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HomeMy WebLinkAboutMinutes-01/27/2011January 27, 2011 The Council of the City of Waterloo, Iowa, met in Special Session at City Hall Council Chambers, Waterloo, Iowa, at 8:00 a.m., on Thursday, January 27, 2011. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Schmitt, Welper. Absent: Greenwood, Hart. 135891 - Welper/Schmitt that the Agenda, as proposed, for the Special Session on Thursday, January 27, 2011, at 8:00 a.m., be accepted and approved. Ayes: Five. Absent: Greenwood, Hart. Motion carried. 135892 - Cole/Welper that copies of Call for the Special Session on Thursday, January 27, 2011, at 8:00 a.m., be received and placed on file. Ayes: Five. Absent: Greenwood, Hart. Motion carried. 135893 - This being the time and place of public hearing regarding the removal of W. Douglas Carter as Fire Chief, the Mayor called for written and oral objections. David Dutton, Attorney for W. Douglas Carter, stated this is what the law refers to as a name clearing hearing. It's a hearing that's guaranteed by the constitution of the United States. When a person who has both a property right and a liberty interest in his position has been terminated. It's an interesting observation that since 1904 there have only been eight fire chiefs for the City of Waterloo. Doug Carter was the eighth chief during that over 100 year experience. It is also true that Doug Carter is the only Fire Chief that has ever been terminated from that position. The implication of being terminated as Fire Chief is that he has done something wrong in connection with performance of his duties. There has been some cause for his termination. And yet the only thing that has been stated in writing and is required under Chapter 372 is that the Mayor has lost confidence in his ability to lead the department. Ordinarily when you have a hearing you have an opportunity to have notice of the charges that are lodged against you. And you have notice of the evidence that supports those charges. So that you can confront the accusations, you can present your own defense to them and you can let the decision be made as to whether or not those charges are grounded and are fair. We attempted to challenge the termination before the Civil Service Commission. And if we had been allowed to do so the city would have been required to state and specify exactly what Chief Carter did or what he failed to do that should lead to his termination. When we were blocked from that opportunity and that avenue, we also lost the chance to confront those accusations and to show that the firing and determination was arbitrary, without cause and without justification. So having lost that opportunity our only recourse to challenge the basis for the termination would be in court. This is a different hearing. Again we are confronted with the failure of the city to state any justifiable reason for Doug Carter's termination. So all we can do is present to you his record as he is going to describe it and letters of support that he will present from the previous Mayor Tim Hurley who appointed him to this position in 2007. And remind the council that he was reappointed by Mayor Clark for a two-year term which is not to expire until December 31, 2011. Which would be this coming December 31, 2011. We believe that that two-year term gives him a property interest in that position that can not be taken from him without due process. And we think that due process has been denied. We're also going to present letters of support from the previous Mayor Tim Hurley, former Chief of Fire Rescue Ned Deberg, former Chief of Fire Rescue Frank Magsamen and also Thomas Jennings who served as police chief during the same period of time that Doug has served as the Chief of Fire Rescue for the city. And I can also state my own experience as County Attorney I worked with the fire rescue department. It's chief having worked with the fire department and in connection with the police department that the City of Waterloo has been blessed by stability of leadership in both areas of public safety. And the question it has raised is if we are now going to see a revolving door of leadership in those departments and what impact that will have upon the citizenry of this community and upon public safety. So as I say, we're handicapped because there are no charges that we can respond to. So all we can do is to have Doug Carter speak to you and tell you about his record. And tell you some of the things that effect him because this termination by implication puts a stain on his reputation that he has developed over 26 years of experience and service with the fire department. That stain can only be removed by some action either by the City Council or through the courts to restore his good name and his reputation we believe has been seriously impacted and effected. So I will ask Doug to address you and I will present to you the letters of support and also a resolution that I would ask that you consider and pass commending Doug Carter for his service to this community both as a fireman and as the chief of the fire rescue department. W. Douglas Carter, 421 Home Park Boulevard, this is not going to be a memorized speech. I'm going to read a statement