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Tuesday, December 28, 2010

Administrator Resignation.

Watch and tell me what you think just happened.
I will also request a copy of the separation agreement and post it along with the video.

City Administrator Resignation 1

City Administrator Resignation 2

Cody

I have heard from a Council member concerning this.
Although much of the answers I needed answered were executive session protected.
I did learn that there is a legal protection clause not mentioned in this meeting.
This clause protects our former City Administrator, from future legal action against him.
Which makes me question why those four voting for this, kept mentioning protecting the City.
Protecting from what?

I have also learned that the new Council will have option's presented to them to finance this pay-off.
Among some of the ideas I heard was terminating the Ordinance Enforcement Officer position and putting that responsibility back where it belongs.
In the hands of the new City Administrator.

Cody

Here is the separation agreement for your review.
Cody

SEPARATION AGREEMENT 
This Separation Agreement ("Agreement") is entered into between the City of Cascade Locks, an Oregon municipal corporation ("City"), and Bernard Seeger, City Administrator ("Seeger").
RECITALS

A. Seeger has been employed by the City as its City Administrator since July  1, 2009, and presently serves as City Administrator pursuant to an employment agreement dated July 1, 2009 ("Employment Agreement").
B. Seeger serves at the pleasure of the City Council and may be terminated from or resign his employment. The City and Seeger may also mutually agree to terms of separation.
C. Seeger and the City have agreed that Seeger’s employment with the City shall terminate as provided in this Agreement.
THEREFORE, in consideration of the parties’ mutual release of their respective rights and obligations as set forth in the Employment Agreement and the terms and conditions as set forth below, the parties agree as follows:

1. Termination as City AdministratorThe City and Seeger agree that Seeger’s responsibilities as City Administrator shall terminate on January 31, 2011, provided, however, he will continue to have ongoing responsibilities to the City as provided in Section 4 below. The terms and conditions of this Agreement shall continue to apply until fully performed.

2. Pay and BenefitsCity shall pay Seeger the base salary under the Employment Agreement ($6,037.50 per month), and provide medical and dental insurance on the same terms as currently provided through January 31, 2011. Payments and benefits described in this section shall be made in the ordinary course of City payroll payments.


3. Payment of AccrualsBy January 31, 2011, the City will pay Seeger a lump sum of $18,112.50 as severance pay. Seeger shall not receive any additional compensation for accrued unused sick leave, vacation or administrative leave.


4 Cooperation with City4.1 During the period of transition to a new City Administrator, Seeger shall cooperate and assist in the transition to new City management, including at a mutually agreeable time or times and places, meeting with the interim Finance Director to provide background information or strategy for preparation of the Fiscal Year 2011-12 budget, and meeting with the Interim City Administrator and/or new City Administrator to inform and update the Interim and/or new City Administrator of the status of important City matters.

4.2 During the same period, as set forth in Section 4.1 above, Seeger agrees he shall make himself reasonably available to the City as reasonably requested to answer questions and otherwise provide information relating to all matters with which he was involved while employed with the City. After that time, the City and Seeger may agree to terms regarding additional such assistance. Nothing in this section requires Seeger to travel to City of Cascade Locks or meet or be available at times that would interfere with any future employment or with efforts to obtain employment.

4.3 In addition, Seeger agrees to be reasonably available to appear on behalf of City in any litigation, arbitration, or other proceeding involving Seeger’s performance of his duties while employed by the City. The City agrees to provide Seeger access to files and the assistance of staff as needed to help him prepare for any testimony. During the same period, as set forth in Section 4.1 above, Seeger agrees he shall make himself reasonably available to the City as reasonably requested to answer questions and otherwise provide information relating to all matters with which he was involved while employed with the City. After that time, the City and Seeger may agree to terms regarding additional such assistance. Nothing in this section requires Seeger to travel to City of Cascade Locks or meet or be available at times that would interfere with any future employment or with efforts to obtain employment. During the period of transition to a new City Administrator, Seeger shall cooperate and assist in the transition to new City management, including at a mutually agreeable time or times and places, meeting with the interim Finance Director to provide background information or strategy for preparation of the Fiscal Year 2011-12 budget, and meeting with the Interim City Administrator and/or new City Administrator to inform and update the Interim and/or new City Administrator of the status of important City matters.

5. Confidentiality and Publicity
Seeger agrees that he will not disclose any information or data concerning litigation, employment and personnel matters, real property transactions, or other subjects disclosed to or acquired by him in confidence at any time during his employment with City, unless authorized in writing by the City Council or pursuant to court order.


