Grand jury chastises South Lake’s council, city manager
By Kathryn Reed
Dysfunctional is the overwhelming feeling the El Dorado County Grand Jury has of the city of South Lake Tahoe – primarily the council and city manager.
The seven pages devoted to South Lake Tahoe in the 2009-10 Grand Jury Report that came out this week are scathing.
“Council members and senior staff are unwilling or afraid to address and deal with the existing hostile work environment,” the report says.
“Bickering”, “nitpicking”, “back biting”, “bush league” – those are some of the words and phrases in the report.
This civil grand jury made up of 19 county residents issues a report each June based on its investigations during the past year. This particular report touches on the Brown Act, council behavior, Councilman Bruce Grego’s repayment of an outside legal counsel bill, City Manager Dave Jinken’s behavior, how City Attorney Patrick Enright coached staff to talk to the grand jury, and the general climate of the city.
The panel interviewed at least three council members –Kathay Lovell, Bill Crawford and Hal Cole. Councilman Jerry Birdwell said no one from the grand jury contacted him nor did he contact them. Grego did not return calls to Lake Tahoe News.
Others interviewed by some of the grand jury members or the full panel include this reporter, appointed city staff (the city manager and city attorney are the only ones who fit that category), city employees, and a trainer of municipal officers and employees. It is not known if other media were questioned.
The document, which is a public record but is not currently on the county’s website, rips into how the council works together, or rather, doesn’t work together.
Cole concurred with this assessment, adding that he, too, believes personal agendas take precedence over policy. He hopes three candidates come forward for the November election who will change the makeup of the council so it functions better.
(Lovell is running, Crawford isn’t, Birdwell is weighing his options.)
Cole was also critical of this reporter who has written about actions from closed session. He said that was wrong. One item reported was the vote on what to do with Officer Johnny Poland. Some council members believed that vote needed to be disclosed based on the Brown Act, others disagreed.
One of the recommendations of the grand jury is for the council to adopt a code of conduct and ethics and receive conflict resolution training.
“I do disagree with their thought that the City Council has not had appropriate ethical trainings,” Crawford said. “It’s mandated by law we have an ethics session every two years and we have done that. I think the grand jury is correct, if I read between the lines, that there is a question among the City Council about ethical behavior.”
The grand jury addressed Grego’s reimbursement of nearly $1,000 to have attorney Dennis Crabb handle a potential conflict of interest issue with the Fair Political Practices Commission.
The grand jury wrote, “California State Law clearly states that government contracts for payment may not be backdated. All unusual expenditures should be approved in open session.”
District Attorney Vern Pierson did not return a call asking him if his office would revisit the issue now that the grand jury has weighed in.
The report further states, “Testimony supports that City officers and employees at times operate using accepted historical practices that conflict with official written policy. This has resulted in misunderstandings, contentious City Council meetings, and a public impression that the City’s government operates outside the law. These misconceptions could expose the City to lawsuits.”
It accuses Enright of crossing the line when it came to coaching staff about what to tell the grand jury.
Enright said via email, “… I have barely had a chance to review the report and will need to review it carefully next week before responding.”
The grand jury essentially said the council abdicated its responsibility at crucial times.
“The City Council, when facing controversial issues or after threat of litigation, routinely drops issues, even if addressing the issue would improve the function of government or service to the public,” the report says.
Another issue brought up in the report is all of the couples who work for the city. South Tahoe does not have a nepotism policy. The report shows how staff is afraid to say something about one person for fear of retaliation for being critical of a family member. The report says the city needs to address this issue to create a better work environment.
Jinkens took the brunt of the heat from the grand jury.
“The City Manager, fearing loss of supervisory control of the Finance Director, advised the City Council that the Finance Director would probably file an official complaint against the City Attorney and the City charging them with harassment if the move took place. This statement was viewed by some employees as a threat by the City Manager,” the report says.
One of the confusing things about the report that will make it hard for the public to understand is that just titles are used and not names. With there having been two city attorneys for much of the time of the investigation and different mayors part of the time, it takes knowing a bit of the city’s history to know who is who.
