First, Std-Ex reporter Shad West reports that yet another Utah city is in the process of clipping the wings of another autocratic and information-stingy Mayor. There's a council proposal afoot to strip Syracuse Mayor Fred Pannuci of his executive power, and transfer it to a more council-friendly city manager. Some on the Syracuse city council, the article reports, believe that the Syracuse Mayor has overstepped his power, and left the council out of the information/power loop. Thanks to Syracuse City's compliance with the Std-Ex's GRAMA request, our home-town newspaper is able to furnish its readers the gravamen of some Syracuse council-members' complaints:
In September members of the council publicly expressed concern over the power Panucci has seemed to gain in the city. Some accused him of overstepping his authority by not sharing information with members of the council. Of particular concern was his authorizing work to be done at the Jensen Nature Park, Hammon said.Whereas we would frame this story as just more evidence of a grass-roots-inspired movement in Utah politics to restore the rightful system of checks and balances in city government, Mayor Panucci dismisses the council proposal (in classic neoCON style,) calling it "a power grab by some members of the council." Judging from the above evidence, we would speculate that such a "power grab" (we prefer the more gentle term power reallocation) may be just what doctor ordered for the good taxpayers of the City of Syracuse. What think out gentle readers about this?
The Standard-Examiner, through the Government Records Access and Management Act, received documentation from the city containing financial information on Jensen Park.
It shows a contract was awarded to G & G Sprinkling and Landscaping, a Syracuse landscaping firm for irrigation work in the park. On March 28, the council approved the $140,000 contract.
However, the city does not have any record of design plans for that work. Instead, the city had designs for landscaping, which the contractor used in planning the sprinkler system. The city did receive bills from the contractor for work on the irrigation system and landscaping supplies and labor.
City Administrator Ken Hubler told the Standard-Examiner that city officials did not ever see plans or specifications for the irrigation system.
"It looks like we didn't have real plans or specs drawn up," Hubler said. "The city did not follow proper procedure. This should have gone out for bid according to the state statutes. The communication just wasn't there."
In the second Std-Ex story, a denial of a GRAMA request provides the story theme itself. Yes, gentle readers, Ogden city has formally, arrogantly -- and predictably -- denied the Standard-Examiner's request for material relevant to the full array of recent council Seat "A" applicants. Ace Reporter Schwebke provides some interesting and enlightening quotes, straight from Std-Ex Managing Editor Andy Howell:
Standard-Examiner Managing Editor Andy Howell said the newspaper will seek a legal opinion on the city's refusal to turn over the letters of the four other finalists.The Emerald City neoCONs have plainly thrown down the gauntlet. Oh what will the Standard Examiner do next? We have lots of respect for editor Andy Howell. We sincerely hope the Std-Ex will back him up, and put Emerald City's feet to the fire on this.
"Obviously the city's response is unsatisfactory. We submitted the request for the five finalists under the council's old policy. The new policy was adopted after the request, so it is irrelevant," he said.
"Providing us with the letter of the one candidate picked by the council after the fact is of no service to the public. We requested the letters from the five finalists so readers could compare qualifications of the candidates before one was selected.
"We plan to consult our attorney, not only on the insufficient response to our original GRAMA request, but the legality of the new policy under the state's open records laws."
The floor is open. Feel free to comment on any of the above.
26 comments:
I had talked to Rep Neil Hansen a whlie ago, and he had said that Bill Cook told him that the information was being with held because that is what they did when Mark Johnson resigned. He then had asked where that policy was written or was Bill Cook just working thing to his own rules. He said that he would have to look it up. Well if Bill Cook had to look it up it appears that he was doing this on his own accord and not on the wishes of the whole council. Once again as others have stated, WHO is in Charge of the city? Is it Bill Cook OR is it the city council? It would be well have a very thourough investigation on this matter. Is this the coruption in our government that I have been hearing so much about?
Then to read that they would ask about religions affillation. What a breach of federal law!
These are Public offices and should be open to all the public, and quit running our government like it is some ones office that is owned by themselves. Get Real city officials! both elected and appointed, will you!!!
Thank goodness our own council isn't falling into the trap of democratic style mob rule.
Overly assertive councils just make more work for themselves when they act rebelliously to their their elected mayors. Remember, cities are actually republics, in case you've forgotten, and the mayors are the leaders in city republics. It's my experience that its just much easier to let the mayor do all the thinking. Doing otherwise is just too much work! My attitude? Sustain your leaders! Don't be a trouble maker!
