Pacific Mayor Cy Sun is destroying the city we love. He may be sincere, but his actions after one short year in office have caused almost irreparable harm.
We must act
NOW if there is any hope to save Pacific. This page details why the recall is necessary, urgent and our only hope to restore sanity to our city.
Showing posts with label council. Show all posts
Showing posts with label council. Show all posts

Thursday, April 4, 2013

Sun Hires Without Council Approval - Again

In case you missed the news the last day or so, Mayor Sun is back at it. He has hired a second Public Safety Director for the position currently filled by John Calkins. The hire was done without council knowledge or approval. News reports say Annette Spicuzza has moved to the area because of this job. She resigned from her last position at UC Davis in California after an investigation was very critical of her leadership following a controversial pepper spray incident with Occupy Wall Street protesters. More on Ms. Spicuzza's past is available here...

Wednesday, December 26, 2012

Vote On New Insurance Scheduled Tonight

The city council will vote on an offer for insurance from a new carrier at a special meeting tonight. News reports quote council president Leanne Guier as stating it is less coverage for more money, but it gives the city breathing room. It also means the recall effort to remove Mayor Cy Sun can move forward.

The regular council meeting begins at 6:30pm tonight. The meeting agenda is available via this link. KING 5 should run at story at 5pm tonight on the issue.

Tuesday, November 27, 2012

Council Meeting Report

The following email was sent today to the many readers of the Pacific City Signal News blog, run by Jeanne Fancher. It may be too late to attend the finance committee meeting tonight, but it is interesting to read about the last council meeting:
________________________
Hi Pacific News Readers,

The Budget discussions will continue tonight at the Council's Finance Committee meeting, 6pm city hall council chambers.

Last night at Council, an Ordinance to raise property tax income by about $13,000 FAILED, 

This changes the 2013 Budget income projection. Expenses have to be adjusted downward to match. Finance Committee is the next step.

An alternate "income" Ordinance 12-183X(8?) PASSED,
This Ordinance renews the Current levy rate, "banks" the 1% allowed increase for future years (due to the 101%/year rule on increases), and keeps projected 2013 property tax income from new construction.

These "changes" will be discussed tonight at the Finance Committee Meeting.

The Hearing on the Budget was continued, to be reconvened at the First "business" Meeting of the Council on December 10th

The First Reading of the Budget Ordinance was perfunctory, considering that due to the failure of the tax ordinance, all the bottom lines for Departments are up for change
.
A Second reading, and passage of a Budget Ordinance HAS to happen before the end of the year, or the City will have no property tax income.

Those in the Audience who came for "fireworks" were mostly disappointed at first, but if they stayed long enough, were rewarded. One public comment "for Items not on the Agenda", made by Bill Broderson, that the Public Notices were no longer posted on the Doors of the City Hall and that's how many people learn of city business, was noted by the Mayor.

During the Budget Ordinance section, Former Mayor Howard Erickson made a comment about street maintenance. He wanted to know what was earmarked for repairs, He noted the cracks in many streets. He said they should be fixed, so water did not get under the pavement and cause frost heave. Mayor Sun agreed and said streets were an important issue for him.

Dropping my "reportorial silence", I pointed out, that with few to no bi-monthy Mayor and Department reports, and few department "heads" to make budget recommendations, except for Police Chief Calkins, the department budgets could not be judged to be cost effective, nor supporting City Policies (such as the Comprehensive plan, Parks plan, Transportation and Capital facilities plans) because we (Council and Public) are not getting enough information. Despite an interruption by Mayor Sun, I was able to finish my comment

The Council Adopted Resolution 12-1216, authorizing the Mayor to execute an Inter local Agreement between the State Courts Administrative Office and City Court for Interpreter services.

On the Consent Agenda, 3 checks were pulled for separate consideration. Everything else was approved.

