City Council

Oak Harbor City Council Regular Meeting Minutes August 3, 2022 This was both a physical meeting location and a virtual meeting per WA Proclamation 20- 28. Meeting was viewable live via YouTube at www,youtube.com/cityofoakharbor and on Ca- ble Channel 10/HD 1090 CALL TO ORDER Mayor Severns called the meeting to order at 6:00 p.m. Invocation – None Pledge of Allegiance – Led by Mayor Severns ROLL CALL City Council Present: Staff Present/Videoconference Mayor Robert Severns City Administrator Blaine Oborn Mayor Pro Tem Beth Munns Finance Director David Goldman Councilmember Tara Hizon Public Works Director Steve Schuller Councilmember Dan Evans City Archeologist Gideon Cauffman Councilmember Shane Hoffmire Fire Chief Ray Merrill Councilmember Jim Woessner Police Chief Kevin Dresker Councilmember Bryan Stucky Senior Services Administrator Liz Lange Councilmember Eric Marshall Sandra Place Communications & IT Manager Sabrina Combs Executive Assistant Macalle Finkle City Clerk Julie Lindsey Also in attendance: City Interim Attorneys Hillary J. Evans and Joshua Oh of Kenyon Disend, PLLC 1. APPROVAL OF AGENDA Mayor Severns and called for any changes to the agenda. Hearing none, the agenda was approved as presented. 2. PRESENTATIONS a. Proclamations – None b. Honors & Recognitions - None c. Community Presentations –None Regular Meeting Minutes August 3, 2022 Page 1 of 8 3. CITIZEN COMMENT PERIOD Mayor Severns explained citizens may comment on subjects of interest not listed on the agenda or items listed on the Consent Agenda. Citizens may also comment on corresponding Agenda items. There are many ways to contact the City, the Mayor and Council, all of which were displayed. Citizens can visit the City’s website for methods to submit public comment, or contact the City Clerk, Julie Lindsey by phone or email as displayed. When submitting comments, please include your name and address. Public com- ments sent anonymously will be shared with the Mayor and Council but will not be displayed. Citizens may submit requests to staff or departments via the Contact Us form at www.oakharbor.org/con- tact. Citizens can also call (360) 279-4500 or email info@oakharbor.org. Councilmembers also have individual email addresses, all of which are listed on the City’s website. The City received several comments from the public since our last regular meeting which were forwarded to Council in advance of the meeting and displayed on screen. Mayor Severns opened the floor for public comment from any audience member present. 1. Laura Renninger, President of the Oak Harbor Garry Oak Society, presented the Council with an updates Society brochure and a Field Guide to 24 Trails Off the Beaten Path on Whidbey and Camano Islands. The Guide includes a two-mile Garry Oak Tree Tour. The Society partici- pated in the development of the Guide and encourages ecotourism. 2. Kathy Harbour of Oak Harbor addressed the Council to express her happiness with the local business, Orlando’s and to note the odor of the wastewater from the Clean Water Facility. 3. Sue Karahalios of Oak Harbor addressed the Council regarding her disagreement with a prior week’s newspaper quote that employee morale is improved and urged Council to do a sepa- rate investigation. 4. Joel Servatius of Oak Harbor addressed the Council regarding public comments and censor- ship. He also supported an investigation of City employee morale. 5. Rhonda Severns spoke in defense of statements made by Mr. Servatius regarding Mayor Severns. Councilmember Marshall made a point of order that comments should be addressed to Council and not to other members of the audience. 6. Ryan Stevens of Oak Harbor stated he had submitted a public comment online that was not shown and was disappointed. (City Clerk’s note – Mr. Stevens comment was shown during the portion of the meeting when the agenda item it was regarding was discussed) Hearing no other comments not related to agenda items, the public comment period was closed. 4. CONSENT AGENDA Consent Items a. Approval of Minutes b. Approval of Payroll and Accounts Payable Vouchers c. Purchase Authorization – Roof Replacement at The Center d. Purchase Authorization - Police Fleet Replacements Regular Meeting Minutes August 3, 2022 Page 2 of 8  e. Purchase Authorization - Vermeer Chipper Replacement Mayor Severns called for any changes to the consent agenda. Hearing none, the Consent Agenda was approved as presented. 