Poor’s to rate Glendale’s finances as stable and to remove its negative rating. Moody’s said the improved rating was tied to a Glendale City Council decision in June of 2014 to make a 0.7% sales tax increase permanent. Keep in mind that while the city’s bonds related to its General Fund debt had been downgraded, Moody’s continued to reaffirm an A1 rating for Glendale’s water and sewer revenue bonds.

Refinancing the city’s bond debt was not a new, innovative solution either. Not just Glendale but many cities make it a habit and practice to refinance their debt when market conditions are favorable. Prior to Fischer’s coming on board Glendale had refinanced its debt in February, 2012. Every time the city refinances debt, it saves money in terms of future debt payments because the interest rate is usually lowered. Anyone who had been City Manager during the past 17 months would have implemented the very same solutions. These are steps that would have been taken with or without Brenda Fischer. What about the city’s Finance Director, Tom Duensing? He deserves the lion’s share of the credit (or blame) for making the sales tax permanent and using the historical tool of refinancing the debt.

Another accolade that Fischer claims is the use of the five-year budget forecast. The city council in previous years before Fischer’s appearance had rejected the notion of a five-year budget forecast as being highly unreliable. City staff had acknowledged that the only relatively certain information to be obtained would be for the following one year — not another four years out. We know how well long range financial forecasting works — not one financial “expert”, national, regional or local, had the Great Recession on the radar screen.

Fischer also claims to have reestablished trust in Glendale government. Her bio stated, “she reorganized the city’s structure and operations leading to a streamlined organization that has increased productivity, efficiency and created future cost savings.”  Yet employee trust was further eroded when she named Julie Frisoni as an Assistant City Manager or when she allowed certain employees to leave and to be rehired at a higher pay.  Citizen trust was seriously eroded recently with the proposal to sell the Foothills Library and to relocate its remnants to the Foothills Recreation Center. City council lost trust in her when she requested the emails of three councilmembers (her bosses) that she apparently believed were against her.

Fischer claimed a lot but anyone would as a face saving tactic. Don’t forget, she’s still got Frisoni who nominated her for the Phoenix Business Journal’s Businesswoman of the Year Award and who is busy issuing glowing statements about Fischer’s accomplishments to the media. They ignore Frisoni’s press releases at their peril for they could be frozen out of obtaining any information from Glendale on any issue.

Fischer is receiving $152,000 or 9 months pay as the council’s parting gift. Many people are upset about the largesse she is receiving. Holding my nose, I support council’s decision. If they would not fire her then their only option was her resignation and it was going to cost them to obtain it. Don’t forget…there were 3 councilmembers in her corner: Sherwood, Chavira and Aldama.

What is Fischer’s “Pinocchio rating?” I will leave that for your decision. It will be interesting tothG5SHRA7E see, on a scale of 1 to 5, with 5 being the most falsehood or exaggeration, what you think.

© Joyce Clark, 2015

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This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

For those of you who are interested in saving the Foothills Library from sale and relocation the Save the Library group created an online petition. Please go to this link and take a minute to sign online:

http://www.ipetitions.com/petition/save-the-glendale-foothills-library-maricopa

Please pass this link on to your friends, neighbors, anyone you can think of who might be willing to sign. All of your family members can sign. You don’t have to be registered to vote to sign this petition. If several thousand signatures are received it will make a tremendous impression on the Glendale City Council and its decision making.

There’s certainly been a lot of news concerning Glendale this week:

  • On February 20, 2015 the group led by Anna Lee filed the necessary paperwork once again to recall Councilmember Gary Sherwood of the Sahuaro district. The group’s first effort was denied by the city on various grounds. Consider their first effort a life’s lesson. They now know exactly what eyes to dot and tees to cross. Expect them to gather the necessary signatures to compel the city to call for a Sherwood recall election. If you would like to sign the petition (must live in the Sahuaro district)  and/or help gather signatures please call 602-657-0303 and your call will be returned.
  • The city council accepted former City Manager Brenda Fischer’s resignation effective April 3, 2015. Her request of the emails of only 3 councilmembers may have been the last straw for council.
  • The city council appointed former Scottsdale City Manager Dick Bowers as Glendale’s Interim City Manager. Mr. Bowers has filled this position before during the last search by council for a city manager. One of his first decisions was to retain the services of Jon Froke as the city’s Planning Director.
  • Mayor Jerry Weiers, on Friday, February 20, 2015 issued the following statement regarding the proposal to sell Foothills Library and relocate it to the Foothills Recreation and Aquatic Center:

“Over the past few weeks, the citizens of Glendale have voiced their opinion regarding the proposed relocation of the Foothills Branch Library. Their voice has been almost entirely united in opposition to the proposal. While I share their concerns and am personally opposed to the proposal, I await the recommendation of the Library Advisory Board, the Parks and Recreation Commission, and the Arts Commission. “I am glad that Glendale residents have taken such an active role on this issue. Ever since it was announced, I urged staff to seek the input of the public to ensure that our citizens were incluced an any propoal to alter the library. It is my sincere hope that Glendale residents will continue to actively participate in this and other important issues facing our great city. “I also thank Midwestern University for their long-term support of the Glendale community. In addition to producint hundreds of doctors, pharmacits, physician assistand, and many other types of medical professionals every year, Midwestern opens their campus to the community through clinics and other wonderful events. Our City is a better place because they are here.”             

  • Tony Tavares, the former president of Disney Enterprises and the Anaheim Ducks, will conduct an audit of the Arizona Coyotes’ financials for $45,000 (anything over the $50,000 cap would require council approval). The audit was supposed to have begun by the end of September. It has been delayed because IceArizona has taken over 5 months to perform its own audit and still is not finished. With this audit the city will be able to examine revenue sources related to the Coyotes and Gila River Arena. Tavares was involved with Jerry Reinsdorf, owner of the Chicago White Sox in a failed 2011 attempt to buy the Coyotes…hmmm.
  • In the Glendale Republic of February 21, 2015, under the title of West Valley Sound Off, elected officials were asked their thoughts on SB 1435 which would gut Arizona Open Meeting law. Mayor Kenn Weise of Avondale expressed opposition as did Councilman Roy Delgado of El Mirage and Councilman Jamie Aldama of Glendale. Not so with Councilman Gary Sherwood. Still smarting from an ongoing Attorney General’s Office into allegations of violation of the Open Meeting Law, he said, “I do believe that reform is needed to allow for additional dialogue amongst the council” and “On Glendale’s seven-member counci, it is difficult to speak to three other members without violating the law.” Well, if anyone should know, he should.
  • Each of the three citizen commissions who heard the presentations on selling the Foothills Library last week will be meeting again this coming week. Citizens are welcome to attend as they are public meetings BUT it will NOT be an opportunity for citizen comment but rather an opportunity for the commission members to have their questions answered by staff and then to decide on an advisory recommendation to the city council. The meeting dates are as follows:
  • Glendale Arts Commission at the Foothills Recreation Center on Monday, February 23, 2015, 6 PM
  • Library Advisory Board at the Foothills Library on Wednesday, February 25, 2015, 6 PM
  • Parks & Recreation Advisory Commission at the Adult Center on Thursday, February 26, 2015, 6 PM

© Joyce Clark, 2015 FAIR USE NOTICE This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

Please note: I just received confirmation a few minutes ago that Jon Froke will not be resigning and will remain the city’s Planning Director. Thanks to Interim City Manager Dick Bowers for reviewing this situation and reversing the former City Manager Fischer’s decision.

Why is Planning Director Jon Froke resigning suddenly under mysterious circumstances? Here are the circumstances known to date. First, be advised this is not about Ms. Barbara Lentz. She is an unwitting participant and it could have happened to anyone. She is in no way to be considered as having done anything wrong.

On October 28, 2014 Ms. Lentz was appointed to the General Plan Steering Committee representing the Sahuaro district (Councilmember Gary Sherwood’s district) by the city council. Typically if an appointee is present that evening that person takes the Loyalty Oath at the council meeting. When an appointee is not present the Loyalty Oath is taken at the first meeting of the committee to which the person has been appointed. Apparently Ms. Lentz was not present that evening. On December 3, 2014 Ms. Lentz attended her first General Plan Steering Committee meeting and took the Loyalty Oath at that time. A regular meeting of the Planning and Zoning Commission was held on January 8, 2015. In the minutes of that meeting roll call identifies the following commissioners as present: Johnston, Hirsch, Lenox, Berryhill and Lentz. Ms. Lentz voted as a Planning Commissioner that evening. Without Lentz there would have been no quorum of the commission and the meeting would not have been held.

Now the mystery begins. How did Ms. Lentz sit as a Planning and Zoning Commissioner that evening? A review of council minutes for the two months preceding her sitting as a Planning Commissioner shows that city council did not appoint her to that position. How did she get there? City council minutes confirm her appointment as a General Plan Steering Committee member, not as a member of the Planning Commission.