so I can be sure to say what I want to say. I want to start with why I am here today. Over the last three months, I've watched with concern the decisions that have been made. When I was demoted I considered just walking away, but then I was told of some of the things that were being said about me. People are literally stopping me and asking, "What is going on?" I want to take this opportunity to thank those friends and the dozens of people that have offered me their support. So I decided to speak in a public forum and give my side. I am not some disgruntled employee, I am an employee that has worked hard for this city for many years, every assignment I've been given I've done my best to accomplish and I feel my reputation has been damaged. Over 26 years ago I stood here and swore an oath to be a firefighter and uphold the law. Over 3 years ago I stood here again and swore to uphold the law as Fire Chief. I accepted the appointment as Chief with the understanding that I had to do everything in my power to see that the Department functioned at the highest level and that the Fire Safety Code was diligently enforced. As Chief I worked hard to fulfill the expectations of the Mayor, Council and of the residents of this community. My priorities were the safety of the citizens and the safety of the firefighters. I knew there would be pressure on me and the department to cut corners and to compromise the fire code in favor of those who wanted favors. I knew there would be detractors within the department who would disagree with me and my decisions, because those are issues that every Chief faces. I knew I could not compromise the integrity of the department and the safety of the community by giving in to those who wanted us to bend the rules and I didn't. I stood up for public safety and had an obligation to the citizens to be their advocate. I am very proud of the years I've spent serving the people of this community. As a firefighter I rode both fire trucks and ambulances. I went on a lot of calls and there were times when I was privileged to be part of a team effort that saved a life. As Chief there is a broader perspective and I always preached that there is so much more that the fire department does than save lives. We have a positive impact on thousands of people's quality of life every year. We are a professional, aggressive interior attack fire department that keeps property on the tax rolls, keeps businesses open and people working. Public safety is far more than just answering calls for service. Upholding the fire code is a major part of protecting the public. The public has a right to an expectation of safety when they enter buildings and the city needs liability protection. The Fire Chief oversees all aspects of the fire department, from operations to public education, inspections and finances. When I became Chief, the top nine positions in the fire department had to change due to retirements; the staff I appointed through civil service process worked to get us on the right administrative track. We worked to improve the hiring process, to hire the best we had available. We worked very hard to ensure that Waterloo got a new fire station to be proud of. I submitted realistic budget requests without hidden fluff. When difficult decisions had to be made, I consulted with fire staff and city hall. I looked for alternative funding sources and in the past three years the fire department brought in over $800,000 in grants and appropriations. Training was a top priority. Our fleet has gotten needed upgrades, and EMS is being modernized by going paperless, paid for with a grant. We are working with central garage to alleviate some vehicle maintenance backlog. Deb Anderson and I found common ground and we worked to improve fire stations, the inspection process and address citizen concerns. When firefighters were removed from the airport, Waterloo Fire didn't walk away; we assisted them with SOG development, training scenarios and positioning our equipment to be available to them. When Dan Trelka came to town I was one of the first to offer my support. I was always willing to work with other city departments, seeing us all as part of the same team. When Buck Clark became Mayor, I told him that I was up front, honest and direct. He told me that was what he wanted. I informed Mayor Clark that I would be available to him to discuss the Department and I was; That I would follow his leadership and I have; That I would be honest and direct in expressing my views about the department and his ideas for the department and I have; I was never criticized by the Mayor and my demotion came without warning and without reason. On Friday, December 3rd I was called to the Mayor's office. As I sat down the Mayor said, I'll get right to the point. I'm relieving you of the position of Fire Chief and you are expected to report to work Monday morning as Captain. I asked the Mayor Why? He said it wasn't open to discussion. I asked what have I done or not done to cause this. I said I deserve a reason. He said he had spoken with Firefighters and that some thought morale was low. He knew it wasn't a popularity contest but he didn't think I had the respect of the men. I asked if this was the group at Jameson's