5. MAYOR, COUNCIL & STAFF COMMENTS a. Mayor - Mayor Severns provided the following comments and updates: National Night Out: Thank you to all who turned out for a terrific National Night Out event last night at Windjammer Park. Special thanks to Police, Fire and City departments who coordinated the event. Pavement Preservation Projects: Road construction for Pavement Preservation Projects will take place between August and September of 2022. A list of projects and expected project start dates is provided under Public Works - City Projects on the City’s website. The Center is air-conditioned: The Center’s HVAC system was fixed just in time for the recent heat wave. Community members in need of a cooling center are welcome to come by The Center during regular business hours. Upcoming Events: Flyers for upcoming events were displayed on screen. b. Councilmembers Mayor Pro Tem Munns and Councilmembers Woessner, Hoffmire, Hizon, and Marshall provided their respective comments. i. Action Item: Periodic Review of the Mayor Pro Tempore by the City Council per RCW 35A.12.065 Mayor Severns noted the next item was an item for potential action regarding the Mayor Pro Tempore, also known as the Mayor Pro Tem, position. The City received comments on this item that were shared with City Council in advance of this meeting, some of which were requested as public comments and were displayed on screen. Before providing his remarks, Mayor Severns called for any public comment from those present corresponding to this agenda item. Corresponding Public Comment: 1. Wendy Nitcher of Oak Harbor addressed the Council, noting she was a former member of the City’s Finance Department, spoke in support of Mayor Pro Tem Munns and concerns expressed regarding a former employee and memorial service attendance. 2. Joel Servatius of Oak Harbor read aloud a transcript he stated was of a voicemail between Mayor Severns and Mayor Pro Tem Munns and a list of items he termed retaliatory. 3. Larry Munns of Oak Harbor addressed the Council citing Mayor Pro Tem Munns’ 14 years, 7 months and 3 days on the City Council and defending her character, noting the recent event discussed involved a one-on-one conversation that was investigated by the Police Department with nothing actionable to report. He questioned the impartiality of the City’s Human Resources Generalist in preparing a HR investigation. Regular Meeting Minutes August 3, 2022 Page 3 of 8  4. Brian Fort of Oak Harbor addressed the Council noting the speed with which the issue was at- tempted to be brought up and his concern of what he termed a leak of the threat to Mr. Oborn. He noted the need to stop the spread of leaks and gossip. 5. Sue Karahalios of Oak Harbor spoke in support of Mayor Pro Tem Munns and the incident being a one-on-one situation. She also shared that she had googled Mr. Oborn and his past experi- ence. She noted concern for City employees and suggested the City’s insurance company would do a thorough, objective investigation. Mayor Severns thanked all for their comments. He read the following statement: “Before I ask City Council to speak, I want to say some words about this subject and the reason it was added to tonight’s agenda. First, I want to apologize to staff and the community for this subject matter creating a distraction. Some City Councilmembers contacted me expressing their concern regarding the comments made to staff on June 8th, 2022. This created an urgency to bring this action item to the City Council for discussion at the earliest opportunity. Based on feedback from staff in the morale survey and recent conversations, I did not feel it was a good idea to allow an important subject matter like a threat made to employees to linger longer than neces- sary. After discussing options with our City Attorney, we learned that this discussion must take place in an open meeting. The City has received comments in support of Mayor Pro Tem Munns and the work she has done in and around our City during her tenure as a Councilmember. I want to be clear in stating that I agree that I also appreciate her service and her many contributions. However, the most recent action is not the only action involving Mayor Pro Tem Munns and current staff. There was a chain of events, beginning in September 2020. Mayor Pro Tem Munns booked an appoint- ment with me with no reason or topic included. She included another Councilmember on the meeting invitation and then a third Councilmember appeared during the meeting. In this meeting, they demanded that I terminate the City Administrator and Human Resources Director without providing due cause. Other City Councilmembers were not aware of this meeting. In October of 2021 Mayor Pro Tem Munns and other Councilmembers presented a list of eight items they felt warranted a vote of no confidence in the City Administrator by City Council. They met in Exec- utive Session with the former City Attorney and former Assistant City Attorney, excluding me until the end of that meeting. They