There were three items on the Planning Commission’s agenda of January 8, 2015. One item, a Conditional Use Permit passed on a 3-2 vote with Ms. Lentz’ voting in the majority. The other two agenda items were passed unanimously by the 4 regularly seated Planning Commissioners.

Mr. Froke was not in attendance at the January 8, 2015 meeting. That is not unusual. If it were an agenda item of major significance or one that may be considered complex or contentious he would have been there. The items on that night’s agenda fit none of those criteria. In his stead Ms. Tabitha Perry of the Planning Department and Liaison to the Planning Commission was in attendance. It is also typical to have someone from the City Attorney’s office be in attendance to advise on any legal matters. Ms. Deborah Robberson, Chief Deputy City Attorney was in attendance.

Why didn’t Ms. Robberson and especially Ms. Perry, as the Planning Commission’s Liaison, raise an objection to Ms. Lentz’ seating that evening as a Planning Commissioner? Did they not know that Ms. Lentz had not been appointed a commissioner? If they did not know, why not? Ms. Perry as the Planning Commission’s Liaison is expected to be thoroughly conversant with all areas surrounding the Planning Commission. How could she not be aware that Ms. Lentz was not appointed by city council as a Planning Commissioner?

From here on the information is sketchy. It seems that former City Manager Fischer had an investigation into the whole matter which appears to have resulted in the resignation of Planning Director Jon Froke and the appointment of…you guessed it…Ms. Tabatha Perry as Acting. The very same Tabatha Perry who apparently didn’t have a clue as Liaison for one of her areas of responsibility. The first question that comes to mind is, did Councilmember Sherwood influence or urge former City Manager Fischer to ask for Mr. Froke’s resignation? Sherwood appears to have been quite unhappy with Froke’s performance on some of his pet issues. None of this makes any sense right now. If it was Fischer’s desire that a Director take the fall, shouldn’t Michael Bailey, the City Attorney, have received the same investigative treatment? After all, his designee, Ms. Robberson, was also present at this weird Planning Commission meeting and did nothing.

Jon Froke has been the consummate professional and a loyal employee of the city for many years. He listens…not just to the developers with a project but to the concerns of residents and does his best to balance both points of view. I will be the first to admit that I do not know “the rest of the story.” I would hope that Interim City Manager Dick Bowers would review the entire situation and that his findings would result in a return of Mr. Froke to his position of Director of Planning for the City of Glendale. It appears from the outside looking in, that an injustice has occurred and only Mr. Bowers can resolve it.

© Joyce Clark, 2015

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

Councilmember Gary Sherwood took office representing the Sahuaro district in Glendale in January of 2013. He has served two years of his four year term. In his first six months in office he:

  • He flip flopped on his anti-casino campaign pledge claiming he had learned “new information” from Councilmember Chavira (which neither have ever publicly disclosed) and was the deciding vote on a 4-3 council vote supporting it.
  • He and Councilmember Chavira became very close. Coincidentally Chavira flip flopped on his election pledge of opposing exorbitant arena management deals and was the deciding vote on a 4-3 council vote approving the IceArizona deal.
  • He publicly acknowledged that he independently and privately interviewed Brenda Fischer and then publicly advocated for her hire. To this day he remains squarely in her camp and his latest district E Newsletter praises her tenure.
  • At a meeting I attended several years ago at a local restaurant in north Glendale Sherwood was present. After the meeting some of us were standing out in the parking lot. Sherwood was there and at a one point he bragged about having a “cop card.” I never forgot that. To this day, I don’t know exactly what that is but I assume it’s to be used when pulled over for a moving violation.

The next year and a half haven’t been pretty either:

  • He was the leader of the Becker billboard proposal and voted for it. His recent support for Councilmember Tolmachoff’s request for a Scenic Corridor in north Glendale is no more than a smoke screen that will be used to bring back the Becker billboard proposal. Wait for it…the Becker billboard issue will arise again.
  • He allegedly violated Arizona’s Open Meeting Law. The allegations are still under investigation by the Attorney General’s Office.
  • He purportedly attended citizen Planning and Zoning meetings and was reputed to have made hand signals to some of the commissioners as well as visibly associating himself in front of the P&Z commissioners with various applicants that he supported.
  • He was seen having frequent lunch meetings with City Manager Fischer and assorted senior staff at an out-of-the-way Asian restaurant in Peoria.
  • He apparently has a close working relationship with Assistant City Manager Julie Frisoni as evidenced by Frisoni’s emails on the arena management deal that were sent exclusively to Sherwood and the other 3 Councilmembers supporting the deal.
  • He seems to support the sale of the Foothills Library as evidenced by his lack of notification to his constituency (those most affected by its closing and relocation). In his latest district E Newsletter he announced the library meetings dates after the fact. He could have issued a special E Newsletter announcing the dates prior to their being held…but he didn’t.
  • Purportedly he was heard to remark on more than one occasion that he did more than the mayor.
  • He not only supports light rail in Glendale but continues to advocate for its placement on Glendale Avenue in clear contradiction of the 2001 voter approved transportation plan.