Based on stories written by Lake Tahoe News, the above reference is to when Jacqueline Mittelstadt was city attorney. Mittelstadt did not respond to a request to comment on the report.
When the report takes issue with the mayor not putting something on the agenda, it is Lovell they are talking about.
Other references to Jinkens in the report include, “During a contentious June 30, 2009 City Council meeting it was suggested that the City Manager should resign. Testimony received indicated the City Manger later threatened to file a Workers Compensation claim, hire outside counsel and sue the City.”
It further says, “The City Manager used intimidation to retain control over parts of government.”
Jinkens sent an email to the council, Enright and City Clerk Suzie Alessi on Thursday afternoon that he shared with Lake Tahoe News the next day. It says, “While I do not agree with all of their conclusions and their understanding of the facts in all cases, I understand their right of the Grand Jury to examine the operation of local government and report their findings. My hope is that the very unpleasant experiences of the last year that we have endured will be lessons that will help us all to build a more positive and productive future for the people we serve.”
Jinkens, whose last day is Aug. 7, did not want to talk further about the report. He said he and Enright will create a draft response for the City Council in the next two weeks. The council has 90 days to respond to the report.
Well, this article and the Grand Jury report are sure to elicit strong responses from the “usual suspects”. I don’t really know all the characters and back stories well enough to make any kind of well considered, intelligent comment. My only request is that everyone who does comment drop the pseudonyms, use your real name and stand by what you have to say in the full light of day. Using a pseudonym makes it too easy for anyone to say any irresponsible thing they want and not be held accountable. My name is Jonathan Moore.
DUH
No surprise here. Citizens have known this for some time.
Dissolve the city now, return it to county control. End the duplicity, redundancy, bickering, pettiness, higher taxes, unnecessary consultants, wasted time and effort.
It appears that many of our own suspicions were well founded. The city council goes ahead and makes up the rules as it goes along, to conform to the crisis of the moment.
Who is taking lessons from whom? The federal government from our city, or SLT from the feds? They’re starting to resemble one another in disfunctionality.
The only thng that matters now is the comments by the individuals who have been pointed out for poor ethics and behavior by the grand jury. Will Lovell step forward and admit she was part of the problem and rescind her intention to run for re-election. Will Greggo step up and discuss his lease and resign for behavior not within standards regarding the reimbursement, the ski run bid and god knows what else. Will Enright resign for coaching those who went to the grand jury. Cole agrees with the report, Hal, you are part of the problem. Will Kae ID those indivuduals in a clear and concise manner that were pointed out in the report.
I agree with Dryclean. Don’t just lump all the council members together and say they’re all bad – – separate the ethical ones from the unethical ones. And remember who is who at election time.
How/when can the public read this report?
DISSOLVE CITY NOW. For overall better services.
The El Dorado County Grand Jury report for this year will be posted shortly on the Grand Jury’s section of the County of El Dorado website. Bound copies will also be available for public viewing at each courthouse in the county.
Good for the Grand Jury for looking into this! Granted, all of us who observe the Council closely are not surprised by the Jury’s conclusions!
I don’t know how much more detail is needed when it’s clear Jinkens is the problem and it’s crystal clear who on the Council backs him. And thus, for whom he does favors!
And good for Councilman Cole for seemingly accepting the report! Hopefully this Grand Jury report won’t be dismissed like the previous one that pointed out the problems with the PD was?! If that report had been heeded by Jinkens and his backers on the Council, the City would’ve at least saved some of the costs related to the Poland matter!
What the public must do now is realize their perceptions were correct. Our city government is run like the wild west. And now individuals who can make time need to step forward in our next elections to bring in 3 fresh, individuals (not family members) to help SLT move forward in council. Or as Steve mentioned, return control back to the county instead of our bumbling idiots with their own agendas.
Dissolve the city now, return it to county control. End the duplicity, redundancy, bickering, pettiness, higher taxes, unnecessary consultants, wasted time and effort. And let’s all move back to the nineteen century.