Pulled "warrants" were:
1) a check for about $280(?) to Mr. Howard Ericson, for work as the "City building inspector", under a verbal contract with Mayor Sun. The Council asked the City Attorney several questions about the City's legal responsibility, (the Council had no "contract" from Mayor Sun, nor did the Council approve the "hire" of Mr Erickson, as is required by City Municipal Code). Mr. Luce said the Council was under no obligation to pay Mr Erickson, The Council was advised that paying Mr Erickson could leave the City legally vulnerable because he was not a certified inspector. (FYI: we learned after the Meeting that Sound Inspections did re-inspect each of Mr Erickson's "sign-offs, and that Pacific's Building Inspector is required to be "certified" by the International Code Council.
www.iccsafe.org/Accreditation/Pages/default.aspx

During Public Comment on this Check, Mr Erickson spoke to the "emergency" (B.I. Roger Smith out on sick leave, on-loan B.I. Kelly Tally also took sick-leave) in building inspections, and justified his hire as keeping the building permit money flowing---


I pointed out that Building Inspectors are certified by an international council on building codes, and that as Mr Erickson had no certifications, he was not qualified to make inspections. I suggested that as Mayor Sun hired hin without authorization, he pay Mr Erickson out of his own pocket.
This Check (approval) FAILED.

2) A check to attorney(s) for Indigent Representation (Pacific-Algona Municipal Court) was approved, as the City is required to provide legal representation for those who cannot afford it.

3) A check for a Bill from the WA St Department of Retirement Services, for "retirement" that should have been collected during the entire eligible period of Pam Nelson's employment as Finance Director, going back to 2006, was questioned. Ms Garrison said this bill was run by the City Attorney to see if there was any way the City was not liable. Answer: No. Why? Answer: The City had revised the Personal Services Contract with Ms. Nelson (Temporary Finance Director). The revision made her a hired employee. Retirement was not deducted from her pay. Nor had the City paid it's half share. Ms.Nelson learned it should have been deducted, and matched, when she recently got a job with a municipality, and she informed Retirement Services, which sent the City a bill for the whole amount (over $20,000). Employers are require to submit both the employee's and the employer's contribution (which the City would have withheld). City did not, now it has to pay.
Council APPROVED the Check for payment
The City Attorney will, with Council approval, start proceedings to recoup Ms Nelson's share (half the bill).;

There was no Executive Session.
The Council Meeting was adjourned.


The above "report" is from memory. Don't trust mine.
I will be posting the videos to You Tube. I'll let you know when the first one is online----

I Hope some of you can make the Finance Committee tonight at 6PM.
It should be an informative meeting, as this will be the first opportunity to iron out the differences between the projected expenses and new income. Clint Steiger is the Chair. The Committee is NOT required to take Public Comment.

Best regards,
Jeanne



Tuesday, November 13, 2012

Pacific No More?

UPDATE: Friday, November 16, 2012 @ 9:16pm:

The motion to bring the city to its end is now available via this link here. Read it, then join us as we try to save our city by recalling Mayor Cy Sun from office.
____________________________________________

Dissolving the City of Pacific is officially on the table. The city council approved a resolution tonight that sets a February vote on the ballot to dis-incorporate the city. If things continue on the current path and the city looses insurance coverage at the end of the year, city leaders believe it will be the only option left.  Other alternatives are being explored, such as being absorbed into an adjacent city or finding other insurance coverage. The News Tribune has more details in their article here...

Mayor Cy Sun  has set Pacific on a disaster course. His attempts to correct the mess he has created are too little, too late. He needs to leave office now if there is any hope of saving our city. Please consider  helping our recall efforts. Email us at recallcy@gmail.com to volunteer.

Friday, November 2, 2012

Hail Mary Pass Thrown

In what some have dubbed a 'Hail Mary Pass", the Pacific City Council met briefly last night to pass the resolution below.The city is requesting help finding and funding insurance from anyone they can think to ask. Council President Leanne Guier was even authorized to send this request to anyone else she finds that may be able to help.

We need to remember the sole reason we are faced with this crisis is because of the actions of Mayor Cy Sun. He may be sincere, but he is unwilling to learn how to effectively govern. We deeply respect his service to our country as a war veteran, but Pacific is not a battlefield filled with enemies to kill. We are people who want to live in peace and raise our children in security.

Even though the council has agreed to fill three of the seven critical vacancies finally brought forward by the mayor, the crisis is far from over. The mayor has created a harsh,unstable working environment. It is challenging to attract any qualified applicants right now, or for Mayor Sun to agree to hire qualified people. We are nowhere close to ensuring we have satisfied the insurance company and the city will have coverage on January 1, 2013.

