We don't have many details yet, but Mayor Cy Sun has fired the new city clerk. The clerk was given a letter regarding her termination with no justification provided. The mayor continues his destructive pattern, even with the employees he hires. Meanwhile, the recall languishes in the court system - not allowing the people of Pacific to vote to continue on this path or not. We will post more details as soon as we can.
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Showing posts with label clerk. Show all posts
Showing posts with label clerk. Show all posts
Tuesday, February 26, 2013
Wednesday, January 2, 2013
Add $175,000 To Sun's Damage
Former city clerk Jane Montgomery has settled her claim against the City of Pacific for $175,000. $25,000 of that was paid by the city and $150,000 paid by the insurance company. That payment included any costs for Montgomery's attorney.
Montgomery expressed sorrow that things ended this way. She felt she had done her job to the best of her ability and only tried to advise Mayor Sun on his legal obligations to the city. She said the insurance company acknowledged they advised Sun not to fire her, but they were ignored.
Although Montgomery could have gone to trial and sued Mayor Sun personally (since he acted on his own against legal advice) - and likely won a much higher settlement - she said this was the best outcome for all involved. She wishes the City of Pacific only good things for the future.
Montgomery expressed sorrow that things ended this way. She felt she had done her job to the best of her ability and only tried to advise Mayor Sun on his legal obligations to the city. She said the insurance company acknowledged they advised Sun not to fire her, but they were ignored.
Although Montgomery could have gone to trial and sued Mayor Sun personally (since he acted on his own against legal advice) - and likely won a much higher settlement - she said this was the best outcome for all involved. She wishes the City of Pacific only good things for the future.
Monday, July 30, 2012
Thursday, July 26, 2012
Clerk's Termination Hearing Turns Chaotic
 | |
| Attorney Joan Mell, representing Pacific City Clerk Jane Montgomery, announcing the claim for damages filed with the city today. |
The three unknown men who emerged from the meeting room with Mayor Sun just prior to his abrupt departure were meeting with the mayor on an unrelated road project. The mayor did not speak to anyone as he left city hall just as Montgomery's termination hearing was scheduled to begin. His letter (here) to the city clerk states this hearing was her only chance to protest his decision to fire her - otherwise the termination would be final. It is unclear if that applies if the mayor is the party who does not appear for the hearing. Montgomery's attorney filed a claim on her behalf for damages this morning after the attempted hearing.
_________________________________________
City Clerk Jane Montgomery was scheduled for her Loudermill hearing at 10am this morning. Even with only one day's notice, she showed up on time with her attorney to protest her termination by Mayor Cy Sun. Montgomery, along with her attorney, media cameras and others were forced to wait outside the meeting room. Shortly after 10am, Mayor Sun emerged with three unknown men. Mayor Sun immediately left the building and drove off in his car.
Montgomery's attorney has just notified the city that she is filing a claim for damages.
More details will follow as they become available.
City Clerk Fired
Pacific City Clerk Jane Montgomery received a termination letter yesterday (July 25th) notifying her that Mayor Cy Sun had fired her. The letter included notice of a Loudermill hearing where she could protest his action to be held at 10am today (July 26th). We will provide details about that hearing when/if we can.
Wednesday, July 25, 2012
Context For Mayor Sun's Arrest
Mayor Sun got quite a bit of press last week when he was arrested by his own
officers. There is more to the story than the media is reporting. It's
important that Pacific voters know all the facts.
Fact 1: The mayor had announced at a staff meeting the day prior to his arrest that he is destroying city records. Paula Wiech, associate city planner, openly questioned his authority to destroy public records at will. There are very strict laws that govern public agencies regarding public records and their retention. Sun immediately placed Wiech on administrative leave. The union stepped in and helped Wiech remain on the job.
Fact 2: After learning that the mayor is destroying public records (a clear violation of the law), the police department launched a criminal investigation the day before Sun tried to force his way into the clerk's office. King County Sheriff was contacted to lead the investigation so there would not be any conflict of interest.
Fact 3: Mayor Sun had made no attempt for several weeks prior to his arrest to enter the office. The clerk serves as personnel manager and access to the city personnel files are strictly controlled by law. The clerk's office was declared a potential crime scene (because of the investigation of destruction of public records) and stabilized well before the mayor let anyone know he wanted to enter.
