City postpones decision regarding city administrator
Mayfield wants hearing to respond to allegations
Staff reporter
There were times during Monday evening's special Marion City Council meeting that it was unclear who was in charge — the council or patrons.
The meeting was called to discuss, in executive session, the position of city administrator — more specifically, the re-appointment of current administrator David Mayfield.
Following more than an hour of the privileged session between the city council (albeit Gene Winkler, who was called for an ambulance run when the meeting began) and city attorney Dan Baldwin, the council returned to open session.
Mayor Mary Olson asked city clerk Angela Lange to check parliamentary procedures while the crowd of a dozen people waited.
Lange returned to the meeting room a few minutes later and Olson referred to a handbook.
After the meeting, Olson was asked why she requested additional procedural information.
"Since there were only four council members present, I wanted to know how a 2-2 vote could be broken," Olson said.
In the event of a tie, the city attorney would break the tie.
"I didn't want to put a non-elected official in that position. These are the decisions elected officials are supposed to make," she said.
At the meeting, Olson then asked for public comment.
Former city commissioner, Marion business owner, and Marion resident Jim Crofoot said he had been involved in city government for 15 years and it had come "a long way" in that time.
"There is so much an administrator can do," Crofoot said, and he didn't want to see the position eliminated. "Mayfield has done a good job."
No mention was made at previous meetings by the council of the possibility of abolishing the city administrator position but those in attendance Monday evening seemed to think it was a possibility.
Marion business owner and Marion County Lake resident Dave Crofoot said he hated to see the city slide backward. He, too, supported Mayfield and the position.
Hillsboro resident and Marion business owner Jim Cloutier said he credited Mayfield for Cloutier's desire to invest in Marion.
"I'm getting ready to invest more money in this community and I'm doing this because of David Mayfield," Cloutier said.
Cloutier owns Shawmar Oil and Gas Company with corporate offices in Marion. He recently purchased the former Elgin Apartment House and is in the process of renovating the building to be used as an up-scale restaurant and bed and breakfast.
"I can't imagine not having a city administrator," Cloutier said. "If we're going to go backward then what the hell am I doing in Marion? I could move everything back to Hillsboro."
Cloutier continued that he was considering living in Marion but now he's not so sure.
Former USD 408 Superintendent Gerry Henderson asked if the city had a formal performance assessment for the city administrator. Baldwin responded there was an annual review process with the last assessment completed in January. Henderson asked for the results of that evaluation. Baldwin said it was confidential information but Mayfield could divulge it if he saw fit.
Mayfield did respond and said he received a pay raise as a result of the review and did not hear any negative comments.
Henderson then asked the council what had happened between mid-January and now that warranted not appointing Mayfield as administrator?
"What has happened that we're ready to do something that drastic?" Henderson asked. "I've only seen one thing that has changed since then — a new mayor."
City economic development director Jami Williams said she wasn't asked by anyone if there was a need for an administrator. With a financial background, Williams said she was very impressed with what Mayfield has done for the city regarding its finances.
"He has done a fabulous job," Williams said, particularly for someone without a finance background.
Former mayor Max Hayen said it is imperative to have a city administrator.
"I hired David as police chief," Hayen said. "He didn't want to be administrator but took it anyway."
Hayen continued that the city's budget has been "second to none" under Mayfield's guidance.
Rural Marion resident Andy Hanson said he has invested his personal money in a Marion business.
"I'm happy with the job Dave has done," Hanson said. "He's treated me fairly."
With all that said, Olson made the motion to not appoint Mayfield as city administrator at this time and to appoint a city administrator at a later time. Bill Holdeman seconded the motion. Stacey Collett said he did not want to make a decision without Winkler being present.
A fiery exchange between Mayfield and Olson resulted in Olson telling Mayfield that she had a stack of complaints against him. Mayfield said he had not seen the negative comments.
Olson then withdrew the motion and Holdeman withdrew his second because there was not a full council.
Mayfield then requested an employee hearing.
"I have never seen any documentation," Mayfield said.
"If Dave is removed, he has the right to a grievance hearing," Baldwin said. "He's asking you to do it anyway, regardless if it's a forced hearing.
"Did Dave have an idea this was coming?" Baldwin asked the council. Olson looked directly at Mayfield and said she and Mayfield had had conversations about some of her concerns.
Some members of the crowd responded that it wasn't fair that Mayfield was not aware of the complaints and was entitled to know what they were. When the crowd asked about the allegations, Holdeman began to respond and Olson advised him to be careful what he said since the information was confidential and discussed in an executive session.
Olson then attempted to call for another executive session when members of the crowd began to shout at her, wanting a further explanation. With guidance from Baldwin, a 30-minute executive session for attorney-client privilege was called, with Baldwin present.
When the meeting reconvened, Olson said the council will grant Mayfield a chance to talk about the complaints. Mayfield said he wanted the hearing "right now, tonight." Olson responded that she wanted all of the council members present. An audience member shouted that it was OK to make a motion to dismiss Mayfield without a full council, why was it not OK to have a hearing without the full council?
"There is a small group here who represent a lot of dollars," said Dave Crofoot to Olson. "I hope you understand what this means."
Olson responded that she did. Crofoot then asked her if she "really did" know what he was talking about and that he didn't think she fully understood.
Mayfield will be out of town the rest of the week so another special meeting before the regular meeting on Monday would not be possible. Mayfield reminded the council that they had tabled the appointment for two weeks at the April 23 meeting. With that, the council said it would be on the agenda at the next council meeting. Olson said the meeting may begin earlier since it will be a full agenda.
Henderson reminded the council that if a special meeting is called, there needs to be sufficient notice to the public of the special meeting.
Baldwin said he could not imagine this being delayed again.