SLT’s censure of Conner challenged in court
By Kathryn Reed
JoAnn Conner is seeking legal action to have the censure imposed by her City Council colleagues be overturned. She is also asking to have a court rule that the ban on her speaking to city staff is illegal.
Her attorney, Jacqueline Mittelstadt, on Dec. 9 filed the paperwork in El Dorado County Superior Court in South Lake Tahoe. An administrative writ and complaint for declaratory release were filed, with the city expected to receive the paperwork on Friday.
The City Council, anticipating the filing, has called for an emergency closed session meeting for Dec. 11 at 2pm to discuss the matter. The council will likely have to hire outside legal counsel because City Attorney Tom Watson would be a witness in the case. This may mean altering the budget to contend with the unexpected litigation.
JoAnn Conner
Watson did not return a phone call.
Mayor Wendy David said she had not seen the court filing and therefore could not comment.
Mittelstadt, who at one time was the city attorney for South Lake Tahoe, said the main issues at stake involve censure, Conner’s ban from talking to city staff, and the right to public records.
Her first allegation is that the censure imposed Oct. 19 is unconstitutional and that it violated city protocols.
“No. 1 they need to follow the law. If nobody does, there is no accountability. There needs to be accountability,” Mittelstadt told Lake Tahoe News. “If we don’t do this, they will never change their behavior.”
She believes how the city went about imposing the censure is not legal.
In September City Manager Nancy Kerry put out the mandate that Conner not be allowed to talk to staff because she was allegedly creating a hostile work environment and that some employees had filed grievances against the councilwoman.
Mittelstadt said no proof of these grievances has ever been shown to Conner. She cited cases where all of this information would not be protected under the personnel umbrella, as the city contends it is, and that some emails should be public record and that other personal information could be redacted.
Plenty of examples can be found as to when Conner acted unprofessionally – with the Dec. 7 City Council meeting an example. The way she interacts with people and then expects her business to be treated differently than others was on full display Monday. But none of this is illegal.
Members of boards she has been on and others she has worked with as a council member have cited publicly their inability to work with her. While her behavior may be offensive, it has not been proved to be illegal.
According to Mittelstadt, the city hasn’t even proved Conner’s behavior is hostile as defined by law.
The city claims Conner has left a paper trail of her abusive nature. Lake Tahoe News through the Public Records Act obtained emails between Conner and Kerry. There is nothing provided in those emails that points to Conner being particularly difficult nor were they offensive.
While the city in the past has claimed Conner was creating a hostile work environment, Mittelstadt says that is not the case.
“They are willy-nilly preventing a public official form engaging in free speech,” Mittelstadt said.
I don’t have a dog in this hunt, but I sure would like to see this saga over with.
Like it or not, she won election fair and square to the city council to represent the voters, citizens, and the public. I do not appreciate the rest of the city council taking the action they did, notwithstanding her objectionable or offensive language how do they know Conner is not acting in behalf of the citizens who elected her?
I hope she and her attorney force some common sense into the rest of them and prevail; these clowns couldn’t run a hot dog stand if one was given to them.
It would be good if everybody that cast a vote in the election of these city council persons made a comment-
Simply put…if you do not vote you have no right to speak to the issue.
Bubba and Steve I agree with.
I did not vote for Connor in the past and will not voter for her in the future. She is a “loose cannon,” IMO.
BTW. I know 4 of the 5 Council Members (including Connor) and I do NOT think they would have censured her without cause.
I think that JoAnn Conner and Jacqueline Mittelstadt are a pair of vindictive harpies with a vendetta against the City that will ultimately cost SLT taxpayers money which could be better spent elsewhere. (“The City Council, anticipating the filing, has called for an emergency closed session meeting for Dec. 11 at 2pm to discuss the matter. The council will likely have to hire outside legal counsel because City Attorney Tom Watson would be a witness in the case. This may mean altering the budget to contend with the unexpected litigation.”)
Neither Conner nor Mittelstadt like the treatment that they received by the City/City Councils, albeit for different reasons, and now their intent on getting even, but it is the taxpayers who will be picking up the tab for their arrogance and revenge. Conner is furious because of her adolescent inability to tolerate not being considered right all the time; and for Mittelstadt this is payback for being relieved of her SLT City Attorney position 3-months after being sworn in. (Mittelstadt was sworn in as the City Attorney on June 2, 2009; officially took over those duties at a Special Meeting that occurred on June 30, 2009; and her last meeting as the City Attorney was on September 1, 2009, with then Assistant City Attorney Patrick Enright taking over on September 15, 2009, following which he officially assumed the City Attorney position on November 17, 2009.)
I believe this is wholly malicious on the parts of both these persons.
What is so frustrating about all this is that a smart and savvy person would understand that a dissenting opinion is only a challenge and knows how to still voice that opinion in a professional and respectful manner. They also understand that it is important to back up any of their stances with fact, and that does not include anecdotal evidence shared by your buddy down the street. JoAnn refuses to believe that any of this could possibly be the result of her own unprofessional and rude behavior and shortcomings in representing those that elected her. JoAnn represents JoAnn, that is all that has been made brutally clear by her consistent attacks on good progress in this town that would actually help the “little guy” she claims to be the voice of. Take responsibility for your actions and do your job. If you refuse to do that, then step down. This town is tired of your unquenchable and bizarre thirst for attention.
How can an elected official sue the city it is supposed to represent, protect and defend? Don’t they take an oath of office to protect the taxpayers’ money and protect the city from lawsuits? Sounds like the only thing Joann would expect to get out of suing the City is the hope a judge would agree that Joann was right and the others were wrong. It’s unbelievable to see an elected council person sue it’s own city. However much this is going to cost us taxpayers, the city should counter sue Joann to recover all the legal expenses if she loses just like they would any other person suing.
