Posting on behalf of Kim Rosenberg
Will Stone recently posted about the lawsuit he, Laura Swanson, and Randy Kugler filed to release the report of an employee complaint investigation. The fictional narrative might be compelling unless you know what the facts are and why both the Tillamook County DA and a judge denied the request.
The Council that put forth the bond measure for a new city hall is not the same Council that approved the city hall that’s under construction. Councilor Kozlowski was the only councilor on both Councils. Conflating all the past and present Councils into an unchanging monolith of Evil Government appeals to the conspiracy minded. I get it. I used to watch the X Files myself, but I’ve had enough conspiracies for a lifetime.
I supported Deb Simmons when she ran for office. At the time, I was writing op/ed pieces for the Pioneer which I was invited to continue on a regular basis. Most of those posts were based on the rules, laws, and procedures of city, state, and national government.
A month into her term as mayor and long before any employee complaint was filed, Simmons hired a personal lawyer to represent her personal interests. The city attorney for a town represents the city’s interests and provides legal advice regarding the business of the city to the elected officials. So, if you’re on Council and there’s a legal problem you talk to the City Attorney. That’s how it works.
I attended two executive sessions with permission of Laura Swanson, the Pioneer’s editor, and a friend of Simmons. After those meetings, I met with the mayor and encouraged her to resign. I later signed a petition along with other concerned citizens asking Simmons to step away from her advisory relationship with former city manager Randy Kugler. Swanson received messages from the mayor’s supporters asking that I no longer attend executive sessions or write about the city. I agreed that I was now biased against the former mayor and my relationship with the Pioneer ended.
I don’t care who the official is, I want them to tell the whole truth, obey all the rules, laws, and procedures of office, and take responsibility when they mess up. Simple.
An employee complaint was later filed with the City Attorney. He advised the Council that an investigation was necessary and should be done by an outside investigator to prevent a conflict of interest because of his role as the City’s lawyer. An employee complaint can lead to litigation and higher insurance rates for a city should it go to court, so Council did approve the privileged investigation. The City Attorney then hired an investigative lawyer to complete an investigation into the allegations of the employee. Investigations into an employee complaint are meant to protect the employee from retaliation and harassment. Investigations are not trials.
I didn’t report information presented in executive sessions. For the remainder of her tenure as mayor, I reported on the many rules, and procedures that Simmons violated, her failure to work with or even speak to other members on council, and the pocket sale of her home and move to the Wilsonville area five months before resigning. Staying at a friend’s house isn’t residency and when you move away from a town you are no longer eligible to hold office.
Contrary to Stone’s post, the report of the investigation has never been released to anyone and isn’t ever going to be. When the attorney asked for a privileged investigation before Council voted to approve, it made the contents confidential. It doesn’t matter if Simmons now approves of its release. It’s a privileged report and was before any investigation began.
Stone’s summation of what Simmons did or didn’t do, who filed the complaint and why, relies on a baseless narrative one can only assume came from Simmons. Innuendo and hearsay aren’t facts.
Stone, Kugler, and Swanson filed a lawsuit to release the report of the investigation. As a former City Manager, Kugler should know the City Attorney won’t and can’t release a privileged report and he knows that’s why both the DA and the judge denied their request. Why continue to ask for something you know you won’t get? Stone’s post shows how using the specter of a report that will never be released feeds the conspiracy minded. Council can’t suppress a report they don’t have access to. The City Attorney maintains the report’s confidentiality to prevent future litigation against the city.
Our Council and Mayor are all volunteers. They aren’t paid for their time or service. Often, the people willing to do the job run unopposed like Simmons. You can’t really claim a mandate if nobody ran against you. I believe the volunteers on Council and the Planning Commission do their best to make good decisions for town even if I don’t always agree with them. In a representative democracy we vote for the people we want to represent our interests. There are always people complaining loudly about government who are unwilling or unable to run for office. They’re usually the same people who choose to remain ignorant about what the rules and processes of civic engagement are.
On March 5 at the Council Meeting the City Attorney gave an informative presentation explaining how things unfolded and why.
Kim Rosenberg
https://youtu.be/M_FNs60R-AI