Fact 4: Mayor Sun made his first attempt to enter the clerk's office the same day he learned he was under criminal investigation. He brought in locksmith Frank Lonergan (former candidate for public office in Auburn) to open the door and showed up with the news camera with him. The doorway was clearly marked with crime tape and the mayor was asked repeatedly to not force his way into the office.
Fact 5: The chief executive officer does not have the authority to fire an employee for doing their job. Mayor Sun tried to fire the police officers who were performing their lawful duty while arresting him. He does not have the authority to avoid arrest by firing the police officers who repeatedly asked him not to force his way into an active crime scene. Police officers are not "at-will" employees. Their hiring and firing is governed by federal and state law, Pacific Municipal Code, union contracts and civil service rules.
Under the law, there must be "just cause" before any public employee can be punished for misconduct. If misconduct is alleged, a full investigation must be conducted. If misconduct is established, the employee is entitled to a "Loudermill" hearing prior to the imposition of discipline. This is the employee's chance to present their defense or mitigating circumstances prior to being disciplined. If discipline is to be imposed, employers must adhere to the concept of "progressive discipline." Termination is not the only answer and it is rarely considered. Police officers are no different. They are entitled to a finding of just cause and due process. This is especially important for the police, whose job it is to enforce the law. Employment rules are in place, in part, to prevent abuse of power by over-zealous public officials or others in position of authority.
Bottom line, there were other ways for Mayor Sun to accomplish his goal of access to the clerk's office. It appears he brought the media with him and he clearly chose to force his way into the office with no notice or attempt to work out reasonable solution to his request. Mayor Sun's arrest was completely avoidable and within his control.
Fact 1: The mayor had announced at a staff meeting the day prior to his arrest that he is destroying city records. Paula Wiech, associate city planner, openly questioned his authority to destroy public records at will. There are very strict laws that govern public agencies regarding public records and their retention. Sun immediately placed Wiech on administrative leave. The union stepped in and helped Wiech remain on the job.
Fact 2: After learning that the mayor is destroying public records (a clear violation of the law), the police department launched a criminal investigation the day before Sun tried to force his way into the clerk's office. King County Sheriff was contacted to lead the investigation so there would not be any conflict of interest.
Fact 3: Mayor Sun had made no attempt for several weeks prior to his arrest to enter the office. The clerk serves as personnel manager and access to the city personnel files are strictly controlled by law. The clerk's office was declared a potential crime scene (because of the investigation of destruction of public records) and stabilized well before the mayor let anyone know he wanted to enter.
Fact 4: Mayor Sun made his first attempt to enter the clerk's office the same day he learned he was under criminal investigation. He brought in locksmith Frank Lonergan (former candidate for public office in Auburn) to open the door and showed up with the news camera with him. The doorway was clearly marked with crime tape and the mayor was asked repeatedly to not force his way into the office.
Fact 5: The chief executive officer does not have the authority to fire an employee for doing their job. Mayor Sun tried to fire the police officers who were performing their lawful duty while arresting him. He does not have the authority to avoid arrest by firing the police officers who repeatedly asked him not to force his way into an active crime scene. Police officers are not "at-will" employees. Their hiring and firing is governed by federal and state law, Pacific Municipal Code, union contracts and civil service rules.
Under the law, there must be "just cause" before any public employee can be punished for misconduct. If misconduct is alleged, a full investigation must be conducted. If misconduct is established, the employee is entitled to a "Loudermill" hearing prior to the imposition of discipline. This is the employee's chance to present their defense or mitigating circumstances prior to being disciplined. If discipline is to be imposed, employers must adhere to the concept of "progressive discipline." Termination is not the only answer and it is rarely considered. Police officers are no different. They are entitled to a finding of just cause and due process. This is especially important for the police, whose job it is to enforce the law. Employment rules are in place, in part, to prevent abuse of power by over-zealous public officials or others in position of authority.
Bottom line, there were other ways for Mayor Sun to accomplish his goal of access to the clerk's office. It appears he brought the media with him and he clearly chose to force his way into the office with no notice or attempt to work out reasonable solution to his request. Mayor Sun's arrest was completely avoidable and within his control.