Pub. He said yes, plus others. He said he had a plan to reorganize the Fire Department and he thought I would fight him on it. I asked what plan. He said he had evaluated me and thought I was not the man for the job. I asked what evaluation? When did we ever sit down and discuss an evaluation? He said it wasn't open to debate. The certified letter I received gave no clear reasons. It does question my ability to provide proactive solutions. I would say that I have presented proactive ideas and solutions. An example would be the arrangement I worked out with Evansdale to ensure a fire engine would be at Station 5. At a council meeting the Mayor praised me for that. When the Mayor told the public that I had been removed as Chief with no clear reason given and that a nationwide search would be conducted for a successor, it certainly left the impression with the community that I was being demoted for cause. That search soon ended without naming a successor and was replaced by a reorganization plan calling for combining the administration of Police and Fire Departments. The Mayor told me that he knew that I would be opposed to a reorganization plan as one of the reasons that I was removed from Chief, but I had never seen a reorganization plan at that time and had never considered what impact it would have on the Departments. I have now seen the plan and as Chief I likely would have raised questions about the plan and the promised savings. The sudden demotion created a false impression of my competence and that I had somehow failed to perform my duties as Chief. Those false impressions have damaged my reputation and damaged the confidence that people in this community have in me and that I have spent 26 years of my career developing. It is hard for me to understand, I've been a good employee to this city. This is a mark on my career I don't deserve. It is difficult to defend myself when I've not been told that I've done anything wrong. I am here this morning to publicly state that I did nothing wrong, to defend my good name and reputation to state that I did my job and stood up for public safety, the citizens, and this city. Mr. Dutton, and I have here for the council letters of support and also a resolution that I would ask that the council would consider and adopt. Mayor Clark, Mr. Carter and Mr. Dutton do you have anything further to add? Mr. Carter, I've said everything that I've stated. Mr. Dutton, we have nothing further. Mayor Clark asked if council had any questions or comments. Councilperson Getty, asked for a few minutes to look over everything that has been given to the council. Councilperson Schmitt, the question I have and maybe this may be a question for Mr. Walsh. Obviously this must me the first time that I think any of us have been involved in something like this. I don't know if there or is there an agenda or ultimate goal? I'm at a little bit of a loss of what it is we are suppose to be doing. James Walsh, City Attorney, did you get my letter? Councilperson Schmitt, I did read your letter. I thought it was a little vague but it may be ... Mr. Walsh, we don't have these very often. Councilperson Schmitt, right. Mr. Walsh, you can proceed as you'd like to proceed. The code gives no requirement other than that you hold the hearing, which we have done. Councilperson Getty, in looking over all of the documents we've received I really have a problem I guess. Mr. Dutton mentioned having, defend or have my hands tied. I guess I always thought that Doug did a good job, I had no problem with that. I never had a problem with that. I've had many conversations with him. But my problem is when I get out the rules and the ordinances and so forth of the city council the things that you mayor can do that council looks at. It doesn't say, it says that department heads especially the fire chief and the police chief serve at the discretion of the mayor. And there really doesn't have to be a reason if the mayor decides he wants to change one of those department heads except for the city clerk. Which I understand the city clerk is council's discretion. Councilperson Cole, it's the city attorney also. Councilperson Getty, and the city attorney. Other than that it's the mayors discretion. What he does, if he wants to relieve somebody he has that prerogative. And with that I would reluctantly have to make a motion that we confirm the mayor's decision that he made. Getty/Cole To confirm the Mayor's decision. Prior to a vote on the above motion, the following comments were heard. Councilperson Schmitt, the concern or question that I have is from what we've heard today and I went to the civil service hearing also just because I like to hear things first hand. I think one of the concerns is that we've got a long time city employee here who apparently his reputation, his future earning potential and things like that has been at least sullied if not damaged severely. And I guess one of the questions I have, and again Mr. Walsh I'm not sure if this is for you, but from before I got onto council I know that there were changes made in department heads and previous administrations. It seems to me in one of the previous maybe Mayor Rooff came in and three, four or five department heads were relieved