Councilmember Sherwood seemed to fancy himself as the ‘real’ mayor of Glendale. His frequent lunches with Fischer, et.al, apparently were for the purpose of trading information and working together on agenda items that would come before the full council. From all appearances he had created a virtual shadow government. He used Council Items of Special Interest, not for initiatives for the good of his constituency but to denigrate the mayor. He publicly disparaged his constituents’ concerns. His constituents believe that instead of representing their interests he has consistently represented his own.

Events are still in play. Apparently the Attorney General’s Office investigation into alleged Open Meeting Law violations is being actively pursued. The major allegation centers around Sherwood’s secret and private coordination of three other councilmember votes on the IceArizona deal. Of course, Sherwood will deny any wrong doing but the infamous email sent to former Councilmember Manny Martinez with the tag line of “please destroy this email after reading” is pretty damning. It purports to say that he, former Councilmember Yvonne Knaack and Councilmember Chavira are all on board after a private meeting with IceArizona’s attorney Nick Wood during which executive session information was shared.

The first attempt to recall Sherwood as councilmember representing the Sahuaro district failed due to technical errors committed by an inexperienced group of citizens. It was a learning experience for the Sherwood recall committee. One of those learned lessons is that the city will do whatever it can to protect sitting elected officials and that one must be very, very precise in dealing with the city. Expect the Sherwood recall committee to soon, very soon, annouce a new petition signature drive. This time expect success.

Sherwood, in an attempt to aggrandize power, has done much to destroy his viability and credibility as an elected official. Should the Attorney General’s Office investigation lead to a finding of wrong doing and/or the second recall attempt be successful Sherwood could end up being removed from office or at the very least, his effectiveness to accomplish anything will have been severely minimalized. It’s politics at its very worst. It would be sad if it weren’t for the fact that his actions have had real and lasting repercussions for every resident of Glendale.

© Joyce Clark, 2015

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

Today, February 17, 2015 at 12:30 PM the Glendale City Council met and voted immediately to go into Executive Session. They returned from executive session at about 1:45 PM. There were two agenda items: the formal acceptance of City Manager Brenda Fischer’s resignation and appointment of an Interim City Manager.

I am pleased to report that the city council voted unanimously to accept Fischer’s resignation effective April 3, 2015. From February 17, 2015 (today) through April 3, 2015 she will be available as a consultant. Her consultancy services would be presented as a separate contract. Fischer leaves with a sweet severance package: an additional 9 months of salary in an amount of $152,981.00; no payout for accrued vacation and sick time; $2,200 for ?? (sorry, took notes fast and couldn’t catch what this was for); and she is released from any legal claims arising against the city during her tenure. If this is what it took, so be it.

The second item was the appointment of an Interim City Manager. I am pleased to report that Dick Bowers, former Scottsdale City Manager who assumed this role previously during the last search for a city manager, was approved on a 4-3 vote with Sherwood, Chavira and Aldama voting ‘no’. Wonder who Sherwood was advocating for? Could it have been Frisoni? Mr. Bowers has a wealth of experience and had proven that he will manage the day-to-day administrative affairs of the city without malice and will do no harm. Mr. Bowers facilitated many special city council affairs previously and I have always been impressed with his intelligence and professionalism. Thank you, city council, for doing the right thing.

The city council’s heavy lifting has just begun. Now it’s time for a search – hopefully a nationwide search for a new city manager. I wish them well. We, the public, will be watching.

© Joyce Clark, 2015

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

The Glendale city council has a once-in-lifetime opportunity. With the departure of former City Manager Brenda Fischer it has an opportunity to build a legacy of good government and meaningful leadership with its selection of the next City Manager.

City Managers since the departure in 2001 of City Manager, Dr. Martin Vanacour, created a culture of fear and dysfunctional ethical behavior among employees. The culture that grew after 2001 promoted a genuine distain for Glendale’s residents. While Brenda Fischer is the most recent city manager she is not totally responsible for a local governmental culture run amok.