Fortunately the City fathers and mother do not have the same clout as the Board of Supervisors.
The 93/94 Grand Jury report revealed the dirty politics of the BOS. The good old boys on the board, including Upton and Nutting refused to release that report. Long story short, the furor ended with DA Gary Lacy bucking the main dirt up to General Dan Lundgren. Danny then appointed Scott Thorp the “Fearless Prosecutor of Nellie Nessler” to take over the dirt, ending the story. Except for the appointment of Hal Barker, as foreman of the the BOS do nothing, not so Grand Jury of 93/94. Hal was aided and abetted by Judge Freckles Smith.
Election time will come and this report will fade in the memories of the voters and it will be the SOS.
“I’m in total SHOCKED TAHT THIS COULD HAPPEN in a nice Town”
hUMMM.MMM……….
How much do the council members get paid??? I have found that you usually get what you pay for, and it’s hard to get volunteers who are really dedicated and willing to put in the effort required to get stuff done correctly. If it paid enough to cover the cost of living, I’d probably run for city council.
read the report. let everyone you know hear about what mayor lovell did or was part of. she in the only one running for re-election. work hard to educate your frends, family, co-workers. this is the only way to stop this behavior from continuing.
We always knew there were several council members with special interests. Hal Cole recently deeded his property in the redevelopment area to ?? family member so that he could vote on redevelopment issues. Kathay Lovell protects Police and Fire because her husband is an EDC Sheriff and other close relatives are in law enforcement. Jerry Birdwell has a bed & breakfast business on Ski Run and still votes on issues related to business licenses and transient occupancy taxes. Bruce Grego stated emphatically that he ran for office so he could vote on redevelopment issues and hired attorney Dennis Crabb to deal with the potential ‘conflict of interest’. Let’s see, what is his interest in redevelopment? Bill Crawford is finally not running again, but his wife is. More opposition just for the sake of opposition? Aren’t he and his wife anti-government?
The document is up on the county web site. Case No. GJ 09-008. Very interesting reading.
We don’t need Lovell coming back,let her pour her ice cream somewhere else.
Yes the report is very interesting, although nothing in it is a surprise (except for the raunchy sex poem).
Time to fire them all, immediately, including the manipulative city manager. Time to throw all the babies out with the bathwater.
Dissolve the city, return it to county control. If Tahoe City and Incline Village can do it so well without separate and redundant city municipality, so can we.
Steve I’m with you,couldn’t hurt to try.
The town does need some new faces.
Kathy girl, you need to not run, get out pseudo gracefully while you can. Greggo, time to have that heart attack those 280-320 pounds you are carrying is waiting for. Enright it was nice knowin ya for a year or so. Bad advice Mr, attorney
Parker your right on all counts, I believe she has another “relative” in the Fire department also.
Parker, if all of this nepotism is accurate, can you provide the names of the son and relative in the fire department so that the general public has the facts prior to fall elections please.
The Grand Jury says there’s a problem beyond a few people being related, they found a large number. Someone has to question how that’s possible. Start with a list of who is related and how pervasive the problem really is. There’s a breakdown in the hiring practices, internal training, good HR policies, or what others in good organizations know as standard operating procedures. Friends working at the same place is one thing, but family members is unheard of except in family businesses, but not in governments. Families present tremendous conflicts and pressure for other employees.
Folks, how could our City government been allowed to get this like? The report you can read on the County’s website, it tell us citizens to demand more from our government and we should. This report demands serious changes or the City will be spending all our money on lawsuits for years to come.
Why do we have to wait for the election? Demand action now, right now.
Unbelievable, literally unbelievable. Grand Jury has issued its findings slamming the City.
Grand Jury confirms what has been reported that Grego’s payment was not proper. Accept their findings and resign Grego, you got it wrong, accept it.
Families are a problem at the City and it takes a Grand Jury to figure that out? Then the HR Department isn’t doing their job. There should be a policy that no relatives of those in HR, city manager, senior managers, attorney and elected officials are related to anyone that should be easy enough.