In the midst of the crisis, Cy Sun has chosen to spend precious time and energy to fight the recall petition and delay a vote - despite stating he would welcome the voter's decision. His decision to fight the recall rather than focus on governing this city speaks volumes about his true motives. Remember why we are in this crisis and who is responsible. And then help us restore sanity to this city while there is still time. Email us a recallcy@gmail.com if you want to help.

Monday, October 29, 2012

Council Meeting: Oct. 29, 2012


Highlights from the meeting tonight: KING 5 and KOMO were in attendance, so check their web sites for stories.

  • Three vacant city positions were filled tonight; Patty Kirkpatrick as city clerk, Betty Garrison as finance director and Sheryl Finwall as community services director. The council voted unanimously to confirm each with the exception of one no vote on Finwall from Councilman Jones.
  • Ken Barnett was not able to attend the meeting to be confirmed as public works director. That discussion was delayed until the next meeting.
  • Another special meeting has been scheduled for this Thursday night at 6:30pm to discuss the resolution below asking any and all to help fund insurance for the city.
  • The meeting last week with the current insurance company and town officials confirmed that they want to see the administrative positions filled and to see the council and mayor get along. Mediation services have been agreed to by both the mayor and council.
  • Dis-incorporation needs to be put in place just in case the insurance issue cannot be resolved. The resolution must be approved 90 days before an election to get it on the ballot for a special election. The council is aiming for the February 12, 2013 election. They can cancel the special election anytime before December 28th. They hope the situation will be clear by then and they can decide to pull back or proceed with dis-incorporation.



Wednesday, October 24, 2012

Council Meetings

City business is conducted, in large part, at council meetings. Direction is set, decisions are made and policy decided that determine the direction for our city. The mayor is required by law to run the council meetings. If he cannot, the mayor pro-tem takes over.

Among many other problems created by Mayor Sun, he has been unable or unwilling to run the city council meetings - usually leaving before public comment where residents express their frustration to him. Sun has offered a wide variety of reasons for walking out or missing the meetings. The council has made valiant efforts to accommodate the mayor's hearing problems, but Sun will not work with them.

If you want to see for yourself how our mayor runs the meetings and some of the reaction from those trying work with him, these resources are available:

Tuesday, October 23, 2012

January 1, 2013 In Pacific




Pacific police disbanded, senior and youth services cease to exist, water and sewer assets are surrendered to some unknown entity, municipal court disbanded - this is an outline of the stark reality our city leaders are facing in just 10 short weeks. The Pacific council is doing all they can to save our city. They have been working with the city's insurance company, trying to find solutions. They have explored other insurance companies but not found an answer yet.

In what must be one of the most heart-wrenching tasks imaginable, the council has begun to prepare for the loss insurance on January 1, 2013. This is new territory. The council has asked for help from MRSC, the state resource for municipal governments. Even after weeks of research, no one is completely sure what Pacific will look like with no insurance. This spreadsheet is a work-in-progress, but represents what will happen very soon unless there is a drastic change in course.

The council president will meet with the insurance company, the city attorney and the mayor this Thursday to plead for more time or to find some other solution. Given the impact of insurance loss listed above, we hope some agreement can be reached.

The council will hold a special meeting on October 29th at 6:30pm to discuss dis-incorporation. Please attend if you can. We believe public comment will be allowed.


Tuesday, September 11, 2012

Last Night's Council Meeting Highlights

The council meeting on Monday night began with Mayor Sun announcing that he can no longer chair the council meetings as required by law. He claimed he was being discriminated against because of his hearing impairment. Sun had picked Council Member James McMahon to conduct the meetings on his behalf, but council rules require that the mayor pro-tem (already predetermined by the council) take over when the mayor is not available. Sun said he would be in his office if needed and left the meeting. He was seen leaving the building a short time later. Mayor pro-tem Council Member John Jones took over the meeting.

During public comment Gary Van Hee congratulated the council on their courage and for filing the Writ of Mandamus. He hoped the move plays out in a positive way for the city.