Tuesday, July 24, 2012
Why The City Clerk Is Upset
June 8, 2012
To: City Council Members.
Re: Pacific Municipal Code 2.88- Equal Employment Opportunity
On June 4th, 2012 I informed Mayor Cy Sun That Howard Erickson confronted Becky Cromwell a member of Local Union 117, in the hallway of City Hall. He was accompanied by Leanna Mason who was the person that Mayor Sun had brought before the City Council on April 29, 2012 for confirmation to the position of Community Services Director. The City Council did not confirm her appointment. Mr. Erickson singled Becky out and used a common demeaning term used only with women to refer to me. He stated, “I’m going to get that Bitch fired, she was supposed to be out on medical leave and she was really in Connecticut selling her house.” Ms. Cromwell stated to me that he was angry, and hostile and she found his remarks to be shocking and inappropriate.
This is not the first time the Mr. Erickson has been in my workplace making inappropriate comments about me. The last time he was in an employee only area demanding to see my job description and questioning my authority to do my job as the Personnel Manager. This was reported to me by the former Finance Director, Maria Pierce. Mr. Erickson was angry because I had followed the City Policy and Procedure that in regard to the hiring of a Community Services Director and the candidate that he told the Mayor to hire, Fran Neumiller had not been selected for the interview process.
Maria Pierce came and told me and I went to speak to Mr. Erickson to find out what the problem was. We had a long discussion. I explained that I had followed the Policy of the City and that Ms. Neumiller was not qualified for the position and that therefore she had not been granted an interview. Mr. Erickson appeared to be satisfied.
In this case, I decided to bring a person with me to speak to Mr. Erickson. I asked Sheryl Finwall to accompany me because I knew that she was well liked by Mr. Erickson and I felt I needed a witness and a person who could potentially arbitrate for me. We found Mr. Erickson in Joanne Futch’s office. I asked him if we could talk about what was said to Becky Cromwell and he verbally exploded and moved toward me and with a red face and a loud voice stated, “You are a fucking bitch, a traitor”. He continued making statements that I was disloyal to the Mayor and that I was “working with John Calkins and Councilmember Jones”. I attempted to talk to him but it was impossible. He approached me a second time and got very close to my face. He looked at me with bulged eyes and took a threatening stance towards me stating “You are a bitch”. I told him that a true man would not act like this, (use male aggression, stance, stature, derogatory gender based language), but would sit down and talk with me to resolve this issue. He refused and walked off. All of this was done in the presence of Joanne Futch, Sheryl Finwall, and Dale a young man with a disability who was looking on. There were also about 8 young men playing basketball, but I do not know if they overheard his statements to me.
After Mr. Erickson left, I was in shock. Joanne and Sheryl both apologized to me and stated that they too were shocked and they both stated that his behavior was out of line and uncalled for. I was very upset by his behavior.
I left and went to my office and immediately called the City Attorney, Ken Luce and reported the conduct. The City Attorney advised me to report this to the Mayor. I also called Sgt. Jim Pickett (acting Police Chief to report the incident). Sgt. Picket accompanied me to speak to the Mayor.
Sgt. Pickett told the Mayor that he had enough cause to arrest Mr. Erickson. I then told the Mayor what had happened. The Mayor stated to Sgt. Pickett that I had come to him before about Mr. Erickson’s behavior and that he had not done anything about it. He stated that he had been wrong to not help me then. He asked me if I would give him the chance to go speak to Mr. Erickson to help me and I agreed that I would but that I wanted to continue to make my report to the Police Department. The Mayor said that he would report back. The Mayor left immediately.
I did not see the Mayor again until the Council meeting that night and he made no attempt to speak to me about his conversation with Mr. Erickson. Mr. Erickson came to the Council Workshop and the Mayor acted in a cordial friendly manner to him and Mr. Erickson did not apologize to me. The Mayor had ample opportunity to speak to me after the meeting and he did not do so.