For years and recently exacerbated, there has been a lack of employee confidence in senior management causing an exodus of talented professionals. Those who left observed the problems, refused to participate and simply moved on. The appointment of key personnel, from former city manager regimes, into positions of power (often abused) sent the wrong signal. At various times employees virtually spied on one another and have been required to report the context of any interaction with a councilmember to senior management. Various city managers instructed employees to withhold relevant information from selected councilmembers and in some cases, all councilmembers. Upper management has and currently still does, direct a certain viewpoint be presented to council rather than offering just the facts portraying both the negatives and positives of a proposal. The mantra delivered daily was “speak no evil” of or about Glendale. Massage negative perceptions and make them disappear.

Employees are trained to show the utmost respect for citizens. Yet these same employees are often sent out to shill an already preapproved and predetermined outcome to an unwitting public. The “Library War” is the most current example. It is far more important that they please the city manager than do the right thing for the good of the city and its residents.

Most personnel worked under these regimes silently. The few brave souls that witnessed unethical behavior or saw the use of misinformation and refused to lie about it blew the whistle and were forced out. Others, viewing the results, continued to keep silent and became complicit in allowing such a culture to thrive.

I am not referring, for want of a better term, to the “worker bees.” Worker bees are those men and women on the line delivering service daily, dealing one-on-one with residents’ concerns, picking up our trash, answering an emergency call or repairing a water line. Their culture is truly dedicated to Glendale’s residents.

Fischer’s misdeeds are merely the latest and most public demonstrations of a culture gone awry from the very top down. When employees see a city manager act unethically they quickly learn that it is acceptable. Such actions included the hiring of a then unqualified Frisoni as an Assistant City Manager; a public temper tantrum; the abrupt dismissal of Planning Director Jon Froke (more on this in an upcoming blog); allowing certain employees to resign and be rehired with a different title performing the same work for a lot more salary (more on this in an upcoming blog); and the request for targeted councilmembers’ emails.

Ed Beasley, a former City Manager, was known for his “inner circle” of senior personnel. He made sure his friends like Art Lynch (golden parachute) and Alma Carmichael (worked from Mississippi) were protected and his enemies…not so much. His control of the organization was absolute and he expected information on everyone and everything. When he received a majority of the council’s rebuke, no more than a slap on the wrist, for his DUI employees throughout the organization recognized he was unassailable. Another cultural message sent and received.

During the period when council was actively considering more personnel layoffs, Acting City Manager Horatio Skeete, remarked that he could not bring himself to recommend laying off employees because they were his “friends.” Another signal was sent throughout the organization – performance didn’t matter – it was who you knew. His message was clear – employees were more important than the financial health of the city.

What’s next? The council must appoint an Acting City Manager. That may occur as early as this Tuesday, February 17, 2015. Their best bet would be to ask Dick Bowers, former Scottsdale City Manager and Glendale’s Acting City Manager during council’s previous search. Mr. Bowers is a very intelligent man and understands the role of caretaker while the search is conducted. He also understands the principle of “do no harm.” Anyone currently within the Glendale organization who is appointed as Acting City Manager fully expects to vie for the job and expects it to be an advantage.

The search for a new City Manager should be a nationwide search. Hopefully council will select a candidate from Alaska or Timbuktu. This organization needs someone fresh, with no loyalties to specific personnel. This time a background check is required and someone should talk to candidate’s current management and line employees. Qualities to look for, in random order include:

  • Possesses integrity
  • Listens to all without prejudice
  • Welcomes change
  • Recognizes performance matters most
  • Encourages open two way dialogue
  • Interacts with all organizations and stakeholder interests within the community
  • Serves all councilmembers equally
  • Intelligent
  • Experienced
  • Ability to get along with all
  • Retain independence from council
  • Good communication skills
  • Can develop good rapport with council and employees
  • Although not required, someone who commits to living in Glendale

Will the Glendale city council squander this opportunity? It is possible. Four of the council were seated in January of 2012 and have two years each of current experience: Mayor Weiers, Vice Mayor Hugh (served on council for 5 years many years ago), Councilmembers Sherwood and Chavira. Three of the council were seated in January of this year and have two months each of experience: Councilmembers Turner, Tolmachoff and Aldama. Collectively the mayor and council have a total of 8 years and 6 months of council experience. While some of them have had other previous governmental experience (such as Mayor Weiers in state government) it’s not the same (no matter what they tell you) as serving on a local level as a councilmember.

