Current employees in the City of La Center and others have joined in the demand for an external investigation into the operations in the city as reactions to the Erin Nolan report continued to intensify.
The Reflector Newspaper recently uncovered a draft copy of a report produced by Nolan, who served as La Center’s interim police chief from September 2012 until March 25, 2013. The report contained information, observations and interviews with current and past employees that Nolan documented during her tenure in La Center and expressed concerns about operations in the city.
In the report, Nolan wrote, “I believe that it is appropriate to bring forward concerns that appear to have merit or that expose the City to risk.’’ The report centered on the actions of Public Works Director Jeff Sarvis and Finance Director Suzanne Levis and the lack of appropriate intervention by Mayor Jim Irish.
Council Member Greg Thornton publicly called for a “complete, thorough, independent investigation of all the allegations in this report, including all of the concerns and the issues.’’ At Thornton’s request, an executive session of the La Center City Council is scheduled for Oct. 30 to discuss the issue.
Thornton and other council members are expected to continue to push for an investigation into the city’s operations during that executive session. The Reflector has been told by multiple sources involved in the situation that a majority of council members will vote in favor of an investigation if given the opportunity.
The demand for investigation
Thornton is being joined in his demand for an investigation by multiple parties, many of whom are expected to express that to Mayor Irish, council members and other city officials at the Oct. 30 public portion of the meeting. Multiple current and past employees also told The Reflector that they are asking for an investigation.
“The (Nolan) report exposed questionable behavior, now it’s up to the mayor and city council to put personal feelings aside and do what’s right,’’ said one current city employee, who asked for their name not to be reported. “Even if there’s just ethical problems. We would ask the public and the media to demand an external investigation. There’s a whole lot more here if people are given the freedom to speak without retaliation.’’
The employee said the climate, or culture, among city employees and department heads had worsened since the Nolan report was made public. The employee, who expressed sincere fear of retaliation, said they were experiencing “many sleepless nights’’ as a result of the hostile work environment in La Center.
La Center resident Bob Smith, a former council member, expressed his feelings to the mayor and council members in an email.
“As a citizen and a former CC member, I am asking the city council to conduct an investigation by an outside source regarding the allegations reported by Erin Nolan,’’ Smith wrote. “Allowing the mayor to do nothing may be his choice, but it is unacceptable for the remaining elected officials to stand by and do nothing. Where there is smoke there is fire!
“After reading the ‘draft’ report I find it very questionable why the council members have never seen it in its draft or final filings to the city,’’ Smith wrote. “Please do not let these serious allegations in the report disappear like it was yesterday’s sun! If one percent is found true we have a very serious lack of correct leadership in city hall.’’
John Bockmier is a Vancouver-based consultant who represents the four cardrooms in La Center. The cardrooms account for more than two-thirds of the revenue, a little more than $3 million annually, generated from the city’s tax base. The cardrooms pay a 10 percent tax on gambling revenues.
The cardrooms have been at odds with Irish and city officials for many years over the Cowlitz Tribe’s proposed mega casino near the La Center I-5 junction. If the casino is built, sources expect its presence would either cripple the cardrooms financially or shut them down altogether.
“We are very concerned by the allegations presented in the Nolan report,’’ Bockmier said. “We’re currently engaged in a number of issues with the city that are critical for our future and we want to insure that we’re on a level playing field with regard to our interaction with the city.
“I also want to emphasize that the credibility of the author of this report (Nolan) is one of the things that amplifies our concern,’’ Bockmier added. “We have a very high degree of respect for Erin Nolan and her reputation is impeccable.’’
Mayor to change manual
Irish said that the Nolan report has not prompted him to make any personnel changes in the city, but that he is working with La Center City Attorney Daniel Kearns on changes to the Personnel Policy Manual.
“Some of the issues such as updating and making mandatory training for the employees and also mandatory training for the supervisors on areas like Workplace Safety, drug and alcohol abuse, ‘No Fear Act,’ Sexual Harassment in the workplace, et al,’’ Irish wrote in an email. “Also reporting to other directors or the Mayor, or the City Attorney if an employee didn’t feel comfortable or for fear of retaliation from their supervisor or director.’’
Irish said that when he received the final memorandum to file, he would provide a copy to The Reflector. The mayor said that the changes were a direct result of the Nolan report and a report provided to the city in July 2012 by Dynamic Pathways, a consulting firm based in Pasco, WA.
“These are actions being taken to address issues brought forward in the Dynamic Pathways report and some of the basic issues in the Nolan Report,’’ Irish wrote. “No, I am not making changes to personnel, but I am in the process of making changes to the Personnel Policy Manual.’’
Kearns confirmed that he and Irish were working on the memorandum.
“It has to come to some conclusion,’’ said Kearns, referring to the concerns over the Nolan report. “When you get a report like this, everybody looks at it and wants answers.
“There is something to this,’’ Kearns added. “There is something that deserves a response. I think we’ve analyzed that and I have advised the mayor. His conclusions will come out in a short written form.’’’
Final report released by city
As a result of The Reflector’s coverage, La Center City Attorney Daniel Kearns released the final version of the Nolan report and supporting documents to the paper on Oct. 18. Kearns had previously denied a public documents request for the report, attachments and supporting documents, citing attorney-client privilege between Nolan and himself.
Kearns said another reason for his refusal to honor the public records request was to protect the names of the La Center employees who were identified in the report.
“When people complain about things like this and it comes to me, I don’t blab about their identities,’’ Kearns said.
Kearns cited the Whistleblower Protection Act, the 1989 law that provides millions of federal employees with rights.
“Technically, the individuals in this report are not whistleblowers, but because of the information they disclosed, I felt compelled by the statute not to disclose their identities,’’ Kearns said. “The next rule that kicks in is that there shall be no retaliation as a result of the fact that they’ve come forward. These individuals are both city employees so I would expect there would be no retaliation.’’
Despite Kearns’ efforts, current La Center employees and former employees in the city both told The Reflector in recent days that their fears are justified.
“It’s run like a prison,’’ said a former employee. “It’s something out of the 1920s. They (Sarvis and Levis) never get called on any of this stuff. So, employees are afraid.’’
Oct. 30 executive session
Kearns said he plans to be a part of the executive session scheduled for Oct. 30. He also said that he expected the city to also receive some guidance during the session from Derek Bryan, a risk manager at the Association of Washington Cities (AWC). La Center is represented by AWC is several service areas including member programs, such as municipal liability insurance.
“They have a role to play in this just like any insurance carrier,’’ Kearns said of AWC. “They have expertise so it’s always good to ask their advice. I think Derek will help advise the council on the meeting on the 30th.’’
Kearns cited attorney-client privilege when asked about his recent discussions with Bryan involving concerns expressed in the Nolan report.
Kearns said that if council members are intent on pushing for an investigation, they will have to determine how to proceed.
“I would strongly encourage them to be extremely specific about what is being investigated,’’ Kearns said. “If a councilor would make that motion, it’s not enough to just say ‘investigate this.’ It would have to be a very specific request. This report covers a broad range of activities including police activities, management and operations.
“I have heard what Greg Thornton is requesting and I would urge him and anyone else to be far more specific about what needs to be investigated,’’ Kearns said. “If there is going to be any subsequent action taken, it should be constructive, meaning it should lead to some useful information.’’