never shared those items with the public. I subsequently provided a detailed response highlighting the inaccuracies of their eight-item list and denied their request. This was the second time that Mayor Pro Tem Munns attempted to have City Administrator Oborn terminated. Unfortunately, these are not isolated events involving Mayor Pro Tem Munns having negative interac- tions with employees. I have heard from former employees that one of the reasons they left employment is because they felt threatened by the Mayor Pro Tem during conversations when she would appear at their desk unannounced and request them to share information, they did not feel was appropriate. Ad- ditionally, employees have made comments about not appreciating the way in which Mayor Pro Tem Munns makes comments to staff and about during Council meetings. The reason this topic is up for discussion is because prior to a recent memorial service for a staff mem- ber, Mayor Pro Tem Munns came by City Hall between her scheduled vacations to speak with the City Administrator. During this conversation, she threatened the City Administrator and Human Resources Director by saying, “if you attend the memorial service, you may be slapped and/or hit.” Regular Meeting Minutes August 3, 2022 Page 4 of 8 Furthermore, she told our City Administrator that he and the Human Resources Director should not attend the event. The Oak Harbor Police Department was contacted, and Police Chief Dresker re- sponded. No police report or case number was taken. I want City Council to understand these types of actions by Mayor Pro Tem Munns require time for staff to investigate, work with the City Attorney, and determine the best course of action to address these concerns. Overall, this is a distraction for our staff from doing the work our citizens are paying us to do and can create additional costs for the City. The City’s Human Resources Department Generalist, re- porting directly to me, has conducted an investigation as well, and the results were provided to myself, the City Attorney and Mayor Pro Tem Munns. It is my understanding that on the advice of her attorney, Mayor Pro Tem Munns has two weeks from yesterday to file an injunction to prevent the release of the investigation to the public. As Mayor, in a strong Mayor city, I oversee and have an obligation to our employees. I believe our citizens expect my office and our Council to treat our staff with respect, to care for them and protect them if necessary. I do hear several positive things about working here from our staff these days, and I know things are not perfect, but I do feel that we are working on it together and improving. If Council wants to discuss hiring a firm to investigate any part of our Administration, including the Mayor’s office and City Council, it is your prerogative to add that as a future agenda item. However, I want to caution all of us about this before we move forward. Number One: Staff has to be willing to speak to an investigator, or clearly identify the problem or department/division in which it exists. From staff’s perspective this report and their comments would not be confidential and could be requested by the public. Number Two: The last two years, we have made some significant staffing and leadership changes in spite of a world- wide pandemic and the Great Resignation. We have many new employees in our Finance Department and have added a new Director and several employees to the Development Services Department. Public Works went through some changes in leadership with Interim Director Mick Monken and now Director Steve Schuller. Plus, we are moving forward with a Parks and Recreation department and Director po- sition recruitment. Number Three: I urge Councilmembers to consider how we move forward if we keep spending time and money focusing on the past. We all need to consider the additional time and stress for staff that investigations and dis- cussions take, and the cost ultimately paid by our taxpayers. I am not saying don’t pursue them but just consider all the factors. With these staffing changes, I would like all of us to consider a potential alternative to this in the form of another staff survey. We can ask staff to give us an update by sharing: • Their current concerns. Reminding them to focus on what is happening now and not in the past. Possibly provide a time frame to reflect on. • Have them present ideas for improving morale. • Require that they include their name, department/division to allow City Leadership and City Council an opportunity to address issues. I am the administrative leader and City Council provides legislative approval. You set priorities, goals, and approve our budget. That should be your