Council Member Josh Putnam noted they are finally caught up with the financial statements through July. Jeanne Fancher asked for clarification about a rumor that $10 million in city funds had been lost and then found. Putman explained there was a mistake on how the money was coded in the budget. The state determines the codes and they are always changing them, so it can be hard to stay current.

Lt. Massey reported that the mayor has authorized the replacement of one officer and the recently retired evidence technician, leaving one patrol officer position still vacant. The department started a background check on an applicant for the officer and they have scheduled an oral board review for the evidence technician position.

Council Member Steiger expressed concern that the mayor wants to hire people to fill his proposed new positions, like a city administrator. He felt the mayor should fill the jobs based on current job descriptions, not try to fill proposed jobs. The council considered a motion recommending the mayor only hire for existing openings, not proposed ones. Putnam wanted to change the wording on the motion to a more positive tone. Steigner felt that being nice had not gotten the city anywhere and he felt it was time to stand up and take a strong stand. Guier felt the writ of mandate was a strong stand. The vote on the motion tied.

Council Member Gier was concerned about if/when next year’s budget would be proposed, which is due from the mayor to the council by October 1st.

Putnam announced that the city’s insurance renewal date was September 1st. The insurance company had allowed the city to renew the policy only until December 31st at a higher rate.

Washington Survey and Ratings Bureau (WSRB) had contacted Pacific’s building inspector earlier this year. WSRB rates cities for insurance companies. Their ratings determine the cost for homeowner and other insurance within the city. When the building inspector (who is out on medical/stress leave) did not respond, WSRB sent the inquiry directly to the mayor. When Sun did not respond, WSRB started the process to change Pacific’s rating from a 3 to a 99, which would have made it impossible for anyone to get insurance within the city limits.

The city attorney happened to come across a letter from WSRB, which he handed over to Sound Inspections (who the mayor has been using for building inspections without authorization from the council). Sound Inspections owner Frank Mellas explained how he was able to intervene with WSRB and convince them to not change the rating for Pacific.

The council then debated paying the outstanding bill from Sound Inspections, with concern on one hand about not rewarding the mayor's improper actions and wanting to pay this contractor who had just done such a good thing for the city. The motion to pay the bill passed by a 4-2 vote.

Wednesday, September 5, 2012

The Chaos Continues

To say last night’s city council workshop was interesting would be an understatement.  Confusing, chaotic, almost insane might better describe the mayor’s new plan for staffing the city. It appears, amidst the bewildering presentation last night by Mayor Sun, that he wants to contract out vital city services, which he assumes will only be part time (like building and permitting, including using college students) and add more employees in other departments.

Here is a summary of the more interesting parts of last night’s discussion:

The mayor proposed contracting with AHBL and Sound Inspections for planning services, inspections, code enforcement and parks. College students will be invited to write a thesis for Pacific. Sun expects this contract work to only be needed part-time at $165 per hour. Sun said he will bring the contract to the council next week.  It appears AHBL would serve as public works director and decide who is awarded contracts, including engineering work that they would potentially bid on.

The mayor then proposed turning 10 acres that belongs to the state Department of Natural Resources (DNR) into a new park. The council expressed concern because it is over 70% wetlands. They also felt that the price DNR would have to sell the land for was too high. The mayor said he is moving ahead with his plan regardless of the council and expects it will only require 15 to 20 hours of AHBL’s time.

The mayor’s new preliminary organizational chart lists several new names of people in positions that are currently vacant or new positions Sun wants to create. When council members questioned him about the correct hiring process (advertise, choose qualified people, don’t hand-pick before the application process even starts), the mayor raised his voice and yelled, “It’s only preliminary!”

Council Member Husley pointed out that according to city code, the city administrator also serves as the finance director. The mayor said he had not seen that. As more questions were asked about his organizational chart, the mayor told the council he did not expect to answer questions at the workshop, he only brought the chart to show them. He was up against a deadline and he was giving “you people a head’s up.”

Sun then asked the council to approve the job description for the human services director, which is already laid out in city code. The council asked him why he wanted approval for something that is already in place. Sun yells again, saying he has to have “you people’s” approval so he can move forward on other positions.