The next morning on the 5th, The Mayor was in City hall but made no attempt to speak to me. At this point I decided that again, the Mayor had ignored my request for help. I went to the King County District Court and obtained a temporary anti-harassment order against Mr. Erickson. While I was waiting for my final paperwork at the Court which was in the late afternoon, I received a call from Betty Garrison the Treasurer. Betty reported to me that the Mayor had asked her to type of a letter hiring Mr. Erickson for the position of Building Official/Code Enforcement Officer for $30 an hour. She told the Mayor that she did not want to do that and asked him to see me because that was my responsibility as the Personnel Manager. I was quite shocked by this because I felt it was very inappropriate to reward a citizen for harassing me by attempting to hire him for a position which was currently held by another Union employee, Roger Smith. It also showed me that the Mayor had no respect for me as a woman and a city official. I also believed that this action totally proved my belief that he had been disingenuous when he told me the previous day that he would go talk to Mr. Erickson on my behalf to help me.
The Mayor has the legal responsibility under Pacific Municipal Code Chapter 2.88, Equal Employment Opportunity to oversee this law which is required by local, state and federal laws. (See attached Exhibit A). It has also been reported to me that the Mayor has made been making statements to others that, “I was the aggressor”, in the incident with Mr. Erickson.
As the City Clerk, Personnel Manager for the City I am putting the City on notice that I have been discriminated against as a female employee, based on both my gender and my age. I believe that I have not been granted the equal treatment under the law that I entitled to and that the Mayor is required to enforce. I believe the Mayor has violated all of the following;
Federal Equal Employment Opportunity statutes.
Pacific Municipal Code- 2.88. 2.88.010, 2.88.020, 2.88.030, 2.88.040 and 2.88.050.
Specifically:
2.88.010-The city will not tolerate racial, ethnic, religious or sexual slurs or comments, or any form of sexual harassment, by or about any officer, employee, applicant or the public. By Ordinance 1153.
2.88.020
The Mayor shall oversee the City’s equal employment opportunity and nondiscrimination policy.
I am asking the City of Pacific to take the appropriate steps to discipline and cite the Mayor for his disregard of these laws. I am also asking that his actions and lack of actions be reported to the appropriate regulatory agency or commission which deals with the federal and state laws in regard to these statutes. I have called Councilmember Steiger and have asked him to contact the Council President, Leanne Guier for me as I would like the City Council to add this 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 A. Montgomery
City Clerk, Personnel Manager
To: City Council Members.
Re: Pacific Municipal Code 2.88- Equal Employment Opportunity
On June 4th, 2012 I informed Mayor Cy Sun That Howard Erickson confronted Becky Cromwell a member of Local Union 117, in the hallway of City Hall. He was accompanied by Leanna Mason who was the person that Mayor Sun had brought before the City Council on April 29, 2012 for confirmation to the position of Community Services Director. The City Council did not confirm her appointment. Mr. Erickson singled Becky out and used a common demeaning term used only with women to refer to me. He stated, “I’m going to get that Bitch fired, she was supposed to be out on medical leave and she was really in Connecticut selling her house.” Ms. Cromwell stated to me that he was angry, and hostile and she found his remarks to be shocking and inappropriate.
This is not the first time the Mr. Erickson has been in my workplace making inappropriate comments about me. The last time he was in an employee only area demanding to see my job description and questioning my authority to do my job as the Personnel Manager. This was reported to me by the former Finance Director, Maria Pierce. Mr. Erickson was angry because I had followed the City Policy and Procedure that in regard to the hiring of a Community Services Director and the candidate that he told the Mayor to hire, Fran Neumiller had not been selected for the interview process.
Maria Pierce came and told me and I went to speak to Mr. Erickson to find out what the problem was. We had a long discussion. I explained that I had followed the Policy of the City and that Ms. Neumiller was not qualified for the position and that therefore she had not been granted an interview. Mr. Erickson appeared to be satisfied.
In this case, I decided to bring a person with me to speak to Mr. Erickson. I asked Sheryl Finwall to accompany me because I knew that she was well liked by Mr. Erickson and I felt I needed a witness and a person who could potentially arbitrate for me. We found Mr. Erickson in Joanne Futch’s office. I asked him if we could talk about what was said to Becky Cromwell and he verbally exploded and moved toward me and with a red face and a loud voice stated, “You are a fucking bitch, a traitor”. He continued making statements that I was disloyal to the Mayor and that I was “working with John Calkins and Councilmember Jones”. I attempted to talk to him but it was impossible. He approached me a second time and got very close to my face. He looked at me with bulged eyes and took a threatening stance towards me stating “You are a bitch”. I told him that a true man would not act like this, (use male aggression, stance, stature, derogatory gender based language), but would sit down and talk with me to resolve this issue. He refused and walked off. All of this was done in the presence of Joanne Futch, Sheryl Finwall, and Dale a young man with a disability who was looking on. There were also about 8 young men playing basketball, but I do not know if they overheard his statements to me.