Can council do their job of choosing a new City Manager effectively? Let’s hope they can. This time let’s hope that Councilmember Sherwood does not insert himself independently into the selection process and attempt to micromanage it in his favor. Let’s hope council can put political wrangling aside and realize the enormity of the challenge before them. Let’s hope they require the new city manager to clean house, eliminate protected classes of employees and restore organizational integrity and the people’s confidence in their local government. Let’s hope they possess the wisdom to allow the new city manager to do the job without their interference.

Let’s hope they can do the right thing.

© Joyce Clark, 2015

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This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

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Glendale Adult Center meeting

On Thursday, February 12, 2015 the last of the city presentations to citizen boards and commissions was held regarding the proposal to sell and relocate Foothills Library. The presentation was before the citizen Arts Commission and was held at the Adult Center. Since it was not held in the heart of Foothills library territory one would think no one would show. That was not the case. There was a healthy citizen representation and it demonstrated that this is an issue that is city-wide and not confined to north Glendale. The presentation was like the two that had preceded it. There was ample time for citizen comment and the comments again, were similar to those offered the previous times:

  • Incompatibility of library and recreational activities
  • Concern about diminishment of the book collection and
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    We love our libraries!!

    inadequate space at FRAC

  • Questions about the adequacy of parking spaces, especially in the summer
  • Concern about the library as a babysitting location when children have finished recreating
  • Comments on the low ball appraisals of the library
  • Comments on the loss of special interest classes and activities offered by library and FRAC

Rodeane Widom is the former Director of Library Services for Glendale. She sent a letter voicing her concerns to senior management and the Library Advisory Commission:

“As a former Glendale Library Director and as a Glendale resident, I want to discuss concerns I have about the potential sale of Foothills Library.  I served the city for 27 years and oversaw the construction of both Main Library and Foothills Library. 

After listening to Mr. Strunk’s presentation at City Council Workshop regarding the library’s sale, I was startled by the appraised amount of the building, site, and art.   I decided to check the library’s expenditures on the city website’s “Follow Your Money” ( http://wwwglendaleaz.com/followyourmoney/) to find information about the appraisal.

I discovered that Mr. Strunk authorized the use of $4,999 for “Library Appraisal Report” from the Library Book Fund on 8/18/14.  The Library Book Fund includes all profits from the sale of books donated by library users.  I believe that Mr. Strunk broke an unwritten contract with the public by using this money to pay for an appraisal of the library building for possible sale.  Mr. Strunk chose to fund this appraisal with donation profits for a purpose so very opposite of what donors would have wished—the sale of the city’s newest library! I consider this shocking behavior on the part of the Library’s Executive Director.  He should be well aware of the source and intended purpose of the Library Book Fund money— enhancement of the library, not vastly diminished services.

Mr. Strunk gave a workshop presentation that I consider a blatant sales pitch stressing benefits of selling Foothills Library while omitting the many downsides to the library and FRAC.  His written City Council agenda sheet was entitled “Potential Relocation of the Foothills Branch Library and Expansion of Library Services.”   The “expansion” he discussed should more aptly be called “reduction of library services” which I believe will result from the sale.

I have lost any confidence in Mr. Strunk as the library’s highest executive.  To make my distrust even stronger, I noted that the appraisal report cost $4,999. The city web page dealing with purchasing states, “The City Council approved modifications, which make doing business with Glendale as simple and straightforward as possible. The formal limit for bids and proposals was raised to $50,000. The small purchase level was raised to $5,000.” Mr. Strunk’s appearance is of a city employee using a technicality in order to personally select the appraiser, which I feel questions the validity of the appraisal. 

This also puts in doubt other cost estimates provided by Mr. Strunk—such as the estimate for renovation of FRAC to accommodate library use. Thank you for your consideration of my concerns.  If you have any questions about this, please feel free to call me at home or on my cell phone.”                                                                                                                                                                                                                                                                    Sincerely,                                                                                  Rodeane Widom                                                                           CC: Library Advisory Board

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Foothills Library Meeting

If you are a glutton for punishment and really, really have nothing better to do here are the links (courtesy of the Glendale Daily Planet) to the videos of the Wednesday, February 11, 2015 meeting at Foothills library (warning: it is 3 hours long), https://www.youtube.com/watch?v=SXsazZSakZI&feature=youtu.be  and the Thursday, February 12, 2015 meeting at the Adult Center, https://www.youtube.com/watch?v=mopHcIxLkic&feature=youtu.be  .

What happens now? Each of the three citizen commissions typically meet once a month. Their February meetings consisted of the presentation on Foothills library. At their March meetings they will have an opportunity to discuss the library proposal and come up with their commission’s recommendation for city council.