focus. Regular Meeting Minutes August 3, 2022 Page 5 of 8 When staff submit comments about not having resources and feeling overworked, I have to also look to City Council to partner with me to address these concerns. As the ones reviewing, requesting changes, and approving the budget and setting priorities, you are vital to making sure that our staff have the staffing and tools they need to get the job done for the projects and priorities you are setting. I want all of us to consider how we work together to move forward. This type of activity is very damaging to our staff and their morale as employees of this City. It can make recruiting talented employees difficult. I am constantly amazed at the excellent job our Human Resources Director and her team are doing to recruit awesome individuals to join our team in the midst of these types of public conversations. Kudos to our employees who have joined our staff and committed to being a part of the team, even when these types of conversations are taking place. We should all consider the fact that potential candidates are watching these meetings and our interac- tions with staff. I agree that City Council was not the number one complaint on a past survey, but upon reflection, should any of us have created an environment or been among the reasons given for poor morale? The item before you is whether or not you want to consider a new Councilperson to serve as Mayor Pro Tem, in light of the accusations made by staff. At this time, I will open the floor for Council discussion and in doing so, I want to remind City Council that the community, and most of all our staff, is listening.” Mayor Pro Tem Munns requested to make her statement first and to stand at the podium in order to see and deliver it to all Councilmembers. She requested that City Attorney Evans explain the public records process. Attorney Evans noted it was standard procedure and under the public records act the investi- gative report prepared by the HR Generalist was subject to public records reporting. The investigation was concluded two days prior to today. She explained Mayor Pro Tem could choose to seek an injunc- tion to prevent publication of the record. Mayor Pro Tem Munns has two weeks to examine the document with or without her attorney and to file an injunction against it being released. Mayor Pro Tem Munns noted she had received the document yesterday along with attachments. She made a statement of the incident of June 8, 2022 from her viewpoint. She explained she had met with City Administrator Oborn in his office and asked whether he and Human Resources Director House were planning to attend the funeral for an employee and had expressed there were those who would not be okay with their attendance and her concern that someone would slap him. She noted she did not expect him to interpret her comments as he did. Mayor Pro Tem Munns cited a huge division in the City and noted she found it a gross conflict of interest to have the City’s HR Generalist conduct the investigation of what she intended to be a private professional to professional conversation. She noted if something had indeed occurred, she would have regretted not speaking up. Motion: Councilmember Hoffmire moved to nominate Councilmember Hizon as Mayor Pro Tem. Coun- cilmember Hizon seconded the motion, Councilmembers Stucky and Hoffmire added their respective comments. Councilmember Marshall noted his interest in hearing from City Administrator Oborn. City Administrator Oborn explained he had provided his statements to the investigation and took the steps he did because it was clearly a threat. He had planned to attend the funeral. He noted the deceased was a terrific employee. When the City received news of her passing, he and Chief Merrill went to all staff offices around the City to personally let the employees know. He found the commonality among staff in regard to morale was a desire to build on goals and move forward. Regular Meeting Minutes August 3, 2022 Page 6 of 8 Councilmembers Hizon, Woessner, Stucky, and Mayor Pro Tem Munns provided their questions and comments. City Attorney Evans confirmed she had spoken with the City’s insurer, WCIA, and made them aware. Councilmembers Marshall, Evans, Hizon, Hoffmire, and Woessner provided questions and comments. Attorney Joshua Oh of Kenyon Disend also responded to questions. Staff placed on screen State of Washington RCW 35.27.160 regarding the duties and responsibilities of the Mayor Pro Tempore. Following additional discussion, Mayor Pro Tem Munns called for the question. Councilmember Stucky requested to ask an additional question of Councilmember Hizon, who clarified her attendance in person for meetings as she was able should