If you would like to know more about me and my ideas about good government, please visit my website:
Ogden City Municipal Ward 2
And remember me in November 2007.
O boy lets blame all this on the democrats, because they haven't been in power for over 30 years in the state and 24 years in this county and certainly not in the city. I wonder if the republicans couldn't blame all their problems on others, I guess they would just have to be the hitlers they are now becoming.
That has to be someone else posting under Brandon’s name, at least I hope it is. That has to be the most ignorant thing I have read in quite a while. Just let the mayor do all the thinking. Doing otherwise it too much work. Wow, if that really was Brandon, you can bet I’ll remember him in 2007.
Two points:
First, I hope the SE pursues the matter further, in court if necessary. The press in general has played a key role in the US in forcing openess on governments [at all levels] when [sad to state] the natural instinct of elected officials seems to be to hide and conceal from public view, always claiming doing so is a matter of principle. The SE in demanding access to public documents is working in a long and proud American journalistic tradition. Even if the appeal fails, this matter is one that needs to be judicially settled and not left to the Council members and Council staff to decide by dictat. Go get 'em, SE.
Second: on the matter of justifying witholding the information because it included the candidates' religious affiliation. I need some information here. If the city asked the candidates for their religious affiliation, there may indeed be a constitutional problem for the Council. The constitution flatly bans any "religious test" for holding public office in the US [Article VI, Section 3]. Ogden's asking the candidates to state their religious affiliations [if any] may indeed be a violation of Article VI, Section 3 as the Courts have interpreted it. Did the city ask them do declare?
However, if the candidates, without being asked, voluntered information about their religious affiliations in their letters of intent, I can't see how in the world revealing that [by making their letters public] would create a legal problem on Constitutional grounds for the city.
Voters are free to take a candidate's religion [or lack thereof] into consideration as they think appropriate. And candidates make their religious affiliations known in campaign literature all the time. So long as a government [any level] does not establish a particular religious requirement for running for or serving in public office, no constitutional problem results.
Interesting commentary on the "no religious test" clause by Justice Joseph Story here.
If editor Howell is worthy of such WCF respect, then how do you explain the two or three embarrassing Schwebke pro gonodola advertisments that he allowed to be published as news articles?
He is a distant last when it comes to Utah Editors. He and his local reporter are the least curious and competent of all so called news paper people in Utah.
When the SE is trod upon it gets its hackles up. Now that is a good thing.
But how about when the folks are trodden upon? How about when the folks are left out of decsion making?
Godfrey made that statement that this is a republic and HE was elected the leader by the people and HE will make dexidions that are best for us.
I sure sleep lots better. Don't yall? But, I'm wondering if Andy and his board will be so tenacious in supporting this Council if it ever gets its act together and censures Godfrey? Matt needs to have his 'authority' trimmed.
Good for Syracuse City Council. Wonder if they have any pertinent body parts to loan Ogden City Council members?
dexidions===decisions.
Don't you just hate when your fingers are on the wrong keys to start with??
w ditky so!!!
I really hope the standard does continue its quest. But I expect that it will go to court unfortunately. I have to agree with you, Curm, on the religion question. I had no problem releasing my religion when I applied and then again when I ran for the council but I would have a huge problem if the city asked for that information whether it was put on as a question that didn't have to be answered or not.
Second, on thing that I think a lot of councils don't fully understand about the manager-by-ordinance that Syracuse is looking at, is that the council can take the power that the mayor has and give it to the manager (who is appointed [hired/fired] by the whole governing body, all six members) but they cannot take any of the powers of the mayor and give it to themselves. So they are taking all the executive and administrative power and giving it to an appointed manager and then it takes 4 of the 6 members to fire that person. And that person is the person that runs the council as Cook does in Ogden. Do you really want that kind of person in charge with that kind of power?
Again there are good things and bad things about a manager form but in the end I think it should be the people who decide what kind of government they have and not simply a vote by 5 council members who have been offended and are usually trying to get back at the mayor.
If it is such a good idea then those 5 members should be able to articulate that to the voters and get the voters approval. But usually they can't so they simply take the easy way and go against usually overwhelming public opinion that they should put it to a vote of the people and do it themselves. That will get the people ticked off probably more than anything.
I just saw the web only posting of Susan E. Van Hooser's application letter and resume.
They didn't need to redact anything from her's. That is really exactly what I would have expected from everyone of the candidates. A short letter with some information about what specifically interests and qualifies them for a spot on the council and a resume that gives work, education and service histories. What in there would not have been able and proper to release prior to appointment?