You have an opportunity to express your opinion on the proposal to each commission member. I would advise you to keep the pressure up by expressing your opinion to every relevant commissioner. This can be accomplished by sending an email to Erik Strunk and copying all three commissions: strunk@glendaleaz.com  and at the end of your email please Cc: members of the Parks and Recreation Commission, members of the Library Advisory Board and members of the Arts Commission. It will be his responsibility to make sure each commissioner receives a copy of your email per your Cc.

After the three commissions have made their recommendations to the city council, I would expect the proposal to become a city council agenda item for a workshop or regular meeting. I will monitor city council agendas and publicly post when it is scheduled before the city council.

I want to congratulate every one who took the time to attend one of the three presentations or all three, for that matter; those who spoke publicly at a meeting; and those who sent emails to the mayor and council. It is so gratifying to see Glendale citizens participate in their local government. It’s not over yet…not until the city council rejects this proposal. Please stay informed and participate in the process.

Sadly, I wish that this same caliber of citizen activism occurred on many more Glendale issues. Many of the policy decisions made by your city council result in a profound effect on your lives, such as the temporary sales tax increase becoming permanent. All too often, our concern about a vital issue only becomes visible after the decision has been made. At that point it is often too late and the proverbial horse is already out of the barn.

Local government is the governmental entity that dictates your individual quality of life within Glendale. All too often, citizens fail to realize that even a little noise on an issue can direct its outcome. And so the Library War continues…

© Joyce Clark, 2015

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

I called people and did internet research on Fischer all day yesterday. I believe that I know why she resigned. You will have to be patient and follow the bouncing ball on this one. Please note: all persons with whom I spoke wish to remain anonymous; and I received no information of any sort from anyone regarding any city council executive session. Since much will not be verified it is up to you to decide if the reason offered for her resignation has any merit. This reasoning is based upon deduction or for want of a better term, gut instinct and my experience as a Glendale city councilmember for 16 years.

I already related some of the internet information that I or anyone else, for that matter, could find on the internet about Fischer. There was a job buyout in North Las Vegas, Nevada before she moved on to Glendora, California as a Deputy City Manager. She left Glendora after a few years and was hired as City Manager at Maricopa, Arizona. I have already related the circumstances of her job moves in a previous blog. It seems as if Fischer never stays too long in one place and there seem to be difficulties surrounding her moves which she may have instigated and some of which she may have perceived as being instigated against her by others.

She was hired by Glendale in July of 2013. What remains troubling to this day is that Councilmember Gary Sherwood publicly stated that he met with Fischer prior to her hiring and essentially conducted a private job interview. He became her greatest cheerleader and publicly advocated for her hire.

City hall has walls that talk. During the past 18 months there have been anecdotes of her tirades and her apparent desire for absolute control. Several heard recently now make sense. It seems that Fischer confronted Councilmember Tolmachoff in the hallway and apparently accused her of being a troublemaker. Some folks related that she also talked about suing the Glendale Star and Chamber CEO Robert Heicht for defamation of character for publicly relating her recent temper tantrum in a local restaurant. Of the most recent vintage was her apparent belief that certain councilmembers were not on her side.  Her plan was seemingly to bring them down through what she assumed she would discover in her request for their emails.

All of this information leads me to believe that soon-to-be former City Manager Brenda Fischer offered her resignation rather than be fired because she appears to have crossed an ethical line in requesting her bosses’ emails. There is no nefarious plot to uncover.

The City Manager, City Attorney, City Judge and City Clerk are appointed by the city council. They serve at the pleasure of that body. They have the power to hire and fire the persons in those positions. One simply does not request hard copies of bosses’ emails and expect not to suffer repercussions. If nothing else her action violated the International City Managers Association Code of Ethics. You will have to decide if her action was ill conceived and inappropriate and if it merited her termination.

Here’s what may have occurred and based upon recent events are more likely true than not. After the councilmembers were notified (this is usually done by the City Clerk) of Fischer’s request for emails an executive session was scheduled. Fischer would have been advised of the topic, namely her action requesting councilmember emails. Someone had to have advised her that it seemed quite possible that there would be a majority of 4 councilmembers seeking her dismissal.

Rather than apologize or defend her actions apparently she decided not to attend the executive session and to have her resignation delivered to that body in lieu of firing. Based upon council dynamics it is likely that Councilmembers Sherwood, Chavira and Aldama were not willing to accept her resignation. Perhaps they hoped they could persuade one of the councilmembers to stand with them. Apparently that was not going to happen and the majority, Mayor Weiers, Councilmembers Hugh, Turner and Tolmachoff were steadfast in their willingness to accept her resignation. I suspect the conversation during that executive session was lively indeed. It’s ironic. Now that Fischer has resigned all sorts of people are opening up and sharing their experiences.