Hah! I’m glad Jackie stuck around to be thorn in the side of the Council. She didn’t go along with what they wanted, because it was not proper. So they fired her. She was treated very shabbily, and the city deserves the payback.
Dog = Mittelstadt or JoAnn? 4mer/NotSpam hit the nail on the head. This lady just wont go away.
can’t the city just use legal moves to stall until after her term expires in November 2016? that’s what I would do.
Fight it out but don’t use taxpayer money to pay for it.
Personal responsibility on the part of the Council members and City Manger as well on Ms. Conner should be the court judgment.
The taxpayers didn’t ask for this and shouldn’t shoulder the cost.
I am thinking this cost the city $100,000 or more in outside legal fees.
Meyers resident who wishes she could vote for City Council.
Carl I think you are correct in the cost of this. I am sure Miss Mittelstadt could write a book on Hal and Tom. She was not treated right when she left, some day I would like to know the truth.
Jacqueline Mittelstadt’s last appearance as the SLT City Attorney was at the September 1, 2009, City Council Meeting. At that time the serving City Council Members who had been elected by the voters of SLT were Jerry Birdwell (who was Mayor), Kathay Lovell (who was Mayor Pro Tem), Hal Cole, Bill Crawford and Bruce Grego. Mittelstadt’s time with the City occurred during a slightly rare period when Tom Davis was not serving as a City Council Member.
There are three facts that are undeniable here:
1. Connor is without doubt hard to get along with, rude and often offensive.
This is bad but not illegal.
2. The City has clearly demonstrated many times over that the City Council is totally lost in its ability to run the City without creating constant strife and ugly issues. Special interests and personal interests remain financial and legal problems that are hidden behind a variety of quasi legal excuses.
Personally, I believe incompetent is the operative word for the SLT City Government.
3. That outside counsel will likely cost thousands of dollars, and I do not doubt the estimate of $100K, plus all the City employee time that would be better served on real business.
Conclusion? The City should have taken steps to marginalize her without creating expensive legal action and let her term run out. Let her term run out and problem solved.
Of course, it looks like it is too late to do this now, and one more disaster lies squarely at the Council’s feet, paid for by the residents of SLT.
Cranky, did you see a copy of my article?? LOL Took the words right out of my mouth
Kenny, you are launching a new business, you have a new grandson, there is plenty of snow for your passion. Stop being so negative and feeding the bad vibes around town. Stop being such a downer and negative person.
Yep, I got a Third Generation Face Rat and he is going to being skiing soon lol. Thanks
I wonder how much could be done repairing our city’s streets with that $100,000, Foolish waist of taxpayers dollars!
Cranky Joann’s conduct could have created a very large liability for the city from employee claims. Employers cannot curse and belittle employees in a manner that creates a hostile environment. This is probably the cheap way out.
Think of a profession where you can go around calling your coworkers/clients c-words and not be dismissed.
If your answer was ‘bartender in a bottom-tier strip club’, you’re close but you’re still wrong.
Praising Manners
A poem by Robert Bly
We should ask God
To help us toward manners. Inner gifts
Do not find their way
To creatures without just respect.
If a man or woman flails about, he not only
Smashes his house,
He burns the whole world down.
Your depression is connected to your insolence
And your refusal to praise. If a man or woman is
On the path, and refuses to praise — that man or woman
Steals from others every day — in fact is a shoplifter!
The sun became full of light when it got hold of itself.
Angels began shining when they achieved discipline.
The sun goes out whenever the cloud of not-praising comes near.
The moment that foolish angel felt insolent, he heard the door close.
Billy. Perhaps you might get away with using the “c-word” on all male construction crews?
Sounds like a good way to get punched in the face.
I have never said that filthy word and no one who has ever known me has heard me say it because I would not. I have never sworn at, yelled at, nor threatened any employee. One employee saying I said it with no witnesses should make you wonder.
JoAnn Connor,
This a small town as you know, the overwhelming circumstantial evidence leading to your censure from citizens, City employees and the City Council videos is damning. Attempting to play the victim just “ain’t gonna fly”.
What “evidence” would that be, K.Clancy?
JoAnn Connor,
That would be the statements of numerous citizens, City employees and your fellow Councilpersons. Nitpicking what constitutes “evidence” of your unacceptable/unprofessional abusive behavior is apparently your defense strategy. Good luck with that and thanks for costing all of us big bucks we need to actually help the City.
JoAnn, maybe it’s time to take a different approach to this whole thing. Instead of deflecting any responsibility for your actions maybe…..listen? How easy would it have been to say
“I’m sorry that my actions were misconstrued as hostile. It was never my intent to make people uncomfortable. Perhaps it’s time to take another look at my interactions with people, and see what I could do better.”
If you had said that, this whole thing would have blown over,. You might have even made your self look good. Heck, maybe you could have had a chance in 2016. Instead you’ve turned this into a circus that is costing the tax payers money. You are finished if you don’t change.
Justify it however you want, but I wan’t leadership that’s intelligent enough to be capable of change. My last word of advice would be to take what little dignity you have and get off the internet. Rarely do you ever see any of the other council members online posting on anything. Have you not noticed that your the only council member who gets in arguments online? Get off the keyboard, and focus on finishing out your tenure as a good council member. Maybe then you can undo the damage you’ve done to your reputation.
Conner’s attorney Jacqueline Mittelstadt said, “It’s not against the law to be a jerk or a bully. Bad behavior is not illegal and is not the basis of censure.”
This says it all right there…