she be elected Mayor Pro Tem. Mayor Severns called for a vote on the motion nominating Councilmember Hizon, with 3 in favor (Coun- cilmembers Hizon, Hoffmire and Marshall), 2 opposed (Councilmembers Evans and Stucky) and 2 ab- staining (Councilmembers Woessner and Mayor Pro Tem Munns). Councilmember Woessner stated he wished to abstain until he had a better understanding of what the Mayor Pro Tempore position entailed and what powers the position had. Councilmember Evans stated he had the same objection and would also vote to abstain. Councilmember Stucky observed he would prefer to hold the vote in a similar manner as the process previously used by Council to elect the Mayor Pro Tempore in January and hear from Council members interested in the position. Mayor Pro Tem Munns reiterated that her vote was to abstain. Chief Merrill read aloud RCW 35.23.191, outlining the duties of the Mayor Pro Tempore. Councilmember Woessner noted the Mayor Pro Tempore would perform the duties of the Mayor with the exception of having no power to appoint or remove any officer, which did not pertain to regular employees. He noted it was a serious position. Mayor Severns noted with three votes in favor the motion failed. Councilmember Hoffmire questioned whether abstentions favored the majority vote. Councilmember Stucky inquired whether a motion could be made to consider and nominate both Coun- cilmembers Hizon and Woessner and to request that they each state why they would do well and their interest in being Mayor Pro Tempore. Councilmember Woessner and Councilmember Hizon each stated their experience and qualifications. Motion: Councilmember Stucky moved to nominate Councilmember Woessner as Mayor Pro Tempore. Councilmember Hoffmire seconded the motion. Councilmember Stucky noted he wished to nominate both Councilmember Woessner and Councilmember Hizon. Councilmember Hoffmire withdrew his sec- ond and Councilmember Stucky withdrew his motion. Motion: Councilmember Stucky then moved to nominate both Councilmember Hizon and Councilmem- ber Woessner as Mayor Pro Tempore. Mayor Pro Tem Munns seconded the motion. Councilmember Marshall expressed Council had already had an opportunity to vote and that he would abstain. Mayor Pro Tem Munns voiced her support for Councilmember Hizon. Following additional discussion, Mayor Severns called for a vote on the nomination of Councilmember Hizon, with 4 in favor (Councilmembers Hizon, Hoffmire, Stucky and Mayor Pro Tem Munns) and for Councilmember Woessner with 2 in favor (Councilmembers Evans and Woessner). Mayor Severns an- nounced Councilmember Hizon was elected as Mayor Pro Tempore. Regular Meeting Minutes August 3, 2022 Page 7 of 8 Break: Mayor Severns called for a short break at 8:22 p.m. The Council resumed the meeting at 8:30 p.m. 6. Public Hearings & Meetings None. 7. Ordinances & Resolutions a. Ordinance No. 1956: Amending Oak Harbor Municipal Code Chapter 1.14 – Public Records Attorney Joshua Oh reviewed the ordinance, which was presented at the Council Workshop of July 20, 2022. The ordinance would update the chapter in the City’s Municipal Code on public records to provide clear direction for requestors and other avenues people can use, streamlining the requesting process. Mayor Severns confirmed no public comment was received on this item Motion: Councilmember Marshall moved to approve Ordinance No. 1956, amending Oak Harbor Mu- nicipal Code Chapter 1.14 – Public Records. Councilmember Munns seconded the motion. The vote on the motion carried unanimously. b. Ordinance No. 1960: Adopting Oak Harbor Municipal Code Criminal Code Section 9A.04.004 Attorney Joshua Oh reviewed the ordinance, which was also presented at the Council Workshop of July 20, 2022. The ordinance would give the Oak Harbor Police Department and the City’s Prosecuting At- torney the authority to adopt the Washington State Code into the City’s code. Mayor Severns confirmed no public comment was received on this item Motion: Councilmember Hoffmire moved to adopt Ordinance No. 1960, adopting Section 9A.04.004 to the Oak Harbor Municipal Code related to crimes. Councilmember Stucky seconded the motion. Coun- cilmember Munns confirmed with Chief Dresker that this ordinance would be helpful to the Police De- partment. The vote on the motion carried unanimously. 8. Contract & Agreements None 9. Other Items for Consideration None 10. Reports & Discussion Items None Adjourn Motion: There being no further business, Councilmember Woessner moved to adjourn, seconded by Councilmember Marshall. The motion was approved by a unanimous vote, therefore the meeting ad- journed at 8:36 p.m. Certified by Julie Lindsey, City Clerk Regular Meeting Minutes August 3, 2022 Page 8 of 8