The way we do things in Brownwood !

Sunday December 3, 2006

Op Ed: Columnists

Manner in which Carruth’s departure handled the issue — Robert Brincefield

The considerable response the newspaper received this week to the developments causing Brownwood City Manager Kevin Carruth to tender his resignation all had one common thread. The comments have all focused on the way the situation was handled.

On one level there was the concern for Carruth personally, and for his family. Employee performance leading to a termination of services should never come as a surprise to an employee, especially a manager. Carruth said he was shocked when Mayor Bert Massey and Councilman Dave Fair came to his office to ask for his resignation. Nov. 14, when council entered executive session to evaluate the four managers, marked 11 months since his last evaluation. That one took place after Carruth’s first six months on the job.

Quint Studer, who was the speaker at last year’s Chamber of Commerce awards banquet, advocates more frequent employee reviews. He suggests evaluations as early as 30 days and frequently there after, in his “hardwiring for success” approach to motivating and engaging leaders. Of course, Studer is retained by organizations like Brownwood Regional Medical Center, an entity interested in building and developing organizational excellence. I am not sure that is the motivation we are witnessing at city hall.

There appears to be another concern that runs to a broader level. The letter writer in Thursday’s edition of the Bulletin captured the basis of the concern when she asked, “What in the world happened to open government?” It is a concern we share at the newspaper. On the Nov. 14 meeting agenda Number 13 was labeled executive session. Letter B. under item 13 stated “annual evaluations of the city attorney, city manager, city secretary and municipal judge.” Item 14 was — “action as a result of executive session.” The agenda clearly lists public reconvening, and open meetings law is very explicit that the council has to reconvene in a public meeting to take action. In this case, it required them to take a vote if they were going to ask for the resignation of one of the four managers. The council did not reconvene. Instead, Massey and Fair went to the city manager’s office. Carruth said they told him there were enough votes to fire him if he did not accept the offer to resign. How did they know? Was there a show of hands in executive session? Was there just a nodding of heads? If it was merely an around-the-room discussion someone had to be keeping score and tally the results. The law is clear — all of the above constitute a vote.

Did the city council violate the open meeting law? Well, yes and no. They probably did not violate the letter of the law because the point became moot when Carruth eventually resigned. However, by their actions did they violate the spirit of the law? You bet. There were enough attorneys in the room to ensure they kept it as mired in the gray area as possible.

The Bulletin had asked for the written summary of Carruth’s first evaluation and had to file a Freedom of Information request to get it. The law allows governmental entities 10 days to comply. The newspaper waited nine days and had to pay for the copy. There are three more FOI requests pending. However, the afternoon of the council meeting on Nov. 28, the Bulletin, and I’m sure the radio stations, received an unsolicited press release that said “council felt a change was needed at this time,” and “council did what it felt like was best for the community” and finally, “council is confident that Kevin will land on his feet.” Do those statements sound like there was a voluntary resignation? Do the statements sound arrogant and patronizing to you too?

To complete the city manager scenario, council voted to appoint Pat Chesser, City Attorney, as the interim city manager. One writer asked if the city charter allows for the city attorney to simultaneously serve as the city manager. It was a good question, but it also led into the realm of the letter of the law, and the spirit of it. The charter does not address the specific circumstance, either to allow or deny the practice. However, as the chief legal adviser of the council and all offices and departments of the city, the intent is the city attorney serves as the check and balance. Who will now fill that role?

The larger question to be asked — is this the way you want your city government to conduct business? Ultimately the type of government one has comes down to the citizens. Make no mistake, it does not go unnoticed by office holders how few registered voters go to the polls on Election Day.

Robert Brincefield is publisher of the Brownwood Bulletin. His column appears on Sunday. He may be reached by e-mail at bob.brincefield@brownwoodbulletin.com.
source: http://www.brownwoodbulletin.com/articles/2006/12/03/op_ed/columnists/opinion08.txt
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Sunday December 3, 2006

Op Ed: Letters To The Editor

Elected officials need to answer the voters’ questions

To the editor:

Being a citizen and voting individual of Brownwood for over the past 30 years, I was quite disturbed reading the Brownwood Bulletin last evening regarding the City Manager’s (forced?) resignation and severance pay by the city council!

First and foremost... hire me, and ask for my resignation, as I would like $57,420 dollars for a half year with benefits, car allowance, and vacation, while doing nothing for the community. Is this why my property taxes were raised?

After reading Brownwood Bulletin Publisher Mr. Brincefield’s editorial in the paper last Sunday, I believe he “hit the nail on the head” when he was quoted “the city was looking for a scapegoat” on the annexation of industrial park property! I congratulate and commend you on your assessment on that one, Mr. Publisher!

The Bulletin also printed there was “just a general dissatisfaction in the management style, kind of broad statements like that” from the city council. Should we take a poll here in Brownwood, and ask the citizens and working individuals who like their boss, and if they like the management style they exhibit?

If nothing “immoral or unethical” as stated by Mayor Bert Massey was done by our city manager, who was hired by our “elected officials,” as citizens and voters of Brownwood, who do we need to ask to get our questions answered? It might be in the next election?

David Lindsay
Brownwood

source: http://www.brownwoodbulletin.com/articles/2006/12/03/op_ed/letters%20to%20the%20editor/letter01.txt