of their duties. I mean what is different about that and this? I'm trying to find some kind of correlation or commonality. Mr. Walsh, well Mr. Clark is my fifth mayor and almost every mayor has changed department heads. And they do that because they are allowed to and that's a personnel function that they are responsible for. Most of the time the individual involved as with Mr. Carter is given a chance if he'd like to resign or if he'd like to if they are old enough retire. If they'd like to do something other than go through this process. They choose to go through this process rather than step down. And that's why we are here. The mayor under the ordinances and under the statute is allowed to replace department heads and that's what was done here. The mayor made it clear that he wasn't trying to say Mr. Carter had done anything wrong. There's no smoking pistol. He didn't want him as fire chief. He was offered an opportunity to resign, chose not to, went through the civil service process to try and get some remedy there. I'm not sure what. And now he's got a right to add his side and have it be done publicly and that's what he's done today. Councilperson Schmitt, so these other department heads when they were demoted or relieved of their duties or whatever there were no reasons given at that time? Mr. Walsh, usually not. And in most cases it's, I don't want you to be a department head. The mayor makes that appointment. The Mayor's office made Mr. Carter Chief and the Mayor's office is allowed to unmake him Chief. And that's what happened. Nobody said he did anything that would sully his reputation and it was done in private in the Mayor's office. And anything that happened after that in public was the choice with the individual involved. Mr. Dutton, Mr. Walsh one of the things that you said is simply not true. There was never an opportunity given to resign or to retire. That was never offered, never put before Mr. Carter at all. So in order to make the records straight and clear please understand that that did not happen. Mayor Clark, I'm going to make a statement. I was unsure of whether I would or should but I will. Doug Carter is not a bad person by any stretch of the imagination. Doug Carter is not a bad fireman by any stretch of the imagination. But having said that, the mayor is the CEO of this city. We have 540 plus employees. That's $160 million dollar budget that we work with. And for those of you that are aware of business acumen and leadership books there's a fellow by the name of Jim Collins who wrote a very successful book called, "The Good and The Great". And I think most of us have probably heard that the biggest evil of great is good. Doug Carter was a good fire chief. I don't want good department heads. I don't want good fire chiefs. I want great fire chiefs and I want great department heads. And I want a great city. It's absolutely essential that we have the right people in the right seats on the bus driving that bus in the right direction. I'm going to bore you just a minute. This particular article by Mr. George Diaz is a business article telling the accomplishments of people like Jack Welsh, Steve Jobs. It says getting the best people they could is a consistent theme across these companies. Just as important was eliminating the peoplewho were not good fits. It's not that they weren't good people, or that they didn't do a good job. They weren't good fits for the job position that they were in. Disciplined people get who or what. Leaders of companies that go from good to great start not with where but with who. They start by getting the right people on the bus the wrong people off the bus and the right people in the right seats. And they stick with that discipline. First the people, then the direction. No matter how dire the circumstances. Jim Collins says what makes a company great. First get the right people on the bus the wrong people off the bus and the right people in the right seats. People are not your most important asset. The right people are. The right people are those that fit in the right organization and accomplish your future goals. Doug Carter did nothing specifically wrong. If you'll notice there are no letters of support from any current fire people. The moral in the Waterloo Fire Department under Chief Carter's administration was as low as any I've ever seen in any department before. When I took office I barely knew Doug Carter. I didn't have an opinion of Doug because I didn't really know him. I had been approached by a lot, if not the majority of current fire begging me and pleading with me to make some kind of a change in the administration. I did not make an immediate change because I didn't know Doug, I didn't know his management style, I didn't know anything about him. I come to learn through my first half of the year that there was some serious issues in the fire department. Serious moral issues. Not based on any single thing that Mr. Carter did, he was not insubordinate. He did not break the law. There was no smoking gun. It was a management philosophy and a management style that was not consistent with what I wanted from my department heads. And it is never pleasant, it is never easy, it is certainly never fun to either remove