The mayor then asked Sheryl Finwall to speak to the new position she has been working on with Council Member Guier for community services, but she appeared confused.  Finwall and Guier have been exploring replacing the director position with a manager at a lower pay rate. Finwall was prepared to explain the new position of bus driver. Ms. Finwall said she can’t write grants and other program details like she needs to while working at the senior center. Husley mentioned that some of the senior don’t like Finwall, but she responded by saying she is busy with administration stuff so she can’t do the social stuff. Finwall had trouble remembering the name of the retirement center in town.

The council asked Finwall and Guier to work out more details of their proposal. Sun responded in frustration, noting this is the first time he has brought his hiring to the council first before just hiring someone.

Sun then asked the current city treasurer to address the job description for finance director. Sun appeared to think treasurer and finance director were the same job (they are not). The mayor has modified the job description and asked the council to review it over at the next workshop. Council Member Guier suggested the issue be looked at the council’s finance committee first.

Sun then explained that he had removed the personnel and human resource duties from the city clerk’s position. The council asked the mayor who would do those duties, if the mayor was proposing adding yet another new employee for that work. Sun said he had not decided yet, he just knew he did not want the clerk to have those responsibilities. Council Member Steiger expressed frustration, telling Sun he should present a full scope of his city staff proposal, not piece-meal. Sun responded by yelling that he is the executive branch.

The city attorney notified the council that the writ of mandamus would be filed in court the next day (a court order requiring the mayor to perform his duties under the law, not as he wants). The attorney had contacted the mayor over the weekend and asked to meet with him, hoping for cooperation so the city could avoid this additional cost. The mayor refused.


Monday, August 13, 2012

Council Meeting Tonight

There will be a chance to voice your concerns directly to Mayor Sun tonight at the regular council meeting - 6:30pm at City Hall. You are encouraged to attend and use your three minutes of public comment to state your opinion or ask questions about issues not on the agenda below. There is also public comment allowed during discussion of the agenda items on those specific issues.

Ignore any fake notices posted on doors that the meeting is canceled; which has been a problem in the past. If the meeting is truly canceled, there will be someone to officially announce it.

Of growing concern for many is the hiring freeze that is taking a huge toll on our police department. Pacific City Signal News has a good evaluation on normal staffing levels and what Pacific is now facing (link here). Between injuries, loosing officers to other departments and support staff retiring, the department is facing critical shortages. The mayor refuses to allow replacements and is trying to fire four additional officers.

Please join your neighbors tonight in calling for Mayor Sun to do what is right for this community and step down. As always, civil words and actions are easier to hear and have greater impact, so no matter how mean or vocal the opposition may be, you deserve to be heard. It is imperative that we come together now as one voice and save our city.





Wednesday, August 8, 2012

City Council Update

Monday night, the city council received an update on several issues. Among them:
  • Police: The mayor has imposed a hiring freeze on the department. The Evidence Technician is retiring this month and cannot be replaced. Officers will process evidence, keeping officers in the office rather than on patrol. 
  • The hiring freeze was enacted while the department was in the process of filling a vacancy. A second officer is in the hiring process elsewhere and may be leaving. That means two officers lost with no replacement, placing even more strain on the department as well as the budget impacts from overtime.
  • Streets: The Stewart Road/Valentine project is out of compliance with the grant requirements. The only way to get back on track involves extensive engineering time. Without a city engineer, consultants will have to do the work at $100 to $240 per hour. The Valentine/136th project that Sumner administers is doing well now that Sumner is running the project.

Tuesday, July 24, 2012

Council Vote Of No Confidence

The council has tried to work with Mayor Sun since he took office 6 months ago. But his continued hostile, abusive and dishonest actions put the city at risk for lawsuits; as does the mayor's refusal to follow the laws on how to manage a public organization. After repeated attempts to work cooperatively with the mayor, the council took a vote of no confidence against Mayor Sun in April. Things have only gotten worse since then...

Insurance Canceled (Again)

When Mayor Sun's good friend Howard Erickson was mayor the city's insurance was canceled, sending the council scrambling for a new policy at a higher cost. Sound familiar? Vital insurance coverage is once again scheduled for cancellation. There are only a few insurance carriers with policies to cover cities. Is there even a third carrier available to choose from? More importantly, would they be willing to risk covering the city under the current conditions? If so, at what cost?



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

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