We knew the result of that executive session when Mayor Weiers made the resignation announcement. So, a note to all of you media types out there. Don’t bother requesting the thousands of emails generated by those three councilmembers. There’s no smoking gun within them. No, Fischer, apparently to avoid firing for what could be viewed as an imprudent and unethical action chose to resign.

© Joyce Clark, 2015

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

Yesterday, February 12, 2015 Glendale City Manager Brenda Fischer submitted her resignation. What happens now? Fischer and the city council will meet in Executive Session to negotiate a mutually agreeable date for her departure. City Council will then appoint an Acting City Manager while a search is done for a replacement.

It sounds simple, doesn’t it? A cut and dried process but when politics are involved things are never quite that simple. The city council is split with Hugh-Turner-Tolmachoff vs. Sherwood-Chavira-Aldama. Mayor Weiers is the deciding vote. There is a dearth of talent at city hall these days with many able administrators either having left or having been forced out. Why not think outside the proverbial box? Why not borrow a talented administrator from another Valley community? Glendale has done it before when it asked Dick Bowers, former Scottsdale City Manager, to assume the role of Acting City Manager. The first name that comes to mind is Charlie McClendon, former City Manager of Avondale. Charlie worked for Glendale many years ago, possesses Glendale historical memory and has an outstanding record as Avondale’s City Manager. I was gently reminded that Charlie is now in Cathedral City, California. Despite that I would still consider him.

Don’t expect council to appoint either Assistant City Managers Jennifer Campbell or Julie Frisoni as Acting City Manager. Rumor has it that Assistant City Manager Julie Frisoni may not be around much longer now that she has lost her protector and mentor, Fischer. The city Finance Director, Tom Duensing’s and the city Attorney, Michael Bailey’s, names are floating out there as possible choices for Acting City Manager. Each has baggage and is identified as part of the Fischer “team.”

Many were surprised to learn of Fischer’s resignation. They should not have been. Take a look at her work history. She worked in Henderson and North Las Vegas, Nevada for about 15 years primarily in media relations but not as a City Manager. When she rose to greater positions of authority as a Deputy City Manager in Glendora, California and City Manager in Maricopa, Arizona it appears that she never remained in those positions for more than 2 years.

An April 11, 2011 post was discovered commenting on her leaving Glendora from someone called “Mother-In-Law” (Brenda’s mother-in-law? Who knows?) saying, “Brenda and I talked about her problems with certain officals (sic) or a (sic) least that’s what they call themselves that, we concluded it was a dead end job in Glendora, Ca. city hall.” Fischer left after 2 years. In Maricopa, Arizona, Fischer initiated an investigation for alleged harassment against a Maricopa councilmember and left that employment within 2 years.

Issues seem to arise when she is employed in an upper management position. Will that be the case in Glendale?  As reported by Darrell Jackson in the Glendale Star of February 12, 2015 Fischer made a FOIA for all of the emails of three councilmembers: Hugh, Turner and Tolmachoff from November 5, 2014 to February 10, 2015. This is highly outrageous and exceedingly unusual. Fischer serves at the pleasure of the city council. She is appointed by them. Requesting the emails of one’s employers may have been the last straw. That should have been enough of a reason to cause her firing.

There appears to have been a slew of other “last straws” lately. Her performance as a leader of the City of Glendale was lacking when she displayed a temper tantrum at the CEO of the Glendale Chamber of Commerce publicly at the Yard House restaurant. She bears the responsibility for the “Library War” debacle. Even if she did not initiate the idea (the jury is still out) of a proposed sale of the library, she allowed it to move forward. Councilmember Gary Sherwood was largely responsible for her hire. He inserted himself into the hiring process by meeting privately with her and advocating for her at a council workshop. His current problems with an ongoing AG’s investigation about alleged Open Meeting Law violations and a renewed effort to recall him may have created difficulties for her.

Did she find something within her email request that spooked her or did council learn that she was looking for something to use against them? After all, she appears to have only requested emails from the three councilmembers she perceived as her enemies. Her annual performance review would have been in a few months. Was she concerned that she would be fired? Did Mayor Weiers drop a hint that he had the four votes necessary to cause her firing? Did she decide that resignation was face saving as opposed to firing?

This is a story unfinished. There is more to discover. You can bet that the media will continue to pursue the real reason for Fischer’s sudden but not surprising resignation.

© Joyce Clark, 2015

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.