somebody completely or demote them. It has happened once before in the police department. Not in the fire department that I am aware of. If you remember, Roger Shook. Roger was Chief of Police for a while and he did not do a very good job a policeman when Roger was the Chief. The department had pretty much the same philosophy or probably not the same reasons for Mr. Carter but Mr. Shook stepped down and I wasn't close enough to the administration then to know whether he was asked to step down voluntarily. But Roger continued on in his prior capacity before as Chief in a very successful remainder of his career, which was actually several years. He did a great job in finance, he did a great job as Captain, was well respected and well liked. So it can happen and it can be very positive. I understand Doug's position. I understand it completely. I'm sure he's upset and I'm sure he's disappointed. But his life is not ruined and his career is not ruined. Doug is a good person, a good fireman. He can be a tremendous asset moving forward in the organization of the fire department if he so chooses. Councilperson Schmitt, I wasn't going to bring this up but now you have. I feel that I probably need to and obviously Mr. Welper can talk about this more than I could because he met with all of the firemen. And as you said during what you called your rant at the meeting where we discussed this, basing your decision on a popularity contest in the fire department is not the way things should be done. But your comment about the moral, when I went around and talked to the fire department what I heard is that roughly 30 percent of the fire department was not happy with Chief Carter and 30 percent were happy. And the other 40 percent really didn't care who was chief. They were just going to do whatever they were going to do. So I'm a little bit concerned. I don't know if that is there then the reason that he was let go but I'm still just troubled by, again I don't want to rehash what we voted on previously, but how this was handled. How we went from nationwide search to something completely different. And as you've mentioned, having the right people in the right seats. I'm certainly supportive of that, I'm certainly supportive of anything that's going to save the city $112,000.00 I think was the last comment I saw. But my concern is when you talk about having the right people in the right seats. And then when Councilperson Welper and I go and talk to the firemen and at that time there was nobody on the fire side that was stepping up to take those seats. So I understand your reorganization plan but I keep coming back to I'm supportive of that once we kind of have those things identified. But this whole thing it seems to be kind of a proposal on the fly. And as we've heard from other council members we get questioned in the community as to Chief Carter and we don't have any good answers. And that's been my whole concern on this thing from day one. Is it just doesn't seem like its been handled in an orderly, logical, humane manner. And so that's my problem with it. Mr. Dutton, first of all your comments Mayor that moral is at its lowest point ever does not appear in your letter that you sent to the city clerk and to Doug Carter indicating your reasons for his termination. So those statements are first of all miss placed. Secondly, they are not supported in any way. There is no, if we had known that that was your claim then we would have sought letters from fire people as to why they felt that he was the proper person for the job. But more important than that you have not stated any reasons why you claim that moral is low. Any reason attributable to Doug Carter. Mayor Clark, technically I don't have to state any reasons. Mr. Dutton, under Chapter 372 you do. Mayor Clark, I did publically here today. This is not a trial and there is no one on trail. It's a hearing and I think we've flushed this out. Mr. Dutton, well what your saying though is that you have by implication defamed Doug Carter and the reason that we are here today is to answer specific charges and to clear his name. You have not given us that opportunity. And for that reason we want to again propose that the resolution that we presented to you be adopted by the council or rejected. Either way but we want some decision to be made that will allow this man to walk forward knowing that he has made his case and has stated his claim that he has done an excellent job as the fire chief. And that the reasons for his termination may be that he did his job too well. And if that's the case then there is a real concern by the citizenry of this community as to why you are replacing someone who did his job too well and was replaced for that reason. That implicates public safety and is a concern to all of us. Following comments a vote was taken on the above motion with the following result. Ayes: Four. Nays: Schmitt. Absent: Greenwood, Hart. Motion carried. Cole/Jones that the hearing be closed and oral and written comments be received and placed on file. Ayes: Five. Absent: Greenwood, Hart. Motion carried. ADJOURNMENT 135894 - Cole/Jones that the Council adjourn at 8:45 a.m. Ayes: Five. Absent: Greenwood, Hart. Motion carried. r^" 5 Suzy Sbhares City Clerk