Pacific City Clerk Speaks Out

June 8, 2012

To: City Council Members.

Re: Pacific Policy 200-004- Reporting Improper Governmental Action
RCW 34.05.010
RCW 34.12
RCW 43.09
Title 42 RCW

As the City’s Personnel Manager/City Clerk/Risk Manager, I am officially reporting “Improper Governmental action” by the Mayor, Cy Sun.

Please see attached (Exhibit A)

I am reporting the following:

1. Violations of Federal laws.
A. Failure to present required documentation of legal status qualification. City of Pacific Policy 200-002 and Immigration Reform and Control Act of 1986
Immigration and Naturalization Act of 1990
Title VII, Civil Rights Act of 1964 8 CFR Part 274A.

The Mayor was asked numerous times by me and the former Finance Director to provide the City with proper I-9 documentation which is required by the Federal Government. The Mayor to date, has not provided the proper documentation to the City. After being asked for this documentation he treated both the former Finance Director and me in a retaliatory manner. He did the following to me:
• Did not allow me to perform my duties as the Personnel Manager.
• Gave my duties to non management personnel, individuals not legally employed by the City and to himself.
• Restricted both my schedule and my hours of work.
• Changed a previously granted schedule which was based on my religious belief and no longer granted me that schedule.
• Interrogated me in a hostile, threatening manner stating that I had revealed “his story” to the Department of immigration.
• Accused me of being his enemy.

2. Violating State and Local laws and City Codes.
A. The Mayor has signed off on permit applications acting in the capacity of both the City Planner and the City Building Official.
B. The Mayor has a non-employed unauthorized, uncertified citizen, Howard Erickson, signing off and approving multiple building permits, gas test, and final inspections.
C. The Mayor has removed City documents and records and granted access to those records to unauthorized persons.
D. The Mayor has destroyed City Records
E. The Mayor has attempted to Alter historical factual Public Works documents within files.
F. The Mayor has interfered with on going City Litigation regarding the Hansen Property and further attempted to coerce Kelly Tally to falsely accuse Roger Smith of being responsible for wetlands being filled in by Mr. Hansen. He did this so he could manufacture cause to fire Mr. Tally.

3. Abuse of Authority
A. Intentional disregard of legislative action by the City Council in regard to the non confirmation of Leanna Mason for the position of Community Services Director.
B. Refusal to follow the City Policy and Procedure in regard to Hiring Practices and Procedures.
C. Unlawfully placed an unqualified, unconfirmed person in the position of Public Works/Community Development Director and as such violated City Policy and Procedure with willful intent to subvert the rights of the Legislative body of the City.
D. Violated Union Agreements by offering Union employees a bribe of financial gain in a closed secret meeting. The Employees were told that if any one person in the room spoke about this that no one would receive monetary gain.
E. Attempted to coerce an on loan Pierce County employee to conspire with him to falsify and create records with the intent to frame a union employee whom the Mayor wants to be terminated.
F. Lied to the Council and the Public about the requirements of the CERB board and as such risked the loss of the Valentine Avenue Project. The Mayors actions would have caused loss of the Project and loss of approximately $800,000 for repayment of a grant and further cost likely from a lawsuit from the City Of Sumner. The City Council was forced to take action to save the project but to date they and the City Attorney have been slandered by the Mayor.
G. Refused to follow the Advice from the City Attorney and the Cities Insurance Company in regard to the Public Safety Director whom the Mayor had out on Administrative leave.
4. Gross Waste of Public Funds.
A. Refused to fill the Public Works/Community Development and City Engineer positions which have created a cost overrun on the Stewart Road project of $62,000 as a result of no staff. Likely there will be more cost overruns as the City has had to use the services of costly Engineering Firms. (to be determined when the budget is in)
5. Creating a Hostile Work Environment
A. The Mayor has created a climate of fear and intimidation to any City employee who does not comply with his mandates even if there actions would be in violation of the law.
B. Threatening employees if they talk to City Council members. Gave specific orders for no employee to report anything to the City Council.
C. Using City employees to harass other employees who he felt were not loyal to him.

6. Violating Union Contract
A. Offering Union Employees raises without the consent and not in the presence of the Union Representative even after he had been informed that this is an unfair labor practice.
B. Placing unauthorized persons in position to do Union work without authorization of the Union.
C. Pressuring City Employees to work on political activities and tasks that are outside of the scope of their job descriptions and then using City funds to pay them to do so.

This is my official notification of “Improper Governmental actions taken by Mayor Cy Sun. I am herby putting the City of Pacific on notice of these violations and am invoking my rights to be protected against any retaliatory actions by the Mayor for reporting these actions. I am also asking that this correspondence be added to the agenda for our meeting on Monday the 11th. I will be emailing my correspondence to the City Attorney and to Canfield and Associates as well.

Sincerely,

Jane Montgomery
City Clerk/Personnel Manager