What has the City Manager been doing all this time running that ship aground according to the investigation.
For the sake of J.Q. Public, we deserve a better government
All agency’s up here have a large amount of related workers, it’s the norm for up here. They all hire out of the same temp agency and workers are notified first that they need someone so they send their family down there and get in before anyone else has a chance to know it and I say why not? You will never stop it so why bother, this town will always be the same with the same players until we allow the County to get involved or get paid councilmembers and a Mayor. I keep bringing this up in the hopes that some will see that the way we are going doesn’t work. Anyone running for council will have a stake in this town or own property or a business because the gene pool is small up here and getting smaller all the time. Locals who want to get involved can’t because we have to work two jobs just to stay ahead. Bill Crawford told me once that ” Who is willing to give up four years of their lives for this?” when I asked him about a Paid Full time Mayor. Well isn’t that what the councilmembers do now? Nothing will ever change in this town until we change the system as evident of the same ole same ole Grand Jury Report that will never get listened to and shelved as in the past by current administration and past reports. We cry this and we cry that but this will fade and we will be right back to politics as usual as the real locals head off to their two jobs.
While confident in the accuracy of something I previously posted, it was felt that it did not hold up to a high enough evidentiary standard for it to stay posted. I will instead then just refer to a Tahoe Mtn. News story in either its June or July ’08 issue.
The story was about the SLTPD hiring of Kathay Lovell’s son, Ryan Waggoner. In it, neither Chief Daniels, City Mgr. Dave Jinkens, or anyone else in the City or PD would make public (to the taxpayer who’s paying their bills!) the standards or basis for which SLTPD hiring decisions are made.
It should be noted that any inaccuracy or misinformation that may be out there about what goes on in the City Govt. could be cleared up BY the City Govt. if it was open and honest! AND it should also be noted how that Mtn. News story foreshadowed the Grand Jury Report!
Skibum you are completely wrong, hiring friends and family is not tolerated by any other government why should it be by ours? You mean out of 24,000 residents and the entire state we can’t find qualified people? Don’t give in to bad HR polices.
Parker, the scores used in hiring are not public information, but your point in calling into question conflicts of interest should outweigh the privacy of personnel. The City must have known there could be a conflict issue and all they had to do is make sure that no one who knows Lovell, or her family, or is related to her family or friends were on the hiring panels or interviewed the guy. As long as their HR procedures used people unfamiliar with the Lovell’s then Ryan’s hiring would be objectively scored.
It all goes beyond Lovell though, its the elected officials like her allow these kinds of questions to arise by not recusing their vote when anything related to their family connections show up.
When is someone going to compile a list of who is related to who?
Embarrassed. Sums up what its like to read the report and hear the responses starting to come out. Lovell continues to blame Crawford, which is exactly what the investigation said these people do, bicker. Jinkens is going to disagree with it all and try to say it isn’t so, that’s what the report says he does, intimidate and manipulate. Grego won’t address it, he’ll ride the DA’s response thinking we won’t remember the DA said let the Grand Jury decide.
The right response is to accept what your community and your employees had to say, who apparently told investigators things you need to hear. Its not the Grand Jury who thought these things on their own, they got their information from your people.
WE THE PEOPLE OF SOUTH LAKE TAHOE, IN ORDER TO FORM A LOCAL GOVERNMENT TO CARE FOR OUR NEEDS, TO INSURE DOMESTIC TRANQUILITY FOR OURSELVES LOCALLY, TO CARE FOR THE COMMON GOOD, CAST OUR VOTE AND FORMED OUR CITY, that each of you now named by the Grand Jury, the City Manager, City Council Grego, Lovell, Crawford, City Attorney, have TRASHED OUR LOCAL GOVERNMENT so says the report as told to them by WE, your community, your employees, your friends, neighbors
LISTEN TO THE PEOPLE
J Q, you are completly wrong if you think there are 24 thousand residents in the city. After talking with the Census takers, city staff (anonymously) Real Estate agents and long time locals as well as my own observations the actual number, “My Opinion Only”, is about 16,785. Also I only said how it happens that certain workers get into the fold of government up here and that has been the norm forever. Which Government are you talking about when you say it’s not tolerated anywhere else? Just curious.