Looks like a government out of control wanting to control every piece of information they can. Sad indeed.
Arcritic:
Just looked at the posted letter. I agree. No reason to have withheld any of it. But I suspect the problem they thought they faced was this: other letters among the five did have material that they considered sensitive for one reason or another. And they thought, probably correctly, that they could not release some letters and withold others without creating a real legal wrangle for themselves. So they withheld them all.
Their reasoning on that last point was, I think, correct. Their choices were release all the letters [redacted as necessary] because that's what Council procedures then in place required [which is the choice they should have made] or refuse to release them all. Releasing some and not others would have made the situation even worse from a legal point of view and probably would have gotten them sued.
When you have an immature, ego-driven mayor as Ogden does, it makes you think twice about a strong mayor form of government. I've lived in a city governed by both types of government, and I am leaning toward the Council-Manager form. At least the City was never on the verge of bankruptcy. We weren't afraid to go to bed at night for fear of what we would find the next day that the Mayor had done. The mayor didn't give the jewels of the city (Union Station, MWC and now the Mt. Ogden Golf Course to other organizations and individuals for pennies on the dollar. Neither form of government is perfect, but Ogden didn't have the problems that it has now with a tunnel-vision mayor who is determined to have his way no matter what! I think I would like the city to go back to the Council-Manager form of government.
How do the rest of you gentle readers feel? Wherever did you come up with "gentle readers," Rudi? I have read posts that were anything but gentle.
Carolyn:
The presumed main advantage of the city manager model is that someone runs the city who purports to be a professional and expert in city management, not simply the least unpopular candidate at the last mayoral election who may or may not know how to manage a Kool-Aid stand, much less a city.
It has a political advantage as well: since the Council is elected and appoints the city manager, there is no place for any elected offical to hide. If the city manager screws up, it's the Council that hired him and the Council that can fire him. And the Council that will answer to the voters if the manager screws up big time and does not get fired. You can't, under a city manager model have the mayor blaming failures on the Council and the Council blaming failures on the mayor since the Council hires the city manager and he serves only so long as he retains the Council's confidence.
No, it's not perfect. An overly political and/or crony-ridden Council can make life unsupportable for a good manager, and cosy for a crony in place. No system is perfect.
The Mayor/Council system supposedly provides checks and balances by dividing authority between the executive and legislative branches. This does not work, however, if Councillors see their role as playing on the Mayor's team. The city manager form concentrates all responsibility [but not authority] in the Council which then delegates authority to the manager.
Pluses and minuses on both sides. In the end, the solution is to elect good people: to the Council in a city manager model, and to the Council and the Mayor's office in the other model. If we don't elect intelligent, conscientious, talented and ethical people, neither form will work well.
Distressing though it may be, folks, we get the government we deserve. We elect it.
True, Curm.
I have been advocating a good look at the manager/council form of gov't for Ogden for some time.
Layton has an excellent form of manger/council gov't with 5 council members. It would behoove any interested in how Layton manages to have a thriving city and a very community friendly council to attend one of their meetings. They meet on Thursdays.
Layton has the 'best city manger in the state' I have been told. Alex Jensen is his name and he's been with Layton for over 12 years. Must be doing something right. Also the mayor is NOT ego-driven. A humble man, actually ,with a small unimposing office situated behind the clerks' desks on the first floor!
I turned to my companion and asked, 'are we in Heaven?', as I sat in the meeting in Feb. EVERYONE in the audience is treated with respect and business is actually discussed in front of the attendees instead of in a study group or work meeting.
Before you say 'no'...go look at this successful team of people and talk with the mayor/manager and council. They are accessible.
BTW, Layton is very business friendly. Some of Ogden's have relocated there.
On this general question of the arrogance of governments: I was regaling my dawn patrol class this morning [7 AM] with a story out of the Jackson period and it occured to me it might not be wholly inapplicable to this discussion.
A state representative in NY was supposed to give a speech at a state fair. The crowd was loud, noisy and well liquored [this was the Jackson period, remember] and the state rep. was having trouble making his way through the crowd up to the platform to give his speech. Finally, he lost his temper, and began shouting at the people in front of him: "Make way! Make way! I'm the representative of the people!"
A farmer in front of him turned around and shouted right back at him: "Make way yourself. We are the people!"
To add to the comments re forms of government in speaking about cities changing to the manager-by-ordinance form that Syracuse is proposing, the lawyer for the Utah League of Cities and towns said to the gathering of mayors, counselors and city staff the following:
Mayors, remember you were elected mayor not God.