6. Release Seeger does hereby release, covenant not to sue and discharge the City, its Mayor, Councilors, officers, directors, managers, employees, agents, insurers, attorneys and all related entities from any and all liability or claim which presently exists or may arise in the future, relating to any claim Seeger has or might have relative to his employment by the City as the City Administrator or his separation from that position.

This section covers any and all liabilities or claims the factual basis of which occurred or is alleged to have occurred or commenced prior to the date of this document.

This section includes all claims for any and all additional wages, salaries, compensation of any sort, damages, attorney fees, or other costs however denominated of any nature, except as provided in this Agreement.

This section includes any and all claims and remedies available under any federal, state or other governmental statute, regulation, ordinance or presidential executive order, including, without limitation, a grievance under any applicable labor contract or employee handbook, any employment contract express or implied, common law tort claims, Title VII of the Civil Rights Act of 1964, the federal Age Discrimination in Employment Act and the Employee Retirement Income Security Act of 1974, 42 USCA 1981, the Fair Labor Standards Act, the State of Oregon and the Federal Family Medical Leave Act, the Americans with Disabilities Act, the State of Oregon wage and discrimination statutes (including Chapters 652, 659, and 659A), and the Rehabilitation Act of 1973.

To the extent permitted by statute, the City shall hold harmless from and indemnify Seeger for any and all liability, settlements, loss, costs, and expenses in connection with any action, suit, or claim resulting or allegedly resulting from Seeger’s acts, omissions, activities, or services within the scope of his employment as City Administrator of the City of Cascade Locks.
7. Review Period Seeger acknowledges that he has read this Agreement and has been advised in writing by the City to consult with an attorney before signing this Agreement. Seeger also acknowledges that he has been given a period of 21 calendar days within which to consider this Agreement if he so wishes. Seeger expressly agrees that this 21 calendar day waiting period is waived to the extent that this Agreement is signed by him and delivered to the City before the expiration of such 21 calendar day period.


8. Revocation PeriodAfter signing the Agreement, Seeger has seven (7) calendar days from the date on which the signing occurred to revoke this Agreement. Any such revocation shall be made only by notifying the City in writing at the following address:
City Recorder
City of Cascade Locks
P.O. Box 308
Cascade Locks, OR 97014
Such written notice of revocation must actually be received within the required seven (7) calendar day period to be effective. Notwithstanding any other provision in this Agreement, this Agreement shall not become effective or enforceable until this seven (7) calendar day period has expired. Payment of any sums required by this Agreement will not be made at least until the expiration of the seven (7) calendar day period. This seven (7) calendar day period cannot be waived.


9. Employment ReferencesThe City agrees to release information in Seeger’s personnel file that is exempt from disclosure only with the consent of Seeger, or by order of a court or district attorney with jurisdiction over the matter.


10. WaiverFailure on the part of either party to exercise any rights or privileges granted herein shall not be construed as waiving any such rights, privileges, obligations, duties, or creating any custom contrary thereto.


11. SeverabilityAll agreements and covenants contained herein are severable and in the event that any of them shall be held to be null, void, invalid or inoperative for any reason, the remaining provisions shall be interpreted as if such invalid provisions were not contained herein and shall retain full force and effect.


12. Entire AgreementThis Agreement contains the entire Agreement between the parties. Seeger agrees that no other promises or inducements have been made to him unless contained in writing, attached hereto, or incorporated herein by reference. This Agreement may not be modified in the future except in writing signed by the parties.


13. Understanding of AgreementSeeger acknowledges that he has had the opportunity to consult with independent legal counsel of his choice during the negotiations prior to the execution of this Agreement and, in fact, has consulted with his own attorney and enters into this Agreement after receiving advice from his attorney. Seeger acknowledges that he has had a reasonable period of time to consider whether to accept this settlement.

14. Attorney Fees
In the event that one of the parties to this Agreement initiates litigation or arbitration to enforce its provisions, the prevailing party in such action shall be entitled to an award of the reasonable attorney fees expended in such action and on any appeal therefrom.

CITYSEEGER
CITY OF CASCADE LOCKS

________________________ 
Mayor
Dated: __________________ 
 
 
________________________ 
Bernard Seeger
Dated: __________________
APPROVED AS TO FORM:

_______________________
City Attorney
 
 



Tuesday, December 14, 2010

To The City.

To the City.