I agree with James, not only an embarassment, but I think a call to action on behalf of all of us.
At first, I thought the reccomendation from the Gr. Jury was belittling, that the community nbeeds to be more involved…blahblahblah.
But on second thought, and after seeing the ‘resaponses’ which are nothing more than platitudes, I think a recall may be a good thing to look at.
What if we wiped our city’s slate clean?
What if we chose to represent ourselves with people who have those 2 jobs to make it work, rather than those who own half the lots in redevelopment areas?
What if the regular, disc-golf playing, non-business owning, family raising, laid-back yet ever struggling Tahoan were the voice of our city?
we need some fresh blood in our Govt.!!!!
Lets all take a lesson from the girl scouts. When they want to sell cookies they go door-to-door, they stand outside the supermarkets, they send their parents to their workplaces and ask people to committ to buying boxes of cookies. The best way to make sure the voters know what the issues are and what the grand jury said is get out and tell people face-to-face. If you think the bloggers here represent the knowledge of most of the SLT voters you are kidding yourself. Most voters don’t get any exposure to local news media. Most watch CNN, ABC, NBC, etc. or listen to NPR or visit MSNBC.com, or cnn.com, etc. None of which cover SLT’s grand jury report. The only way to is talk to people in person.
dryclean, pound the pavement and the flesh and kiss a few babies while their at it, you are correct in your observation. They need to get outside the box.
second generation 63 year Tahoe taxpayer
Our local, state and federal governments are plagued with corruption. Until we DEMAND accoutability, I see no investments from the private sector.
The basin is also top heavy in government regulation leaving any growth unsustainable. Welcome to the new America
What a mess :(
Many issues here:
1. Looks like some training on proper conduct and ethics for council members would be good, especially since I assume the majority of them are NOT trained Politicians/Lawyers. Not sure what all of their backgrounds are, but the results of the Grand Jury kind of proves they were struggling to put it mildly.
2. I don’t know if the city has a mission statement or something similar to help guide them in their decisions, but something along the lines of “We are a city first, and we also play host to one of the most beautiful National resources in our country, but let us not forget we are a community first. This is not Disney South Lake Tahoe, yes, decisions related to tourism affect our community, but we should not become slaves to the service industry. The community’s health comes first, and that does partially involve the promotion of tourism in our city.
3. We need to get people on the council that can and will do the “RIGHT” thing. To achieve this, maybe we need to look at the package offered as others have said. I’m thinking it should be a reasonable salary that one could live on, nothing too exorbitant. I don’t know what is currently offered. It is not a very appealing position, as who in their right mind would be willing to step forward, take on such responsibility, always act for the good of the community and never for friends, family, or tourists (unless it meets the criteria of “good for the community”, and make controversial decisions that are never going to make everyone happy, but these are the kind of people we need if we are to have any hope of getting things back on a positive, forward moving track.
In my opinion, I think we need our community to grow in order to become healthy and viable, this is where we should be focused. If our community continues to focus on tourist needs first, and not on it’s community members it will become a Disney (fake) fairy tale land, with workers bused up daily to run the operation. Probably a harsh, and maybe unrealistic view, but also to some extent possible.
Care, I came up with a budget for paid council members and a paid mayor about a year ago and I took it from the airport and possible future collections from HV and ticket sales. When it was all said and done I had enough to pay the council approx 65K a year and the mayor 85K a year plus benefits and per diem. I also took half what our CM makes as his workload and responsibility was going to be cut in half. The airport still had a budget of approx 290K or about cut in half as the rest is rented and the city should be paying rent and we also own the airport outright. Do you think it went anywhere?? Nothing will ever change in this city. “Major Changes” are needed as put by the Grand Jury but not the Skibum as he doesn’t know squat. lol