Councilors, remember you were elected councilors not mayor.
And Staff, remember you were not elected at all.
One thing I realized when pushing for the referendum to reverse a manager-by-ordinance. It isn't the form of goverment and administration. It is the people who are in it. And changing from one form to another doesn't change the problem it only treats the symptoms.
As Curm said, "sometimes we get the government we deserve."
Somebody say "Amen"!
On another, but familiar note: The vangate results should be forthcoming. Is it legal to wager if any hand slapping will be meted out to the naughty....and will we obtain the results BEFORE the Nov. election?
This VanGate nonsense could end up being the longest running investigation in Ogden's history.
Actually there are two investigations. The one run by the County Attorney, and the one run internally by the OPD.
It has been almost three months now that this has supposedly been under investigation by these two law inforcement agencies, and yet no results! If these two agencies cannot come to some findings on such a simple matter as this in three months, how are the citizens supposed to feel protected from the bad guys with such incapable law inforcement? It is understood in a lot of areas of Ogden that the Chief is corrupt and uncaring for his men, but the real secret is the apparent incompetence of our County Attorney. He does not have the integrity or political will to bring justice to this matter. The citizens of Ogden and Weber County are being cheated of the justice we are being taxed to support.
Justice is being delayed, which means it is being denied. Justice is being delayed because of politics.
Greiner does not want any findings made public until after the election. He wants Officer Jones' head and if he gets it before the election it will cause a negative uproar and will be all over the press right during the election - bad for Greiner. . If he waits until after the election to allow the internal investigation to find Jones guilty then the public can make all the noise it wants and it won't matter to him.
The American justice sytem is being perverted by venal politicians. This is such a blatant abuse of the system, yet nobody is crying foul!
The Standard is thrashing around and making a lot of noise over their denied GRAMA request, yet make not a peep about this abuse of Officer Jones and the American system of justice.
Our local politics, law inforcement and press are just about as bad as it can get in America.
Did anyone notice the owner of the jet? I remember seeing it in one article. The cost of hiring a private jet for a round trip to Telluride is approximately $5000. What is the relationship of the owner to the mayor and is this considered a contribuiton, or is it a city expense. Didn't the mayor say they had spent $ 6000 on the gondola campaign. His last trip to Telluride and Kellogg had to be a $10,000-12,000 Charter. My figures come from a local charter service.
UtahJet
Hate to split hairs with you Tod, but I believe if you read the UtahJet link a little closer you may find that the prices quoted are for one way trips "based on round trip".
If I am correct on this, then a round trip to Telluride would be more in the $10,000 dollar range.
Those biz jets do like their din din, and gulp very large amounts of fuel. A guess for a round trip to Telluride would be maybe $2,000 in fuel alone. If all seven council members "chipped in for gas" it could be close to $300 each. That would still leave all the other costs, pilot, maintenance, insurance, etc for someone to pick up.
If that were a private party, it would beg the question of what are they getting in return. If the tax payers pick up the tab then same question applies.
In the articles about the trip to Telluride and Kellogg, I believe they identified Bryce Gibby as the pilot or at least one of the participants and since he is a pilot and I believe he has his own plane/jet or access to one, he would be the logical pick. He also was a lead person on the Kemp Airport project.
Just sayin.
And I would have agreed with tod that the link implied 5K for a round trip to Denver.
darrel, It's actually unclear but you may be right. I guess a phone call would clarify. So it's twice that probably. Sounds more realistic that way. These are very expensive and sophisticated machines and the pilots are well trained. My brother flew a Falcon for awhile for some big wheel out of Denver. They certainly didn't set it down wherever they wanted. Just a take off and landing gets pricey.
If all they are covering is fuel then what is the rest of the charges classed as in contribution terms. Can anyone throw down 5000- 10,000 in charter fees gratis to the mayor with no question asked?
Bluffdale Citizens want vote on manager ordinance.
It will be interesting to see how things work out.
When Riverdale did the same thing, many people who weren't against the manager-by-ordinance administrative method, still voted against it because they were against THE WAY the council did it.
Land sakes, we are jest in a big ol' mess around heah.
Fo' the life of me, ah jest cain't figure out whut is in that mayor's head?
Seems like he jest conjures up mischief al ovah the place.
He should be locked away in a dungeon! And that ol' mean po lice chief too!
UTAH NEEDS A RECALL LAW! GG2G
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