After Mr. Erickson left, I was in shock. Joanne and Sheryl both apologized to me and stated that they too were shocked and they both stated that his behavior was out of line and uncalled for. I was very upset by his behavior.
I left and went to my office and immediately called the City Attorney, Ken Luce and reported the conduct. The City Attorney advised me to report this to the Mayor. I also called Sgt. Jim Pickett (acting Police Chief to report the incident). Sgt. Picket accompanied me to speak to the Mayor.
Sgt. Pickett told the Mayor that he had enough cause to arrest Mr. Erickson. I then told the Mayor what had happened. The Mayor stated to Sgt. Pickett that I had come to him before about Mr. Erickson’s behavior and that he had not done anything about it. He stated that he had been wrong to not help me then. He asked me if I would give him the chance to go speak to Mr. Erickson to help me and I agreed that I would but that I wanted to continue to make my report to the Police Department. The Mayor said that he would report back. The Mayor left immediately.
I did not see the Mayor again until the Council meeting that night and he made no attempt to speak to me about his conversation with Mr. Erickson. Mr. Erickson came to the Council Workshop and the Mayor acted in a cordial friendly manner to him and Mr. Erickson did not apologize to me. The Mayor had ample opportunity to speak to me after the meeting and he did not do so.
The next morning on the 5th, The Mayor was in City hall but made no attempt to speak to me. At this point I decided that again, the Mayor had ignored my request for help. I went to the King County District Court and obtained a temporary anti-harassment order against Mr. Erickson. While I was waiting for my final paperwork at the Court which was in the late afternoon, I received a call from Betty Garrison the Treasurer. Betty reported to me that the Mayor had asked her to type of a letter hiring Mr. Erickson for the position of Building Official/Code Enforcement Officer for $30 an hour. She told the Mayor that she did not want to do that and asked him to see me because that was my responsibility as the Personnel Manager. I was quite shocked by this because I felt it was very inappropriate to reward a citizen for harassing me by attempting to hire him for a position which was currently held by another Union employee, Roger Smith. It also showed me that the Mayor had no respect for me as a woman and a city official. I also believed that this action totally proved my belief that he had been disingenuous when he told me the previous day that he would go talk to Mr. Erickson on my behalf to help me.
The Mayor has the legal responsibility under Pacific Municipal Code Chapter 2.88, Equal Employment Opportunity to oversee this law which is required by local, state and federal laws. (See attached Exhibit A). It has also been reported to me that the Mayor has made been making statements to others that, “I was the aggressor”, in the incident with Mr. Erickson.
As the City Clerk, Personnel Manager for the City I am putting the City on notice that I have been discriminated against as a female employee, based on both my gender and my age. I believe that I have not been granted the equal treatment under the law that I entitled to and that the Mayor is required to enforce. I believe the Mayor has violated all of the following;
Federal Equal Employment Opportunity statutes.
Pacific Municipal Code- 2.88. 2.88.010, 2.88.020, 2.88.030, 2.88.040 and 2.88.050.
Specifically:
2.88.010-The city will not tolerate racial, ethnic, religious or sexual slurs or comments, or any form of sexual harassment, by or about any officer, employee, applicant or the public. By Ordinance 1153.
2.88.020
The Mayor shall oversee the City’s equal employment opportunity and nondiscrimination policy.
I am asking the City of Pacific to take the appropriate steps to discipline and cite the Mayor for his disregard of these laws. I am also asking that his actions and lack of actions be reported to the appropriate regulatory agency or commission which deals with the federal and state laws in regard to these statutes. I have called Councilmember Steiger and have asked him to contact the Council President, Leanne Guier for me as I would like the City Council to add this 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 A. Montgomery
City Clerk, Personnel Manager
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
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
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