I want to think you for such a fine broadcast of our televised Council meeting last night.
I feel like such an informed citizen now after sitting in front of a black screen.
All I could do was wait for some hypnotic message saying love your council to begin.
I hope it served your purpose to turn us citizens into zombies watching your black hole.
Next time could you serve a little KY Gel with it, to ease our pain?

You did however brush me up on my vocabulary a bit I must say.
Putting aside what I used to get my mouth washed out with soap for, lets get to the words my parents would prefer me to use.

Incompetence, inability, inadequacy, ineptitude, inexperience, amateurishness, ignorance, inability, ineptitude, ineptness, inexpertness, oafishness, rudeness, tactlessness, uncoordination, uncouthness, ungainliness, unskillfulness and lets not forget just out right useless. 
Does that about sum it up for you?

So just how long is this City going to ignore the fact that this camera has a problem and needs to be addressed.
After all, it has had this very problem going on how many years now?

So what have you been waiting for, some magical fairy to fly in and sprinkle her magical fairy dust on it and shazam, the problem is solved?
Therefore the definitions I give you fit like a glove.

Now the fact of the matter is senior and disabled people depend on this service of the city to be informed citizens of this city.

As it stands our City Hall, much less the Council Chambers does not meet the legal requirements of the Americans with Disabilities Act.
That would require a total remodel of City Hall, to include the proper spacing of doors and halls, excess to bathrooms, approved seating, elevators and the like.

This Council is fully aware of that, as I brought this up, when you tried to stop televising the Council meetings and workshop sessions.
Do you remember that?
Yet have anyone of you addressed that issue?
So again you are in violation of that law which governments of the past passed the deadlines to correct.
Do you remember that?

So knowing that was not the fault of this Council I would expect that you would care enough about the people to fix the camera.
After all that would be much cheaper than an American with Disabilities Act violation wouldn't it.

Then I find it insulting that this City can spend money for new office furniture, to insure the city workers are comfortable, but as far as the people goes who cares.

Then it would be unbecoming of me to not mention the fact that you are stealing from the backs of your utility customers.
You have made sure the city gets its new toys and employees, but it seems to me if you want to steal from us that fixing this camera is the least you could do for the citizens.
But I have to remember that I am dealing with incompetence here.

Cody

Friday, December 10, 2010

Let The Cover-Up Begin?

Citizens

I filed a complaint against the City.
This complaint went to all Council and the Mayor.
Kathy Woosley to distribute to Councilmember Cramblett, if he is still not able to hook a Mac up to the Cities internet. Along with a request to disclose to all new council member's.
This complaint also went to an attorney I have looking into this matter and our very Attorney General for the State to amend a complaint I lodged the first of this month.

Well it seems someone feathers got ruffled and they got a little mad.
Well this email was sitting in everyones mailbox this morning.
Low and behold I was contacted by a party that the links did not work, as I gave the City Council links as supporting evidence from the minutes.
Now fellow citizens if you go to our City web site at this time and look for the agendas what do you see?
Thats right where did all this years and last years Council packets go?
They are no longer there.
Now try and find the planning commision packets.
Where we had at least this meeting and the last one of the council all these are gone.
So what is going on here?
They were there at 9 o'clock and by noon everything on the city website is vanishing.
Do you smell what I smell?

Cody

Tuesday, December 7, 2010

Whats On Your Mind?

I find this deeply disturbing.
If we can't trust our own government to administer the laws impartially, fairly and without prejudice against the people, we no longer have, as John Adams famously put it,"a government of laws and not of men".
Instead, we have an arbitrary, capricious tyranny. Abraham Lincoln's famous hope for "government of the people, by the people, for the people" becomes instead 'government of, by and at the whim of biased bureaucrats'.


In less than a month our city will have a new sitting council.
A council not of the "good ole boys club", but of people without the strong family and friends, which kept that club in power over the decades.
All we need do is look around at how the elitist groups before whom ran our city did.
Yet this past election showed them all that our government is of the people, by the people and for the people.

Yet those before have left a mess for the new to clean up.
The difference between what was and is now is simple.
Those whom used the power of government against us are gone.
We do not have the fear of being targeted by government any longer for speaking out.
We have informed our government that we the people are the government here.

Yet being the government is more than just electing people to run our city.
It is also being involved and making your voices heard.
We all know the problems we face so who better to fix them than the people?

This post is for the people.
Lets use this medium to target the problems and work towards solutions.
So I ask you to point out the problems.
If you have more than one, then do each one separately.
Then give your suggestion of how this problem could be resolved.

I would hate for everything this election changed, to not address what happened, leading to how